Inspire : Public Works Nov Dec 2012
29 Navigating the rocky road to uniform WHS laws THOUGHT LEADERS ROBIN SCHUCK SENIOR LEGAL POLICY ADVISOR, CONSULT AUSTRALIA Each state and territory is taking a di erent approach to the new legislation ... large areas of uncertainty remain as to where each jurisdiction will head next. WORKPLACE HEALTH AND SAFETY (WHS) LAWS across Australia have undergone something of a revolution over the last few years. Many industry groups, including Consult Australia, have welcomed the shift to a uniform set of national laws. However, as with any adjustment to a new regulatory environment, the transitional period poses a number of challenges. The frst challenge is that each state and territory is taking a different approach to the new legislation. While a clearer picture is emerging of what the fnal legislative framework will look like, large areas of uncertainty remain as to where each jurisdiction will head next. Second, a greater number of parties now have responsibilities and need to adjust to their new obligations. The fnal challenge under the new framework is a lack of clarity as to what a consultant is required to do to meet the legal requirements. At the time of writing, the new laws have already been passed and implemented in NSW, Queensland, the ACT, the Northern Territory and the Commonwealth. Tasmania has passed the model legislation, with commencement due at the beginning of 2013, while the Western Australian Government has indicated they plan to introduce @ Consult Australia's Robin Schuck explains the challenges and opportunities that are emerging as the states adopt the national workplace health and safety laws.
Public Works Sept Oct 2012
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