Workplace health and safety model laws
Safe Work Australia developed a set of workplace health and safety model laws in 2011 with the intent of unifying domestic legislation in this area.
Model laws require states, territories, and the Commonwealth to adopt them independently in order to be ratified and enforceable.
The model workplace health and safety laws included:
A model workplace health and safety act
A model set of workplace health and safety regulations
As well as a model Code of Practice
Jurisdictions
The regulatory bodies in each state, territory, and the Commonwealth are responsible for regulating and enforcing workplace health and safety laws within their own jurisdictions.
The map above shows the workplace health and safety agencies, acts, regulations, and codes in each state and territory.
The model laws developed by Safe Work Australia have been implemented in every jurisdiction with the exception of Western Australia and Victoria. Western Australia is currently considering elements of the model workplace health and safety laws. There are also industry-specific legislations that contain workplace health and safety laws, e.g. Electrical Safety Act 2002 (Qld).
Amendments
Model laws are amended periodically but they do not immediately apply to every jurisdiction. For an amendment to the model laws to apply and become legally binding, it must be:
created by the relevant body that makes regulations for the given jurisdiction
passed by the Parliament of the given jurisdiction
and independently enacted in the given jurisdiction
Amendments are a crucial component of workplace health and safety legislations’ continued efficacy. How can laws adequately protect without anticipating new dangers? This is a proactive means of preventing harm.
As Australia’s leading workplace relations specialist, Employsure can help you if you have any questions relating to work health and safety or employer obligations. Call us today on 1300 651 415 to speak with a specialist.
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