Safe Work Australia Amendment (Role and Functions) Act 2017

Administered by Attorney-General's Department

Legislation au C2017A00086 In force Act

Legislation content

 

 

 

 

 

 

Safe Work Australia Amendment (Role and Functions) Act 2017

 

No. 86, 2017

 

 

 

 

 

An Act to amend the Safe Work Australia Act 2008, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedules

Schedule 1—Amendments

Part 1—Main amendments

Safe Work Australia Act 2008

Part 2—Consequential amendments

Safe Work Australia Act 2008

 

 

 

Safe Work Australia Amendment (Role and Functions) Act 2017

No. 86, 2017

 

 

 

An Act to amend the Safe Work Australia Act 2008, and for related purposes

[Assented to 16 August 2017]

The Parliament of Australia enacts:

1  Short title

  This Act is the Safe Work Australia Amendment (Role and Functions) Act 2017.

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

Provisions

Commencement

Date/Details

1.  The whole of this Act

The day after this Act receives the Royal Assent.

17 August 2017

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedules

  Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendments

Part 1—Main amendments

Safe Work Australia Act 2008

1  Section 3

Omit:

This Act creates a body called Safe Work Australia to improve occupational health and safety outcomes and workers’ compensation arrangements in Australia.

substitute:

This Act creates a body called Safe Work Australia to improve work health and safety outcomes and workers’ compensation arrangements in Australia.

2  Section 3

Omit:

It has various functions relating to occupational health and safety and workers’ compensation (see section 6). For example, one of its functions is to prepare model OHS legislation for adoption as a law of the Commonwealth, each of the States and each of the Territories.

The Ministerial Council (a body that consists of Ministers from the Commonwealth, States and Territories) has some oversight of Safe Work Australia’s activities. For example, the Council considers whether to approve the model OHS legislation that Safe Work Australia has prepared.

substitute:

It has various functions relating to work health and safety and workers’ compensation (see section 6). For example, one of its functions is to develop and evaluate a model WHS legislative framework.

The Ministers of the Commonwealth, the States and the Territories who are responsible for WHS (collectively known as the WHS Ministers) have some oversight of Safe Work Australia’s activities. For example, the WHS Ministers consider whether to approve the model WHS legislative framework developed by Safe Work Australia for adoption by the Commonwealth, the States and the Territories.

3  Section 4

Repeal the following definitions:

 (a) definition of approved model OHS codes of practice;

 (b) definition of approved model OHS legislation;

 (c) definition of approved OHS compliance and enforcement policy;

 (d) definition of Ministerial Council;

 (e) definition of model OHS codes of practice;

 (f) definition of model OHS legislation.

4  Section 4

Insert:

model WHS legislative framework means any model Act, model regulations or model codes of practice relating to WHS, as amended from time to time, developed by Safe Work Australia for adoption by the Commonwealth, the States and the Territories.

Note: The model WHS legislative framework is developed by Safe Work Australia for approval by the WHS Ministers (see item 2 of the table in section 6).

5  Section 4 (definition of OHS)

Repeal the definition.

6  Section 4

Insert:

WHS means work health and safety.

WHS Ministers means the Minister of the Commonwealth, and the Minister of each State and Territory, who is responsible, or principally responsible, for matters relating to WHS.

7  After section 5

Insert:

5A  Object

  The object of the establishment of Safe Work Australia is to improve national WHS outcomes and workers’ compensation arrangements by providing an inclusive tripartite forum for representatives of governments, workers and employers to:

 (a) collaborate on national WHS and workers’ compensation matters; and

 (b) lead the development of evidence‑based national WHS and workers’ compensation policies and strategies; and

 (c) promote consistency in WHS and workers’ compensation arrangements across Australia.

8  Section 6 (table)

Repeal the table, substitute:

 

Functions of Safe Work Australia

Item

Topic

The functions of Safe Work Australia are:

1

National policy and strategy

to develop, evaluate and, if necessary, revise national WHS and workers’ compensation policies and supporting strategies, including the following:

(a) a national WHS strategy, to be developed for approval by the WHS Ministers;

(b) a national compliance and enforcement policy, to be developed for approval by the WHS Ministers, for the model WHS legislative framework; and

2

Model WHS legislative framework and other WHS material

(a) to develop, evaluate and, if necessary, revise:

(i) a model WHS legislative framework, to be developed for approval by the WHS Ministers for adoption by the Commonwealth, the States and the Territories; and

(ii) other material relating to WHS; and

(b) to monitor the adoption by the Commonwealth, the States and the Territories of the model WHS legislative framework approved by the WHS Ministers; and

