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Overview
Margaret Diamond, General Counsel; Sophie Redmond, Executive Counsel; Greg Robertson, General Counsel, Harmers Workplace Lawyers
State transitional arrangements
As each of the states, territories and the Commonwealth move from their pre-harmonisation occupational health and safety legislation to new Work Health and Safety Acts which mirror the Model Work Health and Safety Act, there is a need for arrangements to manage the transition to the new system.
Safe Work Australia has developed standard transitional principles to facilitate harmonised transition arrangements. Each jurisdiction has developed its own arrangements, based on the standard transition principles.
The transitional principles developed by Safe Work Australia cover:
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Principle A: Repeal of existing occupational health and safety legislation;
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Principle B: Duties under the pre-harmonisation laws;
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Principle C: “Upstream” duties;
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Principle D: Appointments and elected positions;
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Principle E: Inspectors;
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Principle F: Health and safety representatives;
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Principle G: Election processes, eligibility of representatives and committees;
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Principle H: Work groups established under pre-harmonisation legislation;
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Principle I: Agreed policies and procedures;
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Principle J: Authorisations;
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Principle K: Incident notification;
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Principle L: Enforcement and compliance; and
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exemptions
Safe Work Australia has also published transitional principles in respect of the Model Work Health and Safety Regulations (Model Regulations).
See State transitional arrangements.
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