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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Safe Work Australia Amendment (Role
and Functions) Bill 2017
No. , 2017
(Employment)
A Bill for an Act to amend the Safe Work Australia
Act 2008, and for related purposes
No. , 2017
Safe Work Australia Amendment (Role and Functions) Bill 2017
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Part 1--Main amendments
3
Safe Work Australia Act 2008
3
Part 2--Consequential amendments
7
Safe Work Australia Act 2008
7
No. , 2017
Safe Work Australia Amendment (Role and Functions) Bill 2017
1
A Bill for an Act to amend the Safe Work Australia
1
Act 2008, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the Safe Work Australia Amendment (Role and
5
Functions) Act 2017.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Safe Work Australia Amendment (Role and Functions) Bill 2017
No. , 2017
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments Schedule 1
Main amendments Part 1
No. , 2017
Safe Work Australia Amendment (Role and Functions) Bill 2017
3
Schedule 1--Amendments
1
Part 1--Main amendments
2
Safe Work Australia Act 2008
3
1 Section 3
4
Omit:
5
This Act creates a body called Safe Work Australia to improve
6
occupational health and safety outcomes and workers'
7
compensation arrangements in Australia.
8
substitute:
9
This Act creates a body called Safe Work Australia to improve
10
work health and safety outcomes and workers' compensation
11
arrangements in Australia.
12
2 Section 3
13
Omit:
14
It has various functions relating to occupational health and safety
15
and workers' compensation (see section 6). For example, one of its
16
functions is to prepare model OHS legislation for adoption as a law
17
of the Commonwealth, each of the States and each of the
18
Territories.
19
The Ministerial Council (a body that consists of Ministers from the
20
Commonwealth, States and Territories) has some oversight of Safe
21
Work Australia's activities. For example, the Council considers
22
whether to approve the model OHS legislation that Safe Work
23
Australia has prepared.
24
substitute:
25
It has various functions relating to work health and safety and
26
workers' compensation (see section 6). For example, one of its
27
Schedule 1 Amendments
Part 1 Main amendments
4
Safe Work Australia Amendment (Role and Functions) Bill 2017
No. , 2017
functions is to develop and evaluate a model WHS legislative
1
framework.
2
The Ministers of the Commonwealth, the States and the Territories
3
who are responsible for WHS (collectively known as the WHS
4
Ministers) have some oversight of Safe Work Australia's activities.
5
For example, the WHS Ministers consider whether to approve the
6
model WHS legislative framework developed by Safe Work
7
Australia for adoption by the Commonwealth, the States and the
8
Territories.
9
3 Section 4
10
Repeal the following definitions:
11
(a) definition of approved model OHS codes of practice;
12
(b) definition of approved model OHS legislation;
13
(c) definition of approved OHS compliance and enforcement
14
policy;
15
(d) definition of Ministerial Council;
16
(e) definition of model OHS codes of practice;
17
(f) definition of model OHS legislation.
18
4 Section 4
19
Insert:
20
model WHS legislative framework means any model Act, model
21
regulations or model codes of practice relating to WHS, as
22
amended from time to time, developed by Safe Work Australia for
23
adoption by the Commonwealth, the States and the Territories.
24
Note:
The model WHS legislative framework is developed by Safe Work
25
Australia for approval by the WHS Ministers (see item 2 of the table
26
in section 6).
27
5 Section 4 (definition of OHS)
28
Repeal the definition.
29
6 Section 4
30
Insert:
31
WHS means work health and safety.
32
Amendments Schedule 1
Main amendments Part 1
No. , 2017
Safe Work Australia Amendment (Role and Functions) Bill 2017
5
WHS Ministers means the Minister of the Commonwealth, and the
1
Minister of each State and Territory, who is responsible, or
2
principally responsible, for matters relating to WHS.
3
7 After section 5
4
Insert:
5
5A Object
6
The object of the establishment of Safe Work Australia is to
7
improve national WHS outcomes and workers' compensation
8
arrangements by providing an inclusive tripartite forum for
9
representatives of governments, workers and employers to:
10
(a) collaborate on national WHS and workers' compensation
11
matters; and
12
(b) lead the development of evidence-based national WHS and
13
workers' compensation policies and strategies; and
14
(c) promote consistency in WHS and workers' compensation
15
arrangements across Australia.
