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The Council of Australian Governments (COAG) has asked jurisdictions to investigate ways in which the model work health and safety (WHS) laws could be improved with a particular focus on reducing red tape. As part of this review, Safe Work Australia has released an Issues Paper and ConsultationRegulation Impact Statement (RIS) to consult with the community on improving the model WHS laws.A copy of the Issues Paper and Consultation RIS is available at the Commonwealth’s Office of Best Practice Regulation website

The model Work Health and Safety (WHS) laws came into effect in Queensland on 1 January 2012. Since then, the Queensland Government has reviewed the impact of the model WHS laws in Queensland and amended theWork Health and Safety Act 2011 and Work Health and Safety Regulation 2011following consultation with local stakeholders about reducing red tape while maintaining high standards for work health and safety. These amendments came into effect in Queenslandon 16 May 2014. Further information about these amendments is available at

The Issues Paper and ConsultationRISidentifies a range of issues and seeks feedback from stakeholders on the impact of various requirements in the model WHS laws and possible alternatives. As Queensland has already completed a recent review of its WHS laws, stakeholder feedback is only being sought on new issues identified in the Issues Paper and Consultation RIS.

This submission form is designed to assist you in providing views on questions covered in the Issues Paper and Consultation RIS.By completing the form, you will provide information that will be considered in preparing a report forWorkplace Relations Ministers and COAG on any recommended changes to certain aspects of the model WHS laws.

All interested people are encouraged to read the Issues Paper and Consultation RIS, and make comments on the issues raised.

To submit your response

Regulators in all jurisdictions are consulting with local stakeholders on the Issues Paper and Consultation RIS and providing the results of this consultation to Safe Work Australia. Written submissions should be forwarded (via mail oremail)to:

Director - Workplace and Electrical Policy

Workplace Health and Safety Queensland

Office of Fair and Safe WorkQueensland

Department of Justice and Attorney-General

Mail:GPO Box 69

BRISBANEQLD4001

Email:

The closing date for submissions is 5 pm onMonday 28 July 2014.Submissions will not be accepted after this date.

Public access to submissions

The Right to Information Act 2009 provides for access to information held by government.You should consider the possible application of this legislation to any submissions made and other documents generated in the course of the Department of Justice and Attorney-General conducting thisprocess.

Privacy statement

The Department of Justice and Attorney-General is seeking community input for the purpose examining options to improve the model WHS laws.The information collected as part of the review process, which may include your personal information, may also be used for statistical research purposes.Submissions will be treated confidentially.However, information contained in submissions may be anonymously included, in full or part, in departmental documents and publications.All information collected will be treated in full compliance with the Information Privacy Act 2009.

Consideration of issues raised

After the public comment period closes, feedback from stakeholders will be provided to Safe Work Australia which will provide a report on potential changes to the model WHS laws to Workplace Relations Ministers and the Council of Australian Governments.

Further consultation on any potential changes to Queensland’s WHS laws will occur following consideration by Workplace Relations Ministers and the Council of Australian Governments.

Further enquiries

Further enquiries can be made by emailing .

Details of respondent

The completion of this section is optional.However, if you do not supply your contact details Workplace Health and Safety Queensland will be unable to contact you should there be a need to clarify any issues raised in your submission.

Name:
Organisation:
(if applicable)
Position:
(if applicable)
Daytime phone:
Email address:
or
Postal address:
Postcode:

Nature of submission

Please tick the category that best describes your interest:

Individual householder/community member

Individual employer

Individual worker

Professional or trade representative group

Employer representative group

Worker representative group

Government agency

Other (please specify):

Questions in the Issues Paper and Consultation Regulation Impact Statement on improving the model WHS laws

The model WHS Act

3.1 What areas in the model WHS Act, other than those identified by COAG and addressed below, have positively or negatively impacted on your organisation and how could they be improved?

Comments

Director’s liability under the model WHS laws

3.2 What impact (positive or negative) has they on officers had on your organization?
3.3 Which aspects of the duty (if any) should be changed?

Comments

The model WHS Regulations

4.1 Which areas of the model WHS Regulations are concerns for you and how could they be improved?

Comments

4.2 Which areas of the model WHS Regulations (if any) are more burdensome than beneficial?
4.3 How could these requirements be changed and what impact would this have?

Comments

4.4 Which areas of the model WHS Regulations (if any) are unnecessarily prescriptive and therefore limiting compliance options?
4.5 How could these requirements be changed and what impact would this have?

Comments

Practical compliance difficulties

4.6 Which areas of the model WHS Regulations are difficult to comply with or unworkable in practice?
4.7 How could these requirements be changed and what impact would this have?

Comments

The model WHS Codes of Practice

5.1 What role should approved Codes of Practice have in the legislative framework?
5.2 Which model Codes of Practice do you use and how do you use them?
5.3 What improvements could be made to the model Codes of Practice to make them more useful?
5.4 Does it make any difference to you if guidance is presented in a Code of Practice or in other formats such as guides or fact sheets?
5.5 Is the level of detail in the model Codes of Practice appropriate? Please provide any examples of where material in a model Code is overly complex?

Comments

PN11690 - Improving the model Work Health and Safety Laws - ConsultationRIS responsePage 1 of 6