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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Work Health and Safety Amendment
(Standalone Regulator) Bill 2025
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Work Health and Safety Act 2011 No 10 3
I certify that this public bill, which originated in the Legislative Assembly, has finally passed
the Legislative Council and the Legislative Assembly of New South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2025
New South Wales
Work Health and Safety Amendment
(Standalone Regulator) Bill 2025
Act No , 2025
An Act to amend the Work Health and Safety Act 2011 in relation to the SafeWork Commissioner
and SafeWork Advisory Council; and for related purposes.
I have examined this bill and find it to correspond in all respects with the bill as finally
passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Work Health and Safety Amendment (Standalone Regulator) Bill 2025 [NSW]
The Legislature of New South Wales enacts--
1 Name of Act
This Act is the Work Health and Safety Amendment (Standalone Regulator) Act
2025.
2 Commencement
This Act commences on 1 July 2025.
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Work Health and Safety Amendment (Standalone Regulator) Bill 2025 [NSW]
Schedule 1 Amendment of Work Health and Safety Act 2011 No 10
Schedule 1 Amendment of Work Health and Safety Act 2011
No 10
[1] Section 4 Definitions
Insert in alphabetical order--
Advisory Council, for Part 8, Division 3 and Schedule 1A--see section 155C.
SafeWork Commissioner means the person employed in the Public Service as
the SafeWork Commissioner.
[2] Section 4, definition of "member of staff", paragraph (a)
Omit "Department of Customer Service". Insert instead "SafeWork NSW Agency".
[3] Part 8, Division 3
Insert after Part 8, Division 2--
Division 3 SafeWork Advisory Council
155C Definition
In this division--
Advisory Council means the SafeWork Advisory Council established by
section 155D(1).
155D Establishment of SafeWork Advisory Council
(1) The SafeWork Advisory Council is established.
(2) Schedule 1A contains provisions about the membership and procedures of the
Advisory Council.
155E Functions of Advisory Council
(1) The Advisory Council has the following functions--
(a) to monitor emerging risks and trends in the field of work health and
safety,
(b) to advise the SafeWork Commissioner on the strategic direction and
priorities of SafeWork NSW,
(c) to advise the SafeWork Commissioner or the Minister on any matters
referred to the Council by the SafeWork Commissioner or the Minister,
(d) other functions conferred on the Council by or under this Act or the
regulations, or another law.
(2) The SafeWork Commissioner must, when determining the strategic direction
and priorities of SafeWork NSW, take into account the advice of the Advisory
Council.
155F Review of division
(1) The Minister must review the operation of this division to determine
whether--
(a) the policy objectives of the division remain valid, and
(b) the terms of the division remain appropriate for securing the policy
objectives.
(2) The review must be undertaken as soon as practicable after 1 July 2028.
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Work Health and Safety Amendment (Standalone Regulator) Bill 2025 [NSW]
Schedule 1 Amendment of Work Health and Safety Act 2011 No 10
(3) A report on the outcome of the review must be tabled in each House of
Parliament no later than 1 July 2029.
[4] Section 276C
Insert after section 276B--
276C Supervision of operation of work health and safety scheme by Parliamentary
Committee
(1) As soon as practicable after the commencement of this section and the
commencement of the first session of each Parliament, a committee of the
Legislative Council must be designated by resolution of the Legislative
Council as the designated committee for this section.
(2) The resolution of the Legislative Council must specify the terms of reference
of the committee, which must relate to supervising the operation of the work
health and safety scheme established under this Act.
(3) On the commencement of this section and until a committee is designated
under subsection (1), the Standing Committee on Law and Justice is taken to
be the designated committee.
[5] Schedule 1A
Insert after Schedule 1--
Schedule 1A Provisions relating to Advisory Council
section 155D
1 Definitions
In this schedule--
Advisory Council has the same meaning as in section 155C.
appointed member means a member of the Advisory Council other than the
SafeWork Commissioner.
member means a member of the Advisory Council.
2 Membership of Advisory Council
(1) The Advisory Council must consist of--
(a) the SafeWork Commissioner, and
(b) at least 8, but no more than 12, persons appointed by the Minister.
(2) Of the members appointed under subclause (1)(b)--
(a) 3 must be persons nominated by a body that represents employers in
New South Wales, and
(b) 3 must be persons nominated by Unions NSW, and
(c) at least 1 must work in or be an expert in the field of work health and
safety, and
(d) at least 1 must be a representative of a work health and safety support,
advocacy, or awareness group or organisation, or a person who has
lived experience of workplace injury or death and represents the
interests of injured workers and their families.
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Work Health and Safety Amendment (Standalone Regulator) Bill 2025 [NSW]
Schedule 1 Amendment of Work Health and Safety Act 2011 No 10
3 Term of office for appointed members
(1) An appointed member holds office for a term not exceeding 3 years.
(2) An appointed member is eligible for reappointment.
(3) An appointed member, if otherwise eligible, may be appointed for a maximum
of 3 consecutive terms.
4 Part-time appointments
An appointed member holds office on a part-time basis.
5 Remuneration
The Minister may determine the rate of remuneration for an appointed
member.
