Model WHS legislation

New work health and safety laws commenced in New South Wales, Queensland, the Australian Capital Territory, the Commonwealth and the Northern Territory on 1 January 2012.

In July 2008, the Council of Australia Governments formally committed to the harmonisation of work health and safety laws by signing an Intergovernmental Agreement for Regulatory and Operational Reform in Occupational Health and Safety (IGA).

The model work health and safety legislation consists of an integrated package of a model Work Health and Safety (WHS) Act, supported by model Work Health and Safety (WHS) Regulations, model Codes of Practice and a National Compliance and Enforcement Policy.

Safe Work Australia is the national policy body responsible for the development and evaluation of the model Work Health and Safety laws. The Commonwealth, states and territories are responsible for regulating and enforcing work health and safety laws in their jurisdictions.

Under the IGA, all jurisdictions have committed to adopting the model work health and safety legislation, with minor variations as necessary to ensure it is consistent with relevant drafting protocols and to achieve consistency with other laws and processes operating within the jurisdiction.

Below is a table showing each jurisdiction’s progress in implementing the new laws. Where a jurisdiction has already enacted the WHS Act and the WHS Regulations the links provided will take you to these documents.

Jurisdictional progress on the model work health and safety laws

 Jurisdiction Introduced to parliament  Passed  Date of Implementation
Commonwealth      
Work Health and Safety Act 2011 6 July 2011  24 November 2011 1 January 2012
Work Health and Safety Regulations 2011 Made
7 December 2011
Registered
14 December 2011
1 January 2012
Australian Capital Territory       
Work Health and Safety Act 2011  23 June 2011 20 September 2011  1 January 2012
Work Health and Safety Regulation 2011 19 December 2011 1 January 2012
New South Wales       
Work Health and Safety Act 2011  5 May 2011 27 May 2011  1 January 2012. Laws relating to officers’ due diligence duties are already in effect
Work Health and Safety Regulation 2011 16 December 2011 1 January 2012
Northern Territory      
Work Health and Safety (National Uniform Legislation) Act 2011 27 October 2011  1 December 2011 1 January 2012
Work Health and Safety (National Uniform Legislation) Regulations 30 December 2011 1 January 2012
Queensland      
Work Health and Safety Act 2011 10 May 2011 26 May 2011  1 January 2012
Work Health and Safety Regulations 2011  Approved on
24 November 2011
29 November 2011 1 January 2012
South Australia      
Work Health and Safety Bill 2011  19 May 2011   Parliament voted to adjourn debate on the Work Health and Safety (WHS) Bill until further notice
Tasmania      
Work Health and Safety Bill 2011 18 October 2011  13 March 2012  Amended commencement date of 1 January 2013 accepted by the Lower House on 13 March 2012.
Victoria
Not yet introduced The Victorian Government announced it would delay harmonisation
Western Australia
Not yet introduced The Western Australian Government has announced that it is unable to meet the 1 January 2012 implementation timeframe

The development of the model WHS Act, the model WHS Regulations, 11 model Codes of Practice and the National Compliance and Enforcement Policy is complete.  Work is continuing to develop further model Codes of Practice and guidance material to support the model laws.

Each state and territory work health and safety authority has developed resources to assist their jurisdiction with the transition. See contact details for state and territory work health and safety authorities.

Further information

For more information see the model work health and safety laws factsheet.

Model Work Health and Safety Act

Model Work Health and Safety Regulations

Model Codes of Practice

National Compliance and Enforcement Policy

Work health and safety guidance material

Major Hazard Facilities guides

Transitional arrangements

Decision Regulation Impact Statements

Harmonisation – background

Frequently asked questions