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Risk! Engineers Talk Governance

Risk! Engineers Talk Governance

著者： Richard Robinson & Gaye Francis
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Due Diligence and Risk Engineers Richard Robinson and Gaye Francis discuss governance in an engineering context.

Richard & Gaye are co-directors at R2A and have seen the risk business industry become very complex. The OHS/WHS 'business', in particular, has turned into an industry, that appears to be costing an awful lot of organisations an awful lot of money for very little result.

Richard & Gaye's point of difference is that they come from the Common Law viewpoint of what would be expected to be done in the event that something happens. Which is very, very different from just applying the risk management standard (for example).

They combine common law and risk management to come to a due diligence process to make organisations look at what their risk issues are and, more importantly, what they have to have in place to manage these things.

Due diligence is a governance exercise. You can't always be right, but what the courts demand of you is that you're always diligent

© 2025 R2A Due Diligence Engineers マネジメント マネジメント・リーダーシップ 科学 経済学
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  • Could vs Should in Workplace Safety

    Could vs Should in Workplace Safety
    2025/10/26

    In this episode of Risk! Engineers Talk Governance, due diligence engineers Richard Robinson and Gaye Francis discuss Could vs Should in Workplace Safety. (Thanks Nick for your email, case reference and questions.)

    They explore the critical distinction between what "could" have been done versus what "should" have been done in workplace safety, sparked by the SKM Services case against Magistrates Courts of Victoria, and discuss how experts often use hindsight to determine what could have prevented an incident, whereas courts must assess what was reasonably practicable with the knowledge available at the time.

    Key take-aways include:

    • The danger of hindsight bias in safety assessments
    • Why documenting decisions not to implement controls is crucial
    • The importance of collaborative risk assessment workshops over single-person sign-offs
    • How due diligence protects both engineers and directors from liability
    • Why safety decisions must be regularly reviewed as technology and circumstances change

    Richard and Gaye reiterate that while you can't always be right, you can always be diligent—and proper documentation of your decision-making process at the time is your best defence if something goes wrong.

    Article reference for SKM Services Pty Ltd v Magistrates' Court of Victoria & Anor [2019] VSC-460: https://www.claytonutz.com/insights/2019/august/court-clarifies-the-meaning-of-reasonable-practicability-in-ohs-after-finding-a-magistrate-has-misstated-the-test

    For further information on Richard and Gaye’s consulting work with R2A, head to https://www.r2a.com.au, where you’ll also find their booklets (store) and a sign-up for their quarterly newsletter to keep informed of their latest news and events.

    Gaye is also founder of Australian women’s safety workwear company Apto PPE https://www.aptoppe.com.au.
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    9 分
  • Safety & Planning Law Complications

    Safety & Planning Law Complications
    2025/10/19

    In this episode of Risk! Engineers Talk Governance, due diligence engineers Richard Robinson and Gaye Francis discuss the complications of Safety Legislation & Planning Law.

    Drawing on their extensive experience across multiple Australian jurisdictions—including Victoria, New South Wales, Queensland, and federal government projects—Richard and Gaye discuss the challenges engineers and designers face when navigating competing legislative requirements. They examine why Work Health and Safety (WHS) legislation doesn't always take precedence in planning decisions, despite common assumptions, and how this creates significant complications for professionals trying to ensure safe outcomes.

    For further information on Richard and Gaye’s consulting work with R2A, head to https://www.r2a.com.au, where you’ll also find their booklets (store) and a sign-up for their quarterly newsletter to keep informed of their latest news and events.

    Gaye is also founder of Australian women’s safety workwear company Apto PPE https://www.aptoppe.com.au.
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    13 分
  • Safe Work Australia's Best Practice Review of Model WHS Act & Regulations

    Safe Work Australia's Best Practice Review of Model WHS Act & Regulations
    2025/10/12

    In this episode of Risk! Engineers Talk Governance, due diligence engineers Richard Robinson and Gaye Francis discuss Safe Work Australia's review of the model Work Health and Safety (WHS) Act & Regulations, and R2A’s submission response.

    Key points include:

    • Contradictions between the WHS legislation, regulations, and common law requirements, particularly for designers and engineers.
    • Concerns around the hierarchy of controls and how they are interpreted by regulators.
    • Inconsistencies in how the WHS legislation is implemented across different jurisdictions.
    • Misalignment between WHS legislation and planning laws, creating challenges in integrating safety considerations early in the design process.

    The discussion highlights the need for greater clarity and consistency in the legal framework governing workplace health and safety, to ensure effective implementation, especially for designers and engineers.

    More information on the review is available at https://consult.swa.gov.au/best-practice-review. Submissions close 3 November 2025.

    Tickets are (currently) available for our Live Forum on 21 October 2025 “Preventing Criminal Manslaughter – Understanding & Implementing SFAIRP” via https://www.eventbrite.com.au/e/preventing-criminal-manslaughter-understanding-implementing-sfairp-tickets-1653602251849.

    For further information on Richard and Gaye’s consulting work with R2A, head to https://www.r2a.com.au, where you’ll also find their booklets (store) and a sign-up for their quarterly newsletter to keep informed of their latest news and events.

    Gaye is also founder of Australian women’s safety workwear company Apto PPE https://www.aptoppe.com.au.
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    12 分
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