warning with Hwy Ptrl

[LisaB(usa)]

I cant speak about cops from out of state cos I got no real experience of them to draw on but Qld cops (Gold Coast) are a law unto themselves. Dont know of anyone who has a good word to say about them. They think they are above the law to some extent and that they are judge and jury. I have to deal with them on a regular basis in the course of work and I find most of them exteremly arrogant and ignorant. I certainly wouldn't go out of my way to help them and the soner they are taken down a peg or two the better but it aint likely to happen. I hope you can nail the prick Ray and maybe it'll make one or two of them pull their horns in abit but I doubt it it. More than likely make you a target for his mates. I'm seriously considering going back to the Uk. I love this country and especially its people but its becoming so stifiling in regards to ridiculous laws, beaurocracy and taxes. Having a long hard think about it.

Grass is always greener matey, went home to visit in July, hired a GS1200 to tour Scotland, took it easy, enjoyed the view, got stopped 3 times in 6 days, each time for a completely made up reason. Got followed for nearly 100 miles at one point, and in the middle of nowhere, thats a scary thing for a girl - god knows what would have happened if i had actually been doing something illegal. However, I've met some brilliant coppers too, in many countries, they just fade to grey next to the power trippers. Don't go home, it rains and everybody sports faces like farts.

[Rev004]

Hi Kawasuki ( Ray ),

Well a lot of people on here have pretty much summed up what I was thinking and it sounds like you've really copped the raw end of the stick.

Just to add on from DJ Pete with some advice as I work in the mining game and there is one piece legislation that I think will work in your favour and everyone can use it and as a Supervisor this is drummed into us time and time again.
I have even had equipment banned from site under the duty of care and some pretty serious fines have been handed out in the mining game to people under this legislation and I reckon you could have the cops on the back foot if you choose to use it.

Duty of Care - under the duty of care legislation anyone can approach whom ever if they believe that someone is in a situation that may cause harm to someone or bring harm to themselves.
The person can warn the individual of the situation/hazard and suggest other alternatives to remove them from the situation/hazard.
Now what they choose to do with that info is their problem but you have made the effort to highlight the problem.

Things to do that may help..

1. Photos of the area where the incident happened. ( if possible try and carry out a re-enactment )
2. Do up diagrams of the position of the vehicles and people involved. Illustrate what the hazards were..
3. If possible get hold of the driver of the other car he maybe able to help with some information from a witness point of view or use him if needed.
4. Any other person that can support and observed what happened from a witness point of view.
5. Definately check the video camera.
6. If you haven't already done so document everything that happened to the best of your ability.

Now from what you have written I reckon that if you obtain some advice on the situation you could possibly go down this path as you had a genuine belief that the officer was in a hazardous position that could have brought him harm.
You have then suggested that he move down the road to a safer position to remove the hazard which he has chucked back in your face.


It can also work the opposite way as well for example someone is working on a ladder a falls and you happened to have walked past prior to the accident. If the person knows who you were, they can then come after you under duty of care and claim compensation because you should have stopped he/she and warned them that they are in a situation that may cause harm and so on.
This goes on quite a bit in the USA and hasn't really taken off over hear thank god.

Now that I have mentioned all that I'm no expert when it comes to the legal aspect but I reckon you have got a really good case to put your point of view across. I would have to say it would be a brave judge to knock back a problem / issue that is related to safety which is what duty of care is all about.

[kawasuki]

Sound advice ReV004
I have a pic on my camera were the dude is parked
I have 2 witnesses that will sign a stat deck
I will google the location so everyone can see were the dude parked.
Cant copy the pic from google
Five Dock \cnr ramesy Rd and First Ave looking down in the pic its the Ramesy rd crn 2 white pedestrian lines and a bench seat. His arse was just on the second white line near the seat.

[DjPete]

That duty of care is a classic rev004.
Way to go.

Ray asked me to put this vid up.
A bit hard if it is not hosted somewhere so because it was so short anyway I just took snapshots. 3 pics (The girls face has been edited out for privacy)


  officer1.jpg (Size: 50.52 KB / Downloads: 239)


  officer2.jpg (Size: 47.88 KB / Downloads: 236)


  officer3.jpg (Size: 49.55 KB / Downloads: 235)

[kawasuki]

Now u see were the sucker parked, there was a pedestrian killed on the extact corner were the hwy car is parked only 12 mths ago.

