From Lismore to Thirroul, Gundagai to Kogarah, more than 16 local government areas across NSW will benefit from new funding for conservation work to their local war memorials.
More than $125,000 will be invested in the protection and repair of local war memorials, under the Community War Memorials Fund 2021/22, which commemorate the sacrifice of service men and women.
Minister for Transport and Veterans David Elliott today announced the successful projects for the latest round of the community grants which support the conservation, repair and protection of local memorials.
“This Anzac Day, people across NSW will gather to pay respect and honour our diggers so it is vitally important we also protect our local war memorials so that young people understand the sacrifices made during the war,” Mr Elliott said.
“A total of $125,160 was awarded in this round, with grants ranging from $3,000 to $10,000 so all communities should review the status of their local war memorials and apply for funding if any restoration work is needed.”
The recent grants will support a variety of conservation projects including: an arborist assessment of Newman Park Great War Memorial Avenue of Honour in Orange; repairs to the Corowa First and Second World Wars Memorial Clock; and the restoration of the St Andrew’s Anglican Church War Memorial Gates in Lismore.
Lismore Parish representative Dr Ross Lehman said the funding had come at an important time as they were working to engage more with the community to encourage people to take the time to remember the service and sacrifice of our veterans.
“We are very thankful to be the recipients of the NSW Government grants. Importantly we are looking forward to relocating the Honour Roll and Plaque to honour the veterans from the First World War.” Dr Lehman said.
Mr Elliott also called for applications for the latest round of the Community War Memorials Fund. “I encourage all communities who believe their local memorials needs repair or restoration to apply”.
The next round of the Community War Memorials Fund opens on Anzac Day and closes at 5pm on Monday 25 July 2022.
To be eligible for funding, the memorial must be listed on the NSW War Memorials Register. A list of recipients, program information and the application form is available here
Category: NSW News
News Happening in NSW
Red tape cut to mobilise interstate tradies
Working in NSW is about to become easier for interstate tradespeople, with the Government rolling out the welcome mat to ease construction industry labour shortages.
From 1 July, NSW will recognise a range of interstate building and construction qualifications and registrations, with certain tradespeople no longer needing to apply for a NSW licence, or pay additional registration or renewal fees.
Treasurer Matt Kean said more electricians, plumbers, and building workers coming to NSW would help the Government accelerate the repairs of homes, businesses, and schools damaged by the recent floods.
“We’re making it easier and cheaper for interstate sparkies, chippies, plumbers, and brickies to come to NSW and help with the flood recovery effort,” Mr Kean said.
“We’re cutting red tape to ensure that if you are an eligible qualified and registered tradie from any participating state, you can work in NSW. This means interstate tradies can now come and work in the Northern Rivers regions to help through the recovery phase.”
The changes follow extensive public consultation and form part of a national move to make it easier for tradespeople to work across borders under the Automatic Mutual Recognition (AMR) scheme.
Mr Kean said it’s expected these changes will allow a more timely response to any future natural disasters.
“Our preference is always for local businesses to fill these jobs first. But improving the mobility of skilled workers across borders is particularly important in building the infrastructure we need to recover from the floods and build resilience to future natural disasters,” Mr Kean said.
“This scheme will deliver an estimated $2.4 billion increase in economic activity over ten years from savings to workers and businesses, productivity gains, and quicker responses to future natural disasters.”
Minister for Small Business and Minister for Fair Trading Eleni Petinos said the NSW Government had worked closely with industry to ensure proper protections for tradies and their customers are in place.
“Industry stakeholders were engaged to ensure that participating interstate tradies meet the necessary qualification standards,” Ms Petinos said.
“We’ve erred on the side of caution when deciding which licenses would be included to maintain the highest standards for consumers in NSW.
“Recognising interstate registration reduces administration costs faced by tradespeople – many of whom are small business owners – who want to grow their businesses and move to where the work is.
“This will boost competition, which can deliver lower prices, greater choice, and improved service quality for consumers.”
NSW, Victoria, South Australia, Tasmania, the Northern Territory, and the Australian Capital Territory are participating in the Automatic Mutual Recognition Scheme. Western Australia will join the scheme on 1 July 2022.
