CQUniversity Unit Profile
OCHS12015 Occupational Health and Safety Law
Occupational Health and Safety Law
All details in this unit profile for OCHS12015 have been officially approved by CQUniversity and represent a learning partnership between the University and you (our student).
The information will not be changed unless absolutely necessary and any change will be clearly indicated by an approved correction included in the profile.
General Information

Overview

This unit is designed to equip the learner with a comprehensive working knowledge of current work health and safety and workers' compensation law. Topics will include how common law and legislation are made, applied and interpreted, liability under the common law contract of employment, the common law duty of care and negligence and statutory developments regarding prevention and compensation.

Details

Career Level: Undergraduate
Unit Level: Level 2
Credit Points: 6
Student Contribution Band: 8
Fraction of Full-Time Student Load: 0.125

Pre-requisites or Co-requisites

There are no requisites for this unit.

Important note: Students enrolled in a subsequent unit who failed their pre-requisite unit, should drop the subsequent unit before the census date or within 10 working days of Fail grade notification. Students who do not drop the unit in this timeframe cannot later drop the unit without academic and financial liability. See details in the Assessment Policy and Procedure (Higher Education Coursework).

Offerings For Term 2 - 2021

Online

Attendance Requirements

All on-campus students are expected to attend scheduled classes – in some units, these classes are identified as a mandatory (pass/fail) component and attendance is compulsory. International students, on a student visa, must maintain a full time study load and meet both attendance and academic progress requirements in each study period (satisfactory attendance for International students is defined as maintaining at least an 80% attendance record).

Class and Assessment Overview

Recommended Student Time Commitment

Each 6-credit Undergraduate unit at CQUniversity requires an overall time commitment of an average of 12.5 hours of study per week, making a total of 150 hours for the unit.

Class Timetable

Bundaberg, Cairns, Emerald, Gladstone, Mackay, Rockhampton, Townsville
Adelaide, Brisbane, Melbourne, Perth, Sydney

Assessment Overview

1. Written Assessment
Weighting: 20%
2. Written Assessment
Weighting: 30%
3. Written Assessment
Weighting: 50%

Assessment Grading

This is a graded unit: your overall grade will be calculated from the marks or grades for each assessment task, based on the relative weightings shown in the table above. You must obtain an overall mark for the unit of at least 50%, or an overall grade of ‘pass’ in order to pass the unit. If any ‘pass/fail’ tasks are shown in the table above they must also be completed successfully (‘pass’ grade). You must also meet any minimum mark requirements specified for a particular assessment task, as detailed in the ‘assessment task’ section (note that in some instances, the minimum mark for a task may be greater than 50%). Consult the University’s Grades and Results Policy for more details of interim results and final grades.

Previous Student Feedback

Feedback, Recommendations and Responses

Every unit is reviewed for enhancement each year. At the most recent review, the following staff and student feedback items were identified and recommendations were made.

Feedback from Have Your Say

Feedback

Tutorials are needed in this subject

Recommendation

Tutorials will be included from the next offering.

Unit Learning Outcomes
On successful completion of this unit, you will be able to:
  1. Describe the current work health and safety and workers' compensation legal frameworks in Australia.
  2. Apply relevant principles in order to determine workers' compensation entitlements.
  3. Adopt a legal fault tree approach to the chain of incident causation in order to construct an accident analysis from a legal perspective.
  4. Apply common law and statutory work health and safety provisions to determine liability.
  5. Identify appropriate responses to the enforcement mechanisms contained in work health and safety legislation.
Alignment of Learning Outcomes, Assessment and Graduate Attributes
N/A Level
Introductory Level
Intermediate Level
Graduate Level
Professional Level
Advanced Level

Alignment of Assessment Tasks to Learning Outcomes

Assessment Tasks Learning Outcomes
1 2 3 4 5
1 - Written Assessment - 20%
2 - Written Assessment - 30%
3 - Written Assessment - 50%

Alignment of Graduate Attributes to Learning Outcomes

Graduate Attributes Learning Outcomes
1 2 3 4 5
1 - Communication
2 - Problem Solving
3 - Critical Thinking
4 - Information Literacy
5 - Team Work
6 - Information Technology Competence
7 - Cross Cultural Competence
8 - Ethical practice
9 - Social Innovation

Alignment of Assessment Tasks to Graduate Attributes

Assessment Tasks Graduate Attributes
1 2 3 4 5 6 7 8 9
1 - Written Assessment - 20%
2 - Written Assessment - 30%
3 - Written Assessment - 50%
Textbooks and Resources

Textbooks

There are no required textbooks.

