A responsive sanction to promote systematic compliance? Enforceable undertakings in occupational health and safety regulation

Johnstone, Richard & King, Michelle (2008) A responsive sanction to promote systematic compliance? Enforceable undertakings in occupational health and safety regulation. Australian Journal of Labour Law, 21, pp. 280-315.

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Abstract

This article examines the use of enforceable undertakings in Australian occupational health and safety (OHS) regulation. Enforceable undertakings are promises by persons alleged to have breached their regulatory obligations to do something, which if not done, is enforceable in court. Enforceable undertakings potentially have an important responsive and restorative role to play in a regulatory enforcement strategy to ensure compliance with OHS statutes, and have been used in other areas of business regulation, including trade practices, financial, prudential, consumer, civil aviation, environmental and communications and media regulation. The article then reports on a study of the operation of enforceable undertakings in Queensland to enforce compliance with OHS obligations. We conclude that this early experience of enforceable undertakings in Queensland provides useful guidance as to how the enforceable undertaking provisions might best be implemented elsewhere, and preliminary evidence of the complexities of their likely effectiveness in OHS regulation.

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ID Code: 78221
Item Type: Journal Article
Refereed: Yes
Additional URLs:
ISSN: 1030-7222
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Research Centres > Australian Centre for Health Law Research
Current > Schools > School of Law
Copyright Owner: Copyright 2008 LexisNexis
Deposited On: 12 Nov 2014 02:30
Last Modified: 12 Feb 2015 04:03

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