Victorian workers who are employed by Federal government departments or government business enterprises come under the Commonwealth system. In addition, national companies granted 'self-insurer' status under Comcare are also covered by both the Comcare workers' compensation and OHS Act (see Historical context item, below)
January 1, 2012
As of the beginning of 2012, the Commonwealth and four other jurisdictions, implement (versions) of the Work Health Safety Act, Regulations and Codes of Practice.
The Work Health and Safety Bill 2011 (Cwlth) was passed by the Commonwealth Parliament on 24 November 2011. The Bill implements the provisions of the model
Work Health and Safety Act within the Commonwealth jurisdiction and replaces the
Occupational Health and Safety Act 1991 with the Work Health and Safety Act 2011 (Cwth). The commencement date was 1 January 2012. (more information: explanatory memorandum)
The Work Health and Safety (Transitional and Consequential Provisions) Bill 2011 was also passed on the same day, and makes transitional and consequential provisions in relation to the new Work Health and Safety Bill 2011 (Cwlth). (more information: explanatory memorandum)
The Work Health and Safety Regulations 2011 were released on 14 December 2011. They implement the model Work Health and Safety Regulations in the Commonwealth jurisdiction and will apply to the Commonwealth, public authorities and, for a transitional period, non-Commonwealth licensees. The Regulations will replace the Occupational Health and Safety (Safety Standards) Regulations 1994 and the Occupational Health and Safety (Safety Arrangements) Regulations 1991 which will be repealed, along with the Occupational Health and Safety Act 1991 (OHS Act), on commencement of the WHS Act on 1 January 2012. (More information: explanatory statement)
Work is steadily progressing at Safe Work Australia on developing and declaring a number of Codes of Practice. As these are declared, the Commonwealth jurisdiction automatically adopts them.
Comcare has an extensive Frequently Asked Questions on its website which covers many of the questions relating to the implementation of the Work Health and Safety Act, Regulations and Codes of Practice.
Recently, we became aware of another Frequently Asked Questions about the WHS Act page - with some different questions posed and answered.
See items below for information and summary of the Act. More information will be placed on the site in coming months as needed.
Last updated September 2015