In this episode of Risk! Engineers Talk Governance, due diligence engineers Richard Robinson and Gaye Francis discuss the complications of Safety Legislation & Planning Law. Drawing on their extensive experience across multiple Australian jurisdictions—including Victoria, New South Wales, Queensland, and federal government projects—Richard and Gaye discuss the challenges engineers and designers face when navigating competing legislative requirements. They examine why Work Health and Safety (WHS) legislation doesn't always take precedence in planning decisions, despite common assumptions, and how this creates significant complications for professionals trying to ensure safe outcomes. For further information on Richard and Gaye’s consulting work with R2A, head to https://www.r2a.com.au, where you’ll also find their booklets (store) and a sign-up for their quarterly newsletter to keep informed of their latest news and events.Gaye is also founder of Australian women’s safety workwear company Apto PPE https://www.aptoppe.com.au.
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Safe Work Australia's Best Practice Review of Model WHS Act & Regulations
In this episode of Risk! Engineers Talk Governance, due diligence engineers Richard Robinson and Gaye Francis discuss Safe Work Australia's review of the model Work Health and Safety (WHS) Act & Regulations, and R2A’s submission response. Key points include:Contradictions between the WHS legislation, regulations, and common law requirements, particularly for designers and engineers. Concerns around the hierarchy of controls and how they are interpreted by regulators.Inconsistencies in how the WHS legislation is implemented across different jurisdictions.Misalignment between WHS legislation and planning laws, creating challenges in integrating safety considerations early in the design process.The discussion highlights the need for greater clarity and consistency in the legal framework governing workplace health and safety, to ensure effective implementation, especially for designers and engineers.More information on the review is available at https://consult.swa.gov.au/best-practice-review. Submissions close 3 November 2025. Tickets are (currently) available for our Live Forum on 21 October 2025 “Preventing Criminal Manslaughter – Understanding & Implementing SFAIRP” via https://www.eventbrite.com.au/e/preventing-criminal-manslaughter-understanding-implementing-sfairp-tickets-1653602251849. For further information on Richard and Gaye’s consulting work with R2A, head to https://www.r2a.com.au, where you’ll also find their booklets (store) and a sign-up for their quarterly newsletter to keep informed of their latest news and events. Gaye is also founder of Australian women’s safety workwear company Apto PPE https://www.aptoppe.com.au.
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Rail Safety National Law Pressures & the SFAIRP Approach
In this episode of Risk! Engineers Talk Governance, due diligence engineers Richard Robinson and Gaye Francis answer a listener’s question on the Pressures of Rail Safety National Law and the SFAIRP Approach.They explain how WHS/OHS legislation takes precedence over the Rail Safety National Law, clarify the "no double jeopardy" principle, and discuss how Australia's federal system led to harmonised rail safety legislation.Their discussion also covers:The SFAIRP (So Far As Is Reasonably Practicable) approach and what it means for operatorsHow regulators assess safety cases as a "license-to-trade" rather than sign-off approvalWhy documenting decisions—especially what you've chosen not to do—is crucialThe importance of living documents and regularly revisiting safety governanceAligning legal, design, and commercial pressures through proper due diligenceThey finish by stating that while the regulatory landscape is complex, the due diligence process itself is straightforward: maintain robust governance, engage the right stakeholders, document your reasoning, and keep processes current as circumstances change. If you’d like to meet Richard & Gaye live, tickets are available (in Melbourne & online) for their Live Forum on 21 October 2025 “Preventing Criminal Manslaughter – Understanding & Implementing SFAIRP” can be found via https://www.eventbrite.com.au/e/preventing-criminal-manslaughter-understanding-implementing-sfairp-tickets-1653602251849.For further information on Richard and Gaye’s consulting work with R2A, head to https://www.r2a.com.au, where you’ll also find their booklets (store) and a sign-up for their quarterly newsletter to keep informed of their latest news and events.Gaye is also founder of Australian women’s safety workwear company Apto PPE https://www.aptoppe.com.au.
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SFAIRP Complexity & Pressures for Stakeholders
In this first episode of Season 6 of Risk! Engineers Talk Governance, due diligence engineers Richard Robinson and Gaye Francis discuss the pressures and complexities different stakeholders are having with SFAIRPThey follow on from the theme of Season 5, “Difficult Conversations Engineers Need to Have”, how it generated discussions and comments, and determined holding an in person event with speakers from different perspectives and professional backgrounds - a lawyer, an architect, and two engineer. Richard and Gaye highlight the need for a cooperative and collaborative approach among stakeholders, rather than a competitive one, in order to effectively implement SFAIRP. They also examine the challenges that arise when the commercial imperative conflicts with safety considerations, how independent consultants can facilitate these difficult conversations around SFAIRP, and reinforce the importance of all key stakeholders to be involved. Details and tickets (Melbourne & online) for R2A’s Live Forum on 22 October 2025 “Preventing Criminal Manslaughter – Understanding & Implementing SFAIRP” can be found via https://www.eventbrite.com.au/e/preventing-criminal-manslaughter-understanding-implementing-sfairp-tickets-1653602251849. For further information on Richard and Gaye’s consulting work with R2A, head to https://www.r2a.com.au, where you’ll also find their booklets (store) and a sign-up for their quarterly newsletter to keep informed of their latest news and events.Gaye is also founder of Australian women’s safety workwear company Apto PPE https://www.aptoppe.com.au.
In this special episode of Risk! Engineers Talk Governance, due diligence engineers Richard Robinson and Gaye Francis preview their upcoming live forum event on "Preventing Criminal Manslaughter - Understanding & Implementing SFAIRP (So Far As Reasonably Practicable)". The event will feature presentations from a lawyer, Joseph Coleiro, and an architect, Dr. Frank Stoks, along with the hosts Richard Robinson and Gaye Francis, with the focus on exploring the legal obligations and practical challenges around the concept of SFAIRP, which is a key requirement in health and safety legislation.Topics to be discussed include the relationship between the laws of nature and the laws of man, the complexities of health and safety laws, and the balance between safety requirements and other project considerations like cost and usability.The forum aims to foster a thought-provoking discussion and debate on these issues, drawing on our diverse expertise. Questions will also be taken from the audience.Tickets for the Live Forum on 22 October 2025 are available for both in person (Melbourne) and online via https://www.eventbrite.com.au/e/preventing-criminal-manslaughter-understanding-implementing-sfairp-tickets-1653602251849 For further information on Richard and Gaye’s consulting work with R2A, head to https://www.r2a.com.au, where you’ll also find their booklets (store) and a sign-up for their quarterly newsletter to keep informed of their latest news and events.Gaye is also founder of women’s safety workwear company Apto PPE if you’d like to check out the garments at https://www.aptoppe.com.au.
Due Diligence and Risk Engineers Richard Robinson and Gaye Francis discuss governance in an engineering context.Richard & Gaye are co-directors at R2A and have seen the risk business industry become very complex. The OHS/WHS 'business', in particular, has turned into an industry, that appears to be costing an awful lot of organisations an awful lot of money for very little result. Richard & Gaye's point of difference is that they come from the Common Law viewpoint of what would be expected to be done in the event that something happens. Which is very, very different from just applying the risk management standard (for example). They combine common law and risk management to come to a due diligence process to make organisations look at what their risk issues are and, more importantly, what they have to have in place to manage these things.Due diligence is a governance exercise. You can't always be right, but what the courts demand of you is that you're always diligent
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