Analysing counterfeit production in Malaysia

Analysing counterfeit production in Malaysia Malaysia has a counterfeit market value of $378 million, with software dominating $289 million of that market value. (Havocscope Global Market Indexes, 2008). Most often the news broadcast on counterfeiting in Malaysia are usually associated with branded goods, and now, these items are circulating in the form of essential products and used on a daily basis. The Domestic Trade and Consumer Affairs Ministrys enforcement division, through their ruthless raids in pursuit of these types of goods, have identified imitation products such as garments, electrical items, pharmaceuticals, shoes, bags, leather goods, watches, cigarettes, batteries, sauces, engine oils, toothpastes, detergents and canned food, to name a few. It is clear that anything that has a demand and potential to be copied would consistently attract infringers to resort to reaping profits through producing similar counterfeit items which would then be sold to blind and ignorant consumers. WHAT IS COUNTERFEITING? I) Counterfeiting can be defined as any manufacturing of a product which so closely imitates the appearance of the product of another to mislead a consumer that it is the product of another. II) Counterfeiting is ultimately an infringement of the legal rights of an owner of intellectual property. ARTICLE SUMMARY REGARDING CURRENT ISSUE Malaysia is not excluded in becoming the region of dumping ground for a wide range of sub-standard and counterfeit products such as cosmetic products, medical goods, clothing and electrical items. Government have structured framework and protection mechanism for Asean consumers. More than million inspections were done and nearly 13000 with products valued RM 137.5million were sealed. ARTICLE REVIEW FOR COUNTERFEITING Counterfeit goods flooding Asean region New Straits Times, Jan 19, 2007 PUTRAJAYA: The new television set in your living room might not be what you think it is. And that bottle of perfume could have come from a back lane. This region has become a dumping ground for a wide range of sub- standard and counterfeit cosmetic products, medical goods, clothing and electrical items, and Malaysia has not been spared either. The Domestic Trade and Consumer Affairs Ministry launched a discussion on consumer protection initiatives at the Association of Southeast Asian Nations level to stop this illegal practice. Minister Datuk Mohd Shafie Apdal said yesterday a central body, based in Kuala Lumpur, would be set up this year to co-ordinate regional action against the dumping of sub-standard goods and protect consumers. We have structured the framework and protection mechanism for Asean consumers. It is just a matter of implementing it, he said. He said the feedback he received during visits to Myanmar and the Philippines had been good, and the Asean Secretariat was also receptive to the idea. He plans to visit Vietnam, Laos and Singapore soon to discuss the idea with his counterparts. And it will be highlighted during the Asean senior economic officials meeting to be held soon. At the ministrys monthly gathering, Shafie said that more than 7,500 complaints were filed with the Malaysian Consumers Claims Tribunal last year. The tribunal had set up a database on the standard operating procedure for tribunal kiosks to be set up soon. Shafie said that more than a million inspections were done on business premises last year and nearly 13,000, with products valued at RM137.5 million, were sealed. PRODUCTS THAT ARE MOST LIKELY TO BE COUNTERFEIT 1. SOFTWARE The counterfeit software trade in Malaysia, and especially Kuala Lumpur, is thriving so much that it is practically considered the norm and to such an extent that it is harder to get hold of genuine software than counterfeit. Crackdowns and raids have mainly proved ineffective and counterfeit software is brazenly sold in shopping malls and plaza. 2. LUXURY AND FASHION GOODS The counterfeits range from poor imitations to quite good copies retailing at higher prices. When it comes to, for example, sunglasses the quality can be poor, the logo can be smudged and the workmanship can be shoddy but, from a distance it look like you are sporting a Chanel or Prada sunglasses. The fake sunglasses can damage our eyes as they almost just made of coloured plastics which are not ideal for a country bathed in tropical sunshine. 3. CDs AND DVDs In 2007 sniffer dogs, Lucky and Flo uncovered more than one million counterfeit discs or more known as pirate`s discs worth more than 3 million USD, hidden in boxes at a shopping centre. 