IT Resources

You will need access to the following IT resources:
  • CQUniversity Student Email
  • Internet
  • Unit Website (Moodle)
Referencing Style

All submissions for this unit must use the referencing style: Harvard (author-date)

For further information, see the Assessment Tasks.

Teaching Contacts
Aldo Raineri Unit Coordinator
a.raineri@cqu.edu.au
Schedule
Week 1 Begin Date: 12 Jul 2021

Module/Topic

Introduction to law

Chapter

Foster, Chapter 1

& prescribed readings

Events and Submissions/Topic

Weekly Zoom lecture

Week 2 Begin Date: 19 Jul 2021

Module/Topic

Common law

Chapter

Foster, Chapter 1

Events and Submissions/Topic

Weekly Zoom lecture

Week 3 Begin Date: 26 Jul 2021

Module/Topic

Statute law

Chapter

Foster, Chapter 2

Events and Submissions/Topic

Weekly Zoom lecture

Week 4 Begin Date: 02 Aug 2021

Module/Topic

OHS as a component of the contract of employment

Chapter

Foster, Chapter 3

Events and Submissions/Topic

Weekly Zoom lecture

Week 5 Begin Date: 09 Aug 2021

Module/Topic

Compensation and the common law - negligence

Chapter

Foster, Chapters 4 & 5

Events and Submissions/Topic

Weekly Zoom lecture

Vacation Week Begin Date: 16 Aug 2021

Module/Topic

Chapter

Events and Submissions/Topic

Legal case analysis Due: Vacation Week Monday (16 Aug 2021) 10:00 am AEST
Week 6 Begin Date: 23 Aug 2021

Module/Topic

Compensation under statute law

Chapter

Foster, Chapter 11

Events and Submissions/Topic

Weekly Zoom lecture

Week 7 Begin Date: 30 Aug 2021

Module/Topic

Introduction to work health and safety under statute law

Chapter

Foster, Chapter 7

& prescribed readings

Events and Submissions/Topic

Weekly Zoom lecture

Week 8 Begin Date: 06 Sep 2021

Module/Topic

The primary duty of care under the Work Health and Safety Act 2011

Chapter

Foster, Chapter 7

& prescribed readings

Events and Submissions/Topic

Weekly Zoom lecture

Week 9 Begin Date: 13 Sep 2021

Module/Topic

The primary duty of care (contd)

Chapter

Foster, Chapter 9 (pp.413-420), Chapter 10 (pp.447-454)

Events and Submissions/Topic

Weekly Zoom lecture


Legal analysis of potentially compensable injury Due: Week 9 Monday (13 Sep 2021) 10:00 am AEST
Week 10 Begin Date: 20 Sep 2021

Module/Topic

Other statutory duties of care under the Work Health and Safety Act 2011 - corporate officers, workers & others

Chapter

Foster, Chapter 8

& prescribed readings

Events and Submissions/Topic

Weekly Zoom lecture

Week 11 Begin Date: 27 Sep 2021

Module/Topic

Consultation

Chapter

Prescribed readings

Events and Submissions/Topic

Weekly Zoom lecture

Week 12 Begin Date: 04 Oct 2021

Module/Topic

Enforcement

Chapter

Foster, Chapter 9 (pp.420-437)

Events and Submissions/Topic

Weekly Zoom lecture

Review/Exam Week Begin Date: 11 Oct 2021

Module/Topic

Chapter

Events and Submissions/Topic

Legal analysis of workplace incident Due: Review/Exam Week Monday (11 Oct 2021) 10:00 am AEST
Exam Week Begin Date: 18 Oct 2021

Module/Topic

Chapter

Events and Submissions/Topic

Term Specific Information

While no textbook has been prescribed for this unit, the following provides an extremely useful reference text:

N. Foster Workplace Health and Safety Law in Australia, 2nd edition (2016)

Lexis Nexis, Australia

Assessment Tasks

1 Written Assessment

Assessment Title
Legal case analysis

Task Description

Read the case provided on the unit Moodle site and answer the questions relating to it, with reference to the material in weeks 1 - 3 of the unit.

