When it comes to Occupational Health and Safety (OHS) laws there is no single national system - all states and territories have responsibility for making and enforcing their own laws. However this is set to change following an agreement between all states and territories to harmonise laws across Australia.
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On 29 April 2010, the Safe Work Australia (SWA) members agreed by majority to declare the National Code of Practice for the Prevention of Falls in Housing Construction (‘the Code’)
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On 3 February 2010 the High Court of Australia handed down a landmark decision in the case of Kirk v Industrial Relations Commission of New South Wales [2010] HCA 1. This decision has completely overturned the current NSW system of OHS prosecutions and fully vindicates HIA’s past submissions that the NSW OHS law was fundamentally unfair to employers.
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Recently the federal government released a Draft Model Safe Work Act for public comment, as part of the first phase of national harmonisation of OHS laws. The Draft Act will be finalised by mid December for implementation by the states and territories in 2011, for commencement by 1 January 2012. Click here to view a copy of HIA’s submission.
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Last year the federal government, together with the states and territories, committed to harmonising OHS laws by 31 December 2011. The first step in the harmonisation process is the adoption of model legislation by all states and territories.
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