More information on AMR can be found here: Making it easier for registered professionals to work interstate | NSW Government
Vouchers break redemption records over Easter
The people of NSW have embraced the NSW Government’s voucher programs over the Easter long weekend with more than $25 million injected into businesses across the State during the four-day break.
Premier Dominic Perrottet said it was tremendous to see the crowds out and about enjoying the voucher programs, just one of over 70 ways to save offered by the NSW Government.
“It’s heartening to see so many people taking advantage of the long weekend to shake off the shackles of the pandemic and spending their vouchers with those businesses needing it most,” Mr Perrottet said.
“We have saved families around $5.8 billion since 2017 through our Savings Finder, and this is another way the NSW Government is helping you get a boost for your budget.
“With more 266,000 vouchers redeemed over the Easter long weekend, the Dine & Discover NSW program enjoyed its biggest uptake since Christmas providing a $12.3 million boost to the economy and Stay NSW also set a redemption record with people enjoying the sights of this beautiful State to the tune of $10.3 million.
“With the Anzac day long weekend coming up and more than $550 million in vouchers sitting in digital wallets ready to be spent, we want people to get out again and take advantage.”
Around a quarter of the long-weekend’s redemptions were in the City of Sydney followed by Wollongong, the Central Coast, Newcastle and then the regions.
The uptake of Parents NSW vouchers set a new redemption record with 32,558 used on Good Friday alone, making it the single biggest day in the history of the program since launching in February.
Minister for Customer Service and Digital Government Victor Dominello said the people of NSW had embraced the nation-leading digital delivery of the vouchers.
“Over the holiday weekend, more than 117,000 Parents NSW Vouchers were spent, totalling $5.8 million in voucher redemptions,” Mr Dominello said.
“This is about getting money to where it’s needed without people or businesses having to wade through red tape and allowing everyone to enjoy a great long weekend.
“With an average customer spend of $96 for every $50 voucher, Parents NSW is providing the perfect stimulus for registered Discover NSW and Stay NSW businesses, injecting more than $10.3 million into the economy over Easter.”
If people don’t have the Service NSW app, please visit a NSW Service Centre or call 13 77 88 and it will all be organised for you.
With more than 70 ways to save, customers can explore the full range of options available through Savings Finder, which include the voucher programs, by visiting www.service.nsw.gov.au/campaign/savings-finder
Millions of free Rapid Antigen Tests for vulnerable groups
The NSW Government will provide millions of free Rapid Antigen Tests (RATs) to vulnerable cohorts, including people with disability, children and young people in out-of-home care, vulnerable multicultural communities and Aboriginal communities to support early identification and treatment for COVID-19.
Minister for Families and Communities and Minister for Disability Services Natasha Maclaren-Jones said up to 7.9 million RATs will be available to ensure protection for some of the most vulnerable in our community.
“We want to ensure that rapid antigen tests are easily accessible to those who need it most, to keep them safe against COVID-19 through the coming winter period,” Mrs Maclaren-Jones said.
“Given the higher risks for some cohorts, including people with disability if they contract COVID-19, ensuring early diagnosis and treatment is vital.”
The free RATs are now being progressively rolled out at locations across the state.
Those who are eligible will be able to access tests through their disability service provider or directly through statewide neighbourhood centres funded by the Department of Communities and Justice (DCJ).
Vulnerable people who test positive for COVID-19 on a RAT are reminded to confirm the result with a PCR test to enable timely access to anti-viral medications and medical support, should it be required.
The program will initially run for four months, with a review to determine whether it should be extended toward the end of winter.
Physical Disability Council of NSW CEO Serena Ovens said people with disability, their support workers, carers, and family deserved access to free RATs to ensure they were not being forgotten.
“We need to protect those who are among the most at risk from COVID-19, particularly as we enter the winter months to ensure that people with a disability can safely get back to doing what they love,” Ms Ovens said.
National Disability Services Senior Manager State & Territory Operations Karen Stace said they welcomed the much needed distribution of free RATs for people with disability.
“It is great to see the Government making it a priority to protect some of the most vulnerable in our community by allowing people with disability to access as many RATs as they need, particularly as we head into the winter months,” Ms Stace said.
‘Back Home’ flood grant now open
Flood-affected homeowners, renters and landlords can now apply for ‘Back Home’ grant payments to help replace appliances, reconnect utilities and carry out structural repairs to make their homes safe and habitable again.
