Safe Work Australia is responsible for maintaining model work health and safety (WHS) laws, but they do not regulate or enforce them. In 2011, Safe Work Australia developed model work health and safety laws that would be then implemented across states in Australia. However, commonwealth and state and territory regulators will oversee and enforce the laws in their jurisdiction.
For these model work health and safety laws to become legally binding, the Commonwealth, states and territories must separately implement them as their own laws.
What do model work health and safety laws include?
The Model Work Health and Safety Act
The Model Work Health and Safety Regulations
The Model Codes of Practice
Background
A single set of work health and safety laws were created for jurisdictions to implement in Australia. These would be known as ‘model’ laws. Each state and territory, and the Commonwealth, has its own WHS laws, including an Act, regulations and codes of practice.
With states laws differing, there was a need for a model legislation in a bid to harmonise WHS laws. A National review was conducted into Model Occupational Health and Safety Laws so as to make recommendations and suggestions. The national review was carried out by a panel of independent experts that had public consultation with regulators, union and employer organisations, industry representatives, academics, health and safety and legal professionals. They made several recommendations in two reports and in May 2009, Workplace Relations Ministers’ Council (WRMC) set a policy framework to develop a model work health and safety Act based on those recommendations.
When did the states implement model health and safety laws?
Commonwealth, Australian Capital Territory, New South Wales, Northern Territory and Queensland implemented the laws on 1 January 2012
South Australia and Tasmania implemented the model WHS laws on 1 January 2013
Western Australia passed a version of the laws on 10 November 2020, and they became operational on 31 March 2022.
Victoria is the only jurisdiction in Australia who has not implemented the model WHS laws as of now.
Are there variations in the laws?
It depends on the jurisdiction in question. Some variations in their WHS laws may be required to ensure the legislation is consistent with their other processes and laws.
Please note that this information is intended to act as general information and does not constitute advice. If you do need advice, please consult a legal professional.
