National OHS harmonisation: Queensland's submission
The Federal Government commissioned a national review of occupational health and safety (OHS) laws in early 2008. The review is being conducted by an expert panel consisting of Robin Stewart Crompton, Barry Sherriff and Stephanie Mayman.
The first of two reports, the ‘National Review into Model Occupational Health and Safety Laws First Report’ was released in November 2008. The report makes recommendations on the priority areas of duties of care and the nature and structure of offences, including defences. The second report is to be released in January 2009.
The review panel has recommended that a broad duty of care be imposed on persons conducting a business or undertaking. This recommendation adopts the innovative Queensland approach and recognises that modern working relationships extend beyond the employer/employee relationship.
The report has also recommended that the expression ‘reasonably practicability’ should be used to qualify the duties of care and that the prosecutor should bear the onus of proof.
The report has recommended a three-tiered approach to offences, as set out in the following table, with significant increases in penalties.
| Category | Offences | Type of hearing | Penalties |
| 1 | The most serious cases involving recklessness or gross negligence | Judge and jury | Corporation:$3 million Individual:$600 000 Imprisonment: up to five years |
| 2 | Offences dealing with serious harm or the risk of it without recklessness or negligence |
Magistrate/ judge |
Corporation:$1.5 million Individual: $500 000 |
| 3 | Other breaches | Magistrate/ judge | Corporation: $500,000 Individual: $100 000 |
The final report is scheduled to be presented to the Deputy Prime Minister on 30 January 2009 and will be considered by state and territory ministers with responsibility for OHS in February 2009.
Under an agreement reached at the Council of Australian Governments (COAG) the Commonwealth, states and territories will agree the content of the national model OHS laws by 30 September 2009 with implementation by July 2011. The model Regulations are scheduled to be completed by December 2011.
The Queensland Government is committed to the development of a national OHS system which addresses contemporary work arrangements and reduces the regulatory burden on businesses.
View the Queensland Government's submission
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