BRR: We're joined by Bianca Wellington. She's a Counsel in the Office of General Counsel practice at AGS and she joins us from Canberra. Bianca, a warm welcome to BRR.
BW: Thank you.
BRR: Well, Bianca, harmonisation of OHS laws has been a topic that has seen lots of press coverage since the debate really entered the public realm. If we just go back to basics, what is the core framework that will be established by the new work health and safety laws?
BW: The intention is that the harmonised laws will commence on 1 January 2012 and some States and Territories have already passed their legislation. The Commonwealth legislation is currently in the parliament. It will apply to the Commonwealth and Commonwealth authorities, as well as a few larger businesses, non-Commonwealth licensees for a transitional period. And the State laws will apply to State and Territory governments and their authorities and also to the private sector entities that are operating in that relevant State or Territory.
BRR: And Bianca I'd like to focus, I guess, on Commonwealth entities for a moment. Have there been any major changes to the duties imposed on officers and workers and, I guess, could you take us through some of the main ones?
BW: There is a significant development, in the duties, that's imposed under these laws for officers. The duty for workers the content of which is largely the same as what exists under the current health and safety laws. But the duties of officers is a new duty in the Commonwealth context. And it does exist in some States already, but in some States it would also be a new development. The duty basically is a duty of due diligence. So the duty is to ensure the compliance of their business or undertaking or their authority or the Commonwealth with its duties. And that's… there's some examples in the laws about the type of steps that that would involve and the offices would need to be thinking about acquiring and keeping up-to-date with health and safety matters in their authority or their agency and they would also need to be looking at resourcing matters. It’s a personal duty so the intention is that they will be proactive about these matters and assist the Commonwealth to comply with its obligations.
BRR: Well, Bianca, you may have already mentioned, but when will the new laws for Commonwealth entities commence and is there anything they should be doing or thinking about before the new laws come into effect?
BW: The intention is that the new laws will come in to effect this January. 1 January 2012. And it is probably fair to say that the principles and the scope of the duties on agencies and authorities will be largely the same under the new laws, to the extent that the new laws will also be based around the system taking reasonable, reasonably practicable steps to ensure health and safety. And that's what exists now. So there should be a level of consistency with the processes that agencies and authorities have now; that they should certainly be reviewing and considering those policies and practices. But it may be that there's not a significant need for change. An exception would be that the new duty for officers will require some further thinking and people will need to take that into account, and what that duty requires, to make sure that officers are personally complying with that duty.
BRR: Most certainly will. Bianca, some good insights there. Thank you again for joining us.
BW: No worries. Thank you.
BRR: That was Bianca Wellington. She is a Counsel in the Office of General Counsel practice at AGS.