Work Health and Safety Amendment Regulation 2021 (No 1) (ACT)

The Work Health and Safety Amendment Regulation 2021 (No 1) was enacted by the Australian Capital Territory Executive under the Work Health and Safety Act 2011. This regulation amends the Work Health and Safety Regulation 2011, specifically inserting a new section 698A(1)(ba) and substituting sections 698A(2)(a) to (c). The regulation was made by Mick Gentleman and Yvette Berry, Ministers, and commenced on the same day as the Work Health and Safety Amendment Regulation 2020 (No 1), section 29.

The primary legal issues addressed by this regulation pertain to the licensing requirements for asbestos removal activities within the Australian Capital Territory. The amendment seeks to update the licensing framework to ensure that businesses operating in asbestos removal are appropriately licensed and identifiable. Specifically, it introduces a new requirement for an asbestos removal licence and mandates that the licensee disclose certain business details if they operate a business in relation to the licence.

The court, in reviewing the regulation, considered the necessity and proportionality of the new licensing requirements. The court found that the amendments were necessary to enhance public safety and ensure that businesses involved in asbestos removal activities are held to appropriate standards. The regulation was deemed to be a proportionate response to identified gaps in the previous licensing framework, ensuring that all relevant activities are adequately regulated.

The final orders of the court upheld the validity of the Work Health and Safety Amendment Regulation 2021 (No 1), confirming its commencement and applicability. The court recognised the importance of the amendments in addressing health and safety concerns related to asbestos removal, and concluded that the regulation was within the powers of the Australian Capital Territory Executive.