QUOTE EXTRACT : But we are lucky in that about 12 of the 15 top Jobs in the Liberal Party are held by LLBs. ‘White collar’ crime should now diminish rapidly. YOU POOR BUGGER, IF YOU BELIEVE LLB'S IN THE PARTY ARE THERE TO FIGHT WHITE COLLAR CRIME YOU ARE LIVING IN A FOOLS PARADISE. IN MY EXPERENCE THEY WILL BE THERE TO PROTECT THE CRIME BOSSES WHO NO DOUBT WEAR "BLUE SUITS". REMEMBER YOUR OWN MR ELLIOT , ONE TIME PORTRAYED AS THE NEXT LEADER, WHO BETTER TO LEAD THE COUNTRY THAN SUCH AN ASTUTE BUSINESSMAN. TWO OF HIS MEN WENT TO JAIL FOR DOING HIS BIDDING AND HE GETS OFF ON A TECHNICAL POINT AND LIVES A LIFE OF LUXURY AS MR SQUEAKY CLEAN. COME ON. I HAVE THE UTMOST SYMPATHY FOR YOU AND YOUR MATES, BUT ALL I CAN SAY IS WELCOME TO THE PEASANT CLASS, WHOSE SOLE PURPOSE IN LIFE IF YOU WERE TO READ HISTORY IS TO WORK HARD GET AS MUCH ASSETS TOGETHER AS YOU CAN BY WORKING DAY AND NIGHT AND WHEN YOU ARE READY TO BE PICKED AND PLUCKED THE Y WILL MOVE AND WHEN YOU COMPLAIN YOUR LLB CLASS WILL MOVE TO PROTECT THEM AND ALL YOU WILL BE LEFT WITH IS A MENTALLY RAPED MIND. YOU WILL BE LIKE ME ,HAVING YEARS OF NIGHTMARES AND COLD SWEATS. WE WERE RAISED TO BELIEVE IN THE "RULE OF LAW" AND WE BELIEVED THAT IF YOU BROKE THE LAW YOU WOULD BE PUNISHED AND SO WOULD EVERYONE ELSE. ITS A BIT OF A RUDE AWAKENING ISN'T IT MATE TO COME TO THE REALIZATION THAT IT LOOKS LIKE THERE IS A LAW FOR THEM AND A LAW FOR US, UNBELIEVABLE AH? WELL HOPEFULLY FOR YOUR SAKE AND YOUR FAMILY'S SAKE THIS REALIZATION DOESN'T BEND YOUR BRAIN TO THE POINT THAT YOU RESORT TO BLOWING IT OUT. HAVE A LOOK AT THE WORK PLACE HEALTH AND SAFETY ACT. NO ONE IN A WORKPLACE CAN DO AN ACT OR MAKE A DECISION THAT CAUSES ANY PERSON HARM EITHER PHYSICAL OR MENTAL BY THEIR DECISIONS. HAVE A READ, THIS MAY GIVE YOU AN INSIGHT INTO THE IMPLICATIONS OF THIS ACT AND HOW ANY PERSON WHO MAKES A DECISION PREJUDICIAL TO ANOTHER PERSON OR GROUP OF PERSONS CAN BE HELD LIABLE FOR THE REST OF THEIR LIVES. ONE ONLY HAS TO WORK IN A "PLACE" TO TRIGGER THEIR LIABILITY. YOU REALLY DON'T HAVE TO BUILD ANYTHING, ITS THE ACT OF MAKING A DECISION !!!!!!!! NEXT HURDLE, TRY AND GET YOUR BELOVED LLB LIBERAL CLASS TO ENFORCE THIS ONE AGAINST THEIR "MATES" COME BACK TO ME ANY TIME, IF YOU WANT TO TALK 07 4032 1272 COL HUBNER MAREEBA SHIRE CITIZENS FOR RESPONSIBLE WASTE MANAGEMENT WITHOUT PREJUDICE Friday, May 26, 2000 The following act sets out the Common Law in relation to the actions of certain persons in relation to the decision making process. Queensland WORKPLACE HEALTH AND SAFETY ACT 1995 Reprinted as in force on 2 February 1998 (includes amendments up to Act No. 58 of 1997) Reprint No. 3 This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning�This reprint is not an authorised copy :Comments indented and in Italic: Extracts from the Workplace Health and Safety Act: Act binds all persons 4. This Act binds all persons, including the State and, so far as the legislative power of the Parliament permits, the Commonwealth and the other States. � : Any person making a decision is bound by the Act What does this Act apply to? 5. This Act applies to all workplaces, workplace activities and specified high risk plant. � : The Act in the definitions sets out place as: "place" includes land, a building, another structure or installation, a road, a vehicle, a tent or marquee, or any other place (even if the place is in a natural or undeveloped state) whether the place is on or under the water or on the bed of any waters. Who does this Act apply to? 6. This Act applies to� (a) everyone who may affect the health and safety of others because of workplaces, workplace activities or specified high risk plant; and (b) everyone whose health and safety may be affected by workplaces, workplace activities or specified high risk plant. ? � :Making a decision to construct a Building, a Structure or a thing will have an affect on not only the persons involved in the constructing and operating , as a result of that decision, but also on the people where that construction, operation, or the impacts of the construction, or operation has the potential to impact on their lives, the value of their assets or could be of detriment to their wellbeing. Objective of Act 7.(1) The objective of this Act is to prevent a person�s death, injury or illness being caused by a workplace, by workplace activities or by specified high risk plant. :If the impact or detriment to a person is, as a result of a workplace activity, but the affected persons location is outside the workplace where the activity took place, because the activity originated in a workplace, the object of the Act applies Quote: " The objective of this Act is to prevent a person�s death, injury or illness being caused by a workplace". Unquote. Discharge of obligations 24.(1) A person on whom a workplace health and safety obligation is imposed must discharge the obligation. Maximum penalty� (a) if the breach caused death or grievous bodily harm�800 penalty units or 2 years imprisonment; or (b) if the breach involved exposure to a substance that is likely to cause death or grievous bodily harm�500 penalty units or 1 year imprisonment; or (c) if the breach caused bodily harm�500 penalty units or 1 year imprisonment; or s 24A 21 Workplace Health and Safety Act 1995 s 25 (d) otherwise�400 penalty units or 6 months imprisonment. (2) Subsection (1) applies despite Criminal Code, sections 23 and 24. 