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Publication
Keeping your dawn raid guidance current
Unannounced inspections or ‘dawn raids’ are used by antitrust authorities to obtain evidence when there are suspicions that individuals or businesses have infringed the antitrust rules.
Australia | Publication | March 2020
Under the workplace health and safety (WHS) laws across Australia, all organisations and officers have an obligation to eliminate so far as is reasonably practicable the risk of COVID-19 spreading and its impact to any persons (not just workers) in so far as the spread of the virus arises from the organisation’s activities.1
You have a primary duty of care to ensure the health and safety of workers and that the health and safety of other persons is not put at risk from the conduct of your business or undertaking. In order to meet this duty of care, you must take all reasonably practicable steps to eliminate the spread of COVID-19 within your workplace (and arising from your business activities), or if it is not reasonably practicable to eliminate it, then minimise it so far as is reasonably practicable.
REMEMBER: You need to consider workers and “other persons” such as clients, customers and other visitors to your workplace in your approach to managing COVID-19 risks.
This will be different for different businesses, and the measures will change quickly over the next few weeks to months as the virus spreads and the risks increase.
You need to adopt a risk management approach for decision making in respect of COVID-19 risks – base your decisions and approach on data and currently available information about the COVID-19 disease.2
Currently, all confirmed cases of COVID-19 within a workplace are required to be reported immediately to the relevant safety regulator for the state/territory. This may change if the numbers of infected people increase dramatically and confirmed cases are no longer treated as an in-patient in hospital. In that case, you should check the relevant safety regulator’s websites for guidance on what is a ‘notifiable incident’.
The WHS Laws in Australia require you to consult, co-operate and co-ordinate your activities with other duty holders that hold a duty in relation to the same safety matter. This means you need to consult with the following people in relation to COVID-19 risks and the mitigation measures you will put in place to manage these risks:
As a recent example, Golden Plains Music Festival in Victoria, following a suspected case of COVID-19 of a festival attendee, notified its attendees, provided information to customers and the general public on its website and consulted with the Victorian Department of Health and Human Services.
Important note: These updates are applicable to Australian law only and are generic in nature. If you have any specific legal concerns relating to the impact of COVID-19 on your people or your business, please reach out to our pro bono team (ausprobono@nortonrosefulbright.com) and we will consider your pro bono legal request. If we aren’t able to help you, we will try to find someone else who can. This update is current as at 24 March 2020.
Obligations under WHS laws are in addition to whatever may be written in a contract between parties.
See below for links to general guidance issued by the Australian government and detailed and specific advice issued by overseas governments and other organisations.
Publication
Unannounced inspections or ‘dawn raids’ are used by antitrust authorities to obtain evidence when there are suspicions that individuals or businesses have infringed the antitrust rules.
Publication
The EU Foreign Subsidies Regulation, or FSR, is intended to prevent or remedy distortions of the EU internal market caused by “foreign” – meaning non-EU – subsidies benefitting companies active in the EU.
Publication
The English High Court has given its judgment in the legal battle between FW Aviation (FWA) and VietJet Aviation Joint Stock Company (VietJet). This case revolved around the enforcement of leasing agreements for four Airbus aircraft and the alleged interference by VietJet in the aircraft’s repossession in Vietnam.
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