Harmonised WHS Laws Update

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Harmonised WHS Laws Update

03/12/2012

NSW, Qld, NT, ACT & Commonwealth workers commenced 1 January 2012. Note: Many of the transitional arrangements (e.g. delay in start for certain regulations) will cease on 1st January 2013 e.g. RCDs will be required for all electrical socket outlets in “hostile environments”.

NSW - Transitional periods for asbestos work licences in NSW have been extended from 6 months to 18 months. Some changes have been made for requirements and renewals for high risk work licences in standard boiler work, and workers are exempt from requiring forklift licences for work in mines or at coal workplaces until 30 June 2013. Holders of old high risk work licences are reminded that they need to convert their licence before the end of the year.

Queensland – Commencement of a number of regulations delayed regarding concerns on; audiometric testing, high risk work licences, earthmoving equipment and registration of concrete boom pumps and prefabricated formwork until 1st January 2014.

Tasmania - Parliament has passed the WHS laws and these are scheduled to commence 1st January 2013.

South Australia - Parliament has passed the WHS Act and it is scheduled to commence 1 January 2013, but with some amendments including; right to silence protected, union (entry permit holder) representatives must contact regulator prior to entering a workplace, duty holders only required to manage those risks over which they have control. The SA WHS Regulations have not been released and are likely to commence on 1st January 2014.

Western Australia – Stated their commitment to the introduction of the WHS laws, but are awaiting assessment of the proposed changes to be completed. No indication of commencement date at this stage.

Victoria – Stated they will not introduce the WHS laws based on earlier review which indicated a cost to the Victorian economy of about $800m.

Assume Vic would introduce the laws if compensated.

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