[horndog]

Now u see were the sucker parked, there was a pedestrian killed on the extact corner were the hwy car is parked only 12 mths ago.

If I am seeing it right the highway car is a silver colour with his arse only just around the corner?

In W.A. it is illegal to park within X meters (cant remember the exact distance) from a corner. I would imagine that law is the same in other states for logical reasons (its dangerous)

[debandee]

Perhaps you should use that in your defense. Knowing people have been hurt in a place would naturally make yu concerned for anyone's safety - even a policemans.
Make sure you write it down for when you address the court
Good luck

[kawasuki]

yep i dont see there Duty of care for the public. And all will be used to fight these worms.

[GRUNTMAX]

Hi Ray,
It's the victim of a drunk woman driver again.
Who hasn't worked since Feb 28 2007 and has refused all of their fuckin offers of Centrelink payments because I'd have to pay it all back to the arseholes when the insurance company coffs up.

You don't need a good lawyer, you need a good barrister, let him do the talking for you in court.
MONEY TALKS, BULLSHI- WALKS, and so will that gook pig with an Aussie passport if he has his way.
Go to the bank, open an account at one of the big 4.
Put the account details in this post as well as a yahoo USA email address (with a long multi8*&67#$frt56 typed pasword) so the Aussie pigs can't hack into it.
I will be the first to transfer $50 into it to help you with your legal fees. I'm sure you will keep a good account of all the legal expenses and deposits.
MONEY TALKS, BULLSHI- WALKS.
Standing by for the account number, name, bank adress, and BSB # etc
???

yep i dont see there Duty of care for the public. And all will be used to fight these worms.

[Rev004]

Hi Ray every business has a duty of care that they have to comply with and the Police Force would definately have a Duty of Care to people when they pull someone over and so on.
I probably needed to tell you that the Duty of care will fall in uner the Occupational Health and Safety Act. The problem with any act it's a bloody mind field hence the suggestion about seeking some advice in this area. Have a read of some of the stuff below but it's a bit of a mind field but gives you and idea from an employers perspective and just bare in mind that an incident under the Duty Care doesn't mean someone has already been hurt but you can certainly step in under the duty of care where there is reasonable concern or to try and prevent an incident from happening where practicable.

You may need to get hold of the Occupational Health & Safety Act that the Policy Force ( The Police Force would have documentation on what should happen when they pull someone up as well ) would have to comply to but I could just about guarantee that they definately have a duty care to the public when they are pulling someone over especially when it comes to ones safety.

Here's some stuff that I found on Google but this is only an Act regarding the commonwealth but gives you an idea anyway

Duty of care explained
Duty of care is a broad ranging legal principle. Stated simply, it means that one must take reasonable steps to ensure their actions do not knowingly cause harm to another individual.

In such cases, the courts look to:

the nature of the relationship between the parties;
whether the incident resulting in harm was reasonably foreseeable; and
the proximity or causal connection between one person's conduct and the other person's injury.



Occupational Health and Safety (Commonwealth Employment) Amendment (Employee Involvement and Compliance) Bill 2002

2002
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

HOUSE OF REPRESENTATIVES

OCCUPATIONAL HEALTH AND SAFETY (COMMONWEALTH EMPLOYMENT) AMENDMENT (EMPLOYEE INVOLVEMENT AND COMPLIANCE) BILL 2002

EXPLANATORY MEMORANDUM



(Circulated by authority of the Minister for Employment and
Workplace Relations, the Honourable Tony Abbott MP)


OCCUPATIONAL HEALTH AND SAFETY (COMMONWEALTH EMPLOYMENT) AMENDMENT (EMPLOYEE INVOLVEMENT AND COMPLIANCE) BILL 2002


OUTLINE

The Occupational Health and Safety (Commonwealth Employment) Amendment (Employee Involvement and Compliance) Bill 2002 amends the Occupational Health and Safety (Commonwealth Employment) Act 1991 (the Act) to provide improved protection of the health and safety of Commonwealth employees at work by:

