The harmonisation of OHS laws across Australia is in process and is being introduced in order to standardise the state/territory based system we have in place at present. The Commonwealth and each state and territory government have agreed to harmonise their work health and safety laws, including Regulations and Codes of Practice, so that they are similar in each jurisdiction.
As you may have heard, the implementation of the new WHS Act is not going smoothly with some regions deciding to implement the new laws at different times rather than the date of 01/01/12 as had been planned for. This will make life difficult for some Australian businesses, in particular those who cross state borders who will be faced with complying with current OHS legislation and then the new legislation.
Update on status of WHS Act in States
ACT - Model law passed and expected to commence 1/1/12
NSW - Model law passed and expected to commence 1/1/12
VIC - No law before the parliament. VIC Government has confirmed that it will defer to 1/1/13
Tasmania – Have introduced model legislation to Parliament but date of commencement not confirmed
SA – WHS will be delayed
NT – Model law passed and expected to commence 1/1/2012
QLD – Model law passed and expected to commence 1/1/2012
WA - WHS will be delayed
NSW has confirmed a 1 January 2012 commencement date for the WHS Act, and has approved $550,000 in training grants to get businesses up to speed with the new legislation. Queensland will continue with the 1 January 2012 commencement and has enacted 11 of the new Codes of Practice while amending 24 of its existing State codes. Commonwealth parliament passed the Work Health and Safety Bill 2011, which will cover employers under the Comcare scheme. The Commonwealth legislation will come into effect on 1 January 2012.
While harmonisation is delayed in some states it will happen and will affect your business. However, some businesses can delay the new laws by twelve months. Federal Workplace Relations, Minister Chris Evans, announced in November 2011 that Safe Work Australia has arrangements to help businesses move to the new system from January 1. "The transitional arrangements will apply to the model occupational health and safety regulations and provide delayed commencement of up to 12 months or more where the new laws result in a new or significantly different set of duties," Senator Evans said.
For more information on WHS legislation http://www.safeworkaustralia.gov.au/Pages/default.aspx Contact Inspire Success if you would like to discuss how this affects your business.
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