Work health and safety; New work health and safety (WHS) laws replaced the occupational health and safety (OHS) laws in NSW on 1 January 2012. These new laws will provide greater consistency, certainty and clarity across Australia making it easier to understand your workplace health and safety duties. Website; http://www.workcover.nsw.gov.au/newlegislation2012/pages/default.aspx Call 13 10 50 for more information about the new work health and safety (WHS) laws 21/05/2014 Legal and risk management WOB_1 1
Work health and safety; Small business and the new Work Health and Safety legislation Running a successful small business means you need to be skilled and knowledgeable in many areas including work health and safety (WHS). WorkCover understands that small business owners have limited time and resources and is here to help. Small business website for WH&S; http://smallbusiness.workcover.nsw.gov.au/healthsafety/pages/default.aspx 21/05/2014 Legal and risk management WOB_1 2
Work health and safety; Workers compensation and return to work You need to have: a current workers compensation policy an injury reporting system an effective return to work program. This is the case whether you are a Pty Ltd company with workers or working directors, a partnership, or a sole trader who employs fulltime, part-time or casual workers. 21/05/2014 Legal and risk management WOB_1 3
Work health and safety; You need to keep a record of injuries and claims for at least 5 years, including: the date, time, place and nature of the incident the date of notification and the way in which the notification was given any acknowledgement received from the insurance agent or WorkCover. For more information go to; http://smallbusiness.workcover.nsw.gov.au/workers- Compensation/Pages/default.aspx 21/05/2014 Legal and risk management WOB_1 4
NSW Fair Trading Office: NSW Fair Trading 1 Fitzwilliam St Parramatta NSW 2150 Postal: PO Box 972 Parramatta NSW 2124 Enquiries: 13 32 20 Website: www.fairtrading.nsw.gov.au 21/05/2014 Legal and risk management WOB_1 5
On 1 January 2011 the Australian Consumer Law (ACL) commenced. The ACL is a cooperative reform of the Australian Government and the States and Territories, through the Ministerial Council on Consumer Affairs (MCCA) 21/05/2014 Legal and risk management WOB_1 6
The ACL includes: a national unfair contract terms law covering standard form consumer contracts; a national law guaranteeing consumer rights when buying goods and services; a national product safety law and enforcement system; a national law for unsolicited consumer agreements covering door-todoor sales and telephone sales; simple national rules for lay-by agreements; and new penalties, enforcement powers and consumer redress options. 21/05/2014 Legal and risk management WOB_1 7
The ACL applies nationally and in all States and Territories, and to all Australian businesses. For transactions that occurred prior to 1 January 2011, the previous national, State and Territory consumer laws continue to apply. The ACL is a cooperative reform of the Australian Government and the States and Territories, through Council of Australian Governments (COAG). 21/05/2014 Legal and risk management WOB_1 8
The Australian Consumer Law and your business 21/05/2014 Legal and risk management WOB_1 9
Business and the ACL One law for all Australian businesses The Australian Consumer Law (ACL) commenced on 1 January 2011. The ACL harmonised the consumer protection provisions in the Trade Practices Act 1974 (TPA) and in State and Territory fair trading laws, and replaced consumer protection provisions in at least 20 different Commonwealth, state and territory laws with this one law. The ACL is a national, generic law which applies in the same way to all sectors and in all Australian jurisdictions. This means that all consumers in Australia enjoy the same rights and all businesses have the same obligations, irrespective of which state or territory they engaged in transactions. The ACL covers general standards of business conduct, prohibits unfair trading practices, regulates specific types of business-to-consumer transactions, provides basic consumer guarantees for goods and services, and regulates the safety of consumer products and product-related services. 21/05/2014 Legal and risk management WOB_1 10
Simpler regulation for your business From 1 January 2011, every Australian business will have the same rights and responsibilities under the Australian Consumer Law. By knowing your rights and responsibilities, you can look after your business and your customers 21/05/2014 Legal and risk management WOB_1 11
Good business behaviour You are entitled to expect every business you deal with to honour its obligations under the Australian Consumer Law (ACL). Businesses must not make false, misleading or deceptive claims about a product or service. All businesses are entitled not to be treated in an unconscionable way by other businesses. 21/05/2014 Legal and risk management WOB_1 12
Know your rights when purchasing goods and services When making business purchases, the ACL provides businesses with guaranteed rights. When a business purchases a good of a value of $40,000 or less, for use within the business, the law guarantees the product must be safe, durable, free from defects, fit for purpose, acceptable in appearance, match its description and match any sample or demonstration model. This does not prevent extra warranties being offered to you. You also have these guaranteed rights when buying road vehicles or trailers for use principally in the transport of goods on public roads. 21/05/2014 Legal and risk management WOB_1 13
Be aware of your customers' rights Every business has a responsibility to respect a customer s rights under the ACL, and to honour its legal obligations. Almost all business comply with the law, but all businesses should remember they are required to meet general standards of business conduct, as well as comply with specific protections for consumers against unfair business practices. These include: using standard form contracts that do not have unfair terms; honouring consumer guarantees; ensuring the safety of products and services; and complying with rules on sales practices, including those on prices, consumer information, lay-by agreements and unsolicited consumer agreements. 21/05/2014 Legal and risk management WOB_1 14
Where can I find the ACL? A copy of the ACL in pdf format can be found at; http://www.consumerlaw.gov.au/content/fact_sheets /_downloads/fact_sheet_your_business.pdf 21/05/2014 Legal and risk management WOB_1 15
Where can I get guidance on the ACL? National guidance on aspects of the ACL has been developed and is updated by the Australian Competition and Consumer Commission (ACCC), the State and Territory consumer protection agencies, and, in relation to financial services, the Australian Securities and Investments Commission (ASIC). For more information about guidance on the ACL, refer to The Australian Consumer Law Guidance page 21/05/2014 Legal and risk management WOB_1 16
Who will enforce the ACL? The ACL is administered and enforced jointly by the ACCC and the State and Territory consumer protection agencies, with the involvement of ASIC on financial services matters 21/05/2014 Legal and risk management WOB_1 17