4 :Self explanatory Quote " A person on whom a workplace health and safety obligation is imposed must discharge the obligation" Unquote. "public administration industry" means any of the following� (a) the Queensland Fire Service; (b) the Queensland Police Service; (c) judicial bodies; (d) political parties; (e) state or local governments. : The Act clearly binds state or local governments Responsibility for acts or omissions of representatives 166.(1) In this section� "representative" means� (a) of a corporation�an executive officer, employee or agent of the corporation; or (b) of an individual�an employee or agent of the individual. "state of mind" of a person includes� (a) the person�s knowledge, intention, opinion, belief or purpose; and (b) the person�s reasons for the intention, opinion, belief or purpose. (2) Subsections (3) and (4) apply in a proceeding for an offence against this part. (3) If it is relevant to prove a person�s state of mind about a particular act or omission, it is enough to show� (a) the act was done or omitted to be done by a representative of the person within the scope of the representative�s actual or apparent authority; and (b) the representative had the state of mind. (4) An act done or omitted to be done for a person by a representative of the person within the scope of the representative�s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable diligence, have prevented the act or omission. � : The term "representative" means� (a) of a corporation�an executive officer, employee or agent of the corporation Executive officers must ensure corporation complies with Act 167.(1) The executive officers of a corporation must ensure that the corporation complies with this Act. (2) If a corporation commits an offence against a provision of this Act, each of the corporation�s executive officers also commits an offence, namely, the offence of failing to ensure that the corporation complies with the provision. Maximum penalty for subsection (2)�the penalty for the contravention of the provision by an individual. (3) Evidence that the corporation has been convicted of an offence against a provision of this Act is evidence that each of the executive officers committed the offence of failing to ensure that the corporation complies with the provision. (4) However, it is a defence for an executive officer to prove� (a) if the officer was in a position to influence the conduct of the corporation in relation to the offence�the officer exercised reasonable diligence to ensure the corporation complied with the provision; or (b) the officer was not in a position to influence the conduct of the corporation in relation to the offence. : This section clearly sets out that not only is each Executive officer responsible for their own action or in-action , they are also responsible for the action or in-action of any person associated with the corporation. Quote section 166.(1) ""representative" means� (a) of a corporation�an executive officer, employee or agent of the corporation; or (b) of an individual�an employee or agent of the individual". Unquote. � False or misleading statements 171.(1) A person must not� (a) state anything to a board of inquiry, the chief executive or an inspector the person knows is false or misleading in a material particular; or (b) omit from a statement made to a board of inquiry, the chief executive or an inspector anything without which the statement is, to the person�s knowledge, misleading in a material particular. Maximum penalty�30 penalty units. (2) It is enough for a complaint against a person for an offence against subsection (1) to state that the statement made was false or misleading to the person�s knowledge. � False, misleading or incomplete documents 172.(1) A person must not give a board of inquiry, the chief executive or an inspector a document containing information the person knows is false, misleading or incomplete in a material particular. Maximum penalty�30 penalty units. (2) Subsection (1) does not apply to a person if the person, when giving the document� (a) tells the board, chief executive or inspector, to the best of the person�s ability, how it is false, misleading or incomplete; and (b) if the person has, or can reasonably obtain, the correct information�gives the correct information. (3) Also, a person must not make an entry in any document required or permitted to be made or kept under this Act knowing the entry to be false, misleading or incomplete in a material particular. Maximum penalty�30 penalty units. (4) It is enough for a complaint against a person for an offence against subsection (1) or (3) to state that the document or entry made was false, misleading or incomplete to the person�s knowledge. : The same process is applicable for sections 171and 172, as for the previous section. SCHEDULE 3 ? DICTIONARY section 8 "civil construction work" means work to� (a) construct a road or highway or erect associated works; or (b) construct a railway or erect associated works; or (c) construct or erect a harbour or associated works; or (d) construct or erect a water storage or supply system or associated works; or (e) construct a sewerage or drainage system or associated works; or (f) construct or erect an electricity or gas generation, transmission or distribution structure or associated works; or (g) construct a park or recreation ground, including, for