Changes relating to enforcement, inspector powers and investigations are among a suite of amendments to Commonwealth work health and safety laws now in force.
A bill that makes a broad range of amendments to the Work Health and Safety Act 2011 passed the Australian Parliament earlier this year, implementing recommendations of the 2018 review of the Model WHS Laws which looked at how the legislation was operating in practice.
The changes came into effect on 21 September 2023 and include:
- Broadening the Category 1 offence to include negligence as a fault element
- Prohibiting insurance for WHS Act penalties
- Allowing Health and Safety Representatives to choose their own Comcare-approved training course
- Enhancing inspector powers
- Extending the deadline to request a Category 1 or 2 prosecution to 18 months
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