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Queensland's new legislation

The following information is published to provide industry with an overview of the changes to work health and safety laws.

Work health and safety laws

The Queensland Parliament passed the Work Health and Safety Act 2011 (the WHS Act 2011) on 26 May 2011. The WHS Act 2011 reflects the national model WHS Act with minor (but necessary) changes which enable it to operate within the Queensland jurisdiction.

This was followed on 24 November 2011 with the approval of the Work Health and Safety Regulation 2011 (the WHS Regulation 2011) by the Queensland Governor in Council. The WHS Regulation reflects the national model WHS Regulation, with some changes, which will enable it to operate effectively in Queensland.

The key pieces of legislation are:

The new legislation will come into force on 1 January 2012.

Transitional provisions are included to smooth the transition to the new requirements which will require some action by business operators in order to comply.

Transitional provisions at a glance: Work Health and Safety Act 2011 (PDF, 147 kB)

Transitional provisions for the Work Health and Safety Regulation 2011 (PDF, 217 kB)

Asbestos transitional arrangements (PDF, 131 kB)

Safety in recreational water activities laws

As the national model Work Health and Safety Act did not include recreational diving, a new Safety in Recreational Water Activities Act 2011 (the SRWA Act) was also passed by the Queensland Parliament on 26 May 2011. On 24 November 2011 the Queensland Governor in Council approved the Safety in Recreational Water Activities Regulation 2011.

Diving is a significant industry in Queensland and the SRWA Act ensures that the strict safety standards in Queensland's diving and snorkelling industries are maintained.

The key pieces of legislation are:

Codes of practice

Workplace Health and Safety Queensland will be amending codes of practice for Queensland businesses.

There are also national codes of practice developed by Safe Work Australia.

For more information

How the new laws came about
Background, benefits of harmonisation, Work Health and Safety Act 2011 and Model Work Health and Safety Regulations.

Understanding the Work Health and Safety Act 2011
Highlights the differences between Queensland's current Workplace Health and Safety Act 1995 and the new Work Health and Safety Act 2011 which will take effect on 1 January 2012.

Safety for Recreational Water Activities Act 2011
The SRWA Act sets out the legal duties that apply in Queensland to protect the public from harm when they take part in recreational water activities provided by a PCBU.