Bills Digest no. 24 2008–09
Safe Work Australia (Consequential and Transitional
Provisions) Bill 2008
WARNING:
This Digest was prepared for debate. It reflects the legislation as
introduced and does not canvass subsequent amendments. This Digest
does not have any official legal status. Other sources should be
consulted to determine the subsequent official status of the
Bill.
CONTENTS
Passage history
Purpose
Background
Financial implications
Main provisions
Contact officer & copyright details
Passage history
Date introduced:
4 September 2008
House: House of Representatives
Portfolio: Education, Employment and Workplace
Relations
Commencement:
Sections 1-3, on the day
of the Royal Assent; all other provisions, at the same time as
section 5 of the Safe Work Australia Act 2008
commences.
Links: The
relevant links to the Bill, Explanatory Memorandum and second
reading speech can be accessed via BillsNet, which is at http://www.aph.gov.au/bills/.
When Bills have been passed they can be found at ComLaw, which is
at http://www.comlaw.gov.au/.
The purpose of
the Bill is to repeal the Australia Workplace Safety Standards
Act 2005 (Australian Workplace Safety Standards Act). The Bill
also deals with consequential and transitional matters arising from
that repeal and the enactment of the Safe Work Australia Act
2008.
The Australian Safety and Compensation
Council (ASCC) was established by the former Government to
advise on the development of policies relating to occupational
health and safety and workers compensation matters. The ASCC is an
advisory body which represents the interests of governments,
employers and employees.[1]
The ASCC is empowered by the Australian
Workplace Safety Standards Act to declare a national standard or
code of practice in relation to an occupational health and safety
matter.[2]
At the meeting of the Workplace Relations
Ministers Council in Brisbane on 23 May 2008 all of the ministers
agreed to replace the ASCC with a body with tripartite
representation and which will be jointly funded by the
Commonwealth, states and territories. That body is Safe Work
Australia (SWA).
With the enactment of the Safe Work
Australia Act 2008 the functions of the ASCC will, amongst
other things, be carried out by Safe Work Australia.
The Bills
Digest for the Safe Work Australia Bill 2008 contains further
information.[3]
At its meeting of 4
September 2008, the Selection of Bills Committee resolved not to
refer the bill to a committee for formal inquiry.[4]
The measures outlined in the Bill will be
budget neutral.[5]
However, the cost of the primary bill, the Safe Work Australia Bill
2008, should be noted.
The Bill contains three
schedules.
Item 1 of Schedule 1 repeals the Australian
Workplace Safety Standards Act. The Australian Workplace Safety
Standards Act empowers the ASCC to declare occupational health and
safety national standards and codes of practice. With the enactment
of the Safe Work Australia Act 2008, the functions of the
ASCC will be carried out by SWA.
Schedule 2 of the Bill contains consequential
amendments.
Items 1 and 2 of Schedule 2
amend the Occupational Health and Safety Act 1991
(OH&S Act). Existing subsection 70(9) of the OH&S Act
contains a definition of advisory standard or
code . Under that definition a national standard, or
code of practice about occupational health and safety matters, is
declared by the ASCC under the Australia Workplace Safety Standards
Act. Item 1 repeals the definition and inserts a
new definition of advisory standard or
code so that SWA declares a national standard or code
of practice under the transitional provisions contained in
item 2 of Schedule 3 of this Bill. Item
2 of Schedule 2 provides that any standard or code in
existence at the time this Bill is enacted, and which remains
unamended, is not to be taken as a new advisory standard merely
because of the change of definition.
Items 3 and 4 amend the
Occupational Health and Safety (Maritime Industry) Act
1993 (OH&S (Maritime Industry) Act). As with the OH&S
Act, existing section 109(9) of the OH&S (Maritime Industry)
Act contains a definition of advisory standard or
code . Under that definition a national standard, or
code of practice about occupational health and safety matters, is
declared by the ASCC under the Australia Workplace Safety Standards
Act. Item 3 repeals the definition and inserts a
new definition of advisory standard or
code in the same terms as item 1. Item
4 of Schedule 2 is in the same terms as item 2.
Items 5-7 of Schedule 2 amend
the Safety, Rehabilitation and Compensation Act 1988
(Safety, Rehabilitation and Compensation Act). Existing paragraph
89E(1)(f) of the Safety, Rehabilitation and Compensation Act
provides that the Safety, Rehabilitation and Compensation
Commission (the Commission) is comprised of, amongst other things,
a member who represents the ASCC. Item 5 of
Schedule 2 repeals that paragraph and inserts new paragraph
89E(1)(f) so that the Chief Executive Officer of SWA will
be a member of the Commission.
Item 6 repeals the definition
of prescribed staff member in existing
subsection 89E(3) of the Safety, Rehabilitation and Compensation
Act. That definition makes reference to the National
Occupational Health and Safety Commission Act 1985 which has
been repealed.[6]
Existing section 89H of the Safety,
Rehabilitation and Compensation Act allows a member of the
Commission to appoint a deputy. Item 7 omits the
reference to a prescribed staff member within the meaning of
section 89E which is in existing subsection 89H(2) and substitutes
a reference to a member of staff of Safe Work Australia referred to
in subsection 59(1) of the Safe Work Australia Act
2008 .
The effect of the substitution is that the
Chief Executive Officer of SWA is able to appoint a deputy from the
staff of SWA. In the event that the Chief Executive Officer is
unable to attend a meeting of the Commission, then the person who
has been appointed as deputy is permitted to attend in their place,
and in those circumstances is taken to be a member of the
Commission.
Schedule 3 of the Bill contains transitional
provisions.
Item 1 of Schedule 3 provides
that a national standard or code of practice that is in force under
the Australian Workplace Safety Standards Act immediately before
the commencement of this item is taken to be a national standard or
code of practice declared by SWA in accordance with the
consequential amendments in Schedule 2 of this Bill. This may
include national standards and codes of practice which were
declared under the (now repealed) National Occupational Health
and Safety Commission Act 1985 and which have remained
unamended since that time.
Item 2 confers on SWA an
additional function, separate from those listed in clause 6 of the
Safe Work Australia Bill 2008. That function is to declare national
standards and codes of practice relating to occupational health and
safety matters. This function is currently carried out by the ASCC
under sections 4 and 6 of the Australian Workplace Safety Standards
Act. Importantly, item 4 of Schedule 3 provides
that SWA will cease to have that function on 1 January 2011 or on
such earlier or later date that is prescribed by regulations.
Item 3 sets out the
consultation requirements that must be met before SWA can declare
national standards and codes of practice as follows:
- SWA must publish a notice in the Gazette, inviting comments on
the proposed standard or code: item 3(1)
- the notice must be in the prescribed form and allow at least
four weeks for comments to be received: item
3(2)
- in addition to publishing the notice, SWA may use other means
to invite public comments: item 3(3)
- SWA must consider any comments made to it in deciding whether
or not the proposed standard or code should be altered:
item 3(6).
Item 5 requires that the
first draft strategic plan and operational plan are to be prepared
as soon as practicable after the commencement of sections 27 and 29
of the Safe Work Australia Act 2008.
Item 7 empowers the
Governor-General to make regulations prescribing matters necessary
and convenient for the carrying out or giving effect to the terms
in this Bill when it is enacted.
Paula Pyburne
16 September 2008
Bills Digest Service
Parliamentary Library
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