In this episode of Risk! Engineers Talk Governance, due diligence engineers Richard Robinson and Gaye Francis wrap up Season 6 and the theme of SFAIRP complexities.

Key season highlights they revisit:

• Three essential components of SFAIRP: "As Far", "As Is", and “Reasonably Practicable”,
• Confusion around hierarchy of controls,
• Contradictions between WHS Legislation (OHS Act in Victoria) and planning and safety law.

Watch out for 2026 for Season 7.

For further information on Richard and Gaye’s consulting work with R2A, head to https://www.r2a.com.au, where you’ll also find their booklets (store) and a sign-up for their quarterly newsletter to keep informed of their latest news and events.

Gaye is also founder of Australian women’s safety workwear company Apto PPE https://www.aptoppe.com.au.

In this episode of Risk! Engineers Talk Governance, due diligence engineers Richard Robinson and Gaye Francis discuss the two types of Regulators.

They outline two fundamentally different regulatory philosophies: regulators who view prosecutions as a measure of success versus those who see them as a measure of failure.

The discussion examines how the "so far as is reasonably practicable" (SFAIRP) framework has shifted the burden of proof, making it harder for some regulators to secure convictions and created new challenges for organisations trying to demonstrate compliance.

Richard and Gaye analyse recent high-profile cases, including the Auckland Port Authority CEO conviction and the Hazelwood fire prosecution, highlighting how transparency of process, not just outcomes, has become central to regulatory scrutiny.

They also discuss the complications arising from overlapping legislation across Australian jurisdictions, the tension between organisations' stated commitment to safety and their legal defence strategies, and how New Zealand appears to be leading the way in prosecuting senior executives.

For further information on Richard and Gaye’s consulting work with R2A, head to https://www.r2a.com.au, where you’ll also find their booklets (store) and a sign-up for their quarterly newsletter to keep informed of their latest news and events.

Gaye is also founder of Australian women’s safety workwear company Apto PPE https://www.aptoppe.com.au.

In this special episode of Risk! Engineers Talk Governance, due diligence engineers Richard Robinson and Gaye Francis discuss psychosocial hazards in the workplace and the newly introduced Victorian Occupational Health and Safety (Psychosocial Health) Regulations 2025, which came into effect on 1 December.

They explain that the new regulations largely re-states existing Occupational Health and Safety legislation requirements to identify, eliminate, and reduce such hazards as far as reasonably practicable. They also note that psychosocial hazards can manifest in various ways, such as aggression, bullying, exposure to traumatic events, and high-demand jobs. However, they argue that many of the hazards listed in the regulations are failed controls.

They recommend that organisations break down psychosocial issues into specific mechanisms, such as vicarious trauma, workload stress, and occupational violence, and then develop targeted controls to address those mechanisms, and highlight how high-risk industries, such as marine pilotage and emergency services, that have long-standing practices for managing psychosocial risks.

For further information on Richard and Gaye’s consulting work with R2A, head to https://www.r2a.com.au, where you’ll also find their booklets (store) and a sign-up for their quarterly newsletter to keep informed of their latest news and events.

Gaye is also founder of Australian women’s safety workwear company Apto PPE https://www.aptoppe.com.au.

In this episode of Risk! Engineers Talk Governance, due diligence engineers Richard Robinson and Gaye Francis break down the concept of SFAIRP "So Far As Is Reasonably Practicable" into three key parts: "So Far", "As Is", and "Reasonably Practicable".

This was one of their key take-aways from their recent Live Forum where lawyer Joseph Coleiro articulated the following:

• "So Far" refers to the notion of doing as much as possible to address a risk, rather than just meeting a target level of risk.
• "As Is" refers to the information and circumstances available at the time a decision is made, rather than considering hindsight.
• "Reasonably Practicable" is defined in legislation, considering the likelihood and degree of harm, what is known about the risk, the availability and suitability of controls, and the cost associated with implementing those controls.

The discussion details a legal case where an organisation was prosecuted for failing to implement various risk controls, demonstrating that negligence often arises from unimplemented, insufficient, or failed precautions.

Overall, the key is to break down SFAIRP into these three distinct elements and to not leave out any part, especially when it is fully defined in the Legislation or Act.

For further information on Richard and Gaye’s consulting work with R2A, head to https://www.r2a.com.au, where you’ll also find their booklets (store) and a sign-up for their quarterly newsletter to keep informed of their latest news and events.

Gaye is also founder of Australian women’s safety workwear company Apto PPE https://www.aptoppe.com.au.

In this episode of Risk! Engineers Talk Governance, due diligence engineers Richard Robinson and Gaye Francis discuss Formal Safety Assessments.

