Following our December 2023 article where we listed the top five upcoming changes to Queensland’s work health and safety laws, the Work Health and Safety Amendment Bill 2023 (Bill) passed Parliament on 21 March 2024.
The Bill, which amends the Work Health and Safety Act 2011 (Qld) (WHS Act), implements recommendations from the:
- 2022 Review of the Work Health and Safety Act 2011 at the state level; and
- 2018 Review of the model work health and safety laws at the national level.
Was the Bill passed without changes?
The Bill passed mostly unchanged. However, a key change omitted was the proposed amendment to add negligence as a fault element to the Category 1 ‘ reckless’ offence under section 31 of the WHS Act (see number 2 in our December 2023 article).
The reason this change was not made is that broader changes to WHS Act offences are now proposed.
Last month, the independent Work Health and Safety Prosecutor completed the Review to examine the scope and application of the industrial manslaughter provisions in the Work Health and Safety Act 2011(IM Review). The IM Review recommended the industrial manslaughter provisions in the WHS Act be amended to:
- apply not just workers who are killed as a result of negligent conduct at a workplace, but also to other individuals (e.g. visitors to the workplace or members of the public);
- remove any doubt that the industrial manslaughter offence applies to all duty holders in a contractual chain (who may have multiple and concurrent duties with one another) such as principal contractors, subcontractors, developers and consultants; and
- provide a judge or jury (depending on the court in which the case is being heard) with the ability to find an accused guilty of a lower Category 1 or Category 2 offence as an alternative in circumstances where the elements of the industrial manslaughter offence cannot be proven beyond reasonable doubt.
The State Government will consider the recommendations from the IM Review before deciding on whether amendments to the Category 1 offence are necessary, which will be made at a later date.
What’s next?
It is important to note that any changes to these offences will not alter the scope of duties or compliance obligations under the WHS Act. However, if further amendments are made to the offence of industrial manslaughter and the Category 1 offence, this will likely increase exposure to penalties where charges are laid. Accordingly, such changes would reinforce the need for WHS Act compliance.
For the changes actually made by the Bill, especially those discussed in our December 2023 article, it will be important to ensure systems are updated to accommodate the new obligations and powers regarding Health and Safety Representatives, and the prohibition on insurance for fines.
Our team of experts are here to help — please don’t hesitate to contact us should you have any questions or require assistance.