So the new WHS Harmonisation legislation went through – or did it? This is where the national harmonisation of work health and safety laws currently stands…
The Commonwealth rolled out the Act, Regulations and Codes of Practice on time, as did NSW.
QLD also commenced when the clock struck midnight on 1/1/2012, but are amending their own Codes of Practice to be consistent with the new Act and Regulations.
ACT is also up-to-date – except they haven’t adopted 100% of the Codes.
NT is also up-to-date, although they kept their current Mining Codes until 1st March 2012.
Although they were first to start organising themselves with the new Act, it was withdrawn from the SA parliament for procedural reasons and have now tabled a debate this year with a view to commencing the laws 1st Jan 2013.
VIC looks like they will enact the legislation but they want to assess the impacts and benefits to Victoria first and have said they need another 12 months to make this assessment.
TAS is not going ahead until 1st Jan 2013.
WA is not adopting the entire Act because of opposition to four areas:
- Changes to the penalties are viewed as being excessively punitive
- Union right of entry will not be introduced because it already exists under the Industrial Relations Act 1979 (WA)
- Directions from Health and Safety Reps to stop work when it’s unsafe will be opposed because WA believes workers shouldn’t have to wait for a HSR to stop work
- Reverse onus of proof for prosecutions of discrimination, coercive or misleading conduct is opposed.
This information is sourced from http://www.safetyrisk.com.au