Model WHS Laws

We created the model WHS laws in 2011.

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 WHS RequirementsAuditing
NSWSIRA will assess the applicant’s commitment to safety, as well as its historical workplace safety record, by reviewing the compliance and safety history of the applicant as provided and regulated by SafeWork NSW over the last 4 years.N/A
VicThe OHS Management System standard ISO 45001 is used as the benchmark for OHS assurance for future and current self-insurers.

Compliance with Occupational Health and Safety Act 2004 — Inspectorate field interventions including enforcement activity, prosecutions and incident notifications.

Annual claims management self-audits are required for the duration of the licence period. Audits undertaken by the regulator:

  • at time of application for  approval, renewal and throughout the duration of the licence period against the ISO 45001 benchmarks
  • claims management audit conducted once in a self-insurer’s term of approval.
  • other claims management 'health checks' as required.

*A recent move away from auditing the self-insurers occupational health and safety management systems (OHSMS) against the National Audit Tool (NAT), and implementation of a broader OHSMS Assurance Program, which includes a Safety Partnership Oversight Program underpinned by AS/NZS ISO 45001:2018 Occupational Health and Safety Systems (ISO 45001) OR fully certified to ISO 45001 OR a combination of these 2.

QldWorkers’ Compensation and Rehabilitation Act 2003 s 71(4) and s 72(4) — The Workers’ Compensation Regulator must ask the chief executive of the department within which the Work Health and Safety Act 2011 is administered to prepare a report about the employer’s work health and safety performance.The report provided in accordance with s 71(4) and s 72(4) includes a summary of prosecutions, enforceable undertakings and notices issued against the self-insurer and a summary of audit findings. The audit for self-insurance is conducted at the time of licence renewal or before an initial licence is granted.
WA

As part of the application process a business plan is to be submitted providing detailed information about the applicant’s commitment to: 

  • preventing work-related injuries and disease 
  • maintaining a high standard of claim and injury management practices 
  • maintaining resources in Western Australia to fulfil legislative and operational obligations
  • developing and maintaining internal resource capacity in claims and injury management (unless outsourcing of claims management is sought and approved by WorkCover WA) 
  • a strong governance and corporate culture in safety and injury management.
It is a condition of approval that a self-insurer must participate in any audits and reviews as required by WorkCover WA 
SACompliance with the Self-insurer Standards and the WHS and Injury Management Standards, which can be found in the Code of Conduct. See also s129 of the Return to Work Act 2014Evaluation (work health and safety and injury management/rehabilitation) against the standards will be carried out in preparation for each registration renewal, and at other times should something come to ReturnToWorkSA’s attention that indicates a need for a further evaluation. See 2.5.2 ‘Performance standards’ within the Code of Conduct for Self-insured Employers

ReturnToWorkSA monitors self-insured employers throughout non-renewal years.
TasMust have an established work health and safety management system.

Upon application to self-insure, a National Audit Tool (NAT) Audit Report by a certified independent auditor or JAS-ANZ certification demonstrating conformance to the National Audit Tool (based on AS/NZS 4801) or OHS Management Systems that are of equal to or of a higher standard.

Must provide the WorkCover Tasmania Board with a comprehensive work health and safety report annually.
Work health and safety management system to be self-audited annually, with the use of the National Audit Tool as the audit tool: Conducting and providing the annual WHS management systems report

WorkCover surveillance audits are scheduled based on risk.  Annual self-audits must be submitted: WorkCover surveillance audits
ACTCompliance with applicant’s duties under Work Health and Safety Act 2011 – s84B of the Workers Compensation Regulation 2002

Maintain an occupational health and safety management system that complies with an Australian/New Zealand Standard on occupational health and safety – s84A Workers Compensation Regulation 2002;s91 Workers Compensation Regulation 2002
The self-insurer must agree to provide information, comply with reasonable requests of a person conducting a compliance or financial audit, and pay reasonable fees and expenses of a compliance audit or financial audit required by the regulator – s89 Workers Compensation Regulation 2002.
NTMust have work health and safety management system in place and conduct regular audits to be approved as a self-insurer. Safety Management Systems must be audited using the National Self-Insurer OHS Management System Audit Tool or equivalent.Annual self-audits are required against the Workers Compensation Best Practice Guidelines for Approved Insurers and Self-Insurers in the Northern Territory and Safety Management Systems must be audited using the National Self-Insurer OHS Management System Audit Tool or equivalent.
ComcareThe Safety, Rehabilitation and Compensation Commission (SRC Commission) sets Performance Standards and Measures for licensees, which include performance targets for WHS.

Licensees must demonstrate to the SRC Commission that they are continuing to meet the Commission’s Performance Standards and Measures throughout the licence term.

Licensees must comply with relevant work health and safety legislation. They must notify relevant incidents and are subject to inspectorate interventions including enforcement activity and prosecutions as and when required.

The SRC Commission is provided with regular updates on all aspects of each licensee’s performance, taking into consideration audit and compliance performances to determine if the licensee is complying with the conditions of licence or if further action is required to address relevant concerns.

WHS systems evaluation occurs prior to the grant of licence.

  • In the first 2 years of a licence, licensees are considered ‘Developing’ and are subject to extensive annual reviews.
  • From year 3, licensees are considered to be established and must provide annual evidence they are maintaining their WHS management system and meeting the applicable Commission’s Performance Standards and Measures.
  • This evidence can be supplied through internal or external audits, reviews or other means. Scheduled WHS management systems reviews in years 2 and 6 of the 8 year licence (if and as required)

 

NZ

As part of the entry and ongoing accreditation requirements employers must meet requirements relating to both claims and injury management, and health and safety. The health and safety requirements can be met through either: 

  • completing the Health and Safety section of the Assessment; or 
  • providing a valid ISO 45001 certificate.

This is to ensure the employer meets the legislative requirements as set out in the Accident Compensation Act 2001 and the Framework for the Accredited Employers Programme.

Monitoring and audit programme includes:

  • annual onsite health and safety audits using approved audit tool 
  • providing a valid ISO 45001 certificate
  • annual audits of claims management using approved audit tool
  • a review of the reporting of claims details and expenditure to be utilised to provide regular comparative benchmarking reports for the Manager and the individual Accredited Employer
  • a claimant satisfaction survey to determine overall claimant satisfaction with the Accredited Employers Program
  • monitoring of the ongoing solvency of the Accredited Employer and its expected ability to meet its obligations under the Accreditation Agreement.