Australian Workplace Safety Standards Act 2005

Administered by Department of Education, Employment and Workplace Relations

Legislation au C2005A00134 Not in force Act

Legislation content

 

 

 

 

 

 

Australian Workplace Safety Standards Act 2005

 

No. 134, 2005

 

 

 

 

 

An Act to provide for the making of occupational health and safety standards, and for related purposes

 

 

 

Contents

1 Short title

2 Commencement

3 Definition

4 Function of Australian Safety and Compensation Council

5 Powers of Australian Safety and Compensation Council

6 Declaration of national standards and codes of practice

7 Steps preparatory to declaring national standards and codes of practice

8 Delegation of powers and functions

9 Regulations

 

 

 

Australian Workplace Safety Standards Act 2005

No. 134, 2005

 

 

 

An Act to provide for the making of occupational health and safety standards, and for related purposes

[Assented to 15 November 2005]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Australian Workplace Safety Standards Act 2005.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.  Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

15 November 2005

2.  Sections 3 to 9

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

1 January 2006

(see F2005L03859)

Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

 (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

3  Definition

  In this Act:

Australian Safety and Compensation Council means the body of that name, established in writing by the Minister under the executive power of the Commonwealth, to advise on the development of policies relating to occupational health and safety and workers’ compensation matters. The Council is an advisory body which represents the interests of governments, employers and employees.

4  Function of Australian Safety and Compensation Council

 (1) It is a function of the Australian Safety and Compensation Council to declare national standards and codes of practice relating to occupational health and safety matters.

 (2) Subsection (1) does not imply that the instrument establishing the Australian Safety and Compensation Council may not confer additional functions on it.

 (3) The Australian Safety and Compensation Council may perform the function in subsection (1) only to the extent that it is not in excess of the functions that may be conferred on the Council by virtue of any of the legislative powers of the Parliament and, in particular, may perform that function in relation to occupational health and safety matters arising in the course of, or that concern:

 (a) trade or commerce with other countries, or among the States; or

 (b) the activities of a corporation to which paragraph 51(xx) of the Constitution applies.

5  Powers of Australian Safety and Compensation Council

 (1) The Australian Safety and Compensation Council has such powers as are necessary to enable it to perform the function under subsection 4(1).

 (2) Subsection (1) does not imply that the instrument establishing the Australian Safety and Compensation Council may not confer additional powers on it.

6  Declaration of national standards and codes of practice

 (1) In the exercise of the function referred to in subsection 4(1), the Australian Safety and Compensation Council may, by written instrument, declare a national standard or code of practice in relation to an occupational health and safety matter.

 (2) Except as otherwise provided by a law other than this Act or by an award or instrument made under such a law, a national standard or code of practice is an instrument of an advisory character.

 (3) A national standard or code of practice is not a legislative instrument.

 (4) When the Australian Safety and Compensation Council declares a national standard or code of practice, it must publish, in accordance with the regulations, the title and objective of the standard or code of practice and information as to how interested persons may obtain a copy of the terms of the standard or code of practice.

 (5) The Australian Safety and Compensation Council must, as soon as practicable after declaring a national standard or code of practice, give a copy of the national standard or code of practice to the Minister.

7  Steps preparatory to declaring national standards and codes of practice

 (1) Before declaring a national standard or code of practice, the Australian Safety and Compensation Council must take steps in accordance with the regulations to enable interested persons to make representations concerning the proposed standard or code of practice.

 (2) The Australian Safety and Compensation Council must give due consideration to any representations duly made to it and, if it thinks fit, may alter the proposed standard or code of practice.

8  Delegation of powers and functions

 (1) The Australian Safety and Compensation Council may, by written instrument, delegate to:

 (a) a member of the Council; or

 (b) an SES employee or acting SES employee performing duties in the Department; or

 (c) a committee made up of persons to whom paragraph (a) or (b) applies;

any power or function of the Council.

Note 1: The expressions SES employee and acting SES employee are defined in section 17AA of the Acts Interpretation Act 1901.

