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Queensland's new work health and safety laws

22 December 2011

Solicitor Jonathan Mamaril reports that the new Queensland Work Health and Safety Act 2011 (the Act) gives effect to the national model Work Health and Safety Act (model WHS Act) developed by Safe Work Australia and agreed to by all states, territories and the Commonwealth under the Inter-Governmental Agreement for Regulatory and Operational Reform in Occupational Health and Safety. 

The Workplace Relations Ministers Council endorsed the model WHS Act on 11 December 2009, with the intention that the Commonwealth and each State and Territory government would enact a Work Health and Safety Act to commence on 1 January 2012. 

The Act mirrors the model WHS Act except for issues of terminology and areas of the model WHS Act that intersect with non-OHS laws. This includes matters such as establishing the local regulator and designating the appropriate courts and external review bodies. 

The Act aims to secure the health and safety of workers and workplaces through: 

  • the elimination or minimisation or risks
  • fair and effective representation, consultation, cooperation and issue resolution
  • encouraging employer organisations and unions to play a constructive role
  • provision of advice, information, education and training
  • effective and appropriate compliance and enforcement measures
  • appropriate scrutiny and review of actions taken by persons operating under this Act
  • a framework for continuous improvement and progressively higher standards of work health and safety
  • maintaining and strengthening the national harmonisation of work health and safety laws and facilitating a consistent national approach to work health and safety.  

In addition, workers and others are to be given the highest level of protection from hazards and risks as is reasonably practicable. 

For more information on this or any other workplace health and safety or employment matter, please contact: 

Jonathan Mamaril | Solicitor
Mullins Lawyers
t +61 7 3224 0323 
f +61 7 3224 0333
jmamaril@mullinslaw.com.au

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