3

Workers’ compensation

to develop proposals to improve workers’ compensation arrangements, and to promote national consistency in such arrangements; and

4

Evidence

to:

(a) collect, analyse and publish relevant data; and

(b) undertake and publish research;

to inform the development and evaluation of WHS and workers’ compensation policies and strategies; and

5

Education and communication

to develop and implement national education and communication strategies and initiatives:

(a) to support improvements in WHS outcomes and workers’ compensation arrangements; and

(b) to promote national consistency in such strategies and initiatives; and

6

Collaboration

to collaborate with the Commonwealth, the States and the Territories, and other national and international bodies, on WHS and workers’ compensation policy matters of national importance; and

7

Advising the WHS Ministers

to advise the WHS Ministers on national policy matters and initiatives relating to WHS and workers’ compensation; and

8

Other conferred functions

such other functions that are conferred on it by, or under, this Act or any other Commonwealth Act.

9  Transitional provision—things done by, or in relation to, the Ministerial Council

Anything done by, or in relation to, the Ministerial Council under the Safe Work Australia Act 2008 before the commencement of this item has effect after that commencement as if the thing had been done by, or in relation to, the WHS Ministers.

Part 2—Consequential amendments

Safe Work Australia Act 2008

10  Subsection 11(2) (heading)

Repeal the heading, substitute:

Consultation of WHS Ministers

11  Subsection 11(2)

Omit “Ministerial Council has”, substitute “WHS Ministers have”.

12  Subsection 12(2) (heading)

Repeal the heading, substitute:

Consultation of WHS Ministers

13  Subsection 12(2)

Omit “Ministerial Council has”, substitute “WHS Ministers have”.

14  Section 26 (paragraph relating to Division 2)

Omit “Ministerial Council for approval. Once the Ministerial Council approves”, substitute “WHS Ministers for approval. Once the WHS Ministers approve”.

15  Section 26 (paragraph relating to Division 3)

Omit “Ministerial Council for approval. Once the Ministerial Council approves”, substitute “WHS Ministers for approval. Once the WHS Ministers approve”.

16  Section 26 (paragraph relating to Division 4)

Omit “Ministerial Council”, substitute “WHS Ministers”.

17  Subsection 27(1)

Omit “Ministerial Council”, substitute “WHS Ministers”.

18  Subsection 28(1) (heading)

Repeal the heading, substitute:

WHS Ministers to approve or refuse plan

19  Subsection 28(1)

Omit “Ministerial Council, the Council”, substitute “WHS Ministers, the WHS Ministers”.

20  Subsection 28(1) (note)

Repeal the note, substitute:

Note: The WHS Ministers give approvals or refusals by resolution of the WHS Ministers: see section 69.

21  Subsection 28(2) (heading)

Repeal the heading, substitute:

WHS Ministers’ directions to alter plan

22  Subsection 28(2)

Omit “Ministerial Council refuses to approve the draft plan, the Council”, substitute “WHS Ministers refuse to approve the draft plan, the WHS Ministers”.

23  Subsection 28(2) (note)

Repeal the note, substitute:

Note: The WHS Ministers give directions by resolution of the WHS Ministers: see section 69.

24  Subsection 28(4) (heading)

Repeal the heading, substitute:

CEO to comply with WHS Ministers’ directions

25  Subsection 28(5) (heading)

Repeal the heading, substitute:

When WHS Ministers must approve plan

26  Subsection 28(5)

Omit “Ministerial Council” (first occurring), substitute “WHS Ministers”.

27  Paragraph 28(5)(a)

Omit “Council”, substitute “WHS Ministers”.

28  Subsection 28(5)

Omit “Ministerial Council” (second occurring), substitute “WHS Ministers”.

29  Subsection 28(5) (note)

Repeal the note, substitute:

Note: The WHS Ministers give approvals or refusals by resolution of the WHS Ministers: see section 69.

30  Subsections 28(6) and (8) and 29(1)

Omit “Ministerial Council”, substitute “WHS Ministers”.

31  Subsection 30(1) (heading)

Repeal the heading, substitute:

WHS Ministers to approve or refuse plan

32  Subsection 30(1)

Omit “Ministerial Council, the Council”, substitute “WHS Ministers, the WHS Ministers”.

33  Subsection 30(1) (note)

Repeal the note, substitute:

Note: The WHS Ministers give approvals or refusals by resolution of the WHS Ministers: see section 69.

