Commonwealth Work Health and Safety Bill

On 24 November 2011, the Senate passed the Commonwealth Work Health and Safety (WHS) Bill and the Commonwealth Work Health and Safety (Transitional and Consequential Provisions) Bill without amendment.

The Commonwealth WHS Bill will implement the model Work Health and Safety Act (the model Act) within the Commonwealth jurisdiction forming part of a system of nationally harmonised work health and safety laws.

The Commonwealth WHS Bill will apply to businesses and undertakings conducted by the Commonwealth, public authorities and, for a transitional period, non-Commonwealth licensees and will commence on 1 January 2012.

Background

On 3 July 2008 COAG signed the Inter-Governmental Agreement for Regulatory and Operational Reform in Occupational Health and Safety (IGA). Through the IGA the Commonwealth , state and territory governments made a formal commitment to harmonise OHS arrangements by December 2011 through the implementation of uniform laws comprised of a model Act, supported by model Regulations and model Codes of Practice and complemented by a nationally consistent approach to compliance and enforcement policy.

On 11 December 2009 the Workplace Relations Ministers' Council (WRMC) endorsed the model Work Health and Safety (WHS) Act subject to any further agreed technical and drafting amendments between the Parliamentary Counsel's Committee and Safe Work Australia. The model WHS Act has been subject to extensive consultation. It is the result of a comprehensive national review into work health and safety laws across Australia and was released for public comment for six weeks in September 2009.

Each jurisdiction (including the Commonwealth) is now developing legislation to give effect to the model WHS Act. The intention is to have mirror laws enacted in each jurisdiction. Minor but necessary variations may be made to achieve consistency with other laws and processes operating within a jurisdiction.

On 26 May 2011, the Department called for comment on the Commonwealth specific provisions of the Commonwealth WHS Bill which will be implemented in the Commonwealth jurisdiction from 1 January 2012. The Commonwealth specific provisions have been highlighted in the exposure draft of the Commonwealth WHS Bill which is available on this website. Comment was not sought in relation to the remaining provisions of the draft Bill, as these provisions have already been subject to extensive public consultation and have been agreed by WRMC.

The comment period for the Commonwealth specific provisions of the Commonwealth Work Health and Safety (WHS) Bill has now closed.

The Commonwealth WHS Bill was introduced into the House of Representatives on 6 July 2011 and referred for inquiry and report, by the Senate, on 7 July 2011. The Senate Inquiry received eleven submissions, including a submission from the department.

The Department appeared before the inquiry on 10 August 2011.

The Commonwealth WHS Bill and Transitional and Consequential Provisions Bill passed the House of Representatives on 13 October 2011.

On 31 October, the Commonwealth WHS Bill and Transitional and Consequential Provisions Bill were introduced in the Senate.

The Commonwealth WHS Bill, Explanatory Memorandum and Transitional and Consequential Provisions Bill are available on the Parliament of Australia website.