Harmonisation of OHS Laws in Australia

By: Personalised Business Coaching & Solutions  09-Jun-2011
Keywords: Harmonisation Legislation, Harmonisation of Ohs Laws, Harmonisation Oh&S,

As of 1 January 2012 the Commonwealth, States and Territories have agreed to implement nationally harmonised WH&S Legislation.

While the Act is largely similar to the current Queensland Workplace Health and Safety Act 1995, there are a number of important differences:

Business operators must do what is reasonably practicableto eliminate or minimise risk to health and safety.

• Company directors will have a positive and proactive duty to exercise due diligence. This represents a shift away from attributed liability (i.e. being held liable for contraventions by the company) and requires directors to:

-acquire and keep up-to-date knowledge of health and safety matters

-gain an understanding of hazards and risks associated with the company’s   operations.

-ensure appropriate resources are available for use to eliminate or minimise risks from work carried out.

-ensure appropriate processes for obtaining information about incidents, hazards and risks, and responding to them

-ensure processes for complying with duties are implemented, e.g. reporting, consultation arrangements, training and instruction verify the provision  and use of resources for the matters listed above.

• Workers must exercise reasonable care that their acts or omissions do not adversely affect the health and safety of all persons at a workplace.

• There will be no requirement for business operators to appoint workplace health and safety officers (WHSOs). However, as it is a requirement for business operators, including company directors, to be familiar with the risks and hazards associated with their operations, and to provide appropriate control measures to ensure a safe working environment, businesses are encouraged to have access to trained safety personnel.

• Health and safety representatives HSRs) will represent defined work groups at a workplace. These will need to be negotiated with the business operator.

• Health and safety issues are to be resolved in accordance with an agreed procedure. Where there is no agreed procedure at a workplace, the national model laws set out a default procedure.

• HSRs will be able to issue provisional improvement notices and can direct workers to cease work after consultation and an attempt to resolve an issue, or without consultation, if there is an immediate and imminent threat to health and safety.

What are the Benefits of Harmonisation?


  • Greater Clarity and Simplicity for all parties.
  • Reduced costs for National Businesses.
  • Provision of consistent Safety Standards and rights for all employees in the country.
  • Reduced Government Expenditure in developing and administering.

Will you be Ready??

Keywords: Harmonisation Legislation, Harmonisation of Ohs Laws, Harmonisation Oh&S,

Contact Personalised Business Coaching & Solutions


Print this page

Other news and updates from Personalised Business Coaching & Solutions


April 2016 Newsletter



Drug & Alcohol Testing

We have listened to a number of our clients that have tried to source someone who will “work with them”


December Newsletter 2012

Please click on our newsletter link for December 2012 http://www.personalisedbusiness.com.au/pb/december-newsletter/


August Newsletter 2012

“Some interesting facts and reading for you re the ongoing responsibilities, even if there is NO money and a


July Newsletter

A new financial year and a good reason to assess where you are at with WH&S. Well a new


April Newsletter

Word is out there, the checks are starting!!!!!!! Well as we go into the Easter break there is some


March 2012 Newsletter

  Also check out our new website


October News Letter

So where are we up to re the Changes as of January 1 2012?   Good morning all. Well we are


August News Letter

  Overview of WHSQ interventions for 2011-2012


Quality Assurance. A point of difference that your competitors may not have

  Need a “point of difference” from your competitors in the tough market place of business? Thought of becoming a


OHS Harminisation Laws update

  Personalised Business - Harmonisation Update on new Harmonisation laws. To find out about the latest changes in the harmonisation


July News Letter

  This is a good “lesson” for any one that deals directly or indirectly with labor hire business, including temporary recruitments.


Due Diligence

  Under the new Work Health and Safety Bill 2011 an Officer of Corporations and unincorporated bodies must exercise due diligence


Ever thought about gaining National Standard for HR Framework compliance?

  In today’s business world there are a few “points of difference”, and one is that of accreditation and compliance