34  Subsection 30(2) (heading)

Repeal the heading, substitute:

WHS Ministers’ directions to alter plan

35  Subsection 30(2)

Omit “Council refuses to approve the draft plan, the Council”, substitute “WHS Ministers refuse to approve the draft plan, the WHS Ministers”.

36  Paragraph 30(2)(b)

Omit “Council”, substitute “WHS Ministers”.

37  Subsection 30(2) (note)

Repeal the note, substitute:

Note: The WHS Ministers give directions by resolution of the WHS Ministers: see section 69.

38  Subsection 30(4) (heading)

Repeal the heading, substitute:

CEO to comply with WHS Ministers’ directions

39  Subsection 30(5) (heading)

Repeal the heading, substitute:

When WHS Ministers must approve plan

40  Subsection 30(5)

Omit “Ministerial Council” (first, second and third occurring), substitute “WHS Ministers”.

41  Subsection 30(5) (note)

Repeal the note, substitute:

Note: The WHS Ministers give approvals or refusals by resolution of the WHS Ministers: see section 69.

42  Subsection 30(6)

Omit “Ministerial Council approves”, substitute “WHS Ministers approve”.

43  Subsection 30(8)

Omit “Ministerial Council”, substitute “WHS Ministers”.

44  Division 4 of Part 4 (heading)

Repeal the heading, substitute:

Division 4—WHS Ministers’ directions to alter corporate or operational plans

45  Section 31 (heading)

Repeal the heading, substitute:

31  WHS Ministers’ directions to alter corporate plan

46  Subsection 31(1) (heading)

Repeal the heading, substitute:

WHS Ministers’ directions

47  Subsection 31(1)

Omit “Ministerial Council” (first occurring), substitute “WHS Ministers”.

48  Paragraph 31(1)(b)

Omit “Council”, substitute “WHS Ministers”.

49  Subsection 31(1) (note)

Repeal the note, substitute:

Note: The WHS Ministers give a direction by resolution of the WHS Ministers: see section 69.

50  Subsection 31(3) (heading)

Repeal the heading, substitute:

CEO to comply with WHS Ministers’ directions

51  Subsection 31(4) (heading)

Repeal the heading, substitute:

When WHS Ministers must approve alterations to plan

52  Subsection 31(4)

Omit “Ministerial Council” (first, second and third occurring), substitute “WHS Ministers”.

53  Subsection 31(4) (note)

Repeal the note, substitute:

Note: The WHS Ministers give approvals or refusals by resolution of the WHS Ministers: see section 69.

54  Subsections 31(5) and (7)

Omit “Ministerial Council”, substitute “WHS Ministers”.

55  Section 32 (heading)

Repeal the heading, substitute:

32  WHS Ministers’ directions to alter operational plan

56  Subsection 32(1) (heading)

Repeal the heading, substitute:

WHS Ministers’ directions

57  Subsection 32(1)

Omit “Ministerial Council” (first occurring), substitute “WHS Ministers”.

58  Paragraph 32(1)(b)

Omit “Council”, substitute “WHS Ministers”.

59  Subsection 32(1) (note)

Repeal the note, substitute:

Note: The WHS Ministers give a direction by resolution of the WHS Ministers: see section 69.

60  Subsection 32(3) (heading)

Repeal the heading, substitute:

CEO to comply with WHS Ministers’ directions

61  Subsection 32(4) (heading)

Repeal the heading, substitute:

When WHS Ministers must approve alterations to plan

62  Subsection 32(4)

Omit “Ministerial Council” (first, second and third occurring), substitute “WHS Ministers”.

63  Subsection 32(4) (note)

Repeal the note, substitute:

Note: The WHS Ministers give approvals or refusals by resolution of the WHS Ministers: see section 69.

64  Subsection 32(5)

Omit “Ministerial Council approves”, substitute “WHS Ministers approve”.

65  Subsection 32(7)

Omit “Ministerial Council”, substitute “WHS Ministers”.

66  Section 33 (paragraph relating to Division 2)

Omit “model OHS legislation or model OHS codes of practice”, substitute “model WHS legislative framework”.

67  Subsections 37(3) and 38(2)

Omit “model OHS legislation or model OHS codes of practice”, substitute “model WHS legislative framework”.

68  Subsection 42(2) (heading)

Repeal the heading, substitute:

Decisions about model WHS legislative framework

69  Subsection 42(2)

Omit “model OHS legislation or model OHS codes of practice”, substitute “model WHS legislative framework”.

70  Section 69

Repeal the section, substitute:

69  How WHS Ministers give directions etc.

  The WHS Ministers are to give a direction, an approval or a refusal for the purposes of a provision of this Act by resolution of the WHS Ministers passed in accordance with the procedures determined by the WHS Ministers.

