In relation to health and safety, I pride myself on providing practical, timely advice about statutory regimes and safety systems and working closely with clients in Queensland and nationally. I often help manage the immediate aftermath of an incident, and the investigations that may follow. Having acted for numerous regulators, I understand both sides of the enforcement process.

In addition to providing general employment and industrial relations advice and managing related litigation (including discrimination, adverse action and termination disputes), I advise on the employment aspects of corporate restructures and sales and work with businesses to develop tailored industrial strategies and negotiate enterprise agreements.

Career highlights

• Queensland Department of Health – advised on the first prosecution under Queensland’s radiation safety regime, as well as other summary prosecutions under the Justices Act. Also advised on the safety obligations arising under the WHS Act.
  
• Queensland Resources Council; Australian Petroleum Production & Exploration Association; Wild Desert; Savanna Energy; an employee of Weatherford – advised oil and gas businesses, statutory role holders and industry bodies on key issues affecting the industry, including the application of the petroleum and gas safety regime and prosecutions under that regime.
  
• Advanta Seeds; Dole Australia – assisted these and other agricultural businesses with the management of safety incidents and related prosecutions
  
• Peabody Energy; Rio Tinto; Pacific Aluminium; BHP Billiton; Anglo American; Yancoal – worked with key mining businesses on safety and employment issues.
  
• Dalrymple Bay Coal Terminal; Wiggins Island Coal Export Terminal; North Queensland Bulk Ports Corporation – advised coal ports on employment and safety issues.
  
• Energex; Ergon Energy; Powerlink Queensland – informed electricity providers about electrical safety issues and how their businesses interact with other safety regimes.
  
• Queensland Government – worked on various asset restructures, including the successful $1 billion sale of the Cairns and Mackay airports; the sale of the Port of Brisbane; and the sale of an interest in Brisbane Airport.
  
• Key rail transport operators – advised on all aspects of rail safety, including amendments to Queensland’s rail safety regime.
  
• Provided information to businesses from numerous industries on the impact of the Heavy Vehicle National Law.
  
• Rio Tinto – completed a secondment as HR Advisor at the Gove Operations.
  
• Powerlink Queensland – completed a secondment as a corporate lawyer.
  
• Queensland Treasury – Advised on the employment and safety aspects of the lease packages for the Queensland electricity networks.
  
• Queensland Department of Transport and Main Roads – Advising in relation to health and safety.
  
• Employee at Department of Agriculture and Fisheries – Advising in relation to a serious safety matter.
  
• Advising various government and non-government Boards and Executive Leadership Teams including the Townsville Hospital and Health Service, Children's Health Queensland Hospital and Health Service, Powerlink Queensland, Stanwell Corporation, Queensland Treasury Corporation and the Royal Flying Doctors Service in relation to personal, regulatory obligations arising under safety regimes.
  

Education
LLB (HONS) (UNIVERSITY OF QUEENSLAND, 2007); BCOMM (UNIVERSITY OF QUEENSLAND, 2007); GRADUATE DIPLOMA OF LEGAL PRACTICE, SKILLS AND ETHICS (GRIFFITH UNIVERSITY, 2008)

• Draft Anti-Discrimination Bill 2024 (Qld) consultation
  

  The Queensland Government has released a consultation draft of a new Anti-Discrimination Bill 2024 (Qld).

• WHS Update: Directors face imprisonment for safety breaches
  

  In the aftermath of the legislative amendments that followed the multiple fatalities at Dreamworld and Eagle Farm, this article examines the recent landmark case in Queensland in which a director was sentenced to 12 months' imprisonment in relation to a workplace fatality, and sets out the steps that Officers of organisations should be taking to ensure their compliance.

• NSW Parliament passes WHS Amendment Bill 2023
  

  The Bill implements in NSW amendments from Australia's Model WHS Law and makes other changes.

• First national review of model WHS laws released
  

  Our team summarises the key recommendations of the report of the first national review of the model Work Health and Safety laws.