Key highlights include:

• A Formal Safety Assessment (FSA) is meant to provide a logical and reasoned argument that can withstand legal scrutiny.
• Formal Safety Assessments should identify the critical issues of concern, the current controls in place, and the further practical controls that could be considered, as well as the reasoning for implementing or not implementing those further controls.
• Many FSAs lack this logical reasoning and instead just list risks and general controls, without clearly connecting them to the specific hazards.
• Threat barrier diagrams can help provide a logical structure by clearly showing the issues of concern, the controls, and the consequences.
• Formal Safety Assessments should be concise and focused, not hundreds of pages long, as the key is to present a clear, robust argument.
• Formal Safety Assessments should also be regularly reviewed and updated to reflect changing context and availability of new controls, rather than just being recycled from previous versions.

For further information on Richard and Gaye’s consulting work with R2A, head to https://www.r2a.com.au, where you’ll also find their booklets (store) and a sign-up for their quarterly newsletter to keep informed of their latest news and events.

Gaye is also founder of Australian women’s safety workwear company Apto PPE https://www.aptoppe.com.au.

In this episode of Risk! Engineers Talk Governance, due diligence engineers Richard Robinson and Gaye Francis revisit the topic of Safety Culture.

They review the work of Professor Patrick Hudson, who identified five levels of safety culture, from pathological (who cares as long as we're not caught) to generative (safety is how we do business around here).

Richard and Gaye observe that many organisations tend to be more reactive, focusing on implementing controls after incidents occur, rather than striving for a generative safety culture. They note that the transition from a bureaucratic, rule-based approach to a proactive, thinking-based approach is challenging, and caution the use of AI, which can lead to a lack of critical thinking.

They end with how organisations should aspire to a generative safety culture, even though it may be an aspirational goal, and highlight the need for clear commitment to safety at all levels of the organisation, rather than just from Board level.

For further information on Richard and Gaye’s consulting work with R2A, head to https://www.r2a.com.au, where you’ll also find their booklets (store) and a sign-up for their quarterly newsletter to keep informed of their latest news and events.

Gaye is also founder of Australian women’s safety workwear company Apto PPE https://www.aptoppe.com.au.

In this episode of Risk! Engineers Talk Governance, due diligence engineers Richard Robinson and Gaye Francis discuss Could vs Should in Workplace Safety. (Thanks Nick for your email, case reference and questions.)

They explore the critical distinction between what "could" have been done versus what "should" have been done in workplace safety, sparked by the SKM Services case against Magistrates Courts of Victoria, and discuss how experts often use hindsight to determine what could have prevented an incident, whereas courts must assess what was reasonably practicable with the knowledge available at the time.

Key take-aways include:

• The danger of hindsight bias in safety assessments
• Why documenting decisions not to implement controls is crucial
• The importance of collaborative risk assessment workshops over single-person sign-offs
• How due diligence protects both engineers and directors from liability
• Why safety decisions must be regularly reviewed as technology and circumstances change

Richard and Gaye reiterate that while you can't always be right, you can always be diligent—and proper documentation of your decision-making process at the time is your best defence if something goes wrong.

Article reference for SKM Services Pty Ltd v Magistrates' Court of Victoria & Anor [2019] VSC-460: https://www.claytonutz.com/insights/2019/august/court-clarifies-the-meaning-of-reasonable-practicability-in-ohs-after-finding-a-magistrate-has-misstated-the-test

For further information on Richard and Gaye’s consulting work with R2A, head to https://www.r2a.com.au, where you’ll also find their booklets (store) and a sign-up for their quarterly newsletter to keep informed of their latest news and events.

Gaye is also founder of Australian women’s safety workwear company Apto PPE https://www.aptoppe.com.au.

In this episode of Risk! Engineers Talk Governance, due diligence engineers Richard Robinson and Gaye Francis discuss the complications of Safety Legislation & Planning Law.

Drawing on their extensive experience across multiple Australian jurisdictions—including Victoria, New South Wales, Queensland, and federal government projects—Richard and Gaye discuss the challenges engineers and designers face when navigating competing legislative requirements. They examine why Work Health and Safety (WHS) legislation doesn't always take precedence in planning decisions, despite common assumptions, and how this creates significant complications for professionals trying to ensure safe outcomes.

For further information on Richard and Gaye’s consulting work with R2A, head to https://www.r2a.com.au, where you’ll also find their booklets (store) and a sign-up for their quarterly newsletter to keep informed of their latest news and events.

Gaye is also founder of Australian women’s safety workwear company Apto PPE https://www.aptoppe.com.au.