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This Act may be cited as the Safe Work Australia Act 2008.
Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information | ||
|---|---|---|
Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table | The day on which this Act receives the Royal Assent. | 18 September 2009 |
2. Sections 3 to 73 | A single day to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period. | 1 November 2009 |
This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.
This Act creates a body called Safe Work Australia to improve work health and safety outcomes and workers’ compensation arrangements in Australia.
Safe Work Australia mainly consists of members who represent the Commonwealth, the States, the Territories, workers and employers (see section 10).
It has various functions relating to work health and safety and workers’ compensation (see section 6). For example, one of its functions is to develop and evaluate a model WHS legislative framework.
The Ministers of the Commonwealth, the States and the Territories who are responsible for WHS (collectively known as the WHS Ministers) have some oversight of Safe Work Australia’s activities. For example, the WHS Ministers consider whether to approve the model WHS legislative framework developed by Safe Work Australia for adoption by the Commonwealth, the States and the Territories.
Safe Work Australia has a CEO who is responsible for its administration and for assisting it to perform its functions. It is also assisted by its staff, its committees and others.
In this Act:
Australian law means a law of the Commonwealth, a State or a Territory.
CEO means the Chief Executive Officer of Safe Work Australia.
Intergovernmental Agreement means the Intergovernmental Agreement for Regulatory and Operational Reform in Occupational Health and Safety between the Commonwealth, the States and the Territories, as amended from time to time.
member means a member of Safe Work Australia (including the Chair and the CEO) who is appointed under this Act.
model WHS legislative framework means any model Act, model regulations or model codes of practice relating to WHS, as amended from time to time, developed by Safe Work Australia for adoption by the Commonwealth, the States and the Territories.
The model WHS legislative framework is developed by Safe Work Australia for approval by the WHS Ministers (see item 2 of the table in section 6).
Territory means the Australian Capital Territory or the Northern Territory.
voting member means a member other than the CEO.
WHS means work health and safety.
WHS Ministers means the Minister of the Commonwealth, and the Minister of each State and Territory, who is responsible, or principally responsible, for matters relating to WHS.
Safe Work Australia is established by this section.
For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):
Safe Work Australia is a listed entity; and
the CEO is the accountable authority of Safe Work Australia; and
the following persons are officials of Safe Work Australia:
the CEO;
the other members;
the staff of Safe Work Australia referred to in section 59;
persons whose services are made available to Safe Work Australia under section 61; and
the purposes of Safe Work Australia include the functions of Safe Work Australia referred to in section 6.
The object of the establishment of Safe Work Australia is to improve national WHS outcomes and workers’ compensation arrangements by providing an inclusive tripartite forum for representatives of governments, workers and employers to:
collaborate on national WHS and workers’ compensation matters; and
lead the development of evidence‑based national WHS and workers’ compensation policies and strategies; and
promote consistency in WHS and workers’ compensation arrangements across Australia.
Safe Work Australia has the functions set out in this table:
Functions of Safe Work Australia | ||
|---|---|---|
Item | Topic | The functions of Safe Work Australia are: |
1 | National policy and strategy | to develop, evaluate and, if necessary, revise national WHS and workers’ compensation policies and supporting strategies, including the following: (a) a national WHS strategy, to be developed for approval by the WHS Ministers; (b) a national compliance and enforcement policy, to be developed for approval by the WHS Ministers, for the model WHS legislative framework; and |
2 | Model WHS legislative framework and other WHS material | (a) to develop, evaluate and, if necessary, revise: (i) a model WHS legislative framework, to be developed for approval by the WHS Ministers for adoption by the Commonwealth, the States and the Territories; and (ii) other material relating to WHS; and (b) to monitor the adoption by the Commonwealth, the States and the Territories of the model WHS legislative framework approved by the WHS Ministers; and |
3 | Workers’ compensation | to develop proposals to improve workers’ compensation arrangements, and to promote national consistency in such arrangements; and |
4 | Evidence | to: (a) collect, analyse and publish relevant data; and (b) undertake and publish research; to inform the development and evaluation of WHS and workers’ compensation policies and strategies; and |
5 | Education and communication | to develop and implement national education and communication strategies and initiatives: (a) to support improvements in WHS outcomes and workers’ compensation arrangements; and (b) to promote national consistency in such strategies and initiatives; and |
6 | Collaboration | to collaborate with the Commonwealth, the States and the Territories, and other national and international bodies, on WHS and workers’ compensation policy matters of national importance; and |
7 | Advising the WHS Ministers | to advise the WHS Ministers on national policy matters and initiatives relating to WHS and workers’ compensation; and |
8 | Other conferred functions | such other functions that are conferred on it by, or under, this Act or any other Commonwealth Act. |
Safe Work Australia must perform its functions in accordance with its corporate plan and operational plan.
When performing its functions, Safe Work Australia may consult with:
governments and government bodies; and
representatives of workers and employers; and
other interested people, bodies and organisations.
Safe Work Australia has the privileges and immunities of the Crown in the right of the Commonwealth.
This Part deals with Safe Work Australia’s membership.
Division 2 sets out its membership. It also deals with the appointment of voting members (that is, members other than the CEO). (For the appointment of the CEO, see Division 2 of Part 6.)
Besides the Chair, voting members are representative members—they represent the Commonwealth, States, Territories, workers and employers. There is a special nomination process for the appointment of these members (see sections 13 to 16).
Division 3 provides for the terms and conditions on which voting members are appointed.
Membership
Safe Work Australia consists of the following members:
the Chair;
1 member who represents the Commonwealth;
8 members, each of whom represents a different State or Territory;
2 members who represent the interests of workers in Australia;
2 members who represent the interests of employers in Australia;
the CEO.
When membership falls below threshold
Safe Work Australia may not perform its functions if more than one‑third of the voting members’ offices are vacant.
Appointment by Minister
The Minister must, by written instrument, appoint a person to be the Chair.
The Chair may be reappointed: see section 33AA of the Acts Interpretation Act 1901.
Consultation of WHS Ministers
The Minister can only make the appointment if the WHS Ministers have been consulted about the appointment of the person.