6 Vacancy in office for appointed member
(1) The office of an appointed member becomes vacant if the appointed
member--
(a) dies, or
(b) completes a term of office and is not reappointed, or
(c) resigns the office, or
(d) is removed from office by the Minister, or
(e) is absent from 3 consecutive meetings of the Advisory Council of which
reasonable notice has been given to the member, unless the appointed
member is granted leave or excused by the Council, or
(f) becomes personally insolvent, or
(g) becomes a mentally incapacitated person, or
(h) is convicted of--
(i) a New South Wales offence punishable by imprisonment for 12
months or more, or
(ii) an offence of another jurisdiction that, if committed in New
South Wales, would be an offence punishable by imprisonment
for 12 months or more.
(2) If the office of an appointed member becomes vacant, a person must, subject
to this Act and the regulations, be appointed to fill the vacancy.
7 Chairperson
(1) The Minister must appoint an appointed member as Chairperson of the
Advisory Council.
(2) The Chairperson must preside at an Advisory Council meeting.
(3) If the Chairperson is absent from an Advisory Council meeting, an appointed
member elected by the members present at the meeting must preside at the
meeting.
(4) The presiding member has a deliberative vote and, if there is an equality of
votes, has a second or casting vote.
8 Disclosure of pecuniary and other interests
(1) This clause applies if--
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Work Health and Safety Amendment (Standalone Regulator) Bill 2025 [NSW]
Schedule 1 Amendment of Work Health and Safety Act 2011 No 10
(a) a member has a direct or indirect pecuniary or other interest in a matter
being considered or about to be considered by the Advisory Council,
and
(b) the interest appears to raise a conflict with the proper performance of the
member's duties in relation to the consideration of the matter.
(2) The member must, as soon as possible after the relevant facts have come to the
member's knowledge, disclose the nature of the interest at a meeting of the
Advisory Council.
(3) Particulars of a disclosure made under this clause must be recorded by the
Advisory Council and made available to a person on request.
(4) It is sufficient disclosure of the nature of an interest relating to a specified
company, body or person if the member has previously disclosed that the
member--
(a) is a member of, or employed by, the company or body, or
(b) is a partner of, or employed by, the person, or
(c) has another specified interest relating to the company, body or person.
(5) After a member has disclosed the nature of an interest in a matter, the member
must not, unless the Minister or Advisory Council otherwise determines--
(a) be present during a deliberation of the Council about the matter, or
(b) take part in a decision of the Council about the matter.
(6) A member who has a direct or indirect pecuniary or other interest in a matter
to which a disclosure relates must not--
(a) be present when the Advisory Council is making a determination under
subclause (5), or
(b) take part in the making of the determination.
(7) A contravention of this clause does not invalidate a decision of the Advisory
Council.
9 Effect of other legislation
The provisions of the Government Sector Employment Act 2013 relating to the
employment of Public Service employees do not apply to an appointed
member.
10 Procedure for Advisory Council meetings
(1) The quorum for an Advisory Council meeting is a majority of its members.
(2) Each appointed member is entitled to 1 vote in relation to a decision at an
Advisory Council meeting.
(3) A decision supported by a majority of the votes cast by appointed members at
an Advisory Council meeting is taken to be a decision of the Advisory
Council.
(4) The Advisory Council may, subject to this Act and the regulations, determine
procedures in relation to the form and content of Advisory Council meetings.
11 Subcommittees
(1) The SafeWork Commissioner may approve the establishment of
subcommittees of the Advisory Council for the purposes of enabling the
Advisory Council to exercise its functions.
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Work Health and Safety Amendment (Standalone Regulator) Bill 2025 [NSW]
Schedule 1 Amendment of Work Health and Safety Act 2011 No 10
(2) The Advisory Council may appoint a person to be a member of a
subcommittee if, in the Advisory Council's opinion, the person is qualified to
be a member of the subcommittee.
(3) The members of a subcommittee do not need to be members of the Advisory
Council.
[6] Schedule 2 The regulator
Omit "Secretary of the Department of Customer Service" wherever occurring in clause
1(1)(a) and (2).
Insert instead "SafeWork Commissioner".
[7] Schedule 2 The Regulator
Insert after clause 1(2)--
(3) Reporting Requirements
The SafeWork Commissioner will report every 6 months (including in an
Annual Report) on the achievements, challenges, program management and
regulatory engagement governance of SafeWork NSW. These reports will be
posted on the SafeWork NSW website and include--
(a) the High-Risk Workplaces and Repeat Offenders program list, and
(b) a summary of action under the High-Risk Workplaces and Repeat
Offenders program, and
(c) a summary of completed investigations and their outcomes, and
(d) in circumstances where the regulator considers it appropriate, a list of
current investigations, and
(e) a summary of the number and type of complaints by industry received
by SafeWork NSW, and
(f) a summary of any action taken following advice received from the
Safework Advisory Council.
(4) No liability is incurred by the State in respect of anything done in good faith
for the purpose of publishing information under this section.
(5) No liability is incurred by a person publishing in good faith information that
has been published under this section.
(5A) In this section--
liability includes liability in defamation.
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