R2A Blog

July 20, 2020
Criminal Manslaughter - Australian paradigm shift for engineers & standards

The rise of criminal manslaughter provisions in health and safety legislation, coupled with the registration of engineers in Queensland, New South Wales and Victoria, heralds a paradigm shift for engineers and the role of standards in Australian jurisdictions. On July 2020, Victoria commenced the criminal manslaughter provisions of the 2004 OHS Act. Quoting the premier: […]

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May 1, 2020
The importance of Safety Due Diligence: Keeping directors out of jail

Coroner's Finding into Dreamworld Thunder River Rapids The death of four young people at Dreamworld in the Thunder River Rapids in October 2016 has brought the prospect of criminal prosecution of Directors for safety failures to the fore, or, as we say, Safety Due Diligence. Press reports have indicated that the Queensland Government has accepted […]

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April 6, 2020
Coronavirus & Safety Due Diligence

A fabulous array of material has emerged on government websites regarding the Coronavirus (COVID-19). Worksafe Australia has published an interesting article on the connection to WHS legislation. This emphasises that employers have a duty of care to eliminate or minimise risk, so far as is reasonably practicable (SFAIRP). There then follows numerous precautions described in […]

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February 9, 2020
Australia’s Bushfires from a Due Diligence Perspective

Like you, we have been devastated by the recent bushfire events in Victoria, NSW and Queensland. We hope you have been able to stay safe and have not been directly affected. Richard and I have been reflecting on bushfires in history and if there are any key take away messages from a due diligence perspective. […]

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February 5, 2020
ALARP vs SFAIRP revisited

The ALARP (as low as reasonably practicable) versus SFAIRP (so far as is reasonably practicable) debate appears to continue in many places, for example, AS/NZS2885.6:2018 Pipeline Safety Management. The current position of many is that SFAIRP equals ALARP and that any view to the contrary is just arguing about the number of angels on a […]

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November 12, 2019
Registration of Engineers (Victoria) & Why it's Important

The Engineers Registration Bill (Victoria) received Royal Assent on 3 November. This has always been a philosophically challenging matter for engineers. Many believe that it will stifle innovation in a shallow attempt to improve the status of engineers. Certainly, its implementation will be complex if the Queensland model is taken, as an example. The primary […]

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September 11, 2019
Why the philosophy of compliance will always fail

A very popular pastime of Australian parliaments is to pass legislation and regulation on the basis that, once it becomes the law, everyone will comply and it will, therefore, be effective. A concomitant result is that many boards and their legal advisers conduct compliance audits to confirm that these legal obligations have been met and, […]

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June 22, 2019
What are the Unintended Consequences of Due Diligence?

In my article Why Risk changed to Due Diligence & Why it’s become so Important, I briefly described the principle of; do unto others, otherwise known as the Principle of Reciprocity, and how Governments in Australia have incorporated the concept in legislation in the form of due diligence. With this in mind, it’s important to […]

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June 22, 2019
Why Risk changed to Due Diligence & Why it’s become so Important

At our April launch of the 11th Edition of Engineering Due Diligence textbook, I discussed how the service of Risk Reviews has changed to Due Diligence and why it’s become so important for Australian organisations. But to start, I need to go back to 1996. The R2A team and I were conducting risk reviews on […]

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March 14, 2019
Worse Case Scenario versus Risk & Combustible Cladding on Buildings

Background The start of 2019 has seen much media attention to various incidents resulting from, arguably, negligent decision making. One such incident was the recent high-rise apartment building fire in Melbourne that resulted in hundreds of residents evacuated. The fire is believed to have started due to a discarded cigarette on a balcony and quickly […]

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