Bills Digest no. 1, 2017–18
PDF version [628KB]
Paula Pyburne
Law and Bills Digest Section
11 July 2017
Contents
Purpose of the Bill
Structure of the Bill
Background
About Safe Work Australia
Establishment
Functions
Funding
Review of the role and functions of
Safe Work Australia
Conclusions of Review
Committee consideration
Selection of Bills Committee
Senate Standing Committee for the
Scrutiny of Bills
Policy position of non-government
parties/independents
Position of major interest groups
Financial implications
Statement of Compatibility with Human
Rights
Parliamentary Joint Committee on
Human Rights
Key issues and provisions
New object clause
Stakeholder comment
Key provision
Functions
National policy and strategy
Model WHS legislative framework
Workers’ compensation
Evidence
Education and communication
Collaboration
Advising WHS Ministers
Any other function
Consequential amendments
Concluding comments
Appendix A
Current functions of Safe Work
Australia compared with responsibilities in the Inter-Governmental Agreement
Appendix B
Proposed functions of Safe Work Australia
compared with responsibilities in the Inter-Governmental Agreement
Date introduced: 31 May 2017
House: House of Representatives
Portfolio: Employment
Commencement: the day after Royal Assent
Links: The links to the Bill, its Explanatory Memorandum and second reading speech can be found on the Bill’s home page, or through the Australian Parliament website.
When Bills have been passed and have received Royal Assent, they become Acts, which can be found at the Federal Register of Legislation website.
All hyperlinks in this Bills Digest are correct as at July 2017.
Purpose of
the Bill
The purpose of the Safe Work Australia Amendment (Role and
Functions) Bill 2017 (the Bill) is to amend the Safe Work
Australia Act 2008 (Safe Work Act) to:
- include
an overarching statement that provides a context in which Safe Work Australia
is to continue to perform its functions and
- update,
consolidate and simplify those functions.
Structure
of the Bill
The Bill comprises two Parts:
- Part
1 updates the object and functions of Work Safe Australia
- Part
2 makes consequential amendments including the replacement of current
references to the Ministerial Council with references to Work Health and Safety
(WHS) Ministers.
Background
The Commonwealth does not have the constitutional
authority to enact legislation regarding work health and safety (WHS) (formerly
referred to as occupational health and safety).[1]
Therefore, attempts at harmonisation of such legislation have required the
agreement of all Australian States.
In 2008, the Council of Australian Governments (COAG)
signed the Inter-Governmental
Agreement for Regulatory and Operational Reform in Occupational Health and
Safety (Inter-Governmental Agreement). The purpose of the Inter-Governmental
Agreement was to formalise cooperation between the Commonwealth, state and
territory governments on the harmonisation of WHS legislation and to establish appropriate
governance arrangements to support this cooperation.[2]
In addition, the parties to the Inter-Governmental Agreement agreed to the
following:
- the
development by the Commonwealth of legislation to replace the existing
Australian Safety and Compensation Council (ASCC)[3]
with a national independent body
- the
development, monitoring and maintenance of model WHS legislation by that
replacement body, including compliance and enforcement provisions and
- the
adoption and implementation of model WHS legislation by each jurisdiction, as
agreed by the Workplace Relations Ministers’ Council (WRMC).[4]
About Safe
Work Australia
Establishment
Accordingly, in 2008 Safe Work Australia was established
as an independent Commonwealth statutory body to improve occupational health
and safety outcomes and workers’ compensation arrangements in Australia by the Safe
Work Act. It is the replacement for the Australian
Safety and Compensation Council.[5]
Functions
Consistent with the Inter-Governmental Agreement, at the
time of its establishment, Safe Work Australia’s functions included:
- coordinating
and developing national policy and strategies
- assisting
with the implementation of model work health and safety (WHS) legislation and
reforming the legislative framework
- carrying
out and publishing research and
- collecting,
analysing and reporting data.[6]
The Parties to the Inter-Governmental Agreement also
acknowledged that Safe Work Australia (as the ASCC replacement body) would have
a workers’ compensation role, the details of which were not fully expressed in
the Agreement.[7]
Funding
Safe Work Australia is jointly
funded by the Commonwealth, state and territory governments through the Inter-Governmental
Agreement. The Commonwealth pays 50 per cent of Safe Work Australia’s budget
whilst the States and Territories, together, fund 50 per cent of the budget
with the contribution of each state and territory proportional to its
population.[8]
Review of
the role and functions of Safe Work Australia
When the Safe Work Act was enacted, it required
that the Minister ensure that a review of Safe Work Australia’s ongoing role
and functions be conducted starting six years after the Act commenced.[9]
This was presumably because it was expected that Safe Work Australia would
achieve its primary function of developing, and assisting in the implementation
of, model WHS legislation in that time. Appendix A to this Bills Digest
sets out in table form the current functions of Safe Work Australia compared to
the functions set out in the Inter-Governmental Agreement.
