Industry

Government & Public Sector
WHS Expert Witness

Independent expert opinion on government and public sector WHS matters. Local councils, public liability in council facilities, education sector WHS, emergency services and public sector WHS prosecution. Plaintiff and defendant instructions accepted nationally.

Local GovernmentEducation SectorEmergency ServicesCouncil Liability
Industry Overview

Government and Public Sector Expert Witness Scope

Government and public sector bodies employ a large and diverse workforce across a wide range of activities, from administrative and professional work through to physically demanding and high-risk operations in emergency services, utilities, parks and infrastructure maintenance. The WHS obligations of government bodies are the same as those of private sector employers, and government bodies are regularly defendants in both workers' compensation and public liability proceedings.

Karim Ali provides expert opinion on public sector WHS matters for plaintiff and defendant solicitors and insurers. Instructions are accepted in matters involving local councils, state government agencies, universities and schools, emergency services organisations and public utility operators. Both workers' compensation and public liability matters are accepted nationally.

Local Government

Local Government and Council WHS Duties

Local councils are among the most frequently litigated public sector bodies in WHS and public liability proceedings. They employ large numbers of workers in parks, roads, pools and waste management, and their public facilities are used by large numbers of members of the public who may be injured by unsafe conditions.

Common council matters include slip and fall injuries in council pools, parks and civic spaces, worker injuries in council depots and works yards, injuries from trees and infrastructure in council-managed public spaces, and contractor management failures in council capital works programs. See the slips and falls expert page for detailed analysis applicable to council premises liability matters.

Crown Immunity

While Crown immunity from WHS prosecution has been significantly reduced across Australian jurisdictions, some procedural differences remain in how prosecutions are brought against government bodies. The expert analysis addresses the substantive WHS obligations without regard to these procedural differences, which are matters of law for the court.

Education Sector

Education Sector WHS Obligations

Schools and universities owe WHS obligations both to their employees and, under public liability law, to the students and visitors who attend their facilities. Education sector matters commonly involve slip and fall injuries to students on school grounds, manual handling and psychosocial injuries to teachers and support staff, laboratory and workshop incidents in vocational and science education, and contractor management failures in school maintenance and construction programs.

  • Slip and fall injuries to students, staff and visitors on school and campus grounds
  • Manual handling injuries to teachers and support staff
  • Psychosocial hazard claims from teachers experiencing workload and conflict
  • Laboratory and workshop safety incidents in vocational and science education
  • Sport and physical education injuries involving WHS obligations
Emergency Services

Emergency Services WHS

Emergency services workers including police, firefighters and paramedics face distinctive WHS challenges including exposure to physical violence and aggression, traumatic events and psychological injury, physically demanding work in uncontrolled environments and exposure to hazardous substances. The psychosocial hazard obligations are particularly relevant to emergency services matters given the high rates of post-traumatic stress and psychological injury in this workforce.

Expert opinion in emergency services matters addresses the employer's obligations to manage the specific WHS risks of emergency operations, including the adequacy of psychological support systems, the management of traumatic incident exposure, and the occupational violence and aggression management obligations applicable to police and paramedic work.

Instruct on a Government Sector Matter

Contact Karim Ali to discuss the matter, confirm availability and obtain a fee estimate.