In this episode of Risk! Engineers Talk Governance, Richard Robinson and Gaye Francis discuss control and reasonableness in WHS/PHS legislation.

They explain that the WHS/OHS legislation is a statutory statement of the common law duty of care and a defence against negligence, and that there’s two primary controls for negligence defence: no power defence (lack of control) and doing every reasonably practicable thing to address the matter. The aspect of control is built into the reasonableness decision in the legislation.

The episode also covers:

• the importance of not getting caught up in arguments about responsibility and instead taking collective responsibility for addressing hazards.
• Lord Atkin's question "Who is my neighbour?" and how the legal ruling relates to design process and retrospective design review.
• the benefits of the due diligence approach in bringing key stakeholders together to collectively address safety issues.

The Criminal Manslaughter booklet mentioned can be found at https://www.r2a.com.au/store/p/r2a-criminal-manslaughter-directors-booklet

For more information on Gaye and Richard’s due diligence work at R2A, head to https://www.r2a.com.au/

In this episode of Risk! Engineers Talk Governance, due diligence engineers Richard Robinson and Gaye Francis discuss R2A's preferred approach to due diligence.

They explain why they start with a top-down approach, usually starting with the military intelligence, threat and vulnerability technique. And how often organisations who have started with a bottom-up process have been floundering for some time, come to R2A to cut through the detail.

Richard and Gaye also discuss:

· importance of selecting the right tools and techniques for the job,

· need for multiple perspectives and approaches to ensure a comprehensive analysis,

· importance of bringing key stakeholders together and the challenges of working in silos,

· need for preparation and adaptability in the due diligence process.

Please note the matrix mentions is available in all R2A publications. You can find these at https://www.r2a.com.au/store

If you'd like to learn more about Richard & Gaye's due diligence work at R2A, head to www.r2a.com.au or get in contact at admin@r2a.com.au.

In this episode of Risk! Engineers Talk Governance, Richard Robinson and Gaye Francis discuss their recent success (as Expert Witnesses) at VCAT (Victorian Civil and Administrative Tribunal) and how design trumps risk assessment.

They discuss their case involving an application for a building permit in the outer safety zone of a major hazard facility. WorkCover advised against building two new dwellings due to increased population and societal risk. However, Richard and Gaye, as expert witnesses, argued that proper safety and design measures, such as laminated windows and steel roofs, could mitigate the risks.

The VCAT decision supports R2A’s position, and emphasises the importance of, working out the credible worst-case scenarios and then designing for it.

You can listen further about this VCAT hearing in Season 2 episodes 1 & 2 of our podcast.

If you’d like to learn more about Richard & Gaye, visit www.r2a.com.au.

Please submit any feedback or topic ideas to admin@r2a.com.au.