Victoria looks set to push back implementation of the national occupational health and safety harmonised laws by another 12 months
Recent developments
The content of the Model Work Health and Safety Act (Model Act) has been reasonably settled for some time now and Victoria, in line with most other Australian states, appeared likely to adopt and implement laws based on the Model Act on 1 January 2012. However, recently the Victorian Government has cast serious doubts as to whether this will occur.
In a recent media statement, the Victorian Government announced that while it supports OHS harmonisation in principle, it requires more time to "assess the benefits and costs to Victoria, to ensure that the proposed package is in Victoria's interests". The statement notes that delays in the finalisation of the Model Regulations and model Codes of Practice mean Victoria will not have sufficient time to prepare for the introduction of the model laws. In addition, the final National Regulatory Impact Statement does not quantify the impacts on Victoria as promised. The Victorian Government called on the Commonwealth to defer implementation of the Model Act for a further 12 months.
Following the Government's media statement, WorkSafe Victoria announced it will continue to enforce the existing Occupational Health and Safety Act 2004 and the Occupational Health and Safety Regulations 2007 until the Model Act is passed into law.
The recent developments in Victoria add to concerns already raised by the Western Australian Government which has expressed reservations for some time regarding the Model Regulations and the Model Act in relation to both content and timeframes for implementation.
As a result, it is now looking more and more likely that adoption and implementation of laws based on the Model Act in both Victoria and Western Australia will be delayed until 1 January 2013, providing businesses with a greater opportunity to prepare for the transition.
What this means for employers
The additional 12 months preparation time in these states will give Victorian and West Australian organisations more time to conduct the comprehensive "gap analysis" required to determine areas where improvements or changes to their systems of work, policies and procedures are required to comply with the Model Act.
However, national organisations need to be aware that in all other states laws based on the Model Act are still likely to come into effect on 1 January 2012. As such, it is important for organisations to ensure their practices comply with the new laws and regulations in those states. Safe Work Australia, the national body charged with managing the implementation of the harmonised laws, has made it clear that no grace period will apply in relation to enforcement of the new laws following implementation.
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