The Work Health and Safety Bill 2011 would implement the Model Work Health and Safety Bill (the model Bill) within the Commonwealth jurisdiction and would form part of a system of nationally harmonised occupational health and safety (OHS) laws. The Bill would apply to businesses and undertakings conducted by the Commonwealth, public authorities, and, for a transitional period, non-Commonwealth licensees.

The Commonwealth and each of the States and Territories have signed the Intergovernmental Agreement for Regulatory and Operational Reform in OHS which commits jurisdictions to implement the model laws by December 2011.

The model Bill is intended to be ‘mirrored' in all jurisdictions. Separate Bills would be introduced into each jurisdiction's parliament to give effect to the model Bill.

The Bill includes the following key elements:

• 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 compliance
• 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 general scheme for authorisations such as licences, permits and registrations (e.g. for persons engaged in high risk work or users of certain plant or substances)
• provision for consultation on work health and safety matters, participation and representation provisions
• provision for the resolution of work health and safety issues
• protection against discrimination for those who exercise or perform or seek to exercise or perform powers, functions or rights under the Bill

The model Bill is based on Workplace Relations Ministers Council's responses to the recommendations made in the first and second reports of the National Review into Model Occupational Health and Safety Laws.

The Work Health and Safety (Transitional and Consequential Provisions) Bill 2011 would make transitional and consequential provisions in relation to the new Commonwealth OHS laws set out in the Work Health and Safety Bill 2011. The Bill would repeal the Occupational Health and Safety Act 1991; make a range of transitional provisions; and make consequential amendments to the Safety, Rehabilitation and Compensation Act 1988 and the Social Security Act 1991.