Overview

The Occupational Health and Safety (Commonwealth Employment) Act 1991 is an Australian legislative instrument enacted to provide a framework for the regulation of occupational health and safety in the Commonwealth employment sector. The Act was introduced to address the need for consistent and effective management of health and safety practices across Commonwealth workplaces, aiming to protect employees from hazards and reduce workplace injuries and fatalities. The Act empowers the Minister for Employment and Workplace Relations to approve codes of practice, which serve as practical guides for duty holders to adhere to health and safety standards. The policy objective of the Act is to ensure a high standard of occupational health and safety, thereby fostering a safe and productive work environment for Commonwealth employees. The implementation of the Approved Code of Practice for the Storage and Handling of Dangerous Goods, prepared by Comcare, is a direct response to these objectives, providing essential guidance on managing dangerous goods in the workplace. The Approved Code of Practice for the Storage and Handling of Dangerous Goods, registered under the Occupational Health and Safety (Commonwealth Employment) Act 1991, was introduced to ensure that Commonwealth employers are equipped with the latest best practices for managing dangerous goods. This code, developed by Comcare on behalf of the Safety, Rehabilitation and Compensation Commission, provides practical advice and is based on the National Code of Practice for the Storage and Handling of Workplace Dangerous Goods. The Code aims to achieve national consistency in health and safety standards, ensuring that all Commonwealth workplaces adhere to the same guidelines in handling and storing dangerous goods. This initiative reflects the Act's overarching goal to protect workers' health and safety, and its implementation is supported by a Regulation Impact Statement prepared by the Australian Safety and Compensation Council.

Scope and Application

The Occupational Health and Safety (Commonwealth Employment) Act 1991 establishes a framework for ensuring safe and healthy working conditions in Commonwealth workplaces, and its application extends to all Commonwealth employees and employers. The Act enables the Minister for Employment and Workplace Relations to approve codes of practice that provide practical guidance to those with a duty of care, such as the Approved Code of Practice for the Storage and Handling of Dangerous Goods. This Code, developed by Comcare on behalf of the Safety, Rehabilitation and Compensation Commission, aims to ensure that Commonwealth employers are aligned with best practices for managing dangerous goods. The Code is admissible as evidence in proceedings under the Act and is designed to be followed unless an alternative method achieves the same or better health and safety outcomes. The jurisdictional reach of the Act is national, applying across all Commonwealth workplaces, and it complements the Occupational Health and Safety (Commonwealth Employment) (National Standards) Regulations 1994, which were amended to provide a framework for the regulation of dangerous goods. The Approved Code of Practice is a legislative instrument under the Legislative Instruments Act 2003 and provides a practical guide to fulfilling obligations under these regulations.

Key Provisions

The main operative sections of this legislation pertain to the approval and implementation of the Approved Code of Practice for the Storage and Handling of Dangerous Goods (section 70(1)). This Code, developed by Comcare on behalf of the Safety, Rehabilitation and Compensation Commission, offers practical guidance for individuals and entities with a duty of care under the Occupational Health and Safety (Commonwealth Employment) Act 1991 and the associated regulations. Section 70 allows the Minister for Employment and Workplace Relations to approve, amend, or revoke these codes of practice, which become legislative instruments upon approval under the Legislative Instruments Act 2003. The approved code should be adhered to unless an alternative method achieves the same or better health and safety standard and is admissible as evidence in proceedings related to the Act and regulations. The Act imposes several obligations and requirements on the parties and entities it governs. Primarily, it mandates duty holders to follow the practical guidance provided in the approved code for the storage and handling of dangerous goods. This requirement ensures that Commonwealth employers maintain up-to-date knowledge of best practices and achieve national consistency in handling dangerous goods in the workplace. The Act also requires the Minister to approve the code, ensuring it aligns with legislative standards and is based on comprehensive consultations with relevant stakeholders. Failure to comply with the provisions of the Act or the approved code may result in various civil and criminal consequences. While the specific offences and penalties are not detailed in the text, it is implied that breaches of health and safety obligations under the Act could lead to legal action. In the context of occupational health and safety, breaches may result in fines, prosecutions, or other penalties as stipulated by the relevant legislation. The approved code itself serves as a guide, and while not legally binding, adherence to it can be crucial in defending against legal claims.