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National WHS Legislation Update
Safe Work Australia is the national policy body responsible for the development and evaluation of the model Work Health and Safety laws and has been working towards harmonising work health and safety laws (WHS) across Australia for several years now. The benefits of harmonising laws will mean a reduction in compliance and regulatory burdens for businesses and consistent safety standards for all workers in Australia.
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The Commonwealth, states and territories are responsible for regulating and enforcing work health and safety laws in their jurisdictions. On 1 January 2012 new work health and safety laws commenced in the Commonwealth, New South Wales, Queensland, the Australian Capital Territory, and the Northern Territory. The states Victoria, Western Australia and Tasmania, have deferred the implementation for a further 12 months and South Australian parliament have voted to adjourn the debate on the WHS Bill until 14 February 2012, where a commencement date for the new laws is yet to be decided by parliament.
The development of the model WHS Act, the model WHS Regulations, 11 model Codes of Practice and the National Compliance and Enforcement Policy are now complete and are available for download from the Safe Work Australia website.
Safe Work Australia have also released interpretive guidelines on three critical areas of the model Work Health and Safety Act and Regulation:
► the meaning of 'person conducting a business or undertaking';
► the health and safety duty of an officer under section 27; and
► the meaning of 'reasonably practicable'.
To support the Model Work Health and Safety Act, Safe Work Australia, in conjunction with the National Mine Safety Framework released draft model Work Health and Safety Regulations, model Codes of Practice and an Issues Paper for public comment. Public comment on these materials closed on 14 October 2011. Public comment on the Consultation Regulation Impact Statement closed on Friday 11 November 2011. Public comments are now available for viewing.
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Source: www.safeworkaustralia.gov.au