Legislation

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:

JurisdictionActCoverage
AustraliaWork, Health and Safety Act 2011General
AustraliaOffshore Petroleum and Greenhouse Gas Storage Act 2006Offshore Petroleum
AustraliaOccupational Health and Safety (Maritime Industry) Act 1993Maritime industry
AustraliaIndustrial Chemicals (Notification and Assessment) Act 1989Chemical
AustraliaSafety, Rehabilitation and Compensation ActComcare
AustraliaSafe Work Australia Act 2008Policy
 Asbestos Safety and Eradication Agency Act 2013Asbestos
Australian Capital TerritoryWork, Health and Safety Act 2011General
Australian Capital TerritoryDangerous Substances Act 2004Chemicals & asbestos
New South WalesWork, Health and Safety Act 2011General
 Rail Safety National Law (NSW)Rail
 Work Health and Safety (Mines and Petroleum Sites) Act 2013 
Northern TerritoryWork Health and Safety (National Uniform Legislation) ActGeneral
 Rail Safety (National Uniform Legislation) ActRail
QueenslandWork Health and Safety Act 2011General
 Mining and Quarrying Safety and Health Act 1999Mining
 Rail Safety National Law (Queensland) Act 2017Rail
 Heavy Vehicle National Law Act 2012Heavy vehicle
South AustraliaWork Health and Safety Act 2012General
 Rail Safety National Law (South Australia) Act 2012Rail
TasmaniaWork Health and Safety Act 2012General
 Mines Work Health and Safety (Supplementary Requirements) Act 2012 Mining
VictoriaOccupational Health and Safety Act 2004General
VictoriaRail Safety (Local Operations) Act 2006 
Western AustraliaOccupational Health and Safety Act 1984General

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