The University of Newcastle
LEGL6004: Law for Workplace Health & Safety 2018
Assignment 2
Due Date: 26 October 2018 (5PM)
Weighting: 25%
Choose 2 questions from the following list to answer. The word limit for each question is 1,000 words. Therefore, your assignment should be 2,000 words in total. Each question is worth 12.5 marks. You should use legislation, cases, and secondary sources to back up your answer where possible.
N.B. This is a maximum word count. Any words beyond the word limit will not be assessed. The word count does not include footnotes or bibliography, although students are advised that footnotes should be used for referencing purposes only (not for providing additional commentary). A bibliography which lists all cases, legislation, and secondary sources referred to is required.
QUESTIONS:
1. What is the significance of the distinction between an injury arising ‘out of’ employment and an injury arising ‘in the course of’ employment? Discuss the applicable legislative provisions alongside relevant case law.
2. What is the significance of s 9A of the Workers Compensation Act 1987 (NSW)? Discuss the applicable legislative provisions alongside relevant case law.
3. A worker who is injured whilst travelling to or from his or her place of work will rarely be entitled to workers’ compensation in New South Wales. Discuss by reference to the applicable legislative provisions and relevant case law.
4. What test will the court apply if a worker is injured during an interval or interlude within an overall period or episode of work? Discuss the applicable legislative provisions alongside relevant case law.
5. What is a ‘disease injury’? How is the law’s treatment of these injuries similar or dissimilar to its treatment of other injuries under the Workers Compensation Act 1987 (NSW)? Discuss the applicable legislative provisions alongside relevant case law.
6. ‘Workers’ compensation can be distinguished from the other two main sources of money for an injured worker…[E]ach option has its benefits and disadvantages.’ (Neil Foster, Workplace Health and Safety Law in Australia, LexisNexis Butterworths, 2016, pp. 503–504). What are the benefits and disadvantages of each of the three main sources of money for an injured worker?
SUBMISSION INSTRUCTIONS:
Assignments must be submitted to Turnitin in Microsoft Word format or using similar word processing software (not as a PDF document). Since you will not be submitting a paper copy of your assignment, in lieu of the usual assignment cover sheet you should ensure your paper has a title page which includes the word count, and the academic integrity declaration which is set out below. You should read the declaration carefully and ensure you understand what you are declaring before including it on the title page of your assignment.
Declaration:
I declare that this assessment item is my own work unless otherwise acknowledged and is in accordance with the University’s academic integrity policy available from the Policy Library on the web at https://www.newcastle.edu.au/aboutuon/governance-and-leadership/policylibrary/document?RecordNumber=D09_1899P
I certify that this assessment item has not been submitted previously for academic credit in this or any other course. I certify that I have not given a copy or have shown a copy of this assessment item to another student enrolled in the course.
I acknowledge that the assessor of this assignment may, for the purpose of assessing this assignment:
• Reproduce this assessment item and provide a copy to another member of the Faculty; and/or
• Communicate a copy of this assessment item to a plagiarism checking service (which may then retain a copy of the item on its database for the purpose of future plagiarism checking).
• Submit the assessment item to other forms of plagiarism checking.
Assessment Criteria:
You can expect to do well in the assignment if you: (i) demonstrate you have developed detailed knowledge and understanding of the body of law which governs workers’ compensation in NSW, including contemporary developments in relation to this body of law; (ii) demonstrate your ability to locate and effectively use primary sources (cases and legislation) and secondary sources (journal articles, books, etc.) which relate to your chosen topics. High quality essays will draw upon these sources in discussing how key legal issues might be determined; and (iii) demonstrate a high quality of written expression. Your essays should be concise, clearly written, structured in a logical way, and persuasive.