4. PHARMACEUTICALS Counterfeiting of drugs is being taken seriously by Ministry of Health. Things to look out for are : over-the-counter drugs such as Panadol pills and Eye-Mo drops. Mainly affected are the developing countries with weak drug regulatory control and enforcement. The problem is further exacerbated by a number of other factors: scarcity and/or erratic supply of basic medicines, uncontrolled distribution chains, large price differentials between genuine and counterfeit medicines, lack of effective intellectual property right protection, lack of regard for quality assurance and corruption in the health-care system. 5. PERFUMES Counterfeiting is a well-advertised problem in this industry. The distribution of perfumes is normally restricted to exclusive retailers and cause price stability. Channels of distribution on the grey market include street traders and small shops. Most consumers buying these fakes are aware that it is not the genuine item and that the product is of a lower quality. It is very common, however, for the trader to pretend that the goods are stolen in order to deceive the consumer about the quality. THE IMPACT OF COUNTERFEITING ACTIVITIES 1. IMPACT TO OUR COUNTRY ECONOMIC ( WHERE COUNTERFEITS ARE SOLD) Job Losses Counterfeiting affect employment because job shift from the manufacturers to counterfeiters. It is because of the goods produces by manufacturers are unsaleable because consumer switch their preference in choosing goods to counterfeit foods due to lower price than the genuine goods without knowing they are purchasing counterfeit goods. As a result, manufacturers has to shut down their business causing many employees loss their job and become unemployed. Reduce Potential Foreign Investment For some industries, the level of countereiting may be relatively important, whereas in others it may be minor consideration. Countries with lower rates of counterfeiting and relatively higher in economies has higher foreign investment. Counterfeiting also can affect the commercial trade sector and as a result can affect potential foreign investment. Tarnish Malaysia`s reputation in the eyes of tourists Malaysia`s goal to increase the tourism sector cannot be accomplish if counterfeiting is still exist. Tourist from every corner of the world who come to Malaysia can relatively easy to avoid buying fake handbags and sunglasses but another matter when it comes to consumables and pharmaceuticals. Fake pharmaceutical products can endanger tourists and affect Malaysia`s reputation as a chosen destination to visit. Discourage investment in product development High levels of counterfeiting could reduce the incentive of some firms to invest in the development of new products and processes. It is happen because company know that they cannot get return as high as they expect from the investment. Government has to spend large amount of money in disposing counterfeit products Malaysia`s government have to spend large amount of money in funding police and other investigation and enforcement operations as a way to dispose and reduce the counterfeit activities in Malaysia. 2. IMPACT TO COUNTRIES WHERE COUNTERFEITING TAKES PLACE Foreign producer of reputable products refuse to manufacture their products to the countries. For example, China, India, Hong Kong Such countries will suffer both tangible and intangible losses. First, foreign producers of reputable products become reluctant to manufacture their product s in countries where counterfeiting is widespread as fast as infection disease because it seems like they cannot rely on the enforcement of their intellectual property rights. Hence, such countries not only lose direct foreign investment but also miss-out on foreign know-how. Cause export losses If many products from such countries, including genuine ones, gain a reputation of being poor quality, this will cause export losses which in turn implies both losses and loss of foreign exchange. It could be argued that the counterfeiting industry creates jobs but these jobs are often poorly paid, often involve substandard working conditions and sometimes use child labour. Discourages new invention from manufacturers The widespread of counterfeiters in a market discourages inventiveness in that country since it prevent honest producers from investing resources in new products and market development because they know the risk that counterfeiters will counterfeit their products. Tax losses A further direct loss for the government of countries that become the main centre for counterfeiters, are tax losses, since the counterfeits are normally sold through secret channels and counterfeiters are not generally eager to pay tax on their ill-gotten gains. Financial losses are increasingly shown to justify action by enforcement officials. 