That review was duly undertaken and the resulting report (the
Review report) was given to the Minister for Employment in August 2016.[10]
The review itself was conducted by way of ‘a desktop review of activities of
Safe Work Australia as reflected in published material and targeted discussions
with stakeholders including Safe Work Australia members’.[11]
The Review report states that the following are recognised
as successes of Safe Work Australia in the area of WHS:
- significant
reductions in the rates of workplace fatalities and serious injuries across the
nation
- the
negotiation and development of model WHS laws, including an Act and regulations
which have been implemented in seven of the nine Australian jurisdictions, and
various codes of practice
- development
of a national policy to support a consistent approach to compliance and
enforcement of the model legislative framework
- development
of over 150 supporting publications and advisory guidance material
- the
introduction of a revised national WHS strategy in 2012, which is aligned with
the model WHS laws and
- the
continued provision of national data, and a central point for prioritising and
leading research for the purpose of informing WHS and workers compensation
policy.[12]
However, it also noted:
Progress on workers compensation arrangements has been less
pronounced, however this can generally be attributed to external factors beyond
the control of safe work Australia. These factors include the focus on
harmonisation of WHS laws, underlying commercial issues and disparate
jurisdictional perspectives and differences across the various workers
compensation schemes.[13]
Conclusions
of Review
According to the Review report, stakeholders considered
that the principles embodied in Safe Work Australia's current functions largely
remain valid. However, although its functions are clearly identified in the Safe
Work Act, its role is not. It was considered that the lack of a
clear legislated role for Safe Work Australia ‘has resulted in some ambiguity
around its purpose and how it is to perform its functions’.[14]
According to the Review report, stakeholders identified
that although Safe Work Australia has a statutory requirement ‘to ensure that a
nationally consistent approach is taken to compliance and enforcement’[15]
the implementation of the policy is an operational matter for regulators and
outside Safe Work Australia's remit. That being the case, stakeholders felt
that this function should be revised accordingly. In addition, there was a view
that the remaining functions should be expressed ‘as part of a strategic framework
which clarifies linkages across and between functions and the broader objective
of Safe Work Australia’.[16]
The amendments in the Bill respond to those views.
Committee
consideration
Selection
of Bills Committee
At the time of writing this Bills Digest, the Selection of
Bill Committee had not referred the Bill for inquiry and report.
Senate
Standing Committee for the Scrutiny of Bills
At the time of writing this Bills Digest, the Senate
Standing Committee for the Scrutiny of Bills had not commented on the Bill.
Policy
position of non-government parties/independents
At the time of writing this Bills Digest neither members
of non-government parties nor independents had commented on the Bill.
Position of
major interest groups
The stakeholder comments to the review have not been
published separately from the final Review report. That being the case, this
Bills Digest refers to those comments, where relevant, as set out in that
report.
