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Home Membership Information Services OHS and workers' compensation From OHS to WHS - The New National Work Health and Safety Laws Background information

Background information

In early 2008, a Review Panel was appointed to develop model OHS legislation that could be adopted by all states.

Ai Group met with the Review Panel on 1 May 2008. An Issues Paper was released for public comment on 30 May 2008; public comment closed on 11 July 2008. A series of member consultation meetings were held in June/July 2008 providing invaluable input into Ai Group's submission. Access Ai Group's submission here

An Inter-Governmental Agreement (IGA), providing commitment to the national approach, was signed by all jurisdictions in July 2008.

The Review panel released two reports - one in October 2008; the second in January 2009.

On 18 May 2009, the Workplace Relations Ministers’ Council (WRMC) released their response to the reports of the National OHS Review Panel.

The draft Model OHS Act was released for public comment on 28 September 2009. A series of member consultations were held in October to enable us to consider employer views during the development of our submission on behalf of members. Public comment closed on 9 November 2009. A copy of the Ai Group submission can be accessed here.

All public submissions made during the public comment process will be available at the Safe Work Australia website.

Safe Work Australia has considered the feedback received and, in consultation with the tripartite Strategic Issues Group - Occupational Health and Safety (SIG-OHS) have made amendments to the proposed laws. At their meeting on 9 December 2009, Safe Work Australia Members agreed to refer the Model OHS Act, now known as “model work health and safety laws” to Workplace Relations Ministers’ Council for consideration.

On 11 December 2009 the Workplace Relations Ministers’ Council endorsed the model laws, subject to minor technical and drafting amendments, including a mechanism for maintaining the real value of penalty levels. This is to enhance the legal effectiveness and workability of the policy framework previously endorsed by WRMC. It is expected that this work will be finalized by 30 March 2010. A copy of the Act and communiqué can be accessed here

Draft National Model OHS Laws - Public Comment Submission

WRMC release suite of documents for public comment
Draft Model OHS Act 
Draft Administrative Regulations  
Discussion paper (which includes, as appendices, two interpretative guidelines and a list of proposed penalties)
Consultation Regulatory Impact Statement (RIS)

Ai Group information paper to assist employers develop their views on the package of documents.

WRMC support recommendations of National OHS Review – 18 May 2009
Ai Group summary of key issues 
Full communiqué and recommendations

Second Report of the Review Panel released February 2009

WRMC communiqué - 5 November 2008


First Report of the National OHS Review - October 2008

Access Ai Group's submission in response to the Issues Paper

Access a summary of Ai Group's submission

National OHS Review - Issues Paper

National OHS Review - Terms of Reference 

National OHS Review - Panel Members

Council of Australian Governments' Meeting Communiqué - 26 March 2008