Safe Work Australia is an independent statutory agency which has the responsibility of improving occupational health and safety (OH&S) and workers’ compensation arrangements throughout Australia. It replaces the previous system which looked after these issues on a state-by-state basis.
The agency started operating in November 2009.
How Was This Agency Given its Powers?
On September 7, 2009, the federal Senate passed the Safe Work Australia Bill 2008 [No. 2] with no amendments. Safe Work Australia will operate under the Commonwealth government’s accountability and governance framework.
What Are the Main Roles of This Agency?
Some of the key functions of Safe Work Australia are:
- The development of national policies for OH&S and workers compensation;
- The preparation of a model Act, regulations and a code of practice related to OH&S. These will be adopted by every state and territory;
- Monitor the adoption of these policies and legislation;
- Conduct and publish research related to OH&S and workers’ compensation; and
- Develop and promote national strategies to raise awareness of OH&S and workers’ compensation-related issues.
What aspects of the Safe Work Act 2009 are significant?
Some important parts of the legislation are:
- The meaning of “reasonably practicable” - the standard used to qualify primary duty of care and the duties related to specific activities;
- Defining offences related to the breach of duty of care, such as causing death or serious injury, which has a penalty of $3 million for corporations;
- The right of workers to cease work without penalty if they believe that to continue work would expose them to serious risk of injury;
- Protection of workers from discrimination due to being involved in OH&S activities;
- The role and powers of workplace inspectors; and
- The procedure for decision reviews and legal proceedings.
You can view the complete legislation here.
What is the Safe Work Australia Council?
Safe Work Australia is headed by the Safe Work Australia Council. This body’s aim is to work to achieve continued reductions in workplace death and injuries, to improve workers’ compensation arrangements and achieve uniformity in both OH&S legislation and enforcement policies.
The Council comprises 15 members including an independent Chair, nine members representing the Commonwealth and each state and territory, two members representing the interests of workers (from the Australian Council of Trade Unions), two members representing the interests of employers (from the Australian Chamber of Commerce and Industry and the Australian Industry Group) and the Chief Executive Officer of Safe Work Australia.
The state of Victoria will be represented by Mr Greg Tweedly, who was appointed CEO of the Victorian WorkCover Authority in 2003.
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