Deputy Premier and Minister for Regional NSW Paul Toole said the $112 million package, co-funded by the NSW and Commonwealth Governments, would provide one-off payments of $20,000 for owner-occupiers, $15,000 for landlords, and $5000 for renters across the Hawkesbury, Ballina, Byron, Clarence Valley, Kyogle, Lismore, Richmond Valley and Tweed Local Government Areas.
“Housing continues to be one of our most pressing priorities in flood-affected communities, especially across the Northern Rivers, and this package helps support their rebuild and recovery,” Mr Toole said.
“We want to see people safely back in their homes. This grant provides payments to help people make critical repairs like fixing roofs, reconnecting utilities or replacing furniture and whitegoods.”
Minister for Customer Service and Digital Government Victor Dominello said more than 10,000 homes had been assessed as damaged, with more than 4,000 assessed as uninhabitable across the State.
“Anyone who has registered already will receive an alert that the system is now taking formal application. More than 5,900 residents have already registered their interest in the ‘Back Home’ grant and Service NSW will be reaching out to them in the coming days to ensure this support is delivered as quickly as possible. Impacted households can apply on the Service NSW website or via the app, with support also available on 13 77 88,” Mr Dominello said.
Minister for Emergency Services and Resilience and Minister for Flood Recovery Steph Cooke said the ‘Back Home’ grant is one of the many ways the NSW Government is helping flood-affected communities rebuild.
“This support will help people get back to their homes as quickly as possible as they work to recover from these devastating floods,” Ms Cooke said.
“The ‘Back Home’ grant is also open to those with damaged households in suburbs that adjoin the hardest hit council areas.
“We are working hard to ensure these grants make it into the hands of those who need it most, regardless of where they live.”
The funds can go towards any clean-up costs to restore housing to a habitable condition, including:
- Inspection and safe reconnection of utilities, such as electrical, gas, water, hot water and sewerage equipment not otherwise the responsibility of utility companies;
- Necessary replacement or repairs to damaged essential household goods such as refrigerators, ovens, washing machines and microwaves;
- Necessary replacement or repairs to damaged equipment such as computers and tools;
- Replacing other essential household contents;
- Moving to a new property; and
- Necessary structural repairs including roof, flooring, walls and fitting replacement (owners).
In addition to the 8 hardest hit LGAs, the ‘Back Home’ grant can be accessed by owners and renters with households in the following adjoining areas:
- Agnes Banks
- Barcoongere
- Berambing
- Bilpin
- Bucketty
- Cattai
- Coombadjha (2460)
- Dirty Creek
- Halfway Creek
- Hernani
- Leets Vale
- Lower Portland
- Maraylya
- Newton Boyd
- Putty
- Sherwood
- Tabulam
- Ten Mile Hollow
- The Gulf
- Upper Corindi (2456)
- Urbenville
- Vineyard
- Wisemans Ferry
- Woodenbong
Low-income earners who are successful in their application for the Disaster Relief Grant (DRG) are unable to apply for the Back Home grant. However, anyone who doesn’t qualify for the DRG can apply for the Back Home.
For more information on the ‘Back Home’ grant and to apply, please visit https://www.service.nsw.gov.au/transaction/apply-flood-recovery-back-home-grant
New 14-storey tower at Nepean Hospital
Western Sydney communities will benefit from a new neonatal intensive care unit, expanded emergency department and 200-plus inpatient beds under the $1 billion Nepean Hospital redevelopment, with construction of the first hospital tower now complete.
Premier Dominic Perrottet, Minister for Health Brad Hazzard, Member for Penrith and Minister for Western Sydney Stuart Ayres today toured the new 14-storey clinical services building, now Penrith’s tallest landmark, which will open in stages from mid-2022.
“This major redevelopment of Nepean Hospital will transform services in Western Sydney and the Blue Mountains providing the best healthcare in the nation for our people now and into the future,” Mr Perrottet said.
“Our record investments in our health system also ensure our frontline workers have access to world class facilities and services to provide that care.”
Mr Hazzard said the 100 metre high tower is one of the tallest hospital buildings in Australia and includes an expanded emergency department, 18 birthing suites, a neo-natal intensive care unit, 17 new operating theatres, more than 200 additional beds and a helipad.