3. IMPACT TO RIGHT HOLDER (PRODUCER) Suffer direct loss in number of sales First of all, industries which find themselves in direct competition with counterfeiters suffer a direct loss in sales. Indeed, some markets are even dominated by counterfeiters, creating barriers of entry for the producers of the genuine product. Some would argue that the buyers of the fakes would not have bought the genuine item but that is a very narrow argument and can only apply to a small segment of luxury goods. Many counterfeit products today are of higher quality and compete directly with the genuine items. Damage brand value and firm reputation Counterfeit or pirated products may damage the brand image and reputation of firms over time. For instance, those consumers who believed they were buying a genuine item when in fact it was a fake, will be likely to blame the manufacturer of the genuine product if the fake does not fulfil expectations, thus resulting in a loss of goodwill. If consumers never discover that they were deceived, they may be reluctant to buy another product from that manufacturer and may communicate dissatisfaction to other potential buyers. Spend large amount of money in protecting and enforcing property right Beside direct losses of sales and goodwill, one should not forget the expenditure involved in protecting and enforcing intellectual property rights. The right owner becomes involved in costly investigations and legal action when dealing with counterfeiters and may also have to spend further sums on product protection. 4. IMPACT TO CONSUMER Paying an excessive price for inferior products Ultimately, it is the consumer who pays the cost of unfair competition between counterfeiters and producers. Although many consumers believe they are getting a bargain when they buy counterfeits, the actual value of the product is normally much lower. Hence, they end up paying an excessive price for an inferior product. Exposed to many disastrous effects The inferior qualities of many counterfeits, particularly those relating to health and safety, have had disastrous effects. It is no longer rare to find counterfeit parts in aircraft and other vehicles causing death and injuries, or counterfeit pharmaceuticals in hospitals. For example, pharmaceuticals, electrical appliances, parts in aircraft, foods and beverages. CASES REGARDING THE COUNTERFEIT GOODS IN THE MARKET Dozens of people died in Cambodia through taking ineffective, fake malaria medicines. Law enforcement in Zambia seized fake shampoo containing acid. Body-builders and others buying steroids on the black market in Australia were sold repackaged livestock steroids as human steroids. Diseased pig meat was used in counterfeit cans of pork luncheon meat in China. In India, counterfeits of drugs were used to fight antibodies in Rh-D negative mothers. Fake crocs is being accused on insulting Muslim belief as the word Allah is print on the fake Crocs` logo. FACTORS INFLUENCING COUNTERFEITING i. Advances in technology New technology has not only benefited manufacturers of genuine products, but also counterfeiters. The photocopying machine is, for example, considered to be one of the main tools in a counterfeiters tool box. New techniques have furthermore enabled counterfeiting of what were normally considered as high-tech products, too complicated to fake. Pharmaceuticals, electronic components and rescue equipment are some examples. The counterfeiter can demand a higher price for his low-cost products since these products have a high value-added element. ii. Increased international trade International trade, including trade in counterfeit products, has increased dramatically over the last few decades. Almost all regions are both production and consumption areas for counterfeit products. Although an expansion of boundary measures would enhance the means of conflicting international trade in counterfeit goods, it is not likely to produce most important results unless matched by a related increase in the resources available to customs authorities to devote to anti-counterfeiting work. iii. Emerging markets A number of economies that were previously controlled are now being transformed into free market economies. Unfortunately, the speed of transformation has been somewhat too fast for the enforcement agencies. Markets are now emerging as both large producers and consumers of fakes. Although counterfeiting occurs more or less throughout the world, East Asia, including China, is still pinpointed as the main source of fakes. This region has increased its relative share in world trade, implying increased exports of counterfeits along with genuine products. iv. Emerging products