Will others be able to see my submission?

You can choose whether and how your submission is published on a Safe Work Australia website. The publication options for your submissions are for it to be:

·  published under the name of person or organisation

·  published anonymously

·  used to inform the Regulation Impact Statement but not published

You should note that regardless of the publication option you choose, Safe Work Australia may be required to release your submission if requested under the Freedom of Information Act 1982 (Cth), unless an exemption applies. Your personal information may also be disclosed if authorised or required by law, or for the purpose of parliamentary processes.

When will my submission be published?

If you agreed to publication, your submission will be published on a Safe Work Australia website after the Decision RIS has been prepared.

What happens after the submission period closes?

As submissions come in, we read them and collate views and supporting evidence provided on each option. We will attempt to determine the value of any costs and benefits  for each option, based on the evidence provided. A qualitative analysis is done where the value of the costs and benefits cannot be determined Both methods can be used to identify the option with the greatest net benefit for workers, business and the community.

This analysis is documented in the Decision RIS, which will be provided to WHS ministers to help them decide how to respond to the recommendations of the 2018 Review. 

How will the recommendations of the 2018 Review affect WHS laws in each state and territory?

Whether or not the recommendations made by the 2018 Review are implemented will be decided by Commonwealth, state and territory ministers with responsibility for WHS.

If changes are made to the model WHS laws, those changes will only apply in a jurisdiction when that jurisdiction has separately taken action to implement the change in their own WHS laws. In jurisdictions where the model WHS laws have been implemented, each jurisdiction is generally expected to make changes to ensure the laws operate effectively and to maintain harmonisation.  However, if a jurisdiction does not implement changes to the model WHS laws in their own WHS law, it will not be legally binding in that jurisdiction.

Do I have to answer all of the questions in the Consultation RIS?

You may answer some or all of the questions - it is entirely up to you. You can also raise a matter not explicitly addressed in the Consultation RIS, such as alternative option, so long as it is relevant to problems with the model WHS laws identified in the 2018 Review.

Can I please have an extension?

Generally, extensions will not be granted. If your submission is received after the closing time, we may not be able to include it in the impact analysis for the Decision RIS. However, if there are exceptional circumstances and you need an extension, please email 2018Review@swa.gov.au before the closing date.

The ability to make an online submission will close on 11.59pm AEST Monday 5 August 2019 regardless of any extensions granted.

How can I participate?

You can provide a written submission in response to the Consultation RIS through Safe Work Australia’s Engage platform by 11.59pm AEST Monday 5 August 2019.

  1. Download and complete the Submission template available in the Supporting documents folder
  2. Register and login to Engage and upload your completed submission using the Consultation RIS submission form.
You can upload up to three documents using the online submission form.

Why were the model WHS laws reviewed and what were the key findings?

When the model WHS laws were developed, ministers with responsibility for WHS for the Commonwealth, states and territories (WHS ministers) agreed the laws should be reviewed every five years. WHS ministers asked that the first full review of the model WHS laws be finished by the end of 2018.

The 2018 Review of the model WHS laws (the 2018 Review) was undertaken by an independent reviewer, Marie Boland, who is a former Executive Director of SafeWork SA.

The 2018 Review found the model WHS laws are largely operating as intended, but recommended some changes to improve clarity for duty holders on their obligations, remove complexity where possible and enhance consistent understanding and application of the laws across harmonised jurisdictions. The 2018 Review recommendations include some changes to penalty levels and legal proceedings where there is a breach of the WHS laws. 

Who we want to hear from?

We would like to hear from everyone who may be affected by the recommendations—it does not matter what role you are in, your industry or business size. Work health and safety impacts all occupations and workplaces.

I can’t make a submission on online. Are there any other ways I can provide feedback?

We will accept written submissions by email or post.

Please contact us before hand to obtain a cover sheet that will collect the same information as you would provide for an online registration and submission. This includes your agreement to terms and conditions, and your instructions on how to treat your submission. Without your agreement and instructions, we may not be able to use the information you provide.

As consultation on the RIS is a formal process with a focus on collection of evidence, we prefer written feedback. If this is not possible, please email us to discuss other options.

Do I have to use the submission template?

No, but it will help us with analysing your feedback. The template is an accessible form, so everyone working on the RIS will be able to easily access the information you provide. If you agree to your submission being published, more people will able to access it on the website too.