“The NSW Government is delivering a major expansion and upgrade of health services at Nepean Hospital to meet the healthcare needs of the Western Sydney and Blue Mountains communities for decades to come,” Mr Hazzard said.
“This Nepean Hospital redevelopment is one of more than 170 health capital works projects the NSW Government has delivered since 2011, with a further 110 projects underway.”
With construction of the clinical services building under Stage 1 of the redevelopment now complete, operational commissioning is underway before the building opens to patients and staff.
Mr Ayres said the Nepean Hospital redevelopment was a massive boost for the greater Penrith community. It would significantly improve the healthcare environment for patients, carers and the highly regarded medical and support staff.
“This once in a generation investment in our local hospital will not only deliver enhanced health services today but will also provide the capacity to grow as our community grows,” Mr Ayres said.
“Beyond the substantial healthcare benefits it’s also been a huge win for our local economy. More than 3,700 contractors and subcontractors worked on Stage 1 of the Nepean redevelopment during its construction phase, with almost three quarters of the on-site workforce from Western Sydney.
“We expect thousands more jobs will be on offer during construction of the $450 million Stage 2 development, which is set to begin this year.”
Nepean Redevelopment Stage 2 will include a new adult intensive care unit, in-centre renal dialysis unit, medical imaging and nuclear medicine services, cardiology services, more beds, community health services and a front of house for the hospital.
As part of the NSW Government’s Stage 2 fast-track funding announcement in October 2020, cardiology services and an additional in-patient floor have been incorporated into the Stage 1 tower and will also be opening this year.
Watch the artist’s impression fly-through video of Stages 1 and 2 of the Nepean Redevelopment.
The project is part of the NSW Government’s record $10.8 billion investment in health infrastructure over the coming four years.
NSW Update on COVID settings
The NSW Government today announced close contacts of a confirmed COVID-19 case will not be required to isolate, provided they comply with NSW Health guidelines.
There are no changes for positive cases: the seven-day isolation requirement remains in place for anyone who has recorded a positive RAT or PCR result.
From 6pm on Friday 22 April, close contacts (defined as a household contact or an individual deemed by NSW Health to be a close contact) will not have to isolate, as long as they have no symptoms and comply with the following guidelines:
- Do not visit aged care, hospitals, disability, and correctional facilities unless a special exemption applies;
- Wear a face mask in indoor settings outside the home;
- Undertake daily RAT tests before coming into close contact with people outside their household, where practicable;
- Avoid contact with elderly and immunocompromised persons where possible;
- Work from home where practical;
- Notify their employer/educational facility that they are a close contact, and that they are not required to isolate as long as they comply with the above.
Close contacts will need to comply with the above guidelines for 7 days from the time a person in their household tested positive for COVID-19.
Public health orders requiring key workforces to be vaccinated will be lifted, with vaccine requirements to be based on risk assessments under occupational work health and safety, in line with other jurisdictions. Orders requiring aged care and disability workers to be vaccinated will remain in force.
Consultation will take place with relevant stakeholders with details to be finalised in coming weeks.
These changes will mean the critical worker exemptions from isolation rules will no longer be required. However, close contacts will still need to comply with any COVID-19 safety measures that have been put in place in their workplace by employers.
From 30 April 2022, unvaccinated international returning travellers will not be required to undertake hotel quarantine. The current requirements for fully vaccinated travellers, including taking a Rapid Antigen Test within 24 hours of arrival and complying with the NSW Health guidelines, will be extended to unvaccinated travellers.
Public transport capacity caps will also be lifted with the requirement to wear masks on public transport, planes, and indoors at airports and cruise terminals to remain in place.
NSW Premier Dominic Perrottet said the lifting of isolation rules for close contacts were common sense changes that would allow us to continue to move forward out of the pandemic.
“These isolation rules have been necessary but thanks to our strong vaccination rates, we can make the changes announced today,” Mr Perrottet said.
“This will provide immediate relief for so many workforces and businesses who have been hit hard by labour shortages as people are forced to isolate because they are a household contact.
“As the pandemic has evolved so has our response and this is another example where we have been able to make necessary changes safely and in a measured way.”
Health Minister Brad Hazzard said individuals still needed to exercise caution to protect vulnerable members of the community.
