Professor Richard Johnstone
Areas of expertise
- Labour Law 180118
- Criminal Law And Procedure 180110
- Law And Society 180119
- Access To Justice 180102
- Environmental And Occupational Health And Safety 111705
Research interests
Richard's empirical research into OHS regulation has focused principally on OHS enforcement, with a major study on OHS prosecution in Victoria, (Occupational Health and Safety, Courts and Crime, Federation Press, 2003), and smaller studies on enforcement in New South Wales, and in the construction industry in Queensland. His current research includes Australian Research Council-funded projects on compliance with OHS, anti-discrimination and dismissal law; and (with Michael Quinlan) on the implementation of OHS process standards in four Australian jurisdictions: Queensland, Victoria, Tasmania and Western Australia. He is also examining the regulation of OHS in non-employment relationships, including work on road freight, contractors and sub-contractors, labour hire, and franchise arrangements. With Neil Gunningham, Richard has conducted major policy studies for the National Occupational Health and Safety Commission, the Department of Minerals and Energy, New South Wales and the WorkCover Authority of Ne w South Wales. The WorkCover Authority of New South Wales study was further developed, and was published as Regulating Workplace Safety: Systems and Sanctions, in the Oxford Socio-Legal Studies Series in 1999. Richard has also published a leading general text, Occupational Health and Safety Law and Policy (Thompson Law Book, 1997 and 2nd ed 2004).
He has also published five books and a dozen articles or chapters on various aspects of law teaching. Each of these publications has been the result of a genuine engagement with educational theory and research.
Biography
| Richard Johnstone was the foundation Director of the National Research Centre for Occupational Health and Safety Regulation, and is now an Adjunct Professor in the Regulatory Institutions Network within Research School of Social Sciences at the Australian National University, and a member of the National Research Centre. He is also a Professor in the Griffith Law School, where he is the Director of the Centre for Socio-Legal Research and Director of the Occupational Health and Safety Unit, within the Socio-Legal Research Centre. |
Publications
- Johnstone, R 2009, 'The Australian Framework for Worker Participation in Occupational Health and Safety', in Theo Nichols & David Walters (ed.), Workplace Health and Safety: International Perspectives on Worker Representation, Palgrave Macmillan Ltd, New York, pp. 31-49.
- Johnstone, R 2009, 'From Catch up to Innovation: A History of Occupational Health and Safety Regulation in QLD', in B Bowden, S Blackwood, Cath Rafferty & C Allan (ed.), Work and Strife in Paradise: The History of Labour Relations in Queensland 1859 to 2009, The Federation Press, Sydney, pp. 95-111.
- Loudoun, R & Johnstone, R 2009, 'Occupational Health and Safety in the Modern World of Work', in Adrian Wilkinson, Nicolas Bacon, Tom Redman, Scott Snell (ed.), Sage Handbook of Human Resource Management, Sage Publications Inc, London, pp. 286-307.
- Quinlan, M, Johnstone, R & McNamara, M 2009, 'Australian Health and Safety Inspectors' Perceptions and Actions in Relation to Changed Work Arrangements', Journal of Industrial Relations, vol. 51, no. 4, pp. 557-573.
- Quinlan, M & Johnstone, R 2009, 'The implications of de-collectivist industrial relations laws and associated developments for worker health and safety in Australia, 1996-2007', Industrial Relations Journal, vol. 40, no. 5, pp. 426-443.
- Johnstone, R 2008, 'Harmonising Occupational Health and Safety regulation in Australia: The First Review of the National OHS Review', Journal of Applied Law and Policy, vol. 1, pp. 35-58.
- Johnstone, R & King, M 2008, 'A Responsive Sanction to Promote Systematic Compliance?: Enforceable Undertakings in Occupational Health and Safety Regulation', Australian Journal of Labour Law, vol. 21, no. 3, pp. 280-315.
- James, P, Johnstone, R, Quinlan, M et al 2007, 'Regulating supply chains to improve health and safety', Industrial Law Journal, vol. 36, no. 2, pp. 163-187.
