Public comment
Have your say on model work health and safety legislation
The public comment period on the national model Work Health and Safety (WHS) Regulations and Codes of Practice closed on 4th April 2011.
Safe Work Australia will now consider all the comments it has received as a result of the public comment process and make appropriate amendments to the model WHS Regulations and the codes. The revised version of the model WHS Regulations and Codes of Practice will ultimately be submitted for endorsement by the Workplace Relations Ministers Council (WRMC) as the model laws to be adopted.
The WA Government continues to participate in the harmonisation process and as a member of the Safe Work Australia Council. At this stage, however, it is not committing to a system that may not be in the best interests of Western Australian workers and businesses.
Background information
On 4 April 2008, the then Commonwealth Minister for Employment and Workplace Relations, the Hon Julia Gillard MP, appointed an independent advisory panel (the Review Panel) to conduct a national review on the development of model Occupational Health and Safety (OHS) laws. The national review into the model OHS laws was completed in January 2009, resulting in two comprehensive reports.
The public comment period for the national model Work Health and Safety Bill closed on 9 November 2009. Western Australia’s Department of Commerce provided a detailed submission on the proposed legislation.
On 7 December 2010 a package containing the model WHS Regulations and some Codes of Practice were released by Safe Work Australia for a 4 month public comment period. That public comment period closed on 4 April 2011. Western Australia’s Department of Commerce provided a detailed submission on that package.
On 18 May 2009, the WRMC met to consider issues relating to the Review Panel’s recommendations. The Hon Troy Buswell MLA, then Minister for Commerce, advised the meeting that the Western Australian Government is prepared to accept the vast majority of the recommendations although it is unable to support the following recommendations:
- the introduction of a conciliation concept for resolution of issues;
- power for health and safety representatives to stop work;
- reverse onus of proof for discrimination issues;
- level of penalties; and
- right of entry.
Review of the Occupational Safety and Health Act
- 2006 - Richard Hooker
- 2002 - R Laing review