Queensland's Work Health and Safety Act review to begin next week

It aims to ensure that the law is 'robust, effective, and enforceable'

BY Dexter Tilo 19 Aug 2022

Queensland's Work Health and Safety Act will undergo review starting next week, according to Industrial Relations Minister Grace Grace, to be led by three independent reviewers.

According to the announcement, the review will be spearheaded by Craig Allen, former Deputy Director General of the Office of Industrial Relations; Charles Massy, a barrister specialising in Industrial Relations and Employment; and Deirdre Swan, former Deputy President of the Queensland Industrial Relations Commission.

"The three reviewers are eminently qualified and bring a mix of regulatory, practical, and legal perspectives to this important review," Grace said in a statement. "The reviewers will be assisted by leading academics in work health and safety regulation."

The minister added that the review will also have a "strong focus" on consultation with stakeholders including industry groups, employers, registered industrial organisations, the legal profession, academics, and government agencies.

The Work Health and Safety Act, which undergoes review every five years, aims to protect the health, safety, and welfare all workers, as well as those who will be affected by the work.

According to the Office of Industrial Relations, this year's review will look at the "overall effectiveness of the key components of the WHS Act" in achieving its objects including:

Considering and reporting on any need for amendments to ensure:
- provisions relating to health and safety representatives are effective and operating as intended
- workers are appropriately represented and assisted in the workplace for the purpose of health and safety matters
- the effectiveness of the legislative framework for review and stay provisions with enforcement notices under the WHS Act
- provisions relating to the issue and dispute resolution are effective and operating as intended.
Any other matters relating to the WHS Act’s overall effectiveness and performance in ensuring a balanced framework to secure health and safety of workers and workplaces and consider whether any legislative or administrative amendments are required.

The previous review in 2017 saw the inclusion of a new offence of industrial manslaughter, the establishment of an independent statutory office for WHS prosecutions, among others.

"Every single worker in Queensland has the right to be safe in the workplace, and to return home safe and healthy to their families and loved ones at the end of the day," said Grace. "The Palaszczuk Government has a long and proud history of standing up for Queensland workers."

"Five years on, it's time to ensure Queensland's laws remain robust, effective, and enforceable."