AUSTRALIAN WORKPLACE SAFETY STANDARDS BILL 2005 Explanatory Memorandum
AUSTRALIAN WORKPLACE SAFETY STANDARDS BILL 2005
2004-2005
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
AUSTRALIAN WORKPLACE SAFETY STANDARDS BILL 2005
EXPLANATORY MEMORANDUM
(Circulated by authority of the Minister for Employment and Workplace Relations,
the Honourable Kevin Andrews MP)
Outline
AUSTRALIAN WORKPLACE SAFETY STANDARDS BILL 2005
OUTLINE
The purpose of the Bill is to provide for the declaring of national standards and codes of practice
relating to occupational health and safety (OHS) matters by the Australian Safety and
Compensation Council (ASCC). The Bill does not prevent additional functions being conferred
on the ASCC administratively.
The ASCC will be a body established under the executive power of the Commonwealth to
provide policy advice to the Workplace Relations Ministers' Council on national OHS and
workers' compensation arrangements in order to achieve national regulatory frameworks.
The ASCC will replace the National Occupational Health and Safety Commission (NOHSC)
established under section 6 of the National Occupational Health and Safety Commission Act
1985 (the NOHSC Act). NOHSC will be abolished by the repeal of the NOHSC Act effected by
the National Occupational Health and Safety Commission (Repeal, Consequential and Transitional
Provisions) Bill 2005.
National standards and codes of practice declared by the ASCC, like those that have been
declared by NOHSC, will be advisory only, requiring separate legislative action by
Commonwealth, State and Territory governments to implement the standards and codes within
their jurisdiction.
FINANCIAL IMPACT STATEMENT
The proposed measures are budget-neutral.
House of Representatives page 1 Australian Workplace Safety Standards Bill 2005
Notes on clauses
NOTES ON CLAUSES
Clause 1 - Short title
1.1 This is a formal provision specifying the short title of the Act.
Clause 2 - Commencement
1.2 This clause sets out a table, the effect of which will be that, other than sections 1 and 2
(which will commence on the day on which the Act receives Royal Assent), the remaining
sections of the Act will come into operation on a day to be proclaimed.
Clause 3 - Definitions
1.3 This clause contains a definition for the Australian Safety and Compensation Council
(ASCC). The ASCC will be a body established by the Minister by written instrument to lead and
coordinate policy development and strategic directions for occupational health and safety and
workers' compensation. The ASCC will be an advisory body to represent the interests of
governments, employers and employees.
Clause 4 - Function of Australian Safety and Compensation Council
1.4 Subclause (1) provides that it is a function of the ASCC to declare national standards
and/or codes of practice relating to occupational health and safety matters.
1.5 Subclause (2) confirms that, in addition to the statutory function conferred on the ASCC
by this Bill, the ASCC may perform other functions conferred on it by its instrument of
establishment.
1.6 Subclause (3) makes it clear that the statutory function of declaring national standards
and/or codes of practice relating to occupational health and safety matters can only be performed
by the ASCC to the extent of the Commonwealth's legislative power under the Constitution.
Clause 5 - Powers of Australian Safety and Compensation Council
1.7 Subclause (1) provides the ASCC with the powers necessary to enable it to perform its
statutory function under this Bill of declaring OHS standards and/or codes of practice. Subclause
(2) confirms that, in addition to these powers, additional powers may be conferred on the ASCC
by its instrument of establishment.
Clause 6 - Declaration of national standards and codes of practice
1.8 Subclause (1) empowers the ASCC to declare national standards and/or codes of practice
relating to occupational health and safety matters. The ASCC may declare a national standard or
a code of practice on a particular subject matter or, if appropriate, both a national standard and a
code of practice in relation to a matter. National standards and/or codes of practice are required
to be declared by written instrument.
House of Representatives page 2 Australian Workplace Safety Standards Bill 2005
Notes on clauses
1.9 Subclause (2) provides that national standards and codes of practice declared by the
ASCC under this Bill are advisory in character. However, this does not preclude the
Commonwealth, a State or Territory Government from enacting separate legislation to adopt, and
give legal effect to, an advisory standard or code.
1.10 Subclause (3) provides that national standards or codes of practice determined by the
ASCC are not legislative instruments within the meaning of section 5 of the Legislative
Instruments Act 2003. National standards and codes of practice determined by the ASCC are of
an advisory nature. They are given legislative force by relevant State, Territory or
Commonwealth legislation, which may incorporate part or all of a national standard or code of
practice.
1.11 Subclause (4) requires the ASCC to publish the title and objective of any declared national
standard or code of practice as well as information about how interested persons can obtain a
copy of the national standard or code of practice. This subclause enables regulations to be made
setting out further particulars relating to these publication requirements.
1.12 Subclause (5) requires the ASCC to provide a copy of any declared national standard or
code of practice to the Minister.
Clause 7 - Steps preparatory to declaring national standards and codes of practice
1.13 Subclause (1) requires the ASCC to consult publicly before declaring a national standard
or code of practice. This subclause enables regulations to be made setting out further particulars
relating to these consultation requirements.
1.14 Subclause (2) requires the ASCC to have regard to any representations made and
authorises the ASCC to alter the proposed national standard or code of practice as a result. This
provision does not require further consultation when a proposed standard or code has been
altered in response to representations previously made.
Clause 8 - Delegation of powers and functions
1.15 Subclause (1) enables the ASCC to delegate its powers or functions to: a member of the
ASCC; an SES employee (or acting SES employee) performing duties in the Department; or a
committee made of ASCC members and SES (including acting SES) employees.
1.16 Subclause (2) provides that the ASCC may specify the procedures to be followed by any
committee to which it delegates a Council function or power.
1.17 The power of delegation in clause 8 is not limited to the ASCC's statutory function of
declaring national standards and/or codes of practice. It will also enable the delegation of any
non-statutory powers and functions of the ASCC.
Clause 9 - Regulations
House of Representatives page 3 Australian Workplace Safety Standards Bill 2005
Notes on clauses
1.18 This clause enables the Governor-General to make regulations for the purposes of the Bill.
Regulations will be made dealing with publication and consultation requirements associated with
declaring national standards and/or codes of practice.
House of Representatives page 4 Australian Workplace Safety Standards Bill 2005