16
8 Section 6 (table)
17
Repeal the table, substitute:
18
19
Functions of Safe Work Australia
Item
Topic
The functions of Safe Work Australia are:
1
National policy and
strategy
to develop, evaluate and, if necessary, revise
national WHS and workers' compensation policies
and supporting strategies, including the following:
(a) a national WHS strategy, to be developed for
approval by the WHS Ministers;
(b) a national compliance and enforcement policy,
to be developed for approval by the WHS
Ministers, for the model WHS legislative
framework; and
2
Model WHS
legislative framework
and other WHS
material
(a) to develop, evaluate and, if necessary, revise:
(i) a model WHS legislative framework, to
be developed for approval by the WHS
Ministers for adoption by the
Commonwealth, the States and the
Territories; and
Schedule 1 Amendments
Part 1 Main amendments
6
Safe Work Australia Amendment (Role and Functions) Bill 2017
No. , 2017
Functions of Safe Work Australia
Item
Topic
The functions of Safe Work Australia are:
(ii) other material relating to WHS; and
(b) to monitor the adoption by the Commonwealth,
the States and the Territories of the model
WHS legislative framework approved by the
WHS Ministers; and
3
Workers'
compensation
to develop proposals to improve workers'
compensation arrangements, and to promote
national consistency in such arrangements; and
4
Evidence
to:
(a) collect, analyse and publish relevant data; and
(b) undertake and publish research;
to inform the development and evaluation of WHS
and workers' compensation policies and strategies;
and
5
Education and
communication
to develop and implement national education and
communication strategies and initiatives:
(a) to support improvements in WHS outcomes
and workers' compensation arrangements; and
(b) to promote national consistency in such
strategies and initiatives; and
6
Collaboration
to collaborate with the Commonwealth, the States
and the Territories, and other national and
international bodies, on WHS and workers'
compensation policy matters of national
importance; and
7
Advising the WHS
Ministers
to advise the WHS Ministers on national policy
matters and initiatives relating to WHS and
workers' compensation; and
8
Other conferred
functions
such other functions that are conferred on it by, or
under, this Act or any other Commonwealth Act.
9 Transitional provision
--things done by, or in relation to,
1
the Ministerial Council
2
Anything done by, or in relation to, the Ministerial Council under the
3
Safe Work Australia Act 2008 before the commencement of this item
4
has effect after that commencement as if the thing had been done by, or
5
in relation to, the WHS Ministers.
6
Amendments Schedule 1
Consequential amendments Part 2
No. , 2017
Safe Work Australia Amendment (Role and Functions) Bill 2017
7
Part 2--Consequential amendments
1
Safe Work Australia Act 2008
2
10 Subsection 11(2) (heading)
3
Repeal the heading, substitute:
4
Consultation of WHS Ministers
5
11 Subsection 11(2)
6
Omit "Ministerial Council has", substitute "WHS Ministers have".
7
12 Subsection 12(2) (heading)
8
Repeal the heading, substitute:
9
Consultation of WHS Ministers
10
13 Subsection 12(2)
11
Omit "Ministerial Council has", substitute "WHS Ministers have".
12
14 Section 26 (paragraph relating to Division 2)
13
Omit "Ministerial Council for approval. Once the Ministerial Council
14
approves", substitute "WHS Ministers for approval. Once the WHS
15
Ministers approve".
16
15 Section 26 (paragraph relating to Division 3)
17
Omit "Ministerial Council for approval. Once the Ministerial Council
18
approves", substitute "WHS Ministers for approval. Once the WHS
19
Ministers approve".
20
16 Section 26 (paragraph relating to Division 4)
21
Omit "Ministerial Council", substitute "WHS Ministers".
22
17 Subsection 27(1)
23
Omit "Ministerial Council", substitute "WHS Ministers".
24
Schedule 1 Amendments
Part 2 Consequential amendments
8
Safe Work Australia Amendment (Role and Functions) Bill 2017
No. , 2017
18 Subsection 28(1) (heading)
1
Repeal the heading, substitute:
2
WHS Ministers to approve or refuse plan
3
19 Subsection 28(1)
4
Omit "Ministerial Council, the Council", substitute "WHS Ministers,
5
the WHS Ministers".