Manufacturing now accounts for 75 per cent of total world exports. Processed, high value-added goods are naturally also more likely to be counterfeited. Electronic products, such as software and music recordings, are not included in world trade figures. These are rapidly becoming the products most affected by counterfeiting. It is difficult to predict whether counterfeiting will decrease or increase in the expected future. On the one hand, technological development is enabling counterfeiters to produce fakes relatively cheaply and easily. Top suppliers of counterfeit goods in the world include: China $ 221.7 million (81 %) India 2 million (6 %) Hong Kong $ 13.4 million (5 %) Taiwan $ 2.6 million (1 %) South Korea $1 million (

Try Something New for 30 Days

Try something new for 30 days. Do you believe that by doing something new for 30 days can change our life? Is this possible†¦? The great American philosopher Morgan Spurlock says that 30 day challenges or trying something new for those days will change our life. Matt Cutts was ordinary computer scientist who couldn’t make a progress in his life. Nevertheless, after reading this book he had learned many things and made changes in 30 days. The question is will his idea does work to everyone..? I like this ideas a lot and definitely support it in right way and I believe that 30 days are enough to make changes in our life.It is an opportunity to start something new, and try something that you always wanted to do. Perhaps, it is all about adding new or subtracting â€Å"bad† habits and trying to set a goal or plans to accomplish in 30 days. This article shows us how Matt has made his life better by doing simple changes. First, if we want to make our life better, we shou ld set positive goals, than move forward and work to add a new habit, than try to stop unhealthy behaviors and habits. It means that we need to make simple changes like Matt did. For example; he was a computer dupe, however he had tried new simple things in 30 day which he had never done.Certainly we also can do it and make a better life. The best way to do these 30 day s challenges is to understand what we really want, than to be in the mood of it, and last thing is just start it. As a result it will give us many positive benefits. Furthermore, people can force their self to do many activities and become an organized. People who have bad habits as a smoking or drinking can change it by adding a new one. Smoking may replaced by some healthy foods. Consequently those changes can give an opportunity to keep their money also their health.Second is adding new habits, it can be everything which people have always wanted to do, however in 30 days it might change their life. I had a friend , who had no idea about music, but he has started to sing and singing became his habit. Now he is making good music career. In conclusion I would like to mention that many people fare afraid to do something new, because they got accustomed to these things. However Matts article motivated us to do something new by giving his advices and examples from his live. We can use his idea to control our goal, to schedule tasks and projects and make our life better.

Margin Questions Essay

1. Assume that an investor buys 100shares of stock at RM 50.00, putting up a 60% margin. a. What is the debit balance in this transaction? b. How much equity capital must the investor ‘s new margin position 2. Assume that an investor buys 100 shares of stock at RM 50.00 per share, putting up a 70% margin. a. What is the debit balance in this transaction? b. How much equity funds must the investor provide to make this margin transaction? c. If the stock rises to RM 80.00 per share, what is the investor margin position? 3. Miguel Torres purchased 100 shares of Can’t Win.com for RM50 per share, using as little of his own money as he could. His broker has a 50% initial margin requirement. The price of the stock falls to RM30 per share. What does Miguel need to do? 4. An investor buys 200 shares of stock selling at $ 80 per share using a margin of 60%. The stock pays annual dividends $ 1 per share. A margin loan can be obtained at an annual interest cost of 8%. Determine what return on invested capital the investor will realize if the price of the stock increases to $ 104 within six months. What is the annualized rate of return on this transaction? 