What are the current legal arrangements?

Under existing constitutional arrangements in Australia, the Australian Parliament and each of the state & territory Parliaments have enacted OHS legislation.

Some legislation is general in nature and applies across multiple industries in a jurisdiction whilst other legislation applies just to specific industries, for example the maritime industry or the offshore petroleum industry.

In other cases, some legislation, like that applying to rail and heavy vehicles applies in addition to general legislation.

What is OHS harmonisation?

Model Work Health and Safety laws were developed for the purpose of introducing a balanced nationally consistent set of laws across Australia.

OHS harmonisation means a uniform OHS legislative framework.

The following jurisdictions have adopted a version of the Model OHS laws:

  • Australian Parliament (Australian Public Sector & some Comcare licensees)
  • Australian Capital Territory
  • New South Wales
  • Northern Territory
  • Queensland
  • South Australia
  • Tasmania

Each OHS regulator has responsibility for enforcing particular OHS laws.

OHS legislation can be found here:

Jurisdiction

Act

Coverage

Australia

Work, Health and Safety Act 2011

General

Australia

Offshore Petroleum and Greenhouse Gas Storage Act 2006

Offshore Petroleum

Australia

Occupational Health and Safety (Maritime Industry) Act 1993

Maritime industry

Australia

Industrial Chemicals (Notification and Assessment) Act 1989

Chemical

Australia

Safety, Rehabilitation and Compensation Act

Comcare

Australia

Safe Work Australia Act 2008

Policy

 

Asbestos Safety and Eradication Agency Act 2013

Asbestos

Australian Capital Territory

Work, Health and Safety Act 2011

General

Australian Capital Territory

Dangerous Substances Act 2004

Chemicals & asbestos

New South Wales

Work, Health and Safety Act 2011

General

 

Rail Safety National Law (NSW)

Rail

 

Work Health and Safety (Mines and Petroleum Sites) Act 2013

 

Northern Territory

Work Health and Safety (National Uniform Legislation) Act

General

 

Rail Safety (National Uniform Legislation) Act

Rail

Queensland

Work Health and Safety Act 2011

General

 

Mining and Quarrying Safety and Health Act 1999

Mining

 

Rail Safety National Law (Queensland) Act 2017

Rail

 

Heavy Vehicle National Law Act 2012

Heavy vehicle

South Australia

Work Health and Safety Act 2012

General

 

Rail Safety National Law (South Australia) Act 2012

Rail

Tasmania

Work Health and Safety Act 2012

General

 

Mines Work Health and Safety (Supplementary Requirements) Act 2012 

Mining

Victoria

Occupational Health and Safety Act 2004

General

Victoria

Rail Safety (Local Operations) Act 2006

 

Western Australia

Occupational Health and Safety Act 1984

General