Workplace-based consultation, participation and representation provisions, including the appointment, powers and functions of health and safety representatives and/or committees
Enforcement and compliance, including the role and powers of OHS inspectors and the application of enforcement tools
Role of regulators in providing education, advice and assistance to duty holders
Permits and licensing arrangements for those engaged in high risk work and the use of certain plant and hazardous substances
Regulation making powers and administrative processes, including mechanisms for improving cross-jurisdictional co-operation and dispute resolution
Other matters that should be addressed in a model OHS Act
The Review process
At the outset of the review, we agreed on a comprehensive process of information gathering, research and consultation. To provide information and facilitate communication with interested parties, a review website was established.14 Following our first panel meeting in April 2008, we issued a media release outlining the broad process. Further media releases were issued at key milestones.
We examined all principal OHS legislation in each jurisdiction. We also drew on previous inquiries relating to OHS (see Appendix A), a range of Australian and international research, and work undertaken by the ASCC to develop a National OHS Framework.
The first stage of the review process involved initial consultation with stakeholders to inform the development of an issues paper. We met a range of stakeholders in each jurisdiction, including employer and employee organisations, governments, industry representatives and other interested parties. We also held discussions with organisations involved in other recent or current review processes with a potential OHS impact, in particular in the energy, mining and transport industries.
We have also addressed a number of conferences and meetings including:
a meeting of the ASCC in April 2008;
the Australian Council of Trade Unions’ (ACTU) OHS and Workers’ Compensation Under Labor Conference in May 2008;
the Australian Industry Group (AiG) National OHS Conferences 2008 in Melbourne, Sydney and Brisbane during June 2008;
a meeting of the Heads of Workplace Safety Authorities (HWSA) in August 2008; and
the Australian Chamber of Commerce and Industry (ACCI) National Employers OHS Consultative Forum meetings.
The second stage of the review process commenced on 31 May 2008 with the release of the issues paper15 to help interested parties prepare written submissions. The public comment period was advertised in the Government Notices Gazette, all major metropolitan newspapers and two regional newspapers on 31 May 2008.
The issues paper posed a series of questions on specific issues that we identified during our preliminary consultations and research. All persons making submissions were encouraged to include evidence and examples to justify their position on each issue. The public comment period was open for six weeks and concluded on 11 July 2008.
We received a total of 243 written submissions (one submission was withdrawn), including:
8 from governments – states, territories and the Commonwealth
Submissions were also received from academics, community organisations, professional associations, government organisations, individuals and other groups. A full list of submissions is at Appendix B.
The third stage of the review process involved analysing the written submissions and drafting our first report. Further targeted consultation with key stakeholders was undertaken. This included meetings with groups of legal practitioners and academics who specialise in OHS. We also met with representatives of families who had lost a family member due to a work-related death, which underscored the importance of achieving better OHS outcomes.
The final stage of the review will involve preparing the second report covering all other matters specified in the terms of reference. The review will be completed by 30 January 2009 when our second report will be submitted to WRMC.
In formulating the optimal content of a model OHS Act, we have given close attention to the views of all interested stakeholders. We identified areas of best practice, common practice and inconsistency in legislation, and considered how model legislation could be adopted without compromising safety standards, and with the most effective use of resources.