5. Ah Beng purchased 3000 shares of Digi Communications Bhd. stock at RM 4.60 per share using the prevailing minimum initial margin of 65%. He held the stock for exactly 4 month and sold it without any brokerage cost at the end of the period. During the four month holding period, the stock paid RM 0.40 per share in cash dividends. Ah Beng was charged 6% annually interest on margin loan. The minimum maintenance margin was 40%. a. Calculate the initial value of the transaction, the debit balance, and the equity position on Ah Beng’s transaction. b. For each share prices stated below, calculate the actual margin percentage and indicate whether Ah Beng account would have excess equity, or would be subject to margin call? I. RM 4.00 II. RM 5.50 III. RM 6.50 IV. RM 3.30 V. RM 4.55 c. Calculate the I. Amount of dividend received during the 4 months holding period II. Amount of interest received during the 4 months holding period d. Use each of the following sale price at the end of 4 month holding period to calculate Ah Beng HPR return on Digi Communication Bhd. share transaction. I. RM 5.00 II. RM 7.00 III. RM 4.80

Uintatherium Facts and Figures

Name: Uintatherium (Greek for Uinta beast); pronounced WIN-tah-THEE-ree-umHabitat: Plains of North AmericaHistorical Period: Middle Eocene (45-40 million years ago)Size and Weight: About 13 feet long and 1-2 tonsDiet: PlantsDistinguishing Characteristics: Large size; small brain; three pairs of knobby horns on the skull About Uintatherium One of the first prehistoric megafauna mammals ever to be discovered, in late-nineteenth-century Wyoming, Uintatherium figured in the Bone Wars waged between the famous American paleontologists Edward Drinker Cope and Othniel C. Marsh. This bizarre, plant-eating beast was worth a good fight: Uintatherium was distinguished by the three, count em, three pairs of knobby horns on its head (which may only have grown on males, as a way to increase their attractiveness to females during mating season), making it look a bit like a mutated rhinoceros. (So enamored were Cope and Marsh of Uintatherium that they managed to name it half a dozen times, the now-discarded genera including Dinoceras, Ditetradon, Elachoceras, Octotomus, Tinoceras and Uintamastix.) As with other early mammals of the Eocene epoch, about 40 million years ago, Uintatherium didnt exactly excel in the intelligence department, with an unusually small brain compared to the rest of its bulky body--no doubt an artifact of its plant-eating diet and its relative lack of natural enemies, as full-grown Uintatherium adults would have been virtually immune to predation.  How it survived for so long is a bit of a mystery, one compounded by the fact that this mysterious beast (and its fellow uintatheres) vanished completely off the face of the earth by the later Eocene epoch, leaving very few fossil remains in its wake. One theory is that Uintatherium was gradually displaced by better-adapted megafauna mammals, such as the thunder beast Brontotherium.

Product Review for Folding Hunter Lock- Back Knife Essay

h3Buck Knives 110-9210 Folding Hunter Lock-Back Knife/h3 The Buck Knives Hunter folding knife is a very simple pocket knife for everyday use and outdoor activities such as hunting. The single stainless steel blade measures out at 3 3/4 inches long, making it fitting for fans of medium-sized knives. The implementation of stainless steel allows the blade to last for years with everyday wear and tear and even rough conditions outdoors. The blade for this particular knife is a straight-edge which is great for common uses such as self-defense and everyday cutting purposes. The handle is made up of a combination of wood and brass to make for a sleek design and a comfortable feeling while holding it. For a point, we have the popular†¦show more content†¦All of the tools, barring the magnifying glass, and the general construction of the knife are made of stainless steel to provide the user with durability and strength to deal with everyday and frequent outdoor use. While the entirety of the knifes construction is made from stainless steel, the outer shell comes in either a thick plastic or wood. You can also select colors such as black, red and blue for the plastic covers. As for the knives themselves, theyre fairly standard blades that come with most multi-tool knives. Theyre both drop-point blades with straight-edges, but the inclusion of two saws in the knife negate the disadvantages of not having a serrated blade. The larger blade of the two is about three inches long, but its not particularly wide enough to do many big jobs. The stainless steel construction also means that the knives will dull fairly easily, and this may occur even more frequently if the knives tends to rub up against other tools while closing. Opening the knives can also be difficult for people with short fingernails as the opening to grab the knife isnt very large. Theres also no lock to prevent the knives from accidentally closing, which could present a safety hazard.

