Safe Work Australia is responsible for maintaining model work health and safety (WHS) laws, but they do not regulate or enforce them. In 2011, Safe Work Australia developed model work health and safety laws that would be then implemented across states in Australia. However, commonwealth and state and territory regulators will oversee and enforce the laws in their jurisdiction.
For these model work health and safety laws to become legally binding, the Commonwealth, states and territories must separately implement them as their own laws.
What do model work health and safety laws include?
- The Model Work Health and Safety Act
- The Model Work Health and Safety Regulations
- The Model Codes of Practice
Background
A single set of work health and safety laws were created for jurisdictions to implement in Australia. These would be known as ‘model’ laws. Each state and territory, and the Commonwealth, has its own WHS laws, including an Act, regulations and codes of practice.
A National Review into Model Occupational Health and Safety Laws was conducted to make recommendations on the structure and content of a model OHS Act that could be adopted in all jurisictions. The review was carried out by a panel of three independent experts that undertook public consultation with regulators, union and employer organisations, industry representatives, legal professionals, academics and health and safety professionals. The panel made 232 recommendations and in May 2009 the Workplace Relations Ministers' Council (WRMC) set policy parameters for developing a model Act based on these recommendations.
In September 2009, Safe Work Australia released a draft model WHS act for public comment. Several amendments were done to the draft and on 29 April 2010, Safe Work Australia published a final version on their website.
When did the states implement model health and safety laws?
- Commonwealth, Australian Capital Territory, New South Wales, Northern Territory and Queensland implemented the laws on 1 January 2012
- South Australia and Tasmania implemented the model WHS laws on 1 January 2013
- Western Australia passed a version of the laws on 10 November 2020, and they became operational on 31 March 2022.
Victoria is the only jurisdiction in Australia who has not implemented the model WHS laws as of now.
Are there variations in the laws?
It depends on the jurisdiction in question. Some variations in their WHS laws may be required to ensure the legislation is consistent with their other processes and laws.
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Australian health and safety laws are complex and need small business owners and employers to comply with different regulations across different states. It can be challenging to keep up with the layered health and safety laws and ensure physical and mental wellbeing of your employees. Peninsula provides complete health and safety support including policies, processes, documents, and advice for Aussie SMEs. Talk to our team today to learn how we can help you.
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