In 2008, the Council of Australian Governments agreed to a national review of occupational health and safety laws with a view to achieving national harmonisation of what are now known as work health and safety laws. This has been achieved, not through federal legislation overriding the states, but through a Model Work Health and Safety Act (Model Act) at the federal level, supported by the Model Work Health and Safety Regulations (Model Regulations) and model Codes of Practice (Codes), each to be adopted in each state and territory and also at the federal level (separate to the model legislation). The planned commencement date was 1 January 2012.

Legislation in line with the Model Act was operative in Queensland, New South Wales, the Northern Territory, the Australian Capital Territory, and at the federal level by that date. However, the other states will also join the programme over a phased period. This national harmonisation initiative, however, does not guarantee complete national uniformity in work health and safety regulation.

See The framework of the Model Work Health and Safety legislation.

The basic framework of the Model Act is as follows:

• a primary duty of care requiring persons conducting a business or undertaking to ensure, so far as is reasonably practicable, the health and safety of workers and others who may be affected by the carrying out of work;

• duties of care for persons who influence the way work is carried out, as well as the integrity of products used for work;

• a requirement that “officers” exercise “due diligence” to ensure that the person conducting the business or undertaking complies with its duty or obligation under the Model Act;

• reporting requirements for “notifiable incidents” such as the serious illness, injury or death of persons and dangerous incidents arising out of the conduct of a business or undertaking;

• a framework to establish a scheme for authorisations such as licences, permits and registrations, for eg, for persons engaged in high risk work or users of certain plant or substances;

• provision for consultation on work health and safety matters and for participation and representation arrangements within the workplace;

• arrangements for the resolution of work health and safety issues;

• prohibition of discriminatory, coercive or misleading conduct in respect of people who exercise powers, functions or rights under the Model Act;

• an entry permit scheme; and

• provision for enforcement and compliance, which includes a role for enforceable undertakings.

See How the Model Work Health and Safety Act works.