OHS Harmonisation Update

With the end of 2012 fast approaching,  it is timely to briefly review the current progression of OHS harmonisation to date.

The Australian Capital Territory, the Commonwealth, New South Wales, Northern Territory and Queensland have all implemented harmonised OHS legislation which became operational on 1 January 2012 in these jurisdictions.

Tasmania and most recently South Australia have enacted harmonised OHS legislation which will become operational on 1 January 2013.

Western Australia intends to adopt harmonised OHS legislation and is currently entering a consultation phase however the final legislation is unlikely to be operational for at least a further 6 to 12 months.

Victoria remains reluctant to adopt the harmonised legislation at this point and the current Occupational Health and Safety Act 2004 continues to apply.

For those jurisdictions  which have adopted the harmonised legislation, careful regard should be had to the transitional provisions. For instance in New South Wales, as of 1 January 2013, any policies or procedures which had effect for the purposes of the prior OHS laws, will cease to have effect from 1 January 2013.

If you would like more information about the harmonised OHS laws or would like assistance with preparing a new OHS policy which complies with the harmonised system, please contact National Workplace Lawyers on +61 2 9233 3989. 

National Workplace Lawyers

Note — this is for information purposes only and does not purport to be comprehensive or to render legal advice.