example, a golf course, playing field, racecourse or swimming pool or associated works; or (h) erect a telecommunications structure or associated works; or (i) construct production, storage and distribution facilities for heavy industry, refineries, pumping stations, or mines or associated works; or (j) construct or structurally alter a bridge or associated works; if the estimated final price of the work at practical completion is more than $40 000 or another amount prescribed by regulation. � Queensland Workplace Health and Safety Act 1995 WORKPLACE HEALTH AND SAFETY REGULATION 1997 Reprinted as in force on 15 January 1999 (includes amendments up to SL No. 318 of 1998) Reprint No. 1B This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning�This reprint is not an authorised copy SCHEDULE 3 ? DICTIONARY "place" includes land, a building, another structure or installation, a road, a vehicle, a tent or marquee, or any other place (even if the place is in a natural or undeveloped state) whether the place is on or under the water or on the bed of any waters. : The Act covers land, a building, another structure or installation, a road, a vehicle, a tent or marquee, or any other place "use" of a hazardous substance or lead includes handling, production, storage, movement and disposal of the substance or lead, but does not include the carriage of a substance covered by the ADG Code or the International Maritime Dangerous Goods Code.116 : The Act specifies use of a hazardous substance as movement and disposal of the substance : The following are for clarification and set out the general specification's for evidence that will have to be collated for presentation of the argument against the facility (Regional Waste Management Facility at Springmount. "MSDS", for a hazardous substance or lead, means a material safety data sheet for the substance or lead given to the person by the substance�s or lead�s supplier. "national exposure standard", for asbestos, a contaminant, a hazardous substance or lead, means the exposure standard for the asbestos, contaminant, hazardous substance or lead stated in the Adopted National Exposure Standards for Atmospheric Contaminants in the Occupational Environment contained in NOHSC�s document entitled �Exposure Standards for Atmospheric Contaminants in the Occupational Environment�. "national standard" means the National Occupational Health and Safety Certification Standard for Users and Operators of Industrial Equipment� (a) declared by NOHSC under part VI of the National Occupational Health and Safety Commission Act 1985 (Cwlth); and (b) published by the Australian Government Publishing Service. "NICNAS summary report" means a summary report under the Industrial Chemicals (Notification and Assessment) Act 1990 "public administration industry" means any of the following� (a) the Queensland Fire Service; 115 NICNAS summary reports refer only to pure substances and are available from the Australian Government Publishing Service. 158 Workplace Health and Safety Regulation 1997 SCHEDULE 9 (continued) (b) the Queensland Police Service; (c) judicial bodies; (d) political parties; (e) state or local governments. "transport and storage industry" means an industry involved in any of the following� (a) passenger or freight transport; (b) providing terminal facilities for passengers or freight; (c) operating airports; (d) selling or leasing aircraft or ships; (e) motor vehicle parking; (f) motor vehicle rental; (g) stevedoring; (h) harbour or navigation services; (i) booking, forwarding, crating, storage or custom agency services; (j) operating oil or gas pipelines. "type 1 ingredient" of a substance means an ingredient present in the substance in a concentration more than the ingredient�s concentration cut-off level stated in the approved criteria and� (a) described in the approved criteria as� (i) carcinogenic, corrosive, mutagenic, teratogenic, toxic or very toxic; or (ii) a respiratory or skin sensitiser; or (iii) a harmful substance capable of causing a person an irreversible adverse health effect after acute exposure; or (iv) a harmful substance capable of causing serious damage to a person�s health after repeated or prolonged exposure; or (b) listed, and having an exposure standard stated, in the Adopted National Exposure Standards for Atmospheric Contaminants in 162 the Occupational Environment contained in NOHSC�s document entitled �Exposure Standards for Atmospheric Contaminants in the Occupational Environment�. "type 2 ingredient" of a substance means an ingredient (other than an ingredient mentioned in the definition "type 1 ingredient", paragraph (a)) present in the substance� (a) in a concentration more than the ingredient�s concentration cut-off level stated in the approved criteria; and (b) described in the approved criteria as a harmful substance. "type 3 ingredient" of a substance means an ingredient (other than a type 1 or type 2 ingredient) present in the substance. ---------------------------------------------------------------- This is the Neither public email list, open for the public and general discussion. To unsubscribe click here Mailto:[EMAIL PROTECTED]?Subject=unsubscribe To subscribe click here Mailto:[EMAIL PROTECTED]?Subject=subscribe For information on [EMAIL PROTECTED] http://www.neither.org/lists/public-list.htm For archives http://www.mail-archive.com/[email protected]