Is The American Dream Real - 863 Words

Is the American Dream Real? The â€Å"American Dream† is predicated on the assumption that with hard work and determination all Americans can achieve success and prosperity. America is the â€Å"land of opportunity† and under this contention, it is assumed that there is equal opportunity amongst all members of society. Thus, according to this ideology, the effort put in by an individual is the most important factor in determining their upward intergenerational mobility. However, I aim to show that the sole efforts of an individual are not enough to explain upward trends in intergenerational mobility. There are a variety of social factors that halt individuals from accessing the rewards of the supposed â€Å"American Dream†. In assessing the ease to which individuals can attain intergenerational mobility, it is essential to explain the impact that social stratification, race and education has on intergenerational mobility. It is thought that the â€Å"American Dr eam† can be obtained solely by hard work and determination. However, when we take a closer look at the effects of the underlying factor of social stratification, we can begin to see the difficulty that arises in attempting to make strides towards success and prosperity. Social stratification is the way in which society categorizes individuals into different socioeconomic classes (Manza et al. 2015). America is one of the richest countries in the world, yet there is so much inequality observed amongst its citizens. How can this be? 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Work and Health Safety in Australian Education Sector †Free Samples

Question: Discuss about the Work and Health Safety in Australian Education Sector. Answer: Introduction Work, health and safety are something which is given major significance in Australia, particularly through the applicability of the Work Health and Safety Act, 2011 (Cth) (Tooma, 2012). Through this act, a framework has been provided which protects the safety, welfare and health of all the workers at work. The people who are covered under this act include the workers, contractors, employees, subcontractors, volunteers, apprentices and trainees. Through this act, the primary safety and health is made the duty of the person who conducts the business or undertaking (WorkCover Queensland, 2017). In the following parts, a discussion has been carried regarding the work health and safety in Australia, with a particular reference to the education sector. In this regard, the issues which are faced in the education factors pertaining to the WHS have been highlighted. This is followed by a discussion on the case laws where the education sector related cases in the matter of WHS have been elucidated. Lastly, before concluding the entire discussion, certain recommendations have been presented to deal with the issues highlighted regarding WHS in Australian education sector. Issues of WHS in Education Sector In the early and the middle childhood settings, the work health and safety is linked with everyday practices. In the early education and even outside the school hour care, the practices of health and safety focus upon the children needs. And as the services offered here are the workplaces too, there is a need for meeting the laws of WHS so that the educators are safe. Each year, a number of educators are injured in their early childhood place of work and the majority of these injuries include the ones which are musculoskeletal, due to the daily activities like lifting of children, play equipments, and even sitting on small chairs. The universities, schools and libraries in Australia are such institutions on which the Work Health and Safety Act as they are deemed as workplaces. Due to these reasons, they have to be prepared for the risks associated with the health and safety at different places. It has to be clearly understood that there is a high risk of workings in the education sector and that there is an urgent need of forming strategies for managing such risks (Work Safe Victoria, 2017a). Some of the key risks in the education sector of Australia are related to the hazardous manual handling; and this includes helping the students particularly when there are special schools; for safeguarding against incidents where repetitive movements are involved, for instance typing. Some of the other issues which can be present in the education sector in the nation include the stress owing to the pressure of work; the risks of an individual falling, slipping or tripping; the improper use of the equipment and machinery i n a manner where the safety is hampered; and such people who could exhibit certain behavior which was not predictable and can be best classified as being aggressive (Work Safe Victoria, 2017b). The importance which is laid over the health and safety in the education sector is due to the fact that this sector involves toddlers, children, teenagers and adults. So, this is the sector which acts as building blocks for such individuals. These individuals are not capable of taking care of themselves and so, their safety becomes a more important duty for the people who have this responsibility. This responsibility is given to the ones who run such educational institutes pursuant to the provisions of Work Health and Safety Act 2011 (Walker and Miller, 2013). The quality learning