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Though we were forced to withdraw the case from the AIRC because  we had been moved to another building and we were therefore no longer in the original workplace we believe we achieved or highlighted the following:

We have

1    shown that a challenge can be made against a Comcare decision

2.   taken an historic action

3     caused the AIRC to sit under the Occupational Health & Safety Act

4.     shown that the documents necessary for lodging an appeal in the AIRC are in need of review

5.     shown that the OH&S act is flawed in that it does not permit rep to force employer to provide even basic information on potential hazards

6.     demonstrated that the Act is flawed in that it may permit employers to avoid responsibility by changing location

7.     shown that there is apparently no mechanism by which incoming tenants or workers can be protected against building flaws or hazards (AIRC) needs to be given power

8.     demonstrated that the AIRC or some other body needs to be given the ability to establish independent expert and representative committees to examine scientific and technical questions

9     there needs to be a mechanism for rapid review of health and safety standards

10     OH&S reps need access to legal advice and representation for OH&S delegates seeking to take action

11     Identified a massive conflict of interest between Comcare acting as the government insurer and being the overseeing and regulating authority for health and safety

12     highlighted the need for changes in legislation

13      shown that it is necessary to enable expansion of the commission or the creation of a separate authority to enable fast tracking in the case of health issues

14     identified the need for a mechanism to prevent employers from using delaying tactics to sidestep responsibilities in health safety and welfare of employees

15     shown there is a need to clarify the standards of proof needed to challenge opposition medical experts

16     identified the need for legislative provision for entry for independent experts and to require employers to permit proper investigations by worker representatives and experts

17     Need for statement in the legislation requiring corporations to keep proper medical records and to make these available to OH&S reps ( without personal details)

18.  shown the need for provisions requiring negotiations before there are changes in the workplace

19     highlighted likely public health problems concerning indoor toxic moulds

20     highlighted potential problems with organoposphates in the workplace and the community

21     highlighted the potential for conflicts of interest in the selection of experts by Comcare

22     shown the need for changes in the processes adopted by Telstra and other employers in the area of OH&S

23    highlighted a need for penalties for continually offending employers

24     highlighted the waste of public money in legal maneuvers instead of entering into genuine consultation

25     demonstrated that Comcare appears to have a community of interest or collusion with Telstra

26     shown the need to ensure the individual autonomy of OH&S reps

27     demonstrated a need for better communication between OH&S reps and to establish and maintain a national website for OH&S reps

28     shown a need the for ability of OH&S reps to access overseas medical and technical OH&S websites and data bases without cost

29      established a database of documents on Triphenyl Phosphate

30      established a database on Aspergillus & indoor moulds

31      laid the beginnings of a network of public spirited citizens experts and contacts who will help.

  1. caused Comcare to identify failures in communication and consultation in OH&S matters
  2. demonstrated the need for a clear definition of what is reasonable belief
  3. clearly shown the need for specification in legislation as to documentary evidence being permitted as expert where it is from good authorities
  4. The legislation should make clear that the OH&S Committee is to facilitate not to restrict inquiry
  5. Our workers are longer in the previous workplace
  6. Our workers are now in a new workplace and better conditions than before
  7. The old building was empty for a long time
  8. The old building was heavily renovated before there was a new occupant
  9. That there is a need for legislation to ensure that ducting systems in public buildings and workplaces are cleaned every 3 to 4 years.


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Last modified: August 01, 2010

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Disclaimer: This publication and its associated sites is intended to inform the public and whistleblowers. Nothing contained in this website is to be taken to be a substitute for legal or professional advice. The author expressly disclaims liability to any person or entity for the consequences of anything done or omitted to be done in reliance in whole or in part of the contents of these publications.  The material contained herein is the result of observations and experience.