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This is the current version of the model WHS Act, dated 24 November 2023, which includes all amendments made since 2011. For the model WHS Act to have effect in a jurisdiction it must be implemented in that jurisdiction. Amendments to the model WHS Act do not automatically apply in a jurisdiction.
The Model Work Health and Safety Act has been amended by the Parliamentary Counsel’s Committee.
In October 2023 the Model Work Health and Safety Legislation Amendment (Gross Negligence Offences) 2023 amended the model WHS Act including:
- inserting a new provision which explains how the fault element of gross negligence is attributed to a body corporate.
The Explanatory Memorandum for the Amendment can be viewed here.
In July 2023 the Model Work Health and Safety Legislation Amendment (Offences and Penalties) 2023 amended the model WHS Act and model WHS Regulations including:
- amending the model WHS Act to include a jurisdictional note and model penalties for the offence of industrial manslaughter
- amending section 31 of the model WHS Act to clarify that an officer may commit a Category 1 offence under section 31 of the Act
- amending how WHS penalty provisions are expressed, increasing penalty amounts and providing for the indexation of penalty amounts
- inserting new provisions allowing for aggregation of conduct for body corporate PCBUs, and
- a technical amendment to regulations 55C and 55D (psychosocial regulations) to correct the placement of the regulation 9 note.
The Explanatory Memorandum for the Amendment can be viewed here.
You can review the WHS laws in your jurisdiction.
Older versions
Safe Work Australia publishes all historical versions of the model WHS Act on the Amendments to the model WHS laws page.
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