Posted by LNA Master Landscapers Association
on 5 May 2016
In April, the NSW Government's SafeWork NSW launched a discussion paper entitled 'Proposed Terms of Reference for the Statutory Review of the Work Health and Safety Act 2011'.
This discussion paper is designed to focus on the scope and terms of reference to be encompassed in the upcoming review of the Act. It should be noted that this discussion paper is only designed to ensure the scope of the review to be conducted is appropriate and that it will be conducted in an efficient manner, what should be included in the review and what should be excluded. A further discussion paper to be titled 'Have Your Say' will be published in August 2016 during the actual review process and that will be your opportunity to make submissions regarding the functioning of the ACT in the NSW context within the National Compliance and Enforcement Policy framework.
Summary of the proposed scope of the review
The proposed scope for the review is broken into four main parts:
To determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives
To consider NSW legacy codes carried over from NSW Occupational Health and Safety legislation that existed prior to the development of the national framework. These legacy codes have not been included as part of the standard review processes conducted by Safe Work Australia (SWA), the body responsible for the maintenance, review and improvements to the Work Health and Safety Act 2011 as they fall outside the national framework. (A full list of the these codes can be found in an appendix to the discussion paper)
The Work Health and Safety Act 2011 is due to be automatically repealed on 1 September 2017 so it is proposed that the review consider the Regulation
The review will draw on the limited review previously conducted by the COAG examination of the model health and safety laws but will not duplicate this work.
Submissions to this Proposed Terms of Reference discussion paper close 31 May 2016.
As the Regulation is due to be repealed on 1 September 2017, the Regulation will need to be remade following the completion of the review of the Act. The schedule for releasing the proposed re-regulation will be published to the public in time for further comment with publication due to be made in early 2017. This will allow for due consideration, receipt and analysis of submissions regarding the re-regulation draft prior to the finalisation and commencement of the new Regulation.
To read the discussion paper in full and to find the details for making a submission, click here.