  This report could potentially to significant changes to the model WHS Act including in relation to industrial manslaughter, incident notification relating to psychological risks and right of entry for union officials.

• First industrial manslaughter prosecution commences in Queensland
  

  We analyse the first industrial manslaughter prosecution in Queensland under the Work Health and Safety Act 2011 (Qld). 

• New Queensland Mandatory COVID-19 Vaccination Requirements
  

  The Queensland Government is in the process of implementing mandatory vaccination requirements for workers in Schools, Kindergartens and Childcare Centres.

• Queensland's first industrial manslaughter prosecution sentence against an individual
  

  Queensland's work health and safety prosecutor, Aaron Guilfoyle, has commenced the first industrial manslaughter prosecution against an individual in Queensland.

   

• Significant amendments to the Model WHS Act: What you need to know
  

  Safe Work Australia has announced amendments to the model WHS laws. Below we highlight the key amendments and our recommendations for organisations to take.

• WHS and Other Legislation Amendment Bill 2017 introduced
  

  Changes in the Bill signal a new approach to the way in which WHS will be regulated in Queensland.

• Recent developments in regulating respirable crystalline silica
  

  A range of RCS related developments and proposed measures aim to address cases of RSC exposure and related disease.

• Safe Work Australia seeks input on model WHS incident notification changes
  

  Safe Work Australia's consultation follows its 2021-22 review findings which identified gaps in, and scope to expand, the WHS model framework.

• Incident notification during COVID-19: What employers need to know across Australia
  

  Read more on the important change to OHS laws in Victoria, in connection with COVID-19. We cover the position across Australia.

• WorkSafe charges St Basil's Home for the Aged under the Occupational Health and Safety Act
  

  WorkSafe Victoria has charged St Basil's Home for the Aged (Victoria) with work health and safety breaches in relation to the COVID-19 outbreak at the facility in 2020.

• NSW worker-protection guideline: Regulating mining in an age of automation
  

  The New South Wales Resources Regulator has introduced an autonomous mobile mining plant guideline to assist mine operators to manage risks associated with the technology. Here, we analyse the NSW guideline and compare it to the approach taken in WA. We also discuss a recent Fair Work Commission decision, which provides important learnings for companies that are considering implementing autonomous mining.

  
  
• MEROLA 2020 industrial manslaughter and other safety amendments
  

  Queensland's MEROLA 2020 bill will introduce industrial manslaughter offences into the coal, mining and quarrying, explosives and oil and gas safety regimes in Queensland.

   

• COVID-19: Understanding new restrictions on FIFO mine workers
  

  New restrictions in Queensland will mean that anyone entering Queensland from another state or territory, who is not an exempt person, will need to self-quarantine for 14 days. What does this mean for FIFO mine workers?

• Queensland's first jury conviction for industrial manslaughter
  

  On 25 March 2022, Jeffery Owen became the first person to be found guilty of industrial manslaughter since the offence was introduced in Queensland in 2017. This case is being watched closely by business, boards and executives given there have been limited industrial manslaughter charges in Queensland since its introduction in 2017. 

• Heat stress death results in $65K fine
  

  The issue of heat stress and managing workplace risk with respect to heat stress is an increasing area of interest for safety regulators. A sole trader employer, Bradford Clark Rosten (Rosten), was recently prosecuted for the heat stress related death of a backpacker.

• The NTC revamps the regulation of driver distraction rules
  

  The National Transport Commission (NTC) is undertaking a project aimed at identifying, regulating and mitigating the safety risks arising from driver distraction.

• Learnings from SafeWork NSW v Aceline Plumbing
  

  A recent prosecution of a person conducting a business or undertaking (PCBU) for failing to 'consult, co-operate and co-ordinate' with other duty holders has placed the spotlight on consultation obligations imposed on all duty holders under the harmonised work health and safety laws. These provisions require duty holders to talk to each other and share information about how work can be safely carried out.

• Queensland's first successful prosecution for a failure to consult
  

  Why proactivity is important to discharging the consultation obligations under section 46 of the Work Health and Safety Act.