§ Revising the provisions relating to the employer's duty of care to provide a greater focus on occupational health and safety outcomes, including by removing unnecessary prescription in the Act:

o There is no change to the employer's primary duty to take all reasonably practicable steps to protect the health and safety at work of the employer's employees;

o Prescriptive provisions requiring an employer to develop an occupational health and safety policy and agreement are being replaced with a requirement for the employer to develop safety management arrangements in consultation with the employer's employees. When developing or varying safety management arrangements, employers will be required to have regard to any advice of the Safety, Rehabilitation and Compensation Commission (the Commission) on the matter;

§ Recognising the primacy of direct employer and employee relationships, by facilitating genuine consultations between employers and employees through a more direct relationship, in part by removing mandatory third party intervention. This will ensure that employers and employees are free to develop suitable health and safety arrangements which take account of the circumstances of their own enterprise and therefore accommodate their needs at the enterprise level:

o To support the objective of greater consultation, the current institutional mechanisms through which employees have input into health and safety arrangements - designated workgroups, health and safety representatives and health and safety committees - are retained:

§ No change is being made to the functions and powers of health and safety representatives (however a technical amendment proposed will give health and safety representatives the power to request an investigation of an alleged contravention of the Act where a provisional improvement notice has been issued but not complied with);

§ Employers will be required to establish health and safety committees if they normally employ not less than 50 employees. An employer will also be required to establish a committee where there is normally not less than 50 employees at a workplace and either a health and safety representative gives or a majority of employees in the workplace make a written request to an employer to establish a committee. The manner in which such committees are to be constituted and operate will be required to be covered in the employers' safety management arrangements; and

§ The number of employer representatives on a health and safety committee will not be able to be greater than the number of employee representatives.

o An employee will be able to be represented by a registered organisation (including an organisation within the meaning of the Workplace Relations Act 1996) or an association of employees of which he or she is a member, if it has a principal purpose of protecting and promoting employees' interests in matters concerning their employment, if the employee requests such representation;

§ Ensuring that the additional flexibility given to employers to develop appropriate arrangements at the workplace level is balanced by a strong, effective and responsive enforcement regime by:

o Encouraging voluntary compliance;

o Providing for civil penalties as far as possible, reserving criminal penalties for more serious breaches of the Act where there has been a death or serious bodily harm. Criminal penalties are also being retained for offences which are more appropriately dealt with in the criminal justice system, such as contempt of the Commission or failing to attend before the Commission as a witness;

o Providing for a wider range of remedies under the Act to ensure more effective protection of the health and safety of


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Commonwealth employees at work, namely:
§ Injunctions, both prohibitory and mandatory, to achieve compliance with the Act;

§ Remedial orders to enable effective action to be taken to remedy the effect of a breach of the Act; and

§ Enforceable undertakings. Comcare is being given the power to accept a written undertaking relating to the fulfilment of an obligation under the Act from a person who is required to fulfil that obligation. This will be available as an alternative to prosecution and thereby encourage voluntary compliance with the requirements of the Act;

o Substantially increasing levels of penalties. For example, currently the maximum penalty under the Act is $100,000 for a breach of the employer's duty of care. This is being increased to 2,200 penalty units ($242,000) for a civil breach and 4,500 penalty units ($495,000) for a criminal breach;

§ Revising the annual reporting requirements of Commonwealth agencies under the Act to provide a greater focus on outcomes rather than process; and

§ Making technical amendments to various provisions of the Act to correct deficiencies or otherwise improve the operation of these provisions, for example:

o Giving health and safety representatives the power to request an investigation of an alleged contravention of the Act where a provisional improvement notice has been issued but not complied with;

o Giving investigators the power to give oral directions that a workplace not be disturbed in order to remove an immediate threat to health and safety or to allow an inspection at the workplace. This power is in addition to the current power to give a written notice not to disturb a workplace;

o Enabling investigators to amend or cancel do-not-disturb, prohibition and improvement notices issued by them;

o Enabling Comcare to exercise some powers currently conferred on the Commission, such as providing occupational health and safety advice to Departments and Commonwealth authorities and referring employers, employees and contractors to experts.

