Margaret Diamond, General Counsel; Sophie Redmond, Executive Counsel; Greg Robertson, General Counsel; Harmers Workplace Lawyers

The Model Work Health and Safety Act (the Model Act) contains a number of provisions designed to provide a framework for ensuring that there is compliance with the safety legislation at all levels.

To ensure that there is a mechanism for investigating whether the Act is being complied with and for bringing proceedings for breaches of the Act, the Model Act makes provision for a regulator (in Pt 8 of the Act) and for inspectors (in Pt 9 of the Act).

Part 8 of the Model Act sets out in broad terms the functions and powers of the regulator (in addition to other specific functions and powers given elsewhere in the Act). These functions include:

• monitoring compliance with the Act;

• conducting and defending proceedings under the Act before courts or tribunals;

• giving advice and recommendations to the relevant minister regarding the operation and effectiveness of the Act; and

• educational and promotional activities in relation to work health and safety.

See The regulator