• Harmonisation

  1. WHS ministers recommit to harmonisation of laws, so workers receive consistent protections and businesses have consistent obligations.

  2. Harmonisation be maintained and strengthened through considering potential state or territory amendments at the national level and prioritising the passage of nationally agreed amendments across all jurisdictions.

  3. A new NCEP be developed that provides more detail about how decisions will be made and how key aspects of the model WHS laws will be enforced.

• Duties

  4. The statutory duty of care include management of risks arising from harmful workplace behaviours. 

  5. Volunteer officers of strata/community title corporations not be liable for breaches of officer duties. 

  6. The hierarchy of control be applied to all types of work and risks. 

  7. A WHS Information Statement be provided to workers. 

• Consultation

  8. A suite of ‘best practice’ provisions be incorporated into the model WHS laws, including a right to cease unsafe work, a union right of entry, and changes to health and safety representative (HSR) entitlements and powers such as expanded information-gathering powers.

• Compliance and enforcement

  9. The timeframe for internal review of WHS decisions be increased from 14 to 21 days. Workers, HSRs and unions be given standing in an external review where they have raised or been involved in a matter. Furthermore, non-payment of WHS infringement notices be made an offence.

  10. General standing be granted for persons or organisations to prosecute WHS offences.

  11. A contract of insurance or grant of indemnity cannot be used to cover the legal fees of a person subject to a WHS prosecution.

  12. The use of non-disclosure agreements (NDAs) be restricted where they could compromise WHS rights or obligations.

  13. A nationally consistent approach to infringement notice schemes be developed and consideration be given to which provisions of the model WHS laws should attract infringement penalties and which should attract civil penalties.

  14. A suite of ‘best practice’ provisions be incorporated into the model WHS laws, including measures such as enhanced regulator investigation powers, expanded information sharing and the introduction of alternative verdicts for industrial manslaughter and Category 1 and Category 2 offences.

• Codes of Practice

  15. Persons who comply with a Code be taken to have complied with the relevant WHS duty in relation to matters addressed by that Code.

  16. Industry-based Codes of Practice be developed with accompanying small business implementation toolkits.

  17. Consideration be given to the introduction of National Codes of Practice. 

• Modernisation project

  18. A model WHS Regulations modernisation project be undertaken to improve consistency and appropriately regulate modern work, workplaces and emerging hazards.

• Emerging risks

  19. A strategy on AI and other emerging digital technologies be developed which monitors how WHS laws are applied to these technologies to ensure the laws and regulations remain fit for purpose.

  20. A strategy on climate change be developed to monitor the application of laws regarding extreme weather and to identify and address gaps, and model regulations addressing extreme heat, air quality and vector-borne diseases be created.

  21. A strategy on harmful behaviours be developedto strengthen understanding of how the laws apply to harmful workplace behaviours and regulations be created to regulate access to facilities and address workplace violence and harassment. 

What could this mean for employers?

While these recommendations are not yet law, the report signals the direction of future model WHS laws. Employers should consider and prepare for the following potential impacts:

• standing for workers and unions in external reviews;
• any person or organisation being able to prosecute employers for alleged breaches; 
• limits on NDAs that interfere with WHS rights;
• restrictions on insurance for prosecution legal costs; a requirement to provide workers with basic WHS information;
• strengthened HSR arrangements, consultation mechanisms, rights to cease unsafe work and union right of entry;
• clearer obligations to address psychosocial hazards and harmful workplace behaviour through WHS risk-management processes;
• compliance with Codes of Practice to be taken to mean adherence to the relevant WHS duty; and
• increased regulatory attention regarding AI, climate-related hazards and harmful behaviours.

What's next? 

Following the release of the final report, the focus will now turn to whether, and to what extent, the recommendations will be implemented. Any agreed amendments to the model WHS laws will need to be enacted by participating jurisdictions before taking effect.