{{propApi.title}}
{{propApi.text}} {{region}} Change location{{propApi.title}}
{{propApi.successMessage}} {{region}} Change location {{propApi.title}}
{{propApi.text}} {{region}} Change location{{propApi.title}}
{{propApi.successMessage}} {{region}} Change locationMember and guest login
Enter your email and password to access secured content, members only resources and discount prices.
Did you become a member online? If not, you will need to activate your account to login.
If you are having problems logging in, please call HIA helpdesk on 1300 650 620 during business hours.
Forgotten password
Need some help?
If you are having problems logging in, please call HIA helpdesk on 1300 650 620 during business hours.
If the email address you have entered is registered, you will receive an email with further instructions.
Become part of the HIA community
Enables quick and easy registration for future events or learning and grants access to expert advice and valuable resources.
Create a guest account
Enter your details below and create a login
Send me exclusive tips, early access to new launches, and special offers. I can change my mind at any time.
By clicking Get started now you agree to the terms and conditions and privacy policy.
Health and safety codes of practice
HIA's Position statement
- Provisions in codes of practice should be practical options for duty holders to consider in order to help them to comply with workplace health and safety laws. They should not be used to set out additional provisions that are not prescribed by the workplace health and safety laws.
- Codes of practice should:
- set out practical guidance on how to comply with a workplace health and safety duty for the performance of work
- provide guidance on minimum acceptable practices for industry to follow
- be based on evidence as to the extent of the risk and the need for the practice to be set out in the code
- be written for use by, and in a manner accessible to, the persons doing the work and
- be subject to regulatory impact assessment for any new codes or changes to current codes.
- Demonstrated compliance with ‘deemed to comply’ standards set out in a code of practice must be acceptable as a non-contestable defence to an allegation of a breach of workplace health and safety duty.
- A code of practice should not make recommendations for keeping records or paperwork that is not required by the workplace health and safety laws.
- The process for the inclusion of technical standards, such as Australian Standards, as part of a code of practice must include a comprehensive regulatory impact assessment to prove a demonstrable need for its inclusion. Standards not subject to this assessment, should not carry any weight in meeting workplace health and safety obligations and should be described as ‘optional information that may be considered by duty holders’ only.
- Failure to comply with a code of practice should not in itself be an offence or have any evidentiary weight in a prosecution for the alleged commission of any offence. As an alternative to compliance with a code of practice, the option should exist to use evidence, such as a Job Safety Analysis or Safe Work Method Statement, as a defence to an alleged breach.
- There should be a housing specific safety code. Low rise residential building work should not be included under the same codes as general and large scale construction activities.
Background
- Many WHS requirements are set out in Codes of Practice which are referenced by legislation as a means of meeting a workplace health and safety obligation.
- Codes of Practice play an important role in providing guidance on how workplace health and safety in the residential building industry can be effectively managed on-site.
- At a national and state level there are a range of Codes of Practice now available to support businesses understand their WHS obligations and development appropriate workplace management systems to minimise safety risk.
- Codes of Practice provide scope for different approaches to be developed for different types of building work (commercial, civil, residential) to provide a more appropriate tailored approach to safety requirements.
- Codes of practice are meant to provide practical guidelines and solutions for compliance with health and safety laws. However, these codes have multiplied over the years, and are used to impose impractical and often confusing provisions for compliance, or to impose additional requirements that are not prescribed in the WHS laws.
- Codes of practice needs to set out practical options for compliance and include deemed to comply provisions.
- In recent years there has been a proliferation of referencing of secondary technical standards, such as Australian Standards, in Codes of Practice. This can add to the compliance burden on industry.
- Using Codes of Practice to reference system or processes that are familiar to the residential building industry may improve workplace health and safety practices and compliance with workplace health and safety laws.
Find the latest expert advice, guides and much more!
Was this page helpful?
State-wide Flood Hazard Code Amendment
HIA commented on the proposed State-wide Flood Hazard Code Amendment and welcomes the significant reduction in the application of the Hazards (Flooding – Evidence Required) Overlay through improved flood studies and more detailed mapping.
Minimum tax on discretionary trusts discussion paper
HIA took the following broad position on the Australian Government’s minimum tax on discretionary trusts consultation paper: if Treasury's own analysis concludes these tax measures increase the cost of doing business and require separate policies to offset their effects and offer restructuring relief, it is difficult to justify the objective of implementing this high minimum tax rate on discretionary trusts.
EIE – Standard and model conditions of consent
HIA commented on the Explanation of Intended Effect for Standard and model conditions of consent (the EIE). It is understood the EIE explains the proposed amendments to State Environmental Planning Policy 2021 that will give effect to consistent conditions of consent for residential development across the state.
Improving development assessment – Discussion paper
HIA supports the measures proposed in the discussion paper to enable consent authorities to assess development applications (DAs) more efficiently and consistently, and to reduce the escalating requests for further information from applicants.
Statutory Review of Industrial Manslaughter Offence
HIA provided feedback in response to the statutory review of the industrial manslaughter provisions that were introduced to the Work Health and Safety Act (2011) (WHS Act) in 2024.
QLD Building & Construction Code – Counsel Assisting's further submissions and draft implementation guidelines
HIA has provided a further response in relation to the Commission of Inquiry into the CFMEU and Misconduct in the Construction Industry and the proposed draft Qld Building Code of Practice and introduction of an Independent Regulator.