On 1 July 2009 Safe Work Australia was established by the Federal Government in order to facilitate the harmonisation of OH&S laws across Australia. Attempting to overcome the myriad of different provisions which vary from state to state (and arguably hamper cross-jurisdictional businesses), the aim of the harmonisation is to reduce regulatory burdens and create a “seamless” national economy.
Following completion of a review of the model laws in January 2009 the aim is for all states and territories and the Federal Government to enact the model laws by December 2011. As part of the harmonisation process the following timetable has been provided by Safe Work Australia (only the key dates have been mentioned):
December 2009 – Model Legislation is submitted to the Workplace Relations Ministers Council (“WRMC”) for agreement. This follows closure of public comments and submissions on the Model Act on 9 November 2009. As at 11 December 2009 the Model Legislation has been approved by the WRMC – see the following link http://www.safeworkaustralia.gov.au/swa/ModelLegislation/Model+OHS+Legislation/
December 2009 to September 2010 – the Model Regulations for the Act will be developed.
November 2010 to January 2011 – Model Regulations released for public comment and submission.
June 2011 – Model Regulations submitted to the WRMC for agreement.
December 2011 – All jurisdictions are to enact the Model Laws, including any transitional arrangements.
To date, some of the key elements of the Model Act include:
The primary duty of care has been widened such that persons conducting a business or undertaking must ensure, so far as it is reasonably practicable, the health and safety of workers and other persons (for example customers or visitors);
Potential penalties range up to $3 million for corporations and $600,000.00 and/or 5 years imprisonment for individuals; and
An officer (as that term is defined in section 9 of the Corporations Act 2001 (Cth)) of a body has a separate and independent duty to exercise due diligence to ensure that body complies with any duty or obligation it has under the Model Act.
We will keep readers informed of any updates or changes over the coming months, including whether Western Australia’s position changes on the Model Act (it being the only state to not accept the Model Act at the WRMC meeting).
