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.

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.

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 operators
• How regulators assess safety cases as a "license-to-trade" rather than sign-off approval
• Why documenting decisions—especially what you've chosen not to do—is crucial
• The importance of living documents and regularly revisiting safety governance
• Aligning legal, design, and commercial pressures through proper due diligence

They 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.

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 SFAIRP

They 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.

In this final episode of Season 5, due diligence engineers Richard Robinson and Gaye Francis conclude their theme of difficult conversations engineers need to have as well as discuss Engineering for Communities.

They explore how engineering should focus on improving rather than maintaining the status quo, and the concerning trend of engineers being sidelined in critical decision-making processes.

The discussion includes:

• How councils and planning decisions have become "de-engineered"
• The importance of due diligence beyond just health and safety - extending to environmental protection and project management
• Why engineers seem to have "vacated the field" in many areas, leaving non-technical decision-makers to handle complex problems
• The need for validation, verification, and challenging assumptions rather than blindly applying Standards
• How proper due diligence can demonstrate governance and protect communities, workers, and the environment
• Due diligence is an ongoing process requiring continuous thinking and adaptation as technology and circumstances change.

The also discuss their confusion how anyone could they're a designers and not demonstrate due diligence irrespective of what the WHS/OHS legislation says and that they’re setting themselves up for a fall.

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

In this episode of "Risk! Engineers Talk Governance," due diligence engineers Richard Robinson and Gaye Francis revisit the fundamentals of engineering due diligence in response to listener feedback about confusion between risk, assurance and diligence.

The discussion covers how R2A became specialised in due diligence engineering through their expert witness work, where they learned that due diligence serves as a defense against negligence with two key components: having reasonable control in place and taking all reasonable steps to protect against foreseeable harm.

Richard explains their decision to move away from quantified risk assessments using target risk levels, as this cannot adequately demonstrate due diligence. Instead, R2A advocates for a top-down approach that identifies critical issues, evaluates available controls, and determines what's reasonable in the circumstances.

They clarify that while due diligence obligations are explicitly stated for corporate officers in workplace safety legislation, all professional engineers have an implied duty to demonstrate due diligence as part of their professional responsibilities, and emphasise that simply following regulator approval doesn't guarantee protection from negligence claims. Engineers must take a holistic approach rather than relying solely on Standards or regulatory compliance.

The books they mention are:

• For Directors: Criminal Manslaughter, How Not To Do It https://www.r2a.com.au/store/p/r2a-criminal-manslaughter-directors-booklet

• For Engineers: Risk Management & Negligence; Due diligence Essentials for Engineers https://www.r2a.com.au/store/p/due-diligence-essentials-engineers-booklet

For further information on Richard and Gaye’s consulting work with R2A, head to https://www.r2a.com.au.

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

In this episode of Risk! Engineers Talk Governance, due diligence engineers Richard Robinson and Gaye Francis tackle the growing problem of organisational silos and their impact on due diligence and explore how siloed thinking undermines efforts across various domains—from safety, projects and regulatory compliance.

Drawing from decades of industry experience, Richard traces the evolution of risk engineering. They then discuss the need for integrating expertise across the entire organisation to achieve genuinely diligent solutions that satisfy all stakeholders.

Through real-world examples including waterfront safety designs in New Zealand and the Space Shuttle Challenger disaster, they demonstrate how breaking down silos leads to better outcomes.

They also emphasise that while the R2A due diligence process isn't "rocket science," it requires structured thinking and inclusive facilitation to bring disparate perspectives together.

This episode refers to their previous discussion about being "relevant, reasoned and concise" (S5 Ep7), offering practical insights on how organisations can overcome the silo mentality to demonstrate due diligence across all operations.

For further information on Richard and Gaye’s consulting work with R2A, head to https://www.r2a.com.au.

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