AST NSW PRL Work Health Safety Bill


On Sep. 20, AST NSW PRL introduced amendment bill re work, safety.


  • AST NSW PRL introduced Work health and safety amendment bill 2023 to AST NSW PRL, to amend Work health and safety act 2011 (act) to incorporate amendments made to the Model work health and safety act (model act), i.e. re penalty amounts.
  • This bill also contains an explanatory note with additional information re the bill.
  • Follows AST SFWK Jul. 2023 issued amendments to model WHS laws, see #180567.
  • Overview of Bill
  • Object is to amend act to incorporate amendments made to model act re the following.
  • Penalty amounts; liability of bodies corporate for the conduct of officers, employees and agents; the powers and responsibilities of inspectors; prohibited asbestos notices.
  • Prohibiting a person from taking out insurance for penalties imposed under the act.
  • In addition, it said another object is to amend the act to make provision for the establishment of a register to monitor the health of workers exposed to silica dust.
  • Object also includes amending the Work health and safety regulation 2017 (regs).
  • Amending these regs to incorporate increased penalty amounts in line with penalty increases incorporated in the Model work health and safety regulations (model regs).
  • Criminal Liability
  • Certain amendments set out in schedule 1 to bill include extending criminal liability.
  • Criminal liability for gross negligence or reckless conduct to an individual acting in individual’s capacity as an officer of a person conducting a business or undertaking.
  • Next Steps
  • This bill will follow the required legislative process; currently in Legislative Assembly.
  • Oct. 2023 Bill Enacted
  • On Oct. 24, 2023, AST NSW PRL said Work health and safety amendment bill 2023 above received assent; Work health and safety amendment act 2023 enacted Oct. 24.
  • Schedule 1[2], [18]-[20], [22], [24]-[27], and schedule 2[1] and [6] commence on Apr. 25, 2024; schedule 1[4]-[15], [17], [28], [32] and [37], and schedule 2[2]-[4] commence on Jul. 1, 2024; otherwise, states commencement is on Oct. 24, 2023.

Regulators AST NSW PRL
Entity Types CNSM; Corp; Ins
Reference Act 34/2023, Info 10/24/2023; Bill b2023-107.d07, Info 9/20/2023; Citation: Work health and safety act 2011; Work health and safety regulation 2017; Work health and safety amendment act 2023;
Functions Compliance; HR; Legal; Market Conduct; Registration/Licensing; Treasury
Countries Australia
Category
State
Products Corporate; Insurance
Regions AP
Rule Type Final
Rule Date 9/20/2023
Effective Date 4/25/2024
Rule Id 185388
Linked to Rule :180567
Reg. Last Update 10/24/2023
Report Section International

Last substantive update on 10/27/2023