South Australia Passes Landmark WHS Reforms

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South Australia has enacted significant changes to its Work Health and Safety (WHS) laws following recommendations from an independent review. The Work Health and Safety (Review Recommendations) Amendment Act 2024 introduces reforms aimed at enhancing compliance, strengthening stakeholder interactions, and improving dispute resolution processes.

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Key changes include:

1. Enhanced information-sharing capabilities, allowing SafeWork SA to provide families with more detailed insights into fatal incident investigations.
2. Expanded dispute resolution powers for the South Australian Employment Tribunal (SAET), prioritising alternative dispute resolution processes like conciliation and mediation.
3. Establishment of the SafeWork SA Advisory Committee as a permanent forum to strengthen relationships between the regulator and key stakeholders.
4. Prohibition of insurance contracts that indemnify employers against serious criminal penalties for workplace law breaches.

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Glenn Farrell, Executive Director of SafeWork SA, emphasised the significance of these reforms: "Our ability to share more information is a huge step forward and will allow us to provide families with a greater understanding of the circumstances of a fatal incident and to explain in more detail the actions we took during our investigations."

The amendments to SAET's dispute resolution powers are modelled after Queensland's successful 2017 WHS law changes, which have been operating effectively for nearly seven years. This approach aims to resolve workplace safety disputes at an early stage, potentially preventing serious injuries and fatalities.

SA Unions Secretary Dale Beasley welcomed the reforms, stating, "These WHS reforms are a huge step forward for every South Australian worker's safety and wellbeing. It puts us on the right track to become the safest place to work and do business in the country."

The new legislation follows an extensive 18-month consultation period involving industry associations, trade unions, and representatives of victims and their families. It implements 36 of the 39 recommendations made by the Independent Review of SafeWork SA, conducted by former WorkSafe Victoria executive director John Merritt in 2022.

These reforms represent a significant milestone in South Australia's commitment to workplace safety, aiming to create a fairer system for victims and their families while addressing safety issues proactively. For more information on these changes and their implementation, visit SafeWork SA's official website.

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Sources:

South Australia Passes Landmark WHS Reforms - NSCA Foundation: 27th Jan 2025