Financial
implications
According to the Explanatory Memorandum to the Bill, it
will have no financial impact.[17]
Statement of Compatibility with Human Rights
As required under Part 3 of the Human Rights
(Parliamentary Scrutiny) Act 2011 (Cth), the Government has assessed
the Bill’s compatibility with the human rights and freedoms recognised or
declared in the international instruments listed in section 3 of that Act. Whilst
the Government acknowledges that the Bill engages Article 7 of the International
Covenant on Economic, Social and Cultural Rights,[18]
it considers that the Bill is compatible.[19]
Parliamentary
Joint Committee on Human Rights
At the time of writing this Bills Digest, the
Parliamentary Joint Committee on Human Rights had not commented on the Bill.
Key issues
and provisions
New object
clause
Stakeholder
comment
According to the Review report, stakeholders were
particularly supportive of Safe Work Australia as providing a strong framework
for tripartite engagement on both WHS and workers’ compensation matters which
would not otherwise be available.[20]
In particular, the ACTU is reported as stating that ‘Safe Work Australia
provides a strong forum for the social partners to have their views expressed
and known. The tripartite forum is particularly important and Safe Work
Australia provides a useful mechanism for consultation on critical workplace
matters’.[21]
Key
provision
Part 2 of the Safe Work Act provides for the
establishment and functions of Safe Work Australia. Item 7 of the Bill
inserts a new object clause into Part 2. Proposed section 5A provides
that the object of establishing Safe Work Australia is to improve national WHS
outcomes and workers’ compensation arrangements by providing an inclusive
tripartite forum for representatives of governments, workers and employers to:
- collaborate
on national WHS and workers’ compensation matters and
- lead
the development of evidence‑based national WHS and workers’ compensation
policies and strategies and
- promote
consistency in WHS and workers’ compensation arrangements across Australia.
The effect of proposed section 5A is to cement the tripartite
forum in legislation. This responds to the concerns expressed in the Review
report that Safe Work Australia’s role (rather than its functions) had not been
clearly set out in it is establishing legislation.[22]
Functions
According to the Review report, amendments need to be made
to the Safe Work Act to ‘update, consolidate and simplify the functions
of Safe Work Australia to ensure they are clear, achievable and strategically
focused for the future’.[23]
National
policy and strategy
Currently, section 6 of the Safe Work Act sets out
in table-form the 14 functions of Safe Work Australia. Item 8 of the
Bill repeals and replaces the table to consolidate the functions of Safe Work
Australia under eight topics.
Currently function 1 of Safe Work Australia is to develop
national policy relating to the WHS and workers’ compensation. According to the
Review report, stakeholders considered that Safe Work Australia’s ‘leadership
role’ in developing national WHS and workers compensation policy is important
and should continue’.[24]
Current function 5 is to develop a policy dealing with the
compliance and enforcement of the Australian laws that adopts the approved
model WHS legislation, to ensure that a nationally consistent approach is taken
to compliance and enforcement. Although Safe Work Australia has developed a National
Compliance and Enforcement Policy, the Review report noted that
stakeholders had mixed views as to whether Safe Work Australia should be
responsible for doing so—primarily due to the lack of clarity around the
demarcation of responsibilities in relation to compliance and enforcement.[25]
Current function 9 is to devise and further develop the National
WHS Strategy 2002–2012 which was released by the Ministerial Council on 24
May 2002, as amended from time to time. According to the Review report, ‘Safe
Work Australia has performed this function extremely well’.[26]
There was unanimous agreement that Safe Work Australia should continue to have
a role in reviewing, reporting on and coordinating activity under the
Australian WHS strategy. However, it was considered that ‘the wording is
outdated and needs to be updated to avoid future obsolescence’.[27]
Proposed table item 1 in section 6 of the Safe
Work Act rolls together existing functions 1, 5 and 9 so that Safe Work
Australia is to develop, evaluate and revise National WHS and workers’
compensation policy and supporting strategies including a National WHS strategy
and a national compliance and enforcement policy, to be developed for approval
by the WHS Ministers.
Model WHS
legislative framework
Currently functions 2 and 3 provide that it is a function of
Safe Work Australia:
- to
prepare a model Act and model regulations relating to WHS and
- to
prepare model codes of practice for approval by the Ministerial Council and for
adoption by the Commonwealth and by each of the States and Territories.