Format is short answer style; it is not an essay or report. Submissions should be in Word or PDF format only. Referencing of external sources is not required in this assessment.

(800 - 1 000 words)


Assessment Due Date

Vacation Week Monday (16 Aug 2021) 10:00 am AEST


Return Date to Students

Week 6 Friday (27 Aug 2021)


Weighting
20%

Assessment Criteria

Your submission will be graded according to the following criteria:

Relevance (30%)

  • Depth of understanding in formulating responses to the assigned task
  • Alignment of responses to the assigned task
  • Connections between discussion and evidence

Validity (40%)

  • Depth and extent of discussion i.e., understanding of concepts and evidence
  • Accuracy and originality of the discussion
  • Judgment and reasoning i.e., assertions made based on level of critical thought, analysis and synthesis
  • Depth and extent of evidence used

Organisation (20%)

  • Consideration of required components of the assigned task
  • Structure and flow of information
  • Coherence and clarity of expression (spelling, grammar, syntax)

Presentation (10%)

  • Style and formatting in accordance with required academic standards
  • Typographical matters
  • Length



Referencing Style

Submission
Online

Learning Outcomes Assessed
  • Describe the current work health and safety and workers' compensation legal frameworks in Australia.
  • Adopt a legal fault tree approach to the chain of incident causation in order to construct an accident analysis from a legal perspective.


Graduate Attributes
  • Communication
  • Problem Solving
  • Critical Thinking
  • Information Literacy
  • Information Technology Competence

2 Written Assessment

Assessment Title
Legal analysis of potentially compensable injury

Task Description

A scenario is provided on the unit Moodle site.

In the context of the material covered in weeks 4 - 6 of the unit, analyse the case and determine whether the injured person(s) has/have a claim for compensation and, if so, on what basis. 

Submit your answer as an essay, in Word format only. Inclusion of external sources should be referenced appropriately.

(1 500 - 2 000 words)


Assessment Due Date

Week 9 Monday (13 Sep 2021) 10:00 am AEST


Return Date to Students

Week 10 Friday (24 Sep 2021)


Weighting
30%

Assessment Criteria

Your submission will be graded according to the following criteria:

Relevance (30%)

  • Depth of understanding in formulating responses to the assigned task
  • Alignment of responses to the assigned task
  • Connections between discussion and evidence

Validity (40%)

  • Depth and extent of discussion i.e., understanding of concepts and evidence
  • Accuracy and originality of the discussion
  • Judgment and reasoning i.e., assertions made based on level of critical thought, analysis and synthesis
  • Depth and extent of evidence used

Organisation (20%)

  • Consideration of required components of the assigned task
  • Structure and flow of information
  • Coherence and clarity of expression (spelling, grammar, syntax)

Presentation (10%)

  • Style and formatting in accordance with required academic standards
  • Typographical matters
  • Referencing protocols
  • Length


Referencing Style

Submission
Online

Learning Outcomes Assessed
  • Describe the current work health and safety and workers' compensation legal frameworks in Australia.
  • Apply relevant principles in order to determine workers' compensation entitlements.
  • Adopt a legal fault tree approach to the chain of incident causation in order to construct an accident analysis from a legal perspective.
  • Apply common law and statutory work health and safety provisions to determine liability.


Graduate Attributes
  • Communication
  • Problem Solving
  • Critical Thinking
  • Information Literacy
  • Information Technology Competence
  • Cross Cultural Competence
  • Ethical practice

3 Written Assessment

Assessment Title
Legal analysis of workplace incident

Task Description

Read the scenario provided on the unit Moodle site.

