Model Work Health and Safety Regulations and Codes of Practice
Safe Work Australia Members met today in Sydney, taking another significant step towards harmonising work health and safety laws. All Members reiterated their support of the harmonisation process and its potential benefits. Members, with the exception of the Australian Chamber of Commerce and Industry (ACCI), endorsed the draft model Work Health and Safety Regulations, the first stage Codes of Practice and the National Compliance and Enforcement Policy subject to the resolution of a small number of policy issues. The draft model WHS Regulations and first stage Codes of Practice have been developed through an intensive consultation process over the past 18 months which included a four month public comment period.
The Regulations, Codes and National Compliance and Enforcement Policy will now be provided to the Workplace Relations Ministers’ Council in early August for final endorsement, to allow sufficient time for the implementation of model legislation in all jurisdictions by the end of December 2011. This represents a positive step for Australian businesses and workers, who have had their say on the new laws. This harmonised legislation forms the basis to further enhance Australia’s work health and safety regulatory framework. A package relating to the Mining industry is currently out for public comment and is due for endorsement by Ministers later this year.
Decision Regulatory Impact Statement
The Decision Regulation Impact Statement (Decision RIS) for National Harmonisation of Work Health and Safety Regulations and Codes of Practice has been prepared by Safe Work Australia in accordance with the best practice regulation guidelines of the Council of Australian Governments.
The Decision RIS indicates that the model legislation will benefit workers, ensuring all workers not only employees, are equally protected. The cost to businesses is unlikely to be significant, and for multi-jurisdictional businesses, reducing differences across jurisdictions at the legislative level will reduce the regulatory burden. Members, with the exception of the ACCI, agreed to the Decision RIS being presented to WRMC pending endorsement and comments from the Office of Best Practice Regulation. In the interim Members will review the Decision RIS in detail and provide comments to the Agency.
Evaluation Plan for Harmonisation of Work Health and Safety
There are reporting requirements under the Intergovernmental Agreement for Regulatory and Operational Reform in Occupational Health and Safety (IGA) and separate requirements to evaluate Safe Work Australia and the model legislation. The Evaluation Plan for Harmonisation of Work Health and Safety has been developed to ensure these requirements can all be met and was agreed by Members.
Progress on Implementing the Model Work Health and Safety (WHS) Act
Members also noted the progress on implementation of the Model Work Health and Safety (WHS) Act as reported by Members from each of the jurisdictions. The provisions of the Model WHS Act have been enacted in Queensland and New South Wales and will commence on 1 January 2012. The Model WHS Act provisions are being considered by the parliaments of South Australia, the Commonwealth and the Australian Capital Territory. The relevant bills are yet to be introduced into the parliaments of Tasmania, Victoria, Western Australia and the Northern Territory.
Reporting arrangements for Safe Work Australia Operational Plan
Members agreed to the new arrangements for reporting on the Safe Work Australia Operational Plan, comprising a changed Members Report format with additional detail on activities provided.
Monthly updates on key Agency activities will also be provided to Members. Members noted these new arrangements will be put in place for the next Members’ meeting.
National Strategy Temporary Advisory Group Work Plan
Members agreed to the work plan for the National Strategy development and noted that the first seven National Strategy workshops are completed. To date, more than 250 attendees have participated in the workshops. These attendees include representatives drawn from employers and employees, regulators, work health and safety professionals, academics and interested community members.
Communications Advisory Group
Members agreed to a revised Terms of Reference for the Communications Advisory Group (CAG) to ensure the CAG can focus on providing advice on the full range of activities within the Safe Work Australia Operational and Strategic Plans. Membership of the CAG will also be reviewed and the reconstituted group will be chaired by the Chair of Safe Work Australia, Mr Tom Phillips.
Next Meeting
The next Safe Work Australia Members’ meeting is scheduled for 10 November 2011 in Melbourne.