The complexity and inconsistent operation of occupational health and safety legislation across the Australian jurisdictions is a key concern for business.
Having one set of requirements will not only improve efficiency for both businesses and regulators, but also promote a better understanding of the requirements of the system.
The Business Council of Australia endorses model OHS legislation where it ensures that:
- General duties of care are administered through the normal court system, consistent with the principles of due process (including an appropriate system of appeals).
- Appropriate and flexible qualifying concepts are included, such as the concepts of ‘reasonably practicable’ and ‘reasonable care’, to ensure that the system applies fairly.
- Prosecutorial due process is incorporated, including that prosecutions for alleged breaches under OHS laws can only be bought by the public authorities.
Download the BCA Submission to Safe Work Australia on the Exposure Draft Model Act for Occupational Health and Safety Discussion Paper, and its attachment, below.