environment has been underpinned through this statute. In case there are issues surrounding the health and safety, due to which the safety, health and wellbeing of the staff, children, service visitors and families are affected, a quality childhood service cannot be guaranteed (National Alliance, 2012). By adopting proper practices, procedures and policies of work health and safety, the responsibility of making available a safe place of work can be made certain and can be fulfilled by the management. Further, this would also help in avoiding the negative impact which can be otherwise a problem for the employees health and wellbeing. There is a need for strictly adhering to the health and safety duties imposed on the employees, and being provided with a safe place of work. It is also crucial that the work place is safe not only for the employees but for the children, service visitors and the families who visit the educational institute for them to be safe and their wellbeing being properly protected. There is also a need for providing quality early education through supportive working environment (National Alliance, 2012). Case Laws Case Name WorkCover (Inspector Calvez) v TAFE Commission [2014] NSWDC 108 Background Sarah Waugh, aged 12, was an experienced ride, who was fatally injured on March 24th, 2009 while she was undergoing the course of riding lesson and she fell from the horse as the horse started galloping uncontrollably. She was undergoing riding lesson pursuant to the Dubbo Rural Skills and Environment Centre conducted course and was enrolled as an agricultural student. This centre was owned by Technical and Further Education Commission. The case was hence, brought against them as they had the duty by being the training provider, to maintain the safety of not only the workers, but also the children enrolled with it (Australasian Legal Information Institute, 2014). Legal Action taken The defendant pleaded guilty to these charges as they failed to make certain that Sarah was not exposed to the risk. Under the erstwhile act of Occupational Health and Safety, 2000, particularly its section 8 the duty of employer was imposed on the defendant. For giving the verdict in this case, the court analyzed the capability of the trainer who was not only experience horseman, but also was a good trainer. Also, the condition of the horse was analyzed who was deemed as quiet and suitable for the beginner riders. Even though the hose was deemed as non-temperamental by the other experienced riders, he was held suitable for use by an inexperienced rider like Sarah (Australasian Legal Information Institute, 2014). The reason for holding the defendant liable was due to the fact that the house was not properly retrained and reconditioned as he was required to be done, owing to which he was unresponsive towards the inappropriate and unintentional cues from the inexperienced riders. The key parties of this were aware of the fact that the last race run by the horse unsuitable for inexperienced riders. The riding tuition would not have been opted for, in case the riding history of the horse was known. Even when these factors were present, the defendant still used the horse. And this clearly put the wellbeing of the student in danger, thus breaching the WHS provisions (Australasian Legal Information Institute, 2014). The Verdict In this case, the District Court gave its decision against the defendant and found it guilty of breaching the erstwhile Occupational Health and Safety Act, 2000 (NSW)s provisions. Due to these reasons, a fine of $300,000 was imposed on the defendant for failing to make certain that the non-employee was safe and that their wellbeing was not hampered. This was due to the fact that the horse was an ex-racehorse and not suitable for the beginners (Gadens, 2014). Case Name Barry Johnson v State of New South Wales (Department of Education and Training) [2006] NSWIRComm 275 Background A case was made against the defendant for breaching section 8(1) of the erstwhile Occupational Health and Safety Act, 2000 (NSW) as they had failed in making certain that the welfare, health and safety of the employees was not put at risk, particularly that of Lindsay John Cotterill, Ronald George Calrow and Kenneth Charles Ambler regarding the failure of the employer in ensuring that the work was safe for employee, without a risk being placed to their health. In this case, the accused individual employed the teachers at the school when there was a possible risk towards the teacher in terms of psychological or physical injury due to actual threats of violence by AL and the need of restraining AL. On Dec 10th, 2001 AL became aggressive and restrained the three teachers. Due to this, Calrow was physically injured. Another issue which was addressed in this case was related to the post traumatic stress disorder caused to Ambler, McInnes and Cotterill due to being threatened by AL with a butchers knife (Australasian Legal Information Institute, 2006). Legal Action taken The court identified that the defendant allowed AL to attend the school as a student even when he posed a high risk to Ambler, Calrow and Cotterill. The defendant failed to take the required steps towards proper risk assessment regarding the possible risk present due to the school being attended by AL. There was also a failure in making certain that the results