The Australian Institute of Health and Welfare data published in 2002 shows a continued rise in health care costs to the Australian community due to the growing number of people diagnosed with mental health disorders. Those mental health disorders may originate from a number of sources, including work and non-work-related factors. So called work-related stress claims in all Australian jurisdictions are the most expensive form of workers compensation claim. In the most part this is due to the lengthy period of absence (duration) and complicated medical care which are characteristic of these claims. In Australia, in the last decade, attempts have been made to reduce the costs of compensable stress related claims by imposing special legislative thresholds on such claims. This "back end" approach to cost reduction has resulted in an array of legislative formula designed to exclude work related stress claims. This article surveys the various legislative provisions dealing with work-related stress claims in Australia and provides an analysis of their effectiveness. A range of options are presented as alternatives to the exclusion of particular forms of work related stress claims. The use of a corporate citizenship approach to the prevention and management of stress claims is also discussed as a proactive alternative to occupational safety and health legislative provisions and the workers compensation legislative exclusions.
Our survey of the available data and literature leads to the conclusion that the dangerous nature of agricultural work and the special legal and economic framework in which that work is undertaken identify the agricultural industry as presenting Australian Governments and specialist authorities with particular challenges in relation to improving workplace safety and reducing workplace injury.
The Australian experience suggests that as a consequence of the combination of lesser industrial bargaining power, lower wages and differing forms of injury and disease women often receive less than men in compensation payments, struggle to obtain equity in the dispute resolution process and experience greater difficulties in returning to work following injury or disease.
This paper examines the potential effects of the Disability Standards for Education 2005 (the Education Standards) on Australian education providers by considering the growth of inclusiveness in Australian education and the effects of the High Court decision in Purvis v. State of New South Wales. The paper observes that the decision in Purvis was a setback for the process of inclusiveness, which has since been addressed to a large extent by the introduction of the Education Standards. In addition, the paper considers the United States experience in relation to inclusiveness in education. It notes that the legislative underpinning of the principle in that jurisdiction has lead to inconsistent approaches by the courts in applying the objectives of inclusiveness. The paper concludes with reflections on whether the Australian approach has converged with the United States experience.
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