The official website of Safe Work Australia website recently released the Model Work Health and Safety Legislation Amendment (Offences and Penalties) 2023.
The amendments have increased the number of penalties, included new sections for officer and corporate conduct, added a jurisdictional note on manslaughter, and made rectifications to the Psychosocial Regulations. These changes will further enhance workplace health and safety.
The final set of legislative changes necessary to implement the WHS ministers’ conclusions on the 2018 Review of the model WHS laws: Final Report (2018 Review) are included in the amending instrument along with a number of other changes.
However, changes do not always take effect in a jurisdiction. The model WHS Act and model WHS Regulations must be adopted in a jurisdiction for them to take effect there.
Amendments made to Model WHS Laws
The following amendments have been made to the WHS Laws:
1) Both the model WHS Act and model WHS Regulations should increase the number of penalties and allow for the indexation of fines in accordance with the national CPI (Consumer Price Index). ‘As a result of these changes, suggestion number 22 from the 2018 review has been brought into practice.
2) To implement the decision of the WHS ministers, a new section 30A should be included in the model WHS Act. During the meeting of the WHS ministers on February 28, 2023, an industrial manslaughter jurisdictional note and model sanctions were added to the model WHS Act, following the approval of a majority of ministers.
3) To make it clear that an officer can conduct a Category 1 crime under Section 31 of the Act, amend Section 31 of the model WHS Act.
4) Add additional sections 244A through 244D to the model WHS Act that let body corporate PCBUs aggregate their conduct.
5) Make changes to the 55C and 55D regulations in the model WHS Regulations (psychosocial regulations) to rectify the position of the regulation 9 note.
The additional provisions are now being included in the model WHS Act, model WHS Regulations, and supporting Explanatory Memorandum and Explanatory Statement. The websites will be updated once the consolidation is complete.
It’s important to note that the above-published amendments may not always be implemented in a particular area. For them to become effective, the jurisdiction should adopt both the model WHS Act and model WHS Regulations.
Anitech’s experienced consultants can help you understand these amendments and the ones applicable to your business as per your jurisdiction.
Do call us today at 1300 802 163 or e-mail – sales@anitechgroup.com.
For the latest updates on Work Health and Safety in Australia, stay tuned to the Anitech website.
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