50/50 split on harmonisation of Work Health and Safety (WHS) laws
The Northern Territory, New South Wales, ACT, Queensland and Commonwealth are set for the commencement of the new harmonised WHS laws on 1 January 2012. South Australia, Victoria, Western Australia and Tasmania have delayed the implementation of the new laws. It is now clear that full harmonisation of WHS laws will not be achieved by 1 January 2012.
The Victorian and Western Australian Governments have not committed to a 1 January 2012 commencement of the harmonised laws and have failed to introduce draft legislation to their parliaments. Rather, it seems that adoption and implementation of the new laws in both of these states will be delayed until 1 January 2013, allowing businesses greater time to prepare for the transition.
In the Northern Territory, the Work Health and Safety Bill (WHS Bill) passed through Parliament on 2 December 2011. The ACT passed its bill in September 2011.
In addition to passing the WHS Bill and making the model WHS Regulations, in preparing for the commencement of the Workplace Health and Safety Act, Queensland has approved 11 new work health and safety Codes of Practice to take effect from 1 January 2012 and has amended 24 current State Codes to ensure consistency with the new laws. The new Queensland Codes of Practice are based on the model codes drafted by Safe Work Australia and aim to support the new legislation. Some examples of the new Codes of Practice include the "Confined Spaces" Code, the "How to Manage Work Health and Safety Risks" Code, and "Managing the Risk of Falls at Workplaces" Code.
NSW has confirmed that its Work Health and Safety Act will commence on 1 January 2012 as scheduled. The NSW Government has offered A$550,000 worth of grants for the development of training programs, such as workshops and seminars, to educate small businesses and assist them in understanding and complying with the new laws.
The South Australia Legislative Council has deferred debate on the proposed laws until February 2012 amid concerns that the new laws could increase the cost of housing. While South Australia was the first jurisdiction to introduce a model Work Health and Safety Bill to its Parliament earlier this year, it seems that it is now likely to be one of the last jurisdictions to implement the harmonised WHS laws.
The Tasmanian Upper House has decided to delay the implementation of its model laws for another 12 months, sending the Bill back to the Lower House for further debate in March 2012. Tasmania has also indicated it will retain its dangerous goods legislation.
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