FINANCIAL IMPACT STATEMENT

The proposals contained in the Bill are budget neutral.


REGULATION IMPACT STATEMENT
Occupational Health and Safety (Commonwealth Employment) Act 1991


EMPLOYER'S DUTY OF CARE/PENALTIES

Background
The Occupational Health and Safety (Commonwealth Employment) Act 1991 (the OHS(CE) Act) provides a legal basis for the protection of the health and safety of Commonwealth employees in Departments, Statutory Authorities and Government Business Enterprises (GBEs). The OHS(CE) Act imposes responsibilities on employers, employees and others (including private businesses which are manufacturers, suppliers and installers of plant, equipment and substances used by Commonwealth employees).

The Commonwealth has adopted an approach to the protection of the health and safety of employees which is more effectively self-regulating at the enterprise level. This includes prescribing general duties of care for employers, workers and others and the establishment of arrangements at workplaces which involve employees in the development and implementation of health and safety arrangements. A similar approach is taken in all Australian jurisdictions and in most comparable jurisdictions internationally.


Comcare undertakes the role of regulator under the OHS(CE)Act. This role includes investigations of incidents. A Planned Investigation Program is also conducted by Comcare each year, usually focussing on an agency's policies and practices. Comcare also provides a range of information and education assistance to Commonwealth employers and employees. A range of sanctions is available where an investigation reveals a breach of a duty under the Act, including the issuing of Improvement and Prohibition Notices. In the case of Government Business Enterprises, a criminal prosecution may be brought.

The OHS(CE) Act is supported by regulations addressing specific areas of health and safety risk and providing guidance to employers in meeting their duty of care under the Act. Further guidance and assistance is provided through non-binding Codes of Practice on specific issues.


This Regulation Impact Statement concerns proposals for amendments to the OHS(CE) Act in relation to the duty of care placed upon employers to do whatever is reasonably practicable to protect the health and safety of employees (and third parties) in the workplace and the penalties available in the event of breaches of the Act. The changes to the employer's duty of care


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are closely related to proposed changes to the workplace arrangements provisions of the OHS(CE) Act. The amendments to the employer's duty of care and penalties provisions therefore form part of a package of amendments to the OHS(CE) Act which will ensure that Commonwealth employers and employees can fully co-operate in the development of arrangements which address issues at the particular workplace and that they will be supported by a responsive and effective enforcement regime. This will result in improved health and safety outcomes.







Legislation
Workplace Health and Safety Act 2007
Duty of care >
This information bulletin provides a guide to the statutory duties of care for employers and workers under the Workplace Health and Safety Act 2007 Part 5 Section 55 – 57 and Section 60, and Workplace Health and Safety Regulations 4 to 14.
Statutory duties of care:
Employer's general statutory duty of care
An employer has a duty (the employer's general statutory duty of care) to ensure, as far as reasonably practicable, that workers and others are not exposed to risks to health or safety arising from the conduct of the employer's business.
A self-employed person owes him/herself the general statutory duty of care.
An employer must carry out the general statutory duty of care by proceeding, in a systematic way, to:
•
identify hazards; and
•
identify, and assess the seriousness of, risks resulting from the hazards; and
•
determine appropriate risk management measures:
>
to eliminate, as far as reasonably practicable, avoidable risks; and
>
to minimise, as far as reasonably practicable, unavoidable risks; and
•
carry the risk management measures into effect; and
•
monitor and review the effectiveness of the measures.
Duties in regard to workplace
An employer has a duty to take all reasonably practicable measures to ensure that the workplace, and the means of entering and leaving it, are safe.
The duty extends, to the extent that may be appropriate in the circumstances, to:
•
an owner or occupier of the workplace; and
•
a person who designs, constructs, manufactures, imports, installs or supplies a workplace or any part or component of a workplace.
Duties in regard to workplace infrastructure, equipment and materials
An employer has a duty to take all reasonably practicable measures to ensure that:
•
workplace infrastructure or equipment, and workplace materials, are safe; and
•
workers are, where necessary, properly instructed in the use, and warned about risks involved in the use, of workplace infrastructure or equipment, and workplace materials; and
•
if workplace materials are poisonous – adequate toxicological information is available.
NT WorkSafe is the administrative arm of the Work Health Authority and administers the Workplace Health and Safety Act, the Workers Rehabilitation and Compensation
Act, the Dangerous Goods (Road and Rail Transport) Act, the Dangerous Goods Act and the Radioactive Ores and Concentrates (Packaging and Transport) Act and
related Regulations on behalf of the Northern Territory Government.
09.01.02 – 07/2008
The duty extends, to the extent that may be appropriate in the circumstances, to a person who:
•
owns, designs, constructs, manufactures, imports, installs or supplies workplace infrastructure or equipment or any component of workplace infrastructure or equipment; or
•
designs, manufactures, imports or supplies workplace materials.
Duties of workers
A worker has a duty:
•
to take reasonable care for the worker's own health and safety, and for the health and safety of others, while at work; and
•
to follow reasonable directions given by, or on behalf of, the employer on issues related to health or safety; and
•
to use relevant safety equipment provided for the worker's use; and
•
to report a workplace accident to the employer as soon as practicable after it occurs.
A worker must not:
•
intentionally or recklessly interfere with or misuse safety equipment provided by the worker's employer; or
•
intentionally create a risk to the health or safety of another at the worker's workplace.
Responsibilities under Regulations
In addition to the requirements under the Act there are specific responsibilities outlined in the regulations for various parties in the workplace including joint responsibilities.
Penalties
A range of penalties applies where the provisions of the Act are not complied with. Please refer to NT WorkSafe information bulletin 09.01.07 Fines under the Act.
NT WorkSafe
GPO Box 4821, Darwin NT 0801
Telephone 1800 019 115
Facsimile (08) 8999 5141
Email ntworksafe.deet@nt.gov.au
Website worksafe.nt.gov.au