“We are still in a pandemic and the basic rules of hand hygiene, wearing a mask when you cannot socially distance and staying at home if you have symptoms still apply,” Mr Hazzard said.
“Most importantly if you still have symptoms you should not visit an aged care facility, hospital or an elderly relative.”
In line with these changes the NSW Government is also working with health officials to finalise school settings before Term 2 begins, and further information in this regard will be released in the coming days.
In preparation for winter, the NSW Government will also continue to ensure Rapid Antigen Tests (RATs) are available to help protect vulnerable cohorts, including people with a disability, children, and young people in out-of-home care, vulnerable CALD communities and Aboriginal communities.
These RATs will be distributed to individuals and relevant service providers through the Department of Communities and Justice’s Stronger Communities agencies.
People aged 16 years and older can receive their booster dose at three months after receiving their second dose of any of the COVID-19 vaccines. You can book your COVID-19 vaccine or your booster shot, via https://www.nsw.gov.au/covid-19/vaccination/get-vaccinated.
More information is available at nsw.gov.au.
Retail Supply Chain Alliance to renew MoU in Cairns
Australian horticulture industry workers will be the big winners when Retail Supply Chain Alliance members meet in Cairns tomorrow to renew the Ethical Retail Supply Chain Accord.
Formed in 2019 the Retail Supply Chain Alliance is a partnership between the Transport Workers’ Union (TWU); Australian Workers’ Union (AWU); and the Shop, Distributive and Allied Employees Association (SDA).
TWU National Secretary Michael Kaine noted that: “All parties to the Accord are committed to ending all forms of worker exploitation in the retail supply chain, from farms to consumers’ front gates, and every step in between.”
AWU National Secretary Daniel Walton said: “Safeguarding human rights in the Australian horticulture industry is a critical responsibility for participants at all levels of the supply chain. This is a growing industry, with workers on our farms coming from around the world. Consumers want ethically sourced produce, and farm workers want a fair day’s pay for a fair day’s work.”
SDA National Secretary Gerard Dwyer said: “Retail Supply Chain Alliance members are committed to the goal of a safe, sustainable, ethical, and fair retail supply chain in which no worker regardless of their employment status, citizenship or visa status needs to fear exploitation, wage theft, bullying, sexual harassment, unsafe work, or modern slavery.”
All parties also recognise that by working together across the horticulture supply chain they can better protect the rights and conditions of workers in the industry.
Coles Chief Legal and Safety Officer, David Brewster said: “As a socially responsible corporate entity, Coles recognises that a safe, sustainable, ethical, and fair retail supply chain cannot be assured in the long term without the active participation of the people who work in them.”
The signing will coincide with a Fair Go for Farm Workers Community Forum being held in Mareeba on Friday, April 22, from 5:30pm.
The forum is a chance for workers, the community and industry leaders to meet and discuss how unions, farmers, and supermarkets can achieve safe workplaces with fair wages and conditions for all farm workers in the Atherton Tablelands.
All farm workers, including seasonal workers, Pacific Labour Scheme workers, visa holders, and backpackers are welcome.
The forum will be held at Mareeba Sports Hall, 183 Walsh Street, Mareeba. It is free to attend, and there will be free food and drinks
Nine-month sanction imposed on NSW roofing company for apprentice death
The Attorney-General and Minister for Industrial Relations Michaelia Cash has imposed a nine-month sanction against New South Wales company Landmark Roofing Pty Ltd (ACN 108 495 923) after the company was found to have failed to comply with WHS laws, leading to the tragic death of an apprentice roof plumber.
The sanction means the company will be unable to tender for Commonwealth Government funded work for the duration of the sanction, which will run from 2 May 2022 to 1 February 2023.
Background Facts
In early 2018 Landmark Roofing was engaged to replace fire-damaged roofing at a Mayfield West (NSW) recycling centre.
On 8 March 2018, the first-year apprentice and his supervisor were on the roof of the building replacing a section of damaged polycarbonate skylight when the apprentice roof plumber fell around six metres through the skylight. He sustained serious injuries, from which he later died in hospital.
Both the apprentice roof plumber and his supervisor were wearing safety harnesses, however, neither of the harnesses were connected to an anchor point.
District Court decision
Landmark Roofing was the respondent to a prosecution brought by Worksafe New South Wales in the District Court of New South Wales.