Note 2: See also sections 34AA and 34AB of the Acts Interpretation Act 1901.

 (2) The Australian Safety and Compensation Council may specify the procedures to be followed by any committee to which it delegates a power or function.

9  Regulations

  The Governor‑General may make regulations prescribing matters:

 (a) required or permitted by this Act to be prescribed; or

 (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 11 August 2005

Senate on 18 August 2005]

(132/05)

 

Overview

The Australian Workplace Safety Standards Act 2005, enacted by the Parliament of Australia, was introduced to provide for the making of occupational health and safety standards and to address related issues. The Act establishes the Australian Safety and Compensation Council with the specific function of declaring national standards and codes of practice related to occupational health and safety. This is intended to ensure that consistent and up-to-date safety standards are maintained across workplaces, particularly in areas that involve interstate trade or commerce or the activities of corporations subject to Commonwealth legislative powers. The policy objective of this Act is to enhance workplace safety by providing a uniform set of standards that can be applied nationally, thereby improving the overall health and safety of workers. The Act outlines the process for declaring these standards, including the requirement for the Council to consider representations from interested parties before finalizing any national standard or code of practice.

Scope and Application

The Australian Workplace Safety Standards Act 2005 establishes the Australian Safety and Compensation Council, an advisory body that represents the interests of governments, employers, and employees, to advise on the development of policies relating to occupational health and safety and workers' compensation matters. This Act empowers the Council to declare national standards and codes of practice concerning occupational health and safety matters arising in the course of, or that concern, trade or commerce with other countries, or among the States, as well as the activities of a corporation to which paragraph 51(xx) of the Constitution applies. These standards and codes of practice are advisory in nature and not legislative instruments. The Act outlines the procedure for the Council to declare a national standard or code of practice, including taking steps to enable interested persons to make representations, considering these representations, and publishing the title, objective, and availability of the standard or code of practice. The Act also provides for the delegation of powers and functions by the Council and the making of regulations to prescribe matters required or permitted by the Act or necessary or convenient to carry it out. The Act applies across Australia and its provisions commenced on 1 January 2006, with certain sections commencing on the day the Act received Royal Assent, 15 November 2005.

Key Provisions

The Australian Workplace Safety Standards Act 2005 (the "Act") provides a framework for the creation of occupational health and safety standards in Australia. Sections 4 to 9A of the Act outline the function and powers of the Australian Safety and Compensation Council (the "Council"), which is established to advise on occupational health and safety matters. The Act defines the Council as an advisory body representing the interests of governments, employers, and employees. The primary function of the Council, as stated in section 4, is to declare national standards and codes of practice relating to occupational health and safety matters. These declarations can be made in relation to matters involving trade or commerce between states or with other countries, or concerning the activities of corporations as defined under the Constitution. Sections 5 and 6 of the Act detail the powers of the Council and the process for declaring national standards and codes of practice. The Council has the authority to declare such standards and codes by written instrument, but these instruments are advisory in nature and not legislative. Section 6 further stipulates that the Council must publish the title, objective, and means of obtaining the full terms of these standards and codes. Additionally, the Council is required to consider representations from interested parties before declaring any standards or codes, as outlined in section 7. The Act also imposes specific obligations on the Council. It mandates that the Council take steps to allow for public input on proposed standards and codes, and to consider any duly made representations, potentially altering the proposals as necessary. Section 8 allows the Council to delegate its powers and functions to its members, SES employees, or committees, with procedures specified by the Council. Finally, section 9 empowers the Governor-General to make regulations necessary for implementing the Act, covering matters prescribed by the Act or required for its effective execution. In terms of enforcement, the Act does not explicitly detail specific offences, penalties, or civil/criminal consequences for breaches of the standards or codes declared by the Council. However, the advisory nature of these standards implies that non-compliance would likely be addressed through other legislative or regulatory frameworks rather than direct penalties under this Act.

Legal classification tags

Area of Law
Occupational Health and Safety Law
Instrument
Act
Concepts
Commencement Provisions
Definitions & Interpretation
Offence Provisions
Regulatory Standards

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.