Occupational Health and Safety Act 2000, NSW The Occupational Health and Safety Act 2000 (the Act) is the main piece of legislation setting out a worker’s right to a safe and healthy working environment. The Act and the Regulation apply to all premises where people work. The Act places a legal obligation on employers to provide a safe environment for all employees, contractors and workplace visitors. The new legislation provides some new directions for employers including increased emphasis on: –providing for consultation and co-operation between employers and employees in achieving the objects of this act –ensuring risks to health and safety at a place of work are identified, assessed and eliminated or controlled –developing and promoting community awareness of occupational health and safety issues

NSW Guidance "Prevention of Violence in Schools and TAFE NSW Colleges -- Provision of information to staff on students with a history of violence", January 28, Memo from Assistant Director General Dr Alan Laughlin The memo requires that: "Where a student enrolling in a school, TAFE college or DET facility has a history of violence, the principal, college director or senior officer should provide staff who may be affected with all relevant information available to DET to enable the school to assess the application for enrolment and to prepare for the arrival of the student. This would include assistance with the preparation of a plan to manage the risk of recurrences of such behaviour."

NSW Guidance "Prevention of Violence in Schools and TAFE NSW Colleges – Memo from Assistant Director General Dr Alan Laughlin The memo goes on to state that: “The issue of privacy cannot prevent the revealing of information as the OH&S legislation over rides that of the privacy legislation. Teachers should deal with this information (that which relates to OH&S concerns) sensitively but it cannot be refused on the basis of privacy.”

The DDA and Behaviour Automatic application of a standard penalty – such as suspension for fighting or other disruptive behaviour – may not always be reasonable where a disability has caused the behaviour. There may also be an issue of whether a requirement has been imposed which the student cannot or chooses not to comply with. Disability Standards for Education 2004

Review of the Mental Health Act – July 2004 The objects are designed to set a balance between an individual’s need to receive appropriate care and treatment for their illness and their rights to liberty and self-determination.

Review of the Mental Health Act – July 2004 The concept of “least restrictive environment” is well established in mental health law, being recognised in both the United Nation’s Principles For The Protection Of Persons With Mental Illness and the Model Mental Health Legislation developed for Australian governments. The principle is not intended to operate as an overriding obligation, and is required to be balanced against other considerations. Thus the NSW Act qualifies the provision, requiring it to be the least restrictive environment in which the “best possible care and treatment … can be effectively given”.

Charter for Mental Health Care in NSW –Every person in NSW has the right to mental health services that: Respect human rights. Are compassionate and sensitive to the needs of the individuals they serve. Provide care in the least restrictive environment, consistent with treatment requirements.

Mental Health Issues 'Preparedness is the key to eliminating or minimizing workplace violence incidents. Prudent employers should identify the potential risks of workplace violence in the specific operations and prepare beforehand to address specific needs during crisis times. Without a pre- plan and preparation for a workplace violence incident, when and if a situation arises, management and employees will have virtually no knowledge or ability to property react to the situation and will simply be "running around like a chicken with its head cut off, which can result in additional harm or damage' (Schneid, 1998: 23) TASKFORCE ON THE PREVENTION AND MANAGEMENT OF VIOLENCE IN THE HEALTH WORKPLACE Discussion Paper No