The Review report noted that the model WHS Act has been
prepared. It was ‘informed by an extensive and comprehensive national review
into WHS laws across Australia’ and was endorsed by WHS Ministers in December
2009.[28]
In addition, some 23 model Codes of Practice have been approved by WHS
Ministers. Despite the apparent progress in meeting this function, the
consensus amongst stakeholders was that ‘the functions remain important, but
they need to be updated to reflect the evolution of the model WHS laws’.[29]
Current function 4 requires Safe Work Australia to prepare
other material relating to WHS and if necessary to revise that material.
According to the Review report, Safe Work Australia has ‘published numerous
interpretive guidelines, fact sheets, information sheets, case studies and
other materials’ which can be accessed on their website.[30]
A number of stakeholders identified the production of national guidance as
important in facilitating nationally consistent approaches to WHS. The
consensus amongst stakeholders was that the development of supporting WHS
material is important and should continue.[31]
Current function 6 requires Safe Work Australia to monitor
the adoption of that legislation in each jurisdiction. There was support for
this as an ongoing function of Safe Work Australia. However, stakeholders
considered that ‘the focus of the function should shift to monitoring,
evaluating and reviewing the compliance and enforcement policy’.[32]
The Bill does not deliver a compliance and enforcement
role to Safe Work Australia. Instead, proposed table item 2 in section 6
of the Safe Work Act amalgamates current functions 2–4 and 6 so that it
is a function of Safe Work Australia to:
- develop,
evaluate and revise a model WHS legislative framework and other WHS material
and
- monitor
the adoption by the Commonwealth, States and Territories of the model WHS
legislative framework which has been approved by the WHS Ministers.
Item 4 of the Bill inserts the definition of model
WHS legislative framework into section 4 of the Safe Work Act meaning,
model regulations or model codes of practice relating to WHS, as amended from
time to time, developed by Safe Work Australia for adoption by the
Commonwealth, States and Territories. Items 66–69 in Part 2 of the Bill
contain consequential amendments to replace references to ‘model OHS
legislation or model OHS codes of practice’ with references to ‘model WHS
legislative framework’.
Workers’
compensation
Currently function 11 of Safe Work Australia is to develop
proposals relating to:
- harmonising
workers compensation arrangements across the Commonwealth, States and
Territories and
- national
workers compensation arrangements for employers with workers in more than one
of those jurisdictions.
According to the Review report, there were a number of
concerns in relation to Safe Work Australia’s functions regarding workers’
compensation—possibly because this function is not clearly expressed, or is
expressed in such a way as to not be achievable by Safe Work Australia. A
particular sticking point is the reference to ‘harmonising’ as stakeholders do
not consider that there is a ‘realistic prospect of harmonising workers’
compensation laws in the short to medium term’.[33]
The Review report acknowledged that the majority of stakeholders were of the
view that ‘workers’ compensation remains a valid function for Safe Work
Australia, but that the function needs to be refocussed away from
‘harmonisation’ to more achievable outcomes, such as ‘promoting consistency’ in
operational standards and practices’.[34]
That being the case, proposed table item 3 in section 6 of the Safe
Work Act provides that it is a function of Safe Work Australia to develop
proposals to improve workers compensation arrangements, and to promote national
consistency in such arrangements.
Evidence
Current functions at 7 and 8 deal with the collection of
data and the requirement to conduct and publish research relating to WHS.
