Major changes to strengthen South Australia’s work health and safety legislation are now law.
The reforms include increasing timeframes to commence prosecutions for serious breaches, easing of confidentiality provisions, a new dispute resolution model and formalising the recently established SafeWork SA Advisory Committee.
The Work Health and Safety (Review Recommendations) Amendment Act 2024 implements legislative change from the 2022 Review of SafeWork SA, along with recommendations from the national 2018 Review of the Model Work Health and Safety Laws.
The Amendment Bill passed both Houses of Parliament in June 2024 and comes into operation on 1 September 2024.
Under the changes, confidentiality rules have been reformed to allow SafeWork SA to communicate more information about its regulatory activities with stakeholders, including victims of workplace accidents and their families.
Amendments relating to prosecutions extend the 12-month timeframe to 24 months after a serious workplace incident for a person to request SafeWork SA to prosecute.
The changes also allow a request for prosecution to be made within 12 months of a coronial report, or a coronial inquiry or inquest ending.
The reforms formally establish the SafeWork SA Advisory Committee, which was first convened in April 2023.
The 15-member committee provides advice and recommendations to SafeWork SA and the Industrial Relations Minister. The committee includes members representing workers, employers, victims of workplace incidents and their families, WHS professional bodies and RetunToWorkSA.
A conciliation, mediation, and arbitration model for work health and safety disputes will also be introduced in the South Australian Employment Tribunal.
The new model will allow certain parties to lodge disputes and is aimed at ensuring there is a mechanism for the prompt resolution of work health and safety disputes.
Other changes included in the Work Health and Safety (Review Recommendations) Amendment Act 2024 involve expanding entry permit holders’ rights, the prohibition of insurance to cover WHS prosecutions, and extending eligible parties to reviewable decisions.
More information about the amendments can be found on SafeWorkSAs website here.