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19 Torrens St Braddon
ACT 1612 || GPO Box 1989
Canberra ACT 2601
Telephone +61 2 6246 3788
Facsimilie +61 2 6248 0639
MR2709
30 September 2009
Law Council Pleased With
Release
of
Balanced OH&S Reforms
The Law Council has welcomed the release of the new model Occupational
Health and Safety (OH&S) laws, which it says are balanced and adhere to the
fundamental principles of the criminal justice system.
The models laws were released this week by the Workplace Relations
Ministers’ Council.
Law Council President John Corcoran said, “The model laws strike the correct
balance and adhere to fundamental criminal law principles. Governments
must set aside jurisdictional differences and enact a uniform model OH&S
law.”
Mr Corcoran said a uniform national OH&S system was in the best interests
of both employers and workers and should be implemented as soon as
possible.
Currently there are nine different OH&S systems in place across all Australian
jurisdictions. Those laws differ in many fundamental respects, including in
relation to definitions, penalties, procedures and powers and responsibilities
of employers and employees’ representatives.
“Despite the substantial differences in OH&S legislation across Australia,
there is little evidence to suggest that the imposition of harsher penalties and
evidentiary burdens in some jurisdictions has improved workplace safety
performance. Nor has it been improved by the extension of prosecution
powers to unions or other organisations,” Mr Corcoran said.
“There are undeniable benefits, both to workers and employers, in a uniform
national OH&S system, but there is no evidence that workers in any
jurisdiction will be worse off if a model law is adopted uniformly,” he said.
“The Law Council urges all governments to commit to the implementation of a
national OH&S system.”
“We will be providing a detailed response to the model laws and regulations
and
look forward to contributing further to this important debate which is of
great concern to Australian workers,” Mr Corcoran concluded.
Media Contact:
Elenore Eriksson, Director Public Affairs
P. 02 6246 3716 || M. 0419 269 855
The Law Council of Australia exists to represent the legal profession
at the national level, to speak on behalf of its constituent bodies on
national issues, and to promote the administration of justice, access
to justice and general improvement of the law.
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