The facility management space is highly dynamic in Victoria with serious competition from Aligned Leisure, Belgravia Leisure, Bluefit now entering the market and YMCA Victoria (listed alphabetically).
LSV would like to acknowledge and congratulate YMCA Victoria on a successful renewal of the Boroondara Leisure and Aquatic Facilities contract. The BLAF YMCA facilities engage LSV for In-service Training for all their Lifeguard and Duty Manager staff as well as monthly Mystery Guest Visits in each BLAF facility ensuring the highest standards of supervision and rescue.
LSV would also like to congratulate Belgravia Leisure on the successful awarding of the management contract for the new Rosebud Aquatic Centre for a five-year period. This tenure will include Belgravia Leisure supporting Council in the establishment and management of the day to day the operations of the state-of-the-art new aquatic and recreation facility.
Lastly, LSV would like to congratulate and acknowledge Aligned Leisure’s successful awarding of the recent contract to manage the new $47.5 million state of the art facility at Caulfield Grammar School. Aligned will be assisting the school in providing both a strong business model for aquatic facility management but also in ensuring on-going industry and compliance benchmarks are being achieved whilst delivering on the school’s mission and objectives.
Platinum Pool Program
LSV would like to congratulate and acknowledge the following facilities who demonstrated excellence in aquatic safety and were subsequently accredited or reaccredited as Platinum Pool.
The receipt of Platinum Pool accreditation is recognised as a sign of excellence within the Industry. For more information go to: http://lsv.com.au/platinum-pool-program/
LSV would like to thank Aflex Technology for their generous support of the Platinum Pool Program.
Public Training Updates
Public Training are pleased to be able to provide the course schedules for January-March 2020.
Please see them here:
An opportunity exists for a highly motivated individual to join the Life Saving Victoria Public Training team as a Trainer and Assessor. We seek a training professional with exceptional presentation skills, enthusiasm and passion for education to join our dedicated team. If you are a passionate facilitator with a strong foundation in Lifeguarding, we want you! To apply, please see here: https://lsv.com.au/careers/
Significant Changes to Safety Laws- Introduction of new workplace manslaughter offences – Victoria
The Workplace Safety Legislation Amendment (Workplace Manslaughter and other matters) Bill 2019 passed Parliament on 26 November 2019 and is expected to come into effect on a day to be proclaimed or, at the latest, 1 July 2020.
When will workplace manslaughter apply?
Workplace manslaughter applies when all of the elements of the offence are proven:
- the accused is a body corporate or a person who is not an employee or volunteer
- the accused owed the victim a duty of care pursuant to sections 21 to 24 or sections 26 to 31 of the OHS Act (this includes duties owed to employees, contractors and members of the public) (applicable duties)
- the accused breached that duty by criminal negligence in circumstances where there was a high risk of death, serious injury or serious illness
- the act that breached the duty of care was committed consciously and voluntarily
- the accused’s breach of the duty causes the victim’s death.
Workplace manslaughter may apply even when the death of the person occurs sometime after the relevant incident. For example, depending on the circumstances, if an employee develops an asbestos-related disease after an employer exposed them to asbestos without the use of adequate personal protective equipment.
Who can be charged with workplace manslaughter?
A person, a body corporate, an unincorporated body or association or a partnership, including government entities and officers of these entities (but not employees or volunteers), who owes applicable duties to ensure the health and safety of another person in the workplace, can be charged with Workplace Manslaughter.
However, in certain circumstances, officers of organisations may be charged if their organisation owes applicable duties:
- directors and secretaries of companies
- partners of a partnership or joint venture
- the trustee of a trust
- persons who participate in the making of decisions that affect a substantial part of the organisations business
- persons who have the capacity to affect significantly the organisations financial standing.
Voluntary and deliberate conduct is ‘negligent’ if it involves a great falling short of the standard of care that a reasonable person would have exercised in the circumstances and involves a high risk of death, serious injury or serious illness. It is a test that looks at what a reasonable person in the situation of the accused would have done in the circumstances. The test is based on existing common law principles in Victoria.
Negligent conduct can include a failure to act.
Examples of negligent conduct may include when a person:
- does not adequately manage, control or supervise its employees
- does not take reasonable action to fix a dangerous situation, in circumstances where failing to do so causes a high risk of death, serious injury or serious illness.
Causation: the conduct caused death
It must be established that it was the accused’s negligently criminal breach of the duty of care that caused the death. That is, his or her acts or omissions must have contributed significantly to the death, or been a substantial and operative cause of it. The acts or omissions must be such that an ordinary person would hold them, as a matter of common sense, to be a cause of the death. This is the existing common law test of causation.
If convicted of workplace manslaughter, the following maximum penalties apply:
- A maximum of 20 years imprisonment for individuals
- A maximum fine of $16.5 million for body corporates
Let us know if you have any Everyday Lifesavers in your networks or facilities that you work at and ensure that they are properly recognised for their actions.
Everyday Lifesavers are those people whose actions save the life of another. This could include the rescue of a person with a pre-existing medical condition/injury or stopping somebody from getting themselves into a dangerous situation before they require rescuing.
We are proud to support the Everyday Lifesaver campaign within the aquatics industry and are always excited to hear how facility staff and patrons are making a real difference in the community.
Workshops / Events
BLUE CONNECTIONS – SESSION 13
Date: Wednesday 18th December 2019
Time: 6:30pm for 7:00pm start
Location: Life Saving Victoria, 200 The Boulevard, Port Melbourne
Keynote Speaker: Dr Mark Connor
Topic: Reflection and Reset
To book head to https://www.trybooking.com/book/event?eid=474870&
Positive feedback for passionate people.