On 15 May 2020, the District Court found the company:
· had a duty under section 19(1) of the Work Health and Safety Act 2011 (NSW) (WHS Act) to ensure, so far as is reasonably practicable, the health and safety of its workers while at work; and
· it had failed to comply with this duty, exposing [the apprentice] and [his supervisor] to a risk of death or serious injury contrary to section 32 of the WHS Act.
A conviction was recorded, and the company was ordered to pay a fine of $400,000 plus the prosecution’s costs.
The sentencing remarks of District Court Judge Russell SC state as follows:
Objective Seriousness of the Offence
My findings about the offender’s level of culpability are based upon the following:
(1) The risk of a fall from height was obvious and was known to Landmark. The risk created by working near old brittle polycarbonate material was well-known to Landmark.
(2) The risk was likely to occur. [name of apprentice] was an inexperienced apprentice who was working a considerable distance above the ground without being harnessed to the existing static line.
(3) The potential consequences of the risk were grave, including serious injury or death.
(4) There were available steps which could have eliminated or minimised the risk. There was an existing static line on the ridge of the roof. Both men on the roof were wearing harnesses. There were two ropes available to attach the harnesses to the static line. For unexplained reasons, one of those ropes was left in the utility at ground level.
(5) There was no cost or inconvenience in the two workers being roped onto the static line.
(6) The death of [name of apprentice] was a direct consequence of Landmark’s breach of duty.
(7) The maximum penalty for the offence is a fine of $1,500,000, which reflects the legislature’s view of the seriousness of the offence.
I find that Landmark’s level of culpability is in the high end of the mid range.
Deterrence
The penalty imposed in relation to this offence must provide for general deterrence.
Employers must take the obligations imposed by the Act very seriously. The community is entitled to expect that both small and large employers will comply with safety requirements.
General deterrence is a significant factor when safety obligations are breached. … This is particularly so when the offence involves a fall from height, which is one of the most common scenarios to come before this court.
The penalty must reflect the need for specific deterrence. Landmark is still conducting a business in a high risk industry. Its operations involve the removal of existing roofing material, replacement with metal sheet roofing and the installation of metal sheet roofing on new construction projects. Landmark continues to engage workers, including apprentices, for these projects.
Aggravating Factors
The injury, emotional harm, loss or damage caused by the offence was substantial. [The apprentice] died from the severe injuries that he sustained when he fell through the polycarbonate skylight sheeting.
[The apprentice] was a vulnerable, young, inexperienced worker. He was in the first year of his apprenticeship at the time of the incident.
Mitigating Factors
Landmark has no record of previous convictions.
Landmark is otherwise of good character. The steps which it took after the incident demonstrate this. Landmark has been in business for 16 years.
Landmark is unlikely to re-offend.
Landmark has good prospects of rehabilitation. It has taken positive steps to guard against the risk of an incident such as this ever happening again. It has brought its documentation and its procedures into line with those which, on all the evidence, should have been in place before this accident occurred.
Landmark gave assistance to law enforcement authorities. It co-operated at all times with the prosecutor and provided all documents requested in a prompt fashion.
Victim Impact Statements
A court to which a Victim Impact Statement has been tendered must consider the statement at any time after it convicts but before it sentences, and may make any comment on the statement that the court considers appropriate. In this regard the court offers its own sympathies to (the victim’s mother and father) and the wider family on the tragic loss of their son, a fine young man who was highly regarded by all who knew him.
A Victim Impact Statement of a family victim may also be taken into account by the court in connection with the determination of punishment for the offence, on the basis that the harmful impact of a primary victim’s death on family victims is an aspect of harm done to the community. … The prosecutor submits that the Victim Impact Statements of [the victim’s] mother and father should be taken into account in setting the appropriate level of penalty in this matter.
I determine that it is appropriate to take the statements into account.
Referral to the Minister by the ABCC Commissioner
The ABCC Commissioner found that Landmark’s breaches of the WHS Act, constituted breaches of the Code for the Tendering and Performance of Building Work 2016 (the Code).
Landmark Roofing was found to be in breach of subsection 9(3) and 17(1) of the Code providing that a code covered entity must:
· comply with work health and safety laws …, and
· notify the ABCC of a breach, or suspected breach of [the Code] … and advise the ABCC of the steps proposed to be taken to rectify the breach.