Proposed table item 4 in section 6 of the Safe
Work Act contains evidence based functions including to collect, analyse
and publish data as well as to undertake and publish research to inform the
development and evaluation of relevant policies and strategies. This is
consistent with the Review report which states that ‘stakeholders unanimously
agree the collection and interrogation of workplace data in conjunction with
targeted research are vital functions of Safe Work Australia’.[35]
Education
and communication
Current function 10 requires Safe Work Australia to develop
and promote national strategies to raise awareness of WHS and workers’
compensation. The Review report sets out a number of ways in which Safe Work
Australia has satisfied this requirement including:
- the
Safe Work Australia Awards
- National
Safe Work Australia month
- the
annual virtual
seminar series
- sponsorships
and speaking requests and
- social
media engagement.[36]
A number of stakeholders suggested that Safe Work
Australia’s function should be modified to include ‘facilitating resource
sharing, and partnering with states and territories to support and promote
jurisdictional campaigns at the national level consistent with the Australian
WHS strategy’.[37]
However, proposed table item 5 in section 6 of the Safe Work Act replaces
the existing national awareness strategy function with education and
communication functions. Safe Work Australia will be required to develop and
implement national education and communication strategies and initiatives:
- to
support improvements in WHS outcomes and workers’ compensation arrangements and
- to
promote national consistency in such strategies and initiatives.
Collaboration
Current function 13 requires Safe Work Australia to liaise
with other countries or international organisations on matters relating to WHS
or workers compensation. Safe Work Australia meets this requirement by
participating in the international WHS and workers compensation community,
including by hosting numerous international delegations and attending
international fora to exchange information and intelligence on WHS and workers
compensation matters.[38]
According to the Review report stakeholders had mixed
views regarding Safe Work Australia’s performance of this function.[39]
In particular it was suggested that ‘international engagement undertaken in
pursuit of this function needs to be strategic and outcomes focussed’, and that
it must ‘be linked to the delivery of other functions such as national policy
development and the national strategy’.[40]
Proposed table item 6 in section 6 of the Safe
Work Act replaces current function 13 so that it is a function of Safe Work
Australia to collaborate with the Commonwealth, the states and territories and
other national and international bodies, on WHS and workers compensation policy
matters that are of national importance. This is consistent with the
stakeholder views expressed in the Review report that the function of
‘liaising’ is too passive and simply reflects the sharing of information rather
than a deeper engagement.[41]
The requirement for ‘collaboration’ is in line with Safe Work Australia’s role
of driving improvements in WHS outcomes and workers’ compensation arrangements.
Advising
WHS Ministers
Current function 12 requires that Safe Work Australia is
to advise the Ministerial Council on matters relating to WHS or workers
compensation. Under the terms or the Inter-Governmental Agreement Safe Work
Australia is report to the Ministerial Council as required. In particular, the
reporting must include a three year strategic plan and annual operational
plans, consistent with the strategic plan, for approval by the Ministerial
Council.[42]
There is no longer a formal Ministerial Council through
which to progress work and to clarify the interaction between Safe Work
Australia members and WHS Ministers as a collective.[43]
Some stakeholders did not consider it necessary to legislate this function.
However, the Safe Work Act gives legislative effect to the matters
agreed in the Inter-Governmental Agreement—including reporting requirements.
Accordingly, proposed table item 7 in section 6 of the Safe Work Act
replaces current function 12 so that Safe Work Australia is to advise the WHS Ministers
on national policy matters and initiatives related to WHS and workers
compensation.
Any other
function
Proposed table item 8 in section 6 of the Safe
Work Act a is set out in equivalent terms to those in current function 14,
that is, Safe Work Australia is to undertake such other functions as are
conferred on it by the Safe Work Act or any other Commonwealth Act.
This function provides flexibility so that Safe Work Australia may undertake
other functions which are as yet unspecified should that be required.
Item 2 of the Bill amends the summary of what the Safe
Work Act is about in section 3 of the Safe Work Act, to reflect the
updates to Safe Work Australia's functions.
Appendix B to this Bills Digest sets out in table
form the proposed functions of Safe Work Australia compared to the functions
set out in the Inter-Governmental Agreement.
Consequential
amendments
As the Workplace Relations Ministers’ Council no longer
exists the Bill makes consequential amendments to the Safe Work Act to the
‘Ministerial Council’ to refer to ‘WHS Ministers’.[44]
Concluding comments
This Bill fine tunes the functions of Work Safe Australia so
that they are better aligned to the functions specified in the Inter-Governmental
Agreement. The provisions of the Bill are consistent with the findings of the
Review report.