were present for the complete psychiatric, medical and psychological assessment of AL. This was followed by the failure in informing the employees or even consulting them regarding the history of ALs actual violence and the implementation of reduction or precautionary strategies. Lastly, they also failed in appointing the required security guards at school. Due to the similar reasons, the duty contained in section 8(1), which was owed to Ambler, McInnes and Cotterill, was also breached by the defendant (Australasian Legal Information Institute, 2006). The Verdict In both of the issues raised before the court, the court found the defendant guilty. For the first issue, the defendant was awarded a fine of $100,000.00; and for the second issue, the defendant was awarded a fine of $120,000.00. This was coupled with moiety for each penalty to the prosecution. Though, these penalties were the reduced penalties owing to the principle of totality and significant commonality; otherwise, the court had awarded penalties of $140,000.00 and $160,000.00, respectively (Australasian Legal Information Institute, 2006). Recommendations The discussion carried on till now highlighted the manner in which the health and safety at the workplace in the Australian education sector can be impacted. In order to deal with such issues and the possible other related issues, some recommendations have been presented here. The first and foremost in this regard is the formation of a proper safety risk management system (Stoll, McGill and Ritchie, 2013). Under this system, there is a need to identify the possible hazards, asses the risks which are presented with each of these, manage or control such risks, and effectively monitor them. For instance, the clutter in the corridor can be eliminated so as to avoid a possible tripping hazard (Archer, Borthwick and Travers, 2014). There is a need to eradicate the risk of injury which can be caused due to manual handling tasks which are repetitious, frequent, which are continued for longer durations and which are usually performed with improper technique or posture (Raydugin, 2016). Such issues can be avoided by providing proper manual handling training which covers the day to day practices; practicing of safe carrying and lifting; using proper aids like step ladders and trolleys; storing awkward and heavy items close to such places where they are needed; and using appropriate furniture and equipments. There is also a need to take steps towards minimizing of falls, slips and trips. This can be done by conducting proper safety checks of the toys, building and equipment; keeping the walkways clear; fixing the damages to the floor coverings and broken tiles (National Alliance, 2012). Conclusion The discussion carried on in the preceding parts clearly highlights the significance of the work health and safety of the workers in the nation. When a particular emphasis is given to the education sector, it becomes clear that these provisions are not only to be applied on the workers, but also those who are non-employees. There are different safety issues at workplaces in education sector, which can range from tripping, falling and slipping and even to the serious issues where the physical safety of the workers is put in a risky position. In this regard, the provisions drawn through the WHS legislations provide the requisite remedy to the injured party, as was seen in the case laws highlighted here. In order to deal with such issues, certain recommendations were drawn, where the primary one is to form a proper risk management system to effectively deal with such WHS issues. And by adopting these recommendations, the small issues can be avoided from being issues to case laws. References Archer, R., Borthwick, K., and Travers, M. (2014) WHS: A Management Guide. Victoria: Cengage Learning Australia. Australasian Legal Information Institute. (2006) Barry Johnson v State of New South Wales (Department of Education and Training) [2006] NSWIRComm 275 (15 September 2006. [Online] Australasian Legal Information Institute. Available from: https://www.austlii.edu.au/au/cases/nsw/NSWIRComm/2006/275.html [Accessed on: 21/08/17] Australasian Legal Information Institute. (2014) WorkCover (Inspector Calvez) v TAFE Commission [2014] NSWDC 108 (14 July 2014). [Online] Australasian Legal Information Institute. Available from: https://www.austlii.edu.au/au/cases/nsw/NSWDC/2014/108.html [Accessed on: 21/08/17] Gadens. (2014) Work Health and Safety Legislative and Case Law Update. [Online] Gadens. Available from: https://www.gadens.com/News/Documents/Work%20Health%20and%20Safety%20Legislative%20and%20Case%20Law%20Update.pdf [Accessed on: 21/08/17] National Alliance. (2012) Work Health and Safety In Education and Care Services. [Online] National Alliance. Available from: https://www.ecrh.edu.au/docs/default-source/resources/ipsp/work-health-and-safety-in-education-and-care-services.pdf?sfvrsn=8 [Accessed on: 21/08/17] Raydugin, Y. (2016) Handbook of Research on Leveraging Risk and Uncertainties for Effective Project Management. Hershey, PA, USA: IGI Global. Stoll, M., McGill, C., and Ritchie, J. (2013) Work Health and Safety. North Ryde, NSW: McGraw-Hill Education Australia. Tooma, M. (2012) Tooma's Annotated Work Health and Safety Act 2011. New South Wales: Thomson Reuters. 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