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The role of the Regulator (WHS)

The Commonwealth, states and territories are responsible for making their own work health and safety (WHS) laws. 


Each jurisdiction has a Regulator who monitors and enforces compliance with WHS laws. They also: 


  • give advice and information on WHS duties 

  • collect, analyse and publish statistics 

  • promote and support education and training 

  • help duty holders, workers and representatives consult and coordinate on WHS matters 

  • promote and share information, tools and initiatives, including with other regulators. 


In New South Wales the Regulator for workplace health and safety is SafeWork NSW.

SafeWork NSW enforce the requirements laid out in the New South Wales WHS Act 2011 and New South Wales WHS Regulation 2017. They may send inspectors to workplaces and they can be contacted by telephone for advice or to report a WHS violation.


Safe Work Australia is a national policy body responsible for the development and evaluation of the model WHS laws which were enacted in 2011. The Model laws replaced the individual OHS laws of each state and territory with the exception of the state of Victoria. The new laws reinstituted the Robens Model [Note 1] which was the original basis of health and safety law in Australia beginning in 1972. The Model laws consist of:



Safe Work Australia is not a Regulator and cannot advise about WHS issues in the workplace. Advice must be obtained from SafeWork NSW for New South Wales businesses.


SafeWork NSW have published a number of FACT SHEETS, GUIDES, and Codes of Practice on health and safety in the workplace. The Codes of Practice in use in New South Wales are derived from the Model Codes of Practice written by Safe Work Australia.


You have duties under WHS laws if you are: 


  • a person conducting a business or undertaking (PCBU), such as an employer 

  • an officer, such as a business owner or CEO 

  • worker

  • a person classified as "other" in the workplace such as a customer, visitor, or delivery person.


In 2023, SafeWork NSW introduced seven Regulatory Priorities to focus its compliance and enforcement efforts. These Regulatory Priorities aimed to target high risk work activities and emerging harms in NSW.


The Regulatory Priorities were:


  • Gig economy (temporary and seasonal workers)


  • Safety around moving plant


  • Seasonal workplaces


  • Psychological health and safety


  • Respect at Work


  • Exposure to harmful substances


  • Falls


All of these areas are a major focus of SafeWork's regulatory and assistance efforts and will continue. If you are in any of these industries and would like to improve your WHS management system please contact us contact us at train@courtenell.com.au or phone us on 02 9552 2066


References



  1. The Robens Model was derived from a report published in the UK in 1972 by Lord Alfred Robens proposing changes to the UK Occupational Safety and Health system which was perceived to be overly regulatory. Up until the 1970s Australian health and safety law was mostly derived from the 19th century British health and safety legislation (particularly the 1878 Factories Act, and later the 1901 Act.) The "Robens Model" was thereafter adopted in Australia. By the 2000s local amendments of OHS laws over the years had resulted in departures from the Robens Model and disparities between jurisdictions.

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