Appendix A
Current functions
of Safe Work Australia compared with responsibilities in the Inter-Governmental
Agreement
Functions of Safe Work Australia as
outlined in section 6 of the SWA Act |
Responsibilities and function as
outlined in the IGA |
1 |
National policy about OHS and workers’
compensation |
to develop national policy relating to
OHS and workers’ compensation; and |
3.2.1 [ASCC replacement body] will be an independent
Australian Government agency with the primary responsibility of driving
national policy development in respect of OHS and workers’ compensation
matters
3.2.2 (c) research, develop and recommend national
OHS standards as appropriate;
3.2.2. (g) monitor key developments
both national and international in OHS; |
2 |
Model OHS legislation |
to prepare a model Act and model
regulations relating to OHS and, if necessary, revise them:
(a) for approval by the Ministerial
Council; and
(b) for adoption as laws of the
Commonwealth, each of the States and each of the Territories; and
|
3.2.2 (a) develop, monitor, maintain and provide advice to WRMC on model
OHS legislation consisting of a model principal act, model regulations and
model codes of practice, to be adopted by all jurisdictions; |
3 |
Model OHS codes of practice |
to prepare model codes of practice
relating to OHS and, if necessary, revise them:
(a) for approval by the Ministerial
Council; and
(b) for adoption as codes of practice of
the Commonwealth, each of the States and each of the Territories and made
under laws of those jurisdictions that adopt the approved model OHS
legislation; and
|
3.2.2 (a) as above. |
4 |
Other OHS material |
to prepare other material relating to OHS and, if
necessary, revise that material; and |
3.2.2 (a) as above. |
5 |
Policy dealing with compliance and
enforcement of approved model OHS legislation |
to develop a policy, for approval by the Ministerial
Council, dealing with the compliance and enforcement of the Australian laws
that adopt the approved model OHS legislation, to ensure that a nationally
consistent approach is taken to compliance and enforcement; and |
3.2.2 (b) develop a compliance and enforcement
policy to ensure nationally consistent regulatory approaches across all
jurisdictions; |
6 |
Monitoring adoption of approved model
OHS legislation etc. in jurisdictions |
to monitor the adoption by the
Commonwealth, states and territories of:
(a) the approved model OHS
legislation as a law of those jurisdictions; and
(b) the approved model OHS codes of
practice as codes of practice of those jurisdictions; and
(c) the approved OHS compliance and
enforcement policy as a policy of those jurisdictions; and
|
3.2.2 (a) as above. |
7 |
Collection of data etc. |
to collect, analyse and publish data or other information
relating to OHS and workers’ compensation in order to inform the development
or evaluation of policies in relation to those matters; and |
3.2.2.(e) collect and analyse workplace injury and
disease data and undertake research in order to inform the development and
evaluation of OHS policy; |
8 |
Research etc. |
to conduct and publish research relating to OHS and
workers’ compensation in order to inform the development or evaluation of
policies in relation to those matters; and |
3.2.2 (c) research, develop and recommend national
OHS standards as appropriate; 3.2.2 (e) as above. |
9 |
National OHS Strategy 2002–2012 |
to revise and further develop the National OHS Strategy
2002–2012 released by the Ministerial Council on 24 May 2002, as
amended from time to time; and |
3.2.2 (f) oversee maintenance and further
development of the National OHS Strategy 2002–2012; |
10 |
National awareness strategies |
to develop and promote national strategies to raise
awareness of OHS and workers’ compensation; and |
3.2.2 (h) drive a national communications strategy
to raise awareness of health and safety at work; |
11 |
Workers’ compensation arrangements |
to
develop proposals relating to:
(a) harmonising workers’ compensation
arrangements across the Commonwealth, States and Territories; and
(b) national workers’ compensation
arrangements for employers with workers in more than one of those
jurisdictions; and
|
3.2.1 [ASCC replacement body] will be an
independent Australian Government agency with the primary responsibility of
driving national policy development in respect of OHS and workers’
compensation matters; |
12 |
Advising Ministerial Council on OHS
and workers’ compensation |
to advise the Ministerial Council on matters
relating to OHS or workers’ compensation; and |
2.1.3 Role and Functions of WRMC 3.3. Reporting Requirements |
13 |
Liaising outside Australia on OHS and
workers’ compensation |
to liaise with other countries or
international organisations on matters relating to OHS or workers’
compensation; and |
3.2.2 (g) monitor key developments both national and
international in OHS; |
14 |
Other conferred functions |
such other functions that are
conferred on it by, or under, this Act or any other Commonwealth Act. |
3.2.2 (i) undertake any other functions that are
agreed by WRMC. |
Source: Department of Employment, Review
of Safe Work Australia's role and functions, op. cit., Appendix D.