With reference to the material presented in weeks 7 - 12, you are required to determine whether any of the provisions of the Work Health and Safety Act 2011 (or comparable legislation in Victoria or Western Australia) have been breached?


Explain your answer with reference to the various duty holders involved and specific provisions of the Act, Regulation, relevant Codes of Practice and any other relevant guidance material.

(2 500 - 3 000 words)

Submit your answer as an essay, in Word format only. Inclusion of external sources should be referenced appropriately.


Assessment Due Date

Review/Exam Week Monday (11 Oct 2021) 10:00 am AEST


Return Date to Students

Following certification of grades.


Weighting
50%

Minimum mark or grade
You must achieve a minimum grade of 50% for this item and an overall grade of at least 50% to be eligible to pass the unit.

Assessment Criteria

Your submission will be graded according to the following criteria:

Relevance (30%)

  • Depth of understanding in formulating responses to the assigned task
  • Alignment of responses to the assigned task
  • Connections between discussion and evidence

Validity (40%)

  • Depth and extent of discussion i.e., understanding of concepts and evidence
  • Accuracy and originality of the discussion
  • Judgment and reasoning i.e., assertions made based on level of critical thought, analysis and synthesis
  • Depth and extent of evidence used

Organisation (20%)

  • Consideration of required components of the assigned task
  • Structure and flow of information
  • Coherence and clarity of expression (spelling, grammar, syntax)

Presentation (10%)

  • Style and formatting in accordance with required academic standards
  • Typographical matters
  • Referencing protocols
  • Length


Referencing Style

Submission
Online

Learning Outcomes Assessed
  • Describe the current work health and safety and workers' compensation legal frameworks in Australia.
  • Apply relevant principles in order to determine workers' compensation entitlements.
  • Adopt a legal fault tree approach to the chain of incident causation in order to construct an accident analysis from a legal perspective.
  • Apply common law and statutory work health and safety provisions to determine liability.
  • Identify appropriate responses to the enforcement mechanisms contained in work health and safety legislation.


Graduate Attributes
  • Communication
  • Problem Solving
  • Critical Thinking
  • Information Literacy
  • Information Technology Competence
  • Cross Cultural Competence
  • Ethical practice

Academic Integrity Statement

As a CQUniversity student you are expected to act honestly in all aspects of your academic work.

Any assessable work undertaken or submitted for review or assessment must be your own work. Assessable work is any type of work you do to meet the assessment requirements in the unit, including draft work submitted for review and feedback and final work to be assessed.

When you use the ideas, words or data of others in your assessment, you must thoroughly and clearly acknowledge the source of this information by using the correct referencing style for your unit. Using others’ work without proper acknowledgement may be considered a form of intellectual dishonesty.

Participating honestly, respectfully, responsibly, and fairly in your university study ensures the CQUniversity qualification you earn will be valued as a true indication of your individual academic achievement and will continue to receive the respect and recognition it deserves.

As a student, you are responsible for reading and following CQUniversity’s policies, including the Student Academic Integrity Policy and Procedure. This policy sets out CQUniversity’s expectations of you to act with integrity, examples of academic integrity breaches to avoid, the processes used to address alleged breaches of academic integrity, and potential penalties.

What is a breach of academic integrity?

A breach of academic integrity includes but is not limited to plagiarism, self-plagiarism, collusion, cheating, contract cheating, and academic misconduct. The Student Academic Integrity Policy and Procedure defines what these terms mean and gives examples.

Why is academic integrity important?

A breach of academic integrity may result in one or more penalties, including suspension or even expulsion from the University. It can also have negative implications for student visas and future enrolment at CQUniversity or elsewhere. Students who engage in contract cheating also risk being blackmailed by contract cheating services.

Where can I get assistance?

For academic advice and guidance, the Academic Learning Centre (ALC) can support you in becoming confident in completing assessments with integrity and of high standard.

What can you do to act with integrity?