Duty of care explained
Duty of care is a broad ranging legal principle. Stated simply, it means that one must take reasonable steps to ensure their actions do not knowingly cause harm to another individual.

In such cases, the courts look to:

the nature of the relationship between the parties;
whether the incident resulting in harm was reasonably foreseeable; and
the proximity or causal connection between one person's conduct and the other person's injury.

What is Negligence?
Negligence is carelessness. A failure to take reasonable care for the safety or well-being of others. Negligence actions are not an exercise in perfection but rather address issues of “reasonableness” or, put simply, what the reasonable person might have done or not done in the circumstances of a particular case.

The law of negligence entitles a person to receive compensation, for loss or damage, as a result of someone elseâ€s actions where that person breaches a recognisable “duty of care.”

Duty of care is an obligation to take reasonable care to avoid causing foreseeable harm to another person or their property. In general terms negligence can be established if the plaintiff can prove:

the defendant owed them a duty to take reasonable care; and
the defendant breached that duty; and
the defendantâ€s breach of duty caused the injury or damage suffered by the plaintiff; and
the injury or damage suffered was not too remote a consequence of the breach of duty.
Damages
The money paid in compensation for loss suffered in a civil matter is called damages and can include medical fees, loss of income, pain and suffering.

If more than one party is involved, it will be assessed as to what degree they each contributed towards the loss. The damages will be allocated accordingly. If the plaintiffâ€s own actions have contributed towards the loss, their contributory negligence will be considered as part of the overall damages.

[Mercenary]

Woooh aint that complicated or what?Must really know the laws inside out

[Spawnrose]

My eyes hurt after reading that previous large post

[Laybac]

Woooh aint that complicated or what?Must really know the laws inside out

In other words (Make everyone Dumb so they dont do anything)

[bigfoot]

That duty of care is a classic rev004.
Way to go.

Ray asked me to put this vid up.
A bit hard if it is not hosted somewhere so because it was so short anyway I just took snapshots. 3 pics (The girls face has been edited out for privacy)

wow in queensland its 100 meters after an intersection

[kawasuki]

Ok Complaints have been sent. i am in hidding now just till the feathers settle..LOL
I was beaten shitless when i was a 15 yr old kid by plain clothes detectives(3) in Central station for fighting, they also hung me out of the second floor window with a gun to my head , hit every time i put down the wrong answere on the statement and locked up in the Yasmar for the weekend. At the time my dad couldnt afford to fight the case against the police force. Its my time now.