Appendix B
Proposed functions
of Safe Work Australia compared with responsibilities in the Inter-Governmental
Agreement
Proposed
functions of Safe Work Australia as outlined in the Bill |
Responsibilities and function as
outlined in the IGA |
1 |
National policy about OHS and workers’ compensation |
to develop, evaluate and, if necessary, revise national
WHS and workers’ compensation policies and supporting strategies, including
the following:
(a) a national WHS strategy, to be developed for approval
by the WHS Ministers;
(b) a national compliance and enforcement policy, to be
developed for approval by the WHS Ministers, for the model WHS legislative
framework
|
3.2.1 [ASCC replacement body] will be an independent
Australian Government agency with the primary responsibility of driving
national policy development in respect of OHS and workers’ compensation
matters
3.2.2 (a) develop, monitor, maintain and provide advice to
WRMC on model OHS legislation consisting of a model principal act, model
regulations and model codes of practice, to be adopted by all jurisdictions
3.2.2 (b) develop a compliance and enforcement policy to
ensure nationally consistent regulatory approaches across all jurisdictions |
2 |
Model OHS legislative framework and other WHS material |
(a) to develop, evaluate and, if necessary, revise:
(i) a model WHS legislative
framework, to be developed for approval by the WHS Ministers for adoption by
the Commonwealth, the States and the Territories; and
(ii) other material relating
to WHS and
(b) to monitor the adoption by the Commonwealth, the
States and the Territories of the model WHS legislative framework approved by
the WHS Ministers |
3.2.2 (a) develop, monitor, maintain and provide advice to
WRMC on model OHS legislation consisting of a model principal act, model
regulations and model codes of practice, to be adopted by all jurisdictions
3.2.2 (f) oversee maintenance and further development of
the National OHS Strategy 2002–2012 |
3 |
Workers’ compensation |
to develop proposals to improve workers’ compensation
arrangements, and to promote national consistency in such arrangements |
3.2.2 (a) as above. |
4 |
Evidence |
to:
(a) collect, analyse and publish relevant data; and
(b) undertake and publish research; to inform the development and evaluation of WHS and
workers’ compensation policies and strategies |
3.2.2.(e) collect and analyse workplace injury and disease
data and undertake research in order to inform the development and evaluation
of OHS policy; |
5 |
Education and communication |
to develop and implement national education and
communication strategies and initiatives:
(a) to support improvements in WHS outcomes and workers’
compensation arrangements; and
(b) to promote national consistency in such strategies and
initiatives;
|
3.2.2 (h) drive a national communications strategy to
raise awareness of health and safety at work |
6 |
Collaboration |
to collaborate with the Commonwealth, the States and the
Territories, and other national and international bodies, on WHS and workers’
compensation policy matters of national importance |
3.2.2 (g) monitor key
developments both national and international in OHS |
7 |
Advising the WHS Ministers |
to advise the WHS Ministers on national policy matters and
initiatives relating to WHS and workers’ compensation |
3.2.2 (a) as above. |
8 |
Other conferred functions |
such other functions that are conferred on it by, or
under, this Act or any other Commonwealth Act. |
3.2.2 (i) undertake any
other functions that are agreed by WRMC. |
[1]. Note
that throughout this Bills Digest, references are uniformly made to WHS rather
than OHS. Item 5 of the Bill repeals the definition of OHS
from the Safe
Work Australia Act 2008 (Safe Work Act).