- Johnstone, R & Quinlan, M 2006, 'The OHS Regulatory Challenges posed by agency workers: Evidence from Australia', Employee Relations, vol. 28, no. 3, pp. 273-290.
- Johnstone, R & Wilson, T 2006, 'Take Me To Your Employer: The Organisational Reach of Occupational Health and Safety Regulation', Australian Journal of Labour Law, vol. 19, no. 1, pp. 59-80.
- Arup, C, Gahan, P, Howe, J et al, eds, 2006, Labour Law and Labour Market Regulation: Essays on the Construction, Constitution and Regulation of Labour Markets and Work Relationships, The Federation Press, Leichhartdt, NSW, Australia.
- Johnstone, R 2006, 'Regulating occupational health and safety in a changing labour market', in C Arup; P Gahan; J Howe; R Johnstone; R Mitchell; A O'Donnell (ed.), Labour Law and Labour Market Regulation: Essays on the Construction, Constitution and Regulation of Labour Markets and Work Relationships, The Federation Press, Leichhartdt, NSW, Australia.
- Johnstone, R, Howe, J & Mitchell, R 2006, 'Constituting and regulating the labour market for social and economic purposes', in C Arup; P Gahan; J Howe; R Johnstone; R Mitchell; A O'Donnell (ed.), Labour Law and Labour Market Regulation: Essays on the Construction, Constitution and Regulation of Labour Markets and Work Relationships, The Federation Press, Leichhartdt, NSW, Australia.
- Johnstone, R & Jones, N 2006, 'Constitutive regulation of the firm: OHS, dismissal, discrimination and sexual harassment', in C Arup; P Gahan; J Howe; R Johnstone; R Mitchell; A O'Donnell (ed.), Labour Law and Labour Market Regulation: Essays on the Construction, Constitution and Regulation of Labour Markets and Work Relationships, The Federation Press, Leichhartdt, NSW, Australia.
- Bluff, E & Johnstone, R 2005, 'The Relationship Between Reasonably Practicable and Risk Management Regulation', Australian Journal of Labour Law, vol. 18, no. 3, pp. 197-239.
- Johnstone, R & Hall, A 2005, 'Exploring the Re-Criminalising of OHS Breaches in the Context of Industrial Death', Flinders Journal of Law Reform, vol. 8, no. 1, pp. 57-92.
- Johnstone, R & Mitchell, R 2004, 'Regulating Work', in Christine Parker, Colin Scott, Nicola Lacey and John Braithwaite (ed.), Regulating Law, Oxford University Press, Oxford, pp. 101-121.
- Johnstone, R 2004, 'Rethinking OHS Enforcement', in Elizabeth Bluff, Neil Gunningham and Richard Johnstone (ed.), OHS Regulation for a Changing World of Work, The Federation Press, Leichhardt, NSW, pp. 146-178.
- Gunningham, N & Johnstone, R 2004, 'Challenges for OHS Regulators', Journal of Occupational Health and Safety: Australia and New Zealand, vol. 20, no. 3, pp. 195-197.
- Bluff, E, Gunningham, N & Johnstone, R, eds, 2004, OHS Regulation for a changing world of work, The Federation Press, Leichhardt, NSW.
- Johnstone, R 2003, 'Safety, Courts and Crime: occupational safety and health prosecutions in the Magistrates courts', Policy and Practice in Health and Safety, vol. 01, no. 1, pp. 105-127.
- Johnstone, R 2003, Occupational Health and Safety, Courts and Crime. The Legal Construction of Occupational Health and Safety Offences in Victoria, The Federation Press, Sydney.
- Bluff, E & Johnstone, R 2003, 'Infringement Notices: Stimulus for Prevention or Trivialising Offences?', Journal of Occupational Health and Safety: Australia and New Zealand, vol. 19, no. 4, pp. 337-346.
- Clayton, A, Johnstone, R & Sceats, S 2002, 'The Legal Concept of Work-Related Injury and Disease in Australian OHS and Workers Compensation Systems', Australian Journal of Labour Law, vol. 15, pp. 105-153.
