The eighth class for this running of Professional Practice was conducted on Wednesday the 13th of September, 2017 from 2:30pm to around 5:30pm. The class was divided into two parts: a discussion on Alternative / Appropriate Dispute Resolution and a discussion on Surveyors and OHS.
Part One: Alternative / Appropriate Dispute Resolution (ADR)
The first part of the class was conducted by Rebecca, a lecturer at the university and a qualified barrister. Rebecca discussed Alternative / Appropriate Dispute Resolution (ADR). ADR is a method of resolving disputes without going to court and potentially avoiding the need for legal representation. As one might imagine, this can reduce the costs incurred by parties on both sides of a dispute.
Rebecca explained that ADR was for the benefit of both parties, not only for the financial advantage that it afforded, but also due to the fact that it is intended to facilitate an agreement between the disputing parties, whereas court battles in Australia are based on the “adversarial system” (resulting in a winner and a loser). This means that both sides of the argument are more likely to be able to continue coexisting with one another after the dust has settled. As described in the presentation, this allows disputing neighbours to go back home and continue to live on the same street without the stress of living next door to someone who is upset with them.
This presentation, although informative, has no direct bearing on my life or work. At some point in the future, I may become involved in a legal dispute or advising someone who is, and I will try to remember that ADR is an option in case no legal advice is sought.
Links
Victoria Legal Aid – Dispute resolution
Victorian Bar – Alternative Dispute Resolution
Part Two: Surveyors and OHS
The second speaker, Leo, spoke about Occupational Health and Safety (OHS). In particular, he spoke about OHS for surveyors out in the field. Generally speaking, OHS is the practice of (and legislative requirement for) conducting business in such a way as to minimise (or ideally eliminate) the risk to worker health and safety. Leo made a few good points throughout his presentation, which lined up with my thoughts on OHS.
One of the big points that Leo made that I will take forward with me is that “you have to look after you”, and that you should assume that everyone else is just “ticking the box”. There is a lot of bureaucracy surrounding OHS, so it can be tempting for some people to forget that its purpose is to prevent human beings from getting injured or killed. Each individual should vigilantly take care of themselves while at work, rather than assuming that someone else has done/is doing their job properly.
I came close to injury once when a forklift driver backed into a void in a slab, nearly tipping the forklift. I didn’t move because it happened quickly and I assumed that he knew what he was doing. In retrospect, he was an idiot, and I was lucky that it didn’t turn out worse.
Another point made during the presentation was that the company responsible for an injured worker will need to prove that they were doing the right thing if someone dies/gets hurt. What I take from this is that, even if you did want to “tick the box” for safety, doing it properly is the simplest and most effective way to satisfy the rules easily.
People are people. They may disregard signs and/or controls. If you assume that everyone is tired/sick/not concentrating/prone to getting bored/complacent, they you may be able to prevent disasters and keep your business out of trouble.
Leo was an effective speaker. I found him convincing of his authority on the matter, and also entertaining. He frequently used appeals to fear throughout his presentation, which I generally find a bit on-the-nose, but I feel that he used it in an entertaining way.
Links
WorkSafe Website
The Professional Practitioner 