A review of Australia’s occupational health and safety laws has found that the laws are broadly operating as intended, but has made 34 recommendations to enhance the legal framework - including tougher penalties for non-compliance.

The review, which was undertaken by Safe Work Australia, was recently released and has been given to relevant ministers for consideration and their response to the recommendations is expected later this year.

Marie Boland, a leader in WHS policy and regulation and former Executive Director of SafeWork SA, was appointed to conduct the review in consultation with key stakeholders including regulators, businesses and the general public to examine how the model WHS laws are operating in practice. 

Key recommendations relate to the model WHS Regulations and Codes of Practice, including making regulations on psychological health, higher penalties and other measures to strengthen the compliance and enforcement framework and enhance deterrence, and clarifying requirements for meaningful WHS consultation, representation and participation to improve safety outcomes.

“The model WHS laws are largely operating as intended but I am recommending some changes to provide clarity and to drive greater consistency in the application and enforcement of the laws across jurisdictions,” Ms Boland said.

“The three-tier legal framework is widely supported, and there is a view that it is sufficiently flexible to accommodate the evolving nature of work and changing work relationships.”

This review meets WHS ministers’ commitment to review the model WHS laws regularly and ensure they continue operating effectively. Safe Work Australia is the national policy body responsible for the development and evaluation of the model WHS laws.

Click here to read the Safe Work Australia Review of the Model WHS laws: Final Report.