Australia: Public consultation now open: The model WHS Act is under review

Safe Work Australia is undertaking an examination and report on the content and operation of the model WHS Act.

The review will consider:

• whether the model WHS laws are operating as intended;
• if any areas of the model WHS laws have resulted in unintended consequences;
• if the framework of duties is effective at protecting workers and other persons against harm to their health, safety and welfare and whether the framework can adapt to changes in work organisation and relationships;
• whether the compliance and enforcement provisions, such as penalties and enforceable undertakings, are effective and sufficient to deter non-compliance with the legislation;
• if the consultation, representation and issue resolution provisions are effective and used by duty holders (and whether workers are protected where they participate in these processes); and
• whether the model WHS Regulations, Codes of Practice and National Compliance and Enforcement Policy adequately support the object of the model WHS Act.

Written submissions are due by 13 April 2018, with the review to be finalised by the end of the year.

For further information or assistance in preparing submissions, please contact us.