Work Health & Safety (WHS) Bill
Work Health & Safety (WHS) Bill
A Bill was introduced to the NSW Parliament on the 5th May 2011 to amend the current Occupational Health and Safety Act 2000 (Act) to mirror some key parts the national model laws, in the lead up to the 1 January 2012 implementation. The Bill was passed on 1 June 2011 and will offer more clarity and help prepare everyone for the changes.
Major Changes
- NSW Industrial Relations Commission no longer has criminal jurisdiction on health and safety matters. It has now been transferred to the NSW District and Local Court for all health and safety criminal jurisdiction and the Supreme Court for any indictable cases.
- Increases in fines and penalties. Up to $3 million for a corporation and up to $600K plus 5 years gaol for its ‘officers’.
- Reverse onus for defence. Previously you had to prove an employer’s innocence of an offense, now you are innocent until you are proved guilty.
- Under the Occupational Health and Safety Act 2000 (OHS Act), a union official wishing to exercise rights under that Act must be an ‘authorised representative’ (i.e. a person who is an authorised industrial officer under the Industrial Relations Act 1996). When the model Work Health and Safety (WHS) Act comes into effect in NSW, the concept of ‘authorised representative’ will be replaced by ‘work health and safety (WHS) entry permit holder’. The model WHS Act provides for the granting of entry permits to officials of employee representative bodies, including both registered employee organisations under the Fair Work Act 2009 and associations of employees or contractors recognised under a state or territory industrial law.
For further information on the new model health and safety laws contact Safety Service Australia Pty Limited, 02 9836 3100 or www.safetyservices.net.au
