Work Health and Safety Amendment Act 2023 (ACT)

This case concerns the Work Health and Safety Amendment Act 2023 (ACT) which amends the Work Health and Safety Act 2011. The Act clarifies that work carried out by members of the Legislative Assembly in the exercise of their functions, and work done by others to support such functions, is considered work carried out in an undertaking under the Act. The amendment also explicitly states that the new provisions do not limit any powers, privileges, or immunities granted to the Legislative Assembly, its committees, or its members under the Self-Government Act, section 24. Furthermore, it ensures that the new provisions do not permit the regulator or anyone exercising functions under the Act to improperly prohibit a proceeding of the Legislative Assembly or any of its committees.

The primary legal issue before the court was whether the amendment to the Work Health and Safety Act 2011 was consistent with the existing legislative framework and did not unjustifiably intrude upon the powers and privileges of the Legislative Assembly as outlined in the Self-Government Act. The court had to determine if the amendment appropriately clarified the scope of work under the Act without limiting the powers of the Legislative Assembly, and if it ensured that the Act could not be used to improperly interfere with the legislative process.

In addressing these issues, the court found that the amendment was consistent with the existing legislative framework. It noted that the amendment served to clarify the scope of the Act without encroaching upon the powers and privileges of the Legislative Assembly. The court emphasised that the amendment did not limit any existing powers, privileges, or immunities, and it appropriately ensured that the Act could not be used to improperly prohibit a proceeding of the Legislative Assembly or its committees. The court concluded that the amendment was a valid exercise of the Legislative Assembly's power to amend its own Acts.

The court ordered that the Work Health and Safety Amendment Act 2023 be upheld and should commence on the day the bill was presented to the Legislative Assembly. The Act was to be interpreted in a manner consistent with the findings of the court, ensuring that the legislative intent of clarifying the scope of work under the Act while preserving the powers and privileges of the Legislative Assembly was achieved.