Safe Work Australia Act 2008
No. 84, 2009
Compilation No. 6
Compilation date: 21 September 2023
Includes amendments up to: Act No. 9, 2023
Registered: 26 September 2023
About this compilation
This compilation
This is a compilation of the Safe Work Australia Act 2008 that shows the text of the law as amended and in force on 21 September 2023 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 What this Act is about
4 Definitions
Part 2—Establishment and functions of Safe Work Australia
5 Establishment
5A Object
6 Functions
7 Performance of functions
8 Immunities and privileges
Part 3—Membership of Safe Work Australia
Division 1—What this Part is about
9 What this Part is about
Division 2—Membership and appointment
10 Membership of Safe Work Australia
11 Appointment of the Chair
12 Appointment of acting Chair
13 Appointment of the Commonwealth representative
14 Appointment of each State and Territory representative
15 Appointment of workers’ representatives
16 Appointment of employers’ representatives
Division 3—Terms and conditions of voting members
Subdivision A—Terms and conditions that apply to all voting members
17 Basis and period of appointment of all voting members
18 Disclosure of interests
19 Resignation of voting members
20 Termination of appointment of voting members
Subdivision B—Terms and conditions that apply only to the Chair
21 Remuneration of the Chair
22 Leave of absence of the Chair
23 Other terms and conditions of the Chair
Subdivision C—Terms and conditions etc. that apply only to other voting members
24 Leave of absence of other voting members
25 Application of the Remuneration Tribunal Act
Part 4—Planning by Safe Work Australia
Division
Overview
The Safe Work Australia Act 2008 was enacted to establish a body called Safe Work Australia with the primary objective of improving national work health and safety (WHS) outcomes and workers' compensation arrangements in Australia. This was introduced to address the need for a unified approach to workplace safety and compensation across the nation. Enacted by the Parliament of Australia, the Act provides for the establishment, functions, and governance of Safe Work Australia, ensuring it has a robust framework to develop and evaluate national WHS and workers' compensation policies. It also facilitates collaboration among governments, workers, and employers to lead the development of evidence-based policies and strategies, and promotes consistency in WHS and workers' compensation arrangements across Australia.
Scope and Application
The Safe Work Australia Act 2008 establishes Safe Work Australia, a body comprising representatives from the Commonwealth, the States, the Territories, workers, and employers, aimed at improving work health and safety (WHS) outcomes and workers’ compensation arrangements across Australia. The Act applies to Safe Work Australia and its members, including the Chief Executive Officer (CEO), and governs their functions, appointments, terms, and conditions of service. The scope of the Act includes the development, evaluation, and revision of national WHS and workers’ compensation policies and strategies, the creation of a model WHS legislative framework for adoption by the Commonwealth, the States, and the Territories, and the promotion of consistency in WHS and workers' compensation arrangements. Safe Work Australia’s functions also extend to collecting and publishing relevant data and research, developing national education and communication strategies, and collaborating with various national and international bodies on WHS policy matters. The Act outlines the process for Safe Work Australia to develop and implement its corporate and operational plans, subject to approval by the Work Health and Safety (WHS) Ministers. Decisions can be made by Safe Work Australia through meetings or, in certain circumstances, without meeting, provided specific conditions are met. The Act also details the appointment, terms, and conditions of the CEO and other staff, as well as the funding mechanisms for Safe Work Australia through the establishment of the Safe Work Australia Special Account. The Act allows the CEO to obtain information relevant to Safe Work Australia's functions and provides for delegation of functions and powers. Finally, it mandates a review of Safe Work Australia’s role and functions to be conducted six years after the commencement of the Act, with a report to be laid before each House of Parliament.
Key Provisions
- The Safe Work Australia Act 2008 (Act) establishes Safe Work Australia as a body aimed at enhancing national work health and safety (WHS) outcomes and workers’ compensation arrangements. The Act outlines the establishment, functions, membership, planning, decision-making processes, funding, and miscellaneous provisions governing Safe Work Australia. The key operative sections include the establishment of Safe Work Australia (sections 5 and 5A), its functions (section 6), membership composition and appointment processes (sections 10-16), planning and decision-making (sections 26-42), and funding provisions (sections 63-66). Safe Work Australia's functions include developing and evaluating national WHS and workers’ compensation policies, creating a model WHS legislative framework, and collecting relevant data and research to inform policy development. The Act imposes obligations on Safe Work Australia to perform its functions in accordance with its corporate and operational plans, consult with various stakeholders, and maintain minutes of its meetings. Membership appointments, terms, and conditions are strictly regulated, with specific nomination and appointment processes for the Chair, Commonwealth representatives, and representatives of States, Territories, workers, and employers. The Act also details the CEO's role, powers, and conditions of service, including the ability to delegate functions and obtain relevant information. Offences, penalties, or consequences for breaches are not explicitly stated within the sections provided, but the Act's framework suggests that failure to comply with its provisions could result in administrative or legal repercussions, depending on the nature and severity of the breach.
- Area of Law
- Workplace Health & Safety Law
- Government Administration
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Repeal & Amendment
- Regulatory Standards
- Reporting & Disclosure Obligations
- Delegation by Safe Work Australia