6
20 Subsection 28(1) (note)
7
Repeal the note, substitute:
8
Note:
The WHS Ministers give approvals or refusals by resolution of the
9
WHS Ministers: see section 69.
10
21 Subsection 28(2) (heading)
11
Repeal the heading, substitute:
12
WHS Ministers' directions to alter plan
13
22 Subsection 28(2)
14
Omit "Ministerial Council refuses to approve the draft plan, the
15
Council", substitute "WHS Ministers refuse to approve the draft plan,
16
the WHS Ministers".
17
23 Subsection 28(2) (note)
18
Repeal the note, substitute:
19
Note:
The WHS Ministers give directions by resolution of the WHS
20
Ministers: see section 69.
21
24 Subsection 28(4) (heading)
22
Repeal the heading, substitute:
23
CEO to comply with WHS Ministers' directions
24
25 Subsection 28(5) (heading)
25
Repeal the heading, substitute:
26
Amendments Schedule 1
Consequential amendments Part 2
No. , 2017
Safe Work Australia Amendment (Role and Functions) Bill 2017
9
When WHS Ministers must approve plan
1
26 Subsection 28(5)
2
Omit "Ministerial Council" (first occurring), substitute "WHS
3
Ministers".
4
27 Paragraph 28(5)(a)
5
Omit "Council", substitute "WHS Ministers".
6
28 Subsection 28(5)
7
Omit "Ministerial Council" (second occurring), substitute "WHS
8
Ministers".
9
29 Subsection 28(5) (note)
10
Repeal the note, substitute:
11
Note:
The WHS Ministers give approvals or refusals by resolution of the
12
WHS Ministers: see section 69.
13
30 Subsections 28(6) and (8) and 29(1)
14
Omit "Ministerial Council", substitute "WHS Ministers".
15
31 Subsection 30(1) (heading)
16
Repeal the heading, substitute:
17
WHS Ministers to approve or refuse plan
18
32 Subsection 30(1)
19
Omit "Ministerial Council, the Council", substitute "WHS Ministers,
20
the WHS Ministers".
21
33 Subsection 30(1) (note)
22
Repeal the note, substitute:
23
Note:
The WHS Ministers give approvals or refusals by resolution of the
24
WHS Ministers: see section 69.
25
34 Subsection 30(2) (heading)
26
Repeal the heading, substitute:
27
Schedule 1 Amendments
Part 2 Consequential amendments
10
Safe Work Australia Amendment (Role and Functions) Bill 2017
No. , 2017
WHS Ministers' directions to alter plan
1
35 Subsection 30(2)
2
Omit "Council refuses to approve the draft plan, the Council", substitute
3
"WHS Ministers refuse to approve the draft plan, the WHS Ministers".
4
36 Paragraph 30(2)(b)
5
Omit "Council", substitute "WHS Ministers".
6
37 Subsection 30(2) (note)
7
Repeal the note, substitute:
8
Note:
The WHS Ministers give directions by resolution of the WHS
9
Ministers: see section 69.
10
38 Subsection 30(4) (heading)
11
Repeal the heading, substitute:
12
CEO to comply with WHS Ministers' directions
13
39 Subsection 30(5) (heading)
14
Repeal the heading, substitute:
15
When WHS Ministers must approve plan
16
40 Subsection 30(5)
17
Omit "Ministerial Council" (first, second and third occurring),
18
substitute "WHS Ministers".
19
41 Subsection 30(5) (note)
20
Repeal the note, substitute:
21
Note:
The WHS Ministers give approvals or refusals by resolution of the
22
WHS Ministers: see section 69.
23
42 Subsection 30(6)
24
Omit "Ministerial Council approves", substitute "WHS Ministers
25
approve".
26
43 Subsection 30(8)
27
Omit "Ministerial Council", substitute "WHS Ministers".
28
Amendments Schedule 1
Consequential amendments Part 2
No. , 2017
Safe Work Australia Amendment (Role and Functions) Bill 2017
11
44 Division 4 of Part 4 (heading)
1
Repeal the heading, substitute:
2
Division 4--WHS Ministers' directions to alter corporate
3
or operational plans
4
45 Section 31 (heading)
5
Repeal the heading, substitute:
6
31 WHS Ministers' directions to alter corporate plan
7
46 Subsection 31(1) (heading)
8
Repeal the heading, substitute:
9
WHS Ministers' directions
10
47 Subsection 31(1)
11
Omit "Ministerial Council" (first occurring), substitute "WHS
12
Ministers".
