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Writing reports about legal issues

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Presentation on theme: "Writing reports about legal issues"— Presentation transcript:

1 Writing reports about legal issues
PUN363 - Environmental Health Law

2 Assignment Both scenarios are realistic examples of the work you may do. Therefore, do well so you can use it as an example of your work in interviews. Both scenarios are equally complex. EH scenario: PH laws, EP laws, LLs, writing reports about legal issues, investigation skills, choosing regulatory action, etc. Focus: responding to issues and potential offences to get the best outcome. HSE (OHS) scenario: PH laws, EP laws, LLs, writing reports about legal issues, communicating to gain corporate compliance, etc. Focus: proactive, ideally to identify and manage relevant issues to prevent problems or non-compliances.

3 Report Logical order and structure Accurate Concise Structure:
Background Overview / summary of issues Detailed explanation Recommendations Conclusion

4 Concise writing and efficient use of tables and appendices is necessary.
The Council area is specified so you can look at relevant local laws. Note: SPA issues are dealt with by the Town Planner, etc. Remember to include any organisational risks/issues and potential management strategies. Reference legislation correctly (module 1).

5 Resources Blackboard: Example notices
Recordings of on-campus workshop session Modules etc.

6 Explain What are the key points / issues?
What are the potential environmental health issues? Which legislation applies? What legislative requirements apply to each issue? What action do you recommend? Why?

7 Activity from workshop
Develop the structure for a report for senior management regarding potential environmental health issues associated with the development. Town planning, building, plumbing and other compliance issues are not considered in this report. Proposed development: shopping centre. Facilities will include: Food court with 24 food café / take-away businesses Various shops including 1 chemist, 1 beauty premises which offers permanent make-up (i.e. tattooing) 2 water fountains Car parks with security lighting A car wash located in the car park Relevant ancillary services (e.g. e.g. diesel powered generator for emergency power supply; waste services; air conditioning units; trolley bays and collection service; loading docks; etc.).

8 Potential environmental health issues
Activity cont. Identify the environmental health issues potentially associated with the development. Activity Potential environmental health issues

9 Activity cont. What are the potential environmental health issues?
What legislation applies to each issue? What are the key provisions / requirements? EH issue Legislation Key requirements

10 Explaining legislation in context
Consider: Intent of legislation, section/s – e.g. why is it regulating? Focus – e.g. what is it regulating? Relevance – i.e. why is it relevant to the scenario / situation you are considering? What specific substance / issue / thing is regulated? Application – how does it apply to the specific scenario / situation? What is required / prohibited?

11 Explaining legislation in context
Example: Tipping waste oil into a stormwater gutter. s.440ZG(a) EPAct “A person must not— (a) unlawfully deposit a prescribed water contaminant— (i) in waters; or (ii) in a roadside gutter or stormwater drainage; or (iii) at another place, and in a way, so that the contaminant could reasonably be expected to wash, blow, fall or otherwise move into waters, a roadside gutter or stormwater drainage; …”

12 Explaining legislation in context
Intent: Prohibiting water pollution to prevent environmental harm / protect aquatic ecosystems. Focus: Prescribed water contaminants (defined in S.9 EPReg) are substances that can affect the chemical (e.g. acidity), biological (e.g. introducing harmful bacteria) or physical (e.g. temperature) characteristics of aquatic ecosystems. Relevance: Oil is a prescribed water contaminant. Application: It is an offence to deposit oil in a stormwater drain. Explanation: * combine the above information concisely.

13 EH scenario: link elements to offences
In your assignment consider the potential offences and therefore the evidence you may need to gather. Burden of proof = beyond reasonable doubt. e.g. s.426 EPAct – Operating ERA without an Environmental Authority (EA) Element Evidence Time Official notebook, photos, statements, etc. Date Place Person Carry out ERA 20 Without holding or acting under EA for the activity.

14 Assessment 3 – Marking Criteria
Please read the marking criteria carefully and ensure you have met all of the requirements. Note: 70% synthesis and critical analysis, 10% process, 15% written presentation and expression, 5% referencing (but plagiarism will be dealt with in accordance with the QUT policy).

15 Assessment 3 – Marking Criteria

16 EH criterion HSE (OHS) criterion

17 EH criterion HSE (OHS) criterion

18 EH criterion HSE (OHS) criterion

19

20 Conclusion Concise accurate reports are professionally respected.
The level of detail needed will depend on the audience and the purpose of the report. Using tables will allow you to convey a lot of information concisely. But don’t overdo the use of tables.


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