This Advice provides important information about Safety and Workers’ Compensation issues relevant to Members including:

Legislative amendments in Queensland, the Commonwealth and ACT

Queensland, the Commonwealth and the ACT have made amendments to their WHS laws to adopt modifications that have previously been made to the Model WHS laws. It is important to note that the Commonwealth laws apply only to commonwealth public servants and self-insurers who have opted into the Comcare scheme.

Queensland has also announced changes to conditions related to general construction induction (white card) training.

In the ACT, amendments to the WHS Act also include a new obligation that is not in the Model WHS laws that will require employers to report “workplace sexual assault incidents” to WorkSafe ACT. Amendments have also been made to the accrual of leave during absence on workers compensation.

Reviews and Public Comment

South Australia – Industrial Manslaughter Bill

A draft Work Health and Safety (Industrial Manslaughter) Amendment Bill has been released for public comment which closes on 10 February 2023.

Queensland – Review of Queensland workers’ compensation scheme

The Workers' Compensation and Rehabilitation Act 2003 (the Act) requires that a review of the operation of the workers' compensation scheme is completed at least once in every five year period. The next review is due to be undertaken next year and is expected to commence early in 2023.

Victoria – Independent Review of the Dangerous Goods Act 1985 and associated regulations
The Victorian Government has recently released the report of the review of the Dangerous Goods Act together with their response to the recommendations.

Recent Guidance

VIC – Amended Industry Standard for the use of elevating work platforms (EWPs).

Related information from Ai Group regarding sexual harassment

In addition to WHS laws related to this topic (see Ai Group Member Advice NAT 129/22, dated 11 November 2022), new provisions related to sexual harassment have recently been passed in Parliament, amending the Sex Discrimination Act 1984 (Cth), the Australian Human Rights Commission Act 1986 (Cth) and the Fair Work Act 2009 (Cth). Members can access information about these changes in:

• Ai Group Member Advice NAT 133/22 (Respect@Work, accessible here; and
• Ai Group Guide to the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022, accessible here.