13
48 Paragraph 31(1)(b)
14
Omit "Council", substitute "WHS Ministers".
15
49 Subsection 31(1) (note)
16
Repeal the note, substitute:
17
Note:
The WHS Ministers give a direction by resolution of the WHS
18
Ministers: see section 69.
19
50 Subsection 31(3) (heading)
20
Repeal the heading, substitute:
21
CEO to comply with WHS Ministers' directions
22
51 Subsection 31(4) (heading)
23
Repeal the heading, substitute:
24
Schedule 1 Amendments
Part 2 Consequential amendments
12
Safe Work Australia Amendment (Role and Functions) Bill 2017
No. , 2017
When WHS Ministers must approve alterations to plan
1
52 Subsection 31(4)
2
Omit "Ministerial Council" (first, second and third occurring),
3
substitute "WHS Ministers".
4
53 Subsection 31(4) (note)
5
Repeal the note, substitute:
6
Note:
The WHS Ministers give approvals or refusals by resolution of the
7
WHS Ministers: see section 69.
8
54 Subsections 31(5) and (7)
9
Omit "Ministerial Council", substitute "WHS Ministers".
10
55 Section 32 (heading)
11
Repeal the heading, substitute:
12
32 WHS Ministers' directions to alter operational plan
13
56 Subsection 32(1) (heading)
14
Repeal the heading, substitute:
15
WHS Ministers' directions
16
57 Subsection 32(1)
17
Omit "Ministerial Council" (first occurring), substitute "WHS
18
Ministers".
19
58 Paragraph 32(1)(b)
20
Omit "Council", substitute "WHS Ministers".
21
59 Subsection 32(1) (note)
22
Repeal the note, substitute:
23
Note:
The WHS Ministers give a direction by resolution of the WHS
24
Ministers: see section 69.
25
60 Subsection 32(3) (heading)
26
Repeal the heading, substitute:
27
Amendments Schedule 1
Consequential amendments Part 2
No. , 2017
Safe Work Australia Amendment (Role and Functions) Bill 2017
13
CEO to comply with WHS Ministers' directions
1
61 Subsection 32(4) (heading)
2
Repeal the heading, substitute:
3
When WHS Ministers must approve alterations to plan
4
62 Subsection 32(4)
5
Omit "Ministerial Council" (first, second and third occurring),
6
substitute "WHS Ministers".
7
63 Subsection 32(4) (note)
8
Repeal the note, substitute:
9
Note:
The WHS Ministers give approvals or refusals by resolution of the
10
WHS Ministers: see section 69.
11
64 Subsection 32(5)
12
Omit "Ministerial Council approves", substitute "WHS Ministers
13
approve".
14
65 Subsection 32(7)
15
Omit "Ministerial Council", substitute "WHS Ministers".
16
66 Section 33 (paragraph relating to Division 2)
17
Omit "model OHS legislation or model OHS codes of practice",
18
substitute "model WHS legislative framework".
19
67 Subsections 37(3) and 38(2)
20
Omit "model OHS legislation or model OHS codes of practice",
21
substitute "model WHS legislative framework".
22
68 Subsection 42(2) (heading)
23
Repeal the heading, substitute:
24
Decisions about model WHS legislative framework
25
69 Subsection 42(2)
26
Omit "model OHS legislation or model OHS codes of practice",
27
substitute "model WHS legislative framework".
28
Schedule 1 Amendments
Part 2 Consequential amendments
14
Safe Work Australia Amendment (Role and Functions) Bill 2017
No. , 2017
70 Section 69
1
Repeal the section, substitute:
2
69 How WHS Ministers give directions etc.
3
The WHS Ministers are to give a direction, an approval or a refusal
4
for the purposes of a provision of this Act by resolution of the
5
WHS Ministers passed in accordance with the procedures
6
determined by the WHS Ministers.
7
71 Section 70
8
Omit "Ministerial Council", substitute "WHS Ministers".
9
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