The Code sets out the Australian Government’s expected standards of conduct for building industry participants involved in Commonwealth funded building work.
If the ABCC Commissioner recommends a sanction for a breach of WHS laws, the Minister must impose an exclusion sanction unless satisfied that it is not appropriate in the circumstances because of the nature of, or factors contributing to, the failure to comply.
On 9 April 2022, the Minister decided to impose an exclusion sanction of 9 months for the period 2 May 2022 to 1 February 2023.
ABCC Commissioner Stephen McBurney said:
“Given the considerable amount of Commonwealth Government funding available for building and infrastructure projects, recourse to an exclusion sanction is an important deterrent against companies breaching work health and safety laws.
“The tragic circumstances of this case have resulted in a significant exclusion sanction. There is no rectification capable of addressing the harm done in this case.
“The victim impact statements submitted to the District Court and summarised by His Honour speak to the devastating impact this workplace fatality has had on the victim’s family.
“The genuine statement of remorse from the sole director of Landmark was also acknowledged by the Court.
“The ABCC will continue to monitor breaches of WHS laws to ensure that Code sanctions can be referred to the Minister whenever it is appropriate to do so.”
The nine-month sanction is the longest sanction handed to a company for a breach of the Code for the Tendering and Performance of Building Work 2016.
Litigation Timeline
On 15 May 2020, the District Court of NSW found the company:
· had a duty under section 19(1) of the WHS Act to ensure, so far as is reasonably practicable, the health and safety of its workers while at work; and
· it had failed to comply with this duty, exposing [name of the apprentice] and [his supervisor] to a risk of death or serious injury contrary to section 32 of the WHS Act.
A conviction was recorded, and the company was ordered to pay a fine of $400,000 plus the prosecution’s costs.
On 12 August 2020 Landmark Roofing filed an appeal with the Supreme Court of NSW Criminal Court of Appeal against its District Court conviction and penalty.
On 13 May 2021 in a unanimous decision, Landmark Roofing was found to have failed to establish any of its appeal grounds and the appeal was dismissed.
On 16 June 2021 Landmark Roofing filed an application for special leave to appeal the decision of the Supreme Court of NSW Criminal Court of Appeal in the High Court of Australia.
On 14 October 2021 the High Court of Australia dismissed Landmark Roofing’s application for special leave to appeal with costs awarded against the company.
Following the completion of Landmark Roofing’s avenues of legal appeal, the ABCC Commissioner referred the matter to the Minister for consideration of an exclusion sanction.
More natural air ventilation systems for NSW schools
A boost to natural ventilation is headed to more than 10,000 public school classrooms with the rollout of automatic fresh air ventilation systems, as the NSW Government bolsters protection against COVID-19 for school communities.
Minister for Education Sarah Mitchell said the $100 million Air Quality Assurance Program is focused on delivering permanent improvements to natural ventilation in classrooms, based on evidence and expert advice.
“The World Health Organisation, the Doherty Institute and NSW Health agree that maximising natural ventilation in classrooms by opening windows and doors remains the most effective method for minimising the spread of COVID-19 – and this is the foundation of our approach in schools,” Ms Mitchell said.
“The NSW Government is committed to keeping students learning face to face at school and is taking steps to ensure that we maximise fresh air in our classrooms. Installation of these systems will further enhance the quality of air in our classrooms.”
The Air Quality Assurance Program was announced in October 2021 following the comprehensive audit of more than 150,000 spaces across all NSW public schools. The audit, combined with independent, expert advice from building services consultant Steensen Varming, has guided the targeted approach to ventilation in schools.
The 10,000 classrooms newly identified to receive automatic fresh air ventilation build on the 2,000 classrooms announced last year.
The program is supporting permanent upgrades to windows, ceiling and exhaust fans, additional servicing of ventilation systems, procurement of 19,000 air purifiers and the ongoing installation of automatic fresh air ventilation systems.
In addition to the Air Quality Assurance Program, permanent fresh air ventilation systems are also being progressively installed in thousands of classrooms as part of the NSW Government’s $500 million Cooler Classrooms program.
As at February 2022, more than 5,500 classrooms and 380 libraries have had systems installed under this program.
