FAQs

What are the new national Work Health and Safety (WHS) laws?
The new national Work Health and Safety (WHS) laws have been developed to replace the existing state based Occupational Health and Safety (OHS) laws. The WHS laws mean that the same safety protection and the same penalties for safety offences will apply across all locations in Australia.

Why do we need new national WHS laws?
The current state based safety laws are similar in some ways to one another but there are also differences which can be confusing. Australian workers should be entitled to the same work health and safety standards wherever they work. The national WHS laws provide that consistency.

The nature of work has changed over the years. Places where work is done have become more diverse, for example it is becoming more common for some workers to work from their home. Alternative employment arrangements such as labour-hire, contractors and the use of volunteers are also becoming more of an everyday occurrence. The national WHS laws have been developed to reflect these changes. 

How will the national WHS laws replace the current laws?
The new WHS laws have been developed as model laws. Information on the development of the laws can be found here. Each state and territory will need to replace their existing safety laws with laws that mirror the model WHS laws by the end of 2011. It is expected that all laws will commence on 1 January 2012.

How will the transition between the current laws and the new laws work?
All states and territories have agreed to a set of principles to ensure that transitional arrangements are consistent across Australia, although some slight variations are expected as each jurisdiction will be changing from a different health and safety system. It is important to start preparing for the change as early as possible and to get information and help with the process.

Will there be a national regulator?
No. The Commonwealth and each state and territory will continue to have its own regulator to administer the WHS laws in their jurisdiction.

Where can I find a copy of the new national WHS laws?
Agreement on the model national WHS laws with some drafting changes was reached in May 2010. Click here to access the WHS laws. Information can also be found on the Safe Work Australia website. 

Will the Regulations, Codes of Practice and guidance material also be harmonised?
Yes. The intention is for all safety laws to be harmonised across Australia.

Who is coordinating this project?
The independent tripartite statutory body Safe Work Australia (SWA) is coordinating the project. SWA was established on 1 November 2009. Its primary function is to progress the model WHS laws in partnership with state and territory governments, worker and employer representatives.

Ai Group is part of the employer representation with Safe Work Australia and is well placed to provide up to date information, help and advice on the WHS laws.