[2]. Council
of Australian Governments (COAG), Inter-Governmental
Agreement for Regulatory and Operational Reform in Occupational Health and
Safety, (Inter-Governmental Agreement), COAG, Canberra, 2008, paragraph 1.1.
[3]. The
primary function of the Australian Safety and Compensation Council was to
declare national standards and codes of practice relating to occupational
health and safety matters. Australian
Workplace Safety Standards Act 2005, subsection 4(1).
[4]. Inter-Governmental
Agreement,
op. cit., paragraph 1.3.
[5]. P
Pyburne, Safe
Work Australia Bill 2008, Bills digest, 23, 2008–09, Parliamentary
Library, Canberra, 16 September 2008, p. 1.
[6]. Safe
Work Australia, ‘About
us’, Safe Work Australia website, 18 May 2017.
[7]. Inter-Governmental
Agreement, op. cit., recital E.
[8]. Inter-Governmental
Agreement, op. cit., clause 4.1.2.
[9]. Safe
Work Act, section 72.
[10]. Department
of Employment, Review
of Safe Work Australia's role and functions, Department of Employment,
Canberra, August 2016.
[11]. Ibid.,
p. 2.
[12]. Ibid.,
p. v.
[13]. Ibid.,
p. vi.
[14]. Ibid.
[15]. Safe
Work Act, section 6, table item 5.
[16]. Department
of Employment, Review
of Safe Work Australia's role and functions, op. cit., p. vi.
[17]. Explanatory
Memorandum, Safe Work Australia Amendment (Role and Functions) Bill 2017,
p. i.
[18]. International
Covenant on Economic, Social and Cultural Rights, done in New York on
16 December 1966, [1976] ATS 5 (entered into force for Australia on 10 March
1976).
[19]. The
Statement of Compatibility with Human Rights can be found at page i of the Explanatory
Memorandum to the Bill.
[20]. The
tripartite engage is between Commonwealth, state and territory governments;
employer representatives; and employee representatives.
[21]. Department
of Employment, Review
of Safe Work Australia's role and functions, op. cit., p. 9.
[22]. Ibid.,
p. vi.
[23]. Ibid.
[24]. Ibid.,
p. 13.
[25]. Ibid.,
p. 17.
[26]. Ibid.,
p. 36.
[27]. Ibid.,
p. 23.
[28]. Ibid.,
p. 14.
[29]. Ibid.,
p. 15.
[30]. Ibid.,
p. 16.
[31]. Ibid.
[32]. Ibid.,
p. 18.
[33]. Ibid.,
p. 26.
[34]. Ibid.,
p. 27.
[35]. Ibid.,
p. 35.
[36]. Ibid.,
p. 24.
[37]. Ibid.,
p. 25.
[38]. Ibid.,
p. 29.
[39]. Ibid.
[40]. Ibid.,
p. 30.
[41]. Ibid.,
p. 36.
[42]. Inter-Governmental
Agreement, op. cit., clause 3.3.2.
[43]. COAG
announced that there would be a review of Ministerial Councils in 2009. Source:
COAG, Communiqué,
COAG Meeting, Darwin, 7 July 2009. Following the review, COAG agreed
to reforms that would see the number of Ministerial Councils reduced from over
40 to about 11 or fewer by March 2011. Source: R Lundie, ‘Reform
of ministerial councils’, FlagPost, Parliamentary Library blog, 8 March
2011. Under the new system, enduring issues of national significance will be
addressed through Standing Councils, while critical and complex issues will be
addressed through limited life Select Councils. Source: COAG, Communiqué,
Attachment C—more effective Ministerial Council system, COAG Meeting,
Canberra, 13 February 2011, p. 1. The number of Ministerial Councils has since
been reduced to eight. Source: COAG, Communiqué,
COAG Meeting, Canberra, 13 December 2013, p. 4.
[44]. Items
1–65 of Part 2 to the Bill.
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