71  Section 70

Omit “Ministerial Council”, substitute “WHS Ministers”.

 

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 31 May 2017

Senate on 10 August 2017]

 

(88/17)

 

Overview

The Safe Work Australia Amendment (Role and Functions) Act 2017 was enacted by the Parliament of Australia to amend the Safe Work Australia Act 2008. The key objective of this Act is to modernise the role and functions of Safe Work Australia by shifting the focus from occupational health and safety to work health and safety, thereby aligning with contemporary terminology and practices. This legislative change is intended to facilitate more consistent and effective work health and safety policies and strategies across Australia. The Act introduces new definitions and terminology related to work health and safety, replacing the previous occupational health and safety language. Additionally, it updates the functions of Safe Work Australia to reflect the development and evaluation of a model work health and safety legislative framework, which is to be approved by the relevant Ministers for adoption by all jurisdictions. The amendments also involve replacing references to the Ministerial Council with the WHS Ministers, who are responsible for providing oversight and approvals related to work health and safety policies and strategies. This change ensures that the legislative framework is overseen by Ministers directly accountable for work health and safety matters, thereby enhancing accountability and coordination among different levels of government. The Act aims to promote collaboration, evidence-based policy development, and consistency in work health and safety outcomes and workers' compensation arrangements throughout Australia.

Scope and Application

The Safe Work Australia Amendment (Role and Functions) Act 2017 amends the Safe Work Australia Act 2008 to reflect changes in terminology from occupational health and safety (OHS) to work health and safety (WHS). This Act applies to Safe Work Australia, a body established to improve WHS outcomes and workers' compensation arrangements across Australia. It involves the Commonwealth, states, and territories and seeks to create a collaborative, evidence-based approach to national WHS policies and strategies. The Act applies to entities and individuals involved in workplace health and safety across Australia. The functions of Safe Work Australia now include developing, evaluating, and revising national WHS policies and strategies, leading the development of a model WHS legislative framework for approval by the relevant Ministers, and promoting national consistency in WHS and workers’ compensation arrangements. The Act also amends the definitions, roles, and responsibilities previously outlined under the Ministerial Council to now be overseen by the WHS Ministers, who are responsible for WHS matters in their respective jurisdictions. The Act's provisions commence on the day after receiving Royal Assent, which was 17 August 2017. There are no stated exclusions, exemptions, or thresholds within this Act, and its application is not extended or restricted by subordinate instruments.

Key Provisions

The Safe Work Australia Amendment (Role and Functions) Act 2017 (C2017A00086) introduces significant changes to the Safe Work Australia Act 2008, focusing on renaming and redefining terms related to occupational health and safety (OHS) to work health and safety (WHS), and altering the governance and oversight mechanisms. Specifically, Section 3 of the Safe Work Australia Act 2008 is amended to reflect these changes, now stating that Safe Work Australia is established to improve work health and safety outcomes and workers’ compensation arrangements in Australia. Furthermore, Section 4 redefines several terms, replacing "occupational health and safety" with "work health and safety" and introducing new definitions such as "model WHS legislative framework" and "WHS Ministers". A new section, 5A, is also inserted, outlining the object of establishing Safe Work Australia, which is to improve national WHS outcomes and workers' compensation arrangements. The Act imposes several obligations on Safe Work Australia and the WHS Ministers. Safe Work Australia is tasked with developing, evaluating, and revising national WHS policies and strategies, a model WHS legislative framework, and other WHS materials. It must also monitor the adoption of the approved model WHS legislative framework by the Commonwealth, States, and Territories. The WHS Ministers, on the other hand, are required to approve the model WHS legislative framework and other policies developed by Safe Work Australia, as well as to provide directions and approvals as necessary for Safe Work Australia's plans and strategies. Additionally, Safe Work Australia must collect, analyse, and publish relevant data and undertake research to inform the development and evaluation of WHS and workers' compensation policies and strategies. Failure to comply with the requirements and obligations set out in the Safe Work Australia Amendment (Role and Functions) Act 2008 could result in various consequences. While the Act does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches, non-compliance with the functions and directives of Safe Work Australia and the WHS Ministers could potentially lead to legal challenges or other repercussions under related legislation. The effectiveness of enforcement would depend on the interplay with other regulatory frameworks governing occupational health and safety in Australia.

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Area of Law
Environmental Law
Occupational Health and Safety Law
Instrument
Act
Concepts
Commencement Provisions
Definitions & Interpretation
Regulatory Standards
Reporting & Disclosure Obligations
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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.