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PUN301 Occupational Health and Safety Law and Policy : Rules and Relevant Law

Task:

Provide researched and appropriately referenced responses in the Issue, Rule, Application, and Conclusion (IRAC) format to elements of the case study appended, and answer key questions related to the specific case.
 
The scenario appended is hypothetical and was kindly provided by Harold Downes from Mills Oakley, who is also a QUT Industry Fellow.
Assessment Item 2 requires responses to four (4) issues (IRAC format) and two (2) questions related to the case. The purpose of the IRAC-type responses and your answers to the the specific questions is to offer students the opportunity to examine a case and provide informed opinion in the context of OHS Law and Policy.
 
This assessment piece is NOT a Report, and it is NOT an Essay. Therefore, the style of your document will be different from that of typical assignments. Do not add a summary/abstract and introduction section. After the title page, follow the IRAC format per element provided below and answer the questions by using the elements and questions as main headings of your document. Your document must end with the list of references.
After reading and understanding the scenario, your response will cover each of the elements 1a-d below separately (IRAC format) and answer the questions 2a-b:
1. IRAC elements
a. Issues arising between Builder/PC and the Regulator
b. Issues arising between Builder/PC and Developer
c. Issues arising between Builder/PC and Roof Anchor Company
d. Issues arising between Builder/PC and HRU
 
2. 
a. What should be done about the Improvement Notice?
b. What did Builder/PC need to do when the incident occurred in respect of the particular project and other projects that were in progress and those that had been completed?
 
IRAC guidance 
Issue : Provide the details of any issue(s) involving the specific parties by referring to the most relevant area(s) of law that governs the situation. This could relate to statute law, civil law or common law principle. Do not use and cite case law and specific sections/verses of legislation in this part. You only need to make the first connections between the issue and law areas/principles.
 
Rules and Relevant Law (about 50 words): Identify and establish the legal principles (e.g., specific sections/verses of legislation or areas of common law) that are applicable and you will use to address the issue(s). Here, you must use specific sections/verses of legislation. Mind that each element might require consultation with different pieces of legislation. Do not refer to case law and any academic  and industry references in this part.
 
Application : Clearly explain why there is any legal issue that requires addressing per identified key party involved. Support your answer with legal principles, case law and academic and industry references.
Conclusion : Taking an independent view, choose the key argument you have identified that you feel strongest to support your conclusive opinion. Explore how any of the parties involved could have better managed any risks or issues to avoid the legal issue you identified.
 
Guidance on the specific questions 
You responses to each of the two questions must describe which parts of law are relevant and how they apply, can include academic and industry references and must conclude with a clear and substantiated answer
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