Bulletins

The Northern Territory, in conjunction with the Commonwealth and other state and territory governments are committed to improving the work health and safety of all Australian workers and enhancing productivity by harmonizing work health and safety legislation across Australia.

Model legislation has been developed and all states and territories are committed to enacting the new legislation by the end of 2011.

The model legislation has been called the Model Work Health and Safety (WHS) Act and was endorsed by the Workplace Relations Ministers’ Council on Friday 11 December 2009.

The Model Work Health and Safety (WHS) Regulations were endorsed in principle by the Workplace Relations Ministers’ Council on Tuesday 10 August 2011 and all Ministers have been advised to implement the Model Work Health and Safety Regulations by 1 January 2012.

Implementation in the Northern Territory

The Work Health and Safety (National Uniform Legislation) Bill 2011 (NT) was introduced into the Northern Territory Legislative Assembly on Thursday 27 October 2011 and was passed on Thursday 1 December 2011. The new laws will commence on 1 January 2012.

NT WorkSafe will continue to regulate work health and safety in the Northern Territory, as the model legislation will not create a national Work Health and Safety Regulator.

Bulletins have been developed to provide information on some key points under the Work Health and Safety (National Uniform Legislation) Bill 2011 (NT).

Links to other information on the model legislation can be found on the Resources page.    

Transitional Arrangements

Transitional arrangements have been put in place for the commencement of the Work Health and Safety (National Uniform Legislation) Act 2011 (WHS (NUL) Act) and Work Health and Safety (National Uniform Legislation)Regulations on 1 January 2012. 

The Transitional arrangements will help duty holders by providing a period of adjustment to enable them to gain an understanding of the WHS (NUL) Act, assess their current practice against changed or new requirements and make changes as necessary. 

The transitional arrangements identified in the document attached will require an existing duty holder to either continue compliance against a regulation in the repealed Workplace Health and Safety Act or Regulations (old WHS Laws) as if it was not repealed, or require compliance with that regulation by the end of the transitional period. A Person Conducting a Business or Undertaking (PCBU) should use that intervening period to assess whether current practice would meet compliance with the WHS (NUL) Act and make any changes as necessary. 

The Transitional arrangement does not prevent a PCBU from comply with the WHS (NUL) Regulation before the end of the transitional period.

Consistent with the principles underpinning the National Compliance and Enforcement Policy, NT WorkSafe will use information, guidance, education and advice to assist duty holders to achieve compliance in transitioning to new requirements contained in the work health and safety laws.

The key changes are:

• training and assessment are to be undertaken by a Registered Training Organisation (RTO) under the Australian Quality Framework (AQFT);
• licences are renewable every five years;
• licences are to be a photographic licence, with your name and date of birth; and
• licences will be required for the operation of order-picking forklift trucks and self-erecting tower cranes. (new classification)

The Standard aims to facilitate the operation of a nationally uniform , competency-based licensing system. This will provide portability between state and territories for persons performing certain types of high risk work.

There is a transitional period to convert your old licence to the new licence. For more information about this process, please contact Territory Business Centre on 1800 193 111 or Work Safe WA on 08 93278777..

The following is an update of the current position for each jurisdiction.
QLD – WHS laws come into force 01/01/2012
NSW – WHS laws come into force 01/01/2012
Commonwealth – WHS laws come into force 01/01/2012
ACT – WHS laws come into force 01/01/2012
NT – WHS laws come into force 01/01/2012
SA – WHS laws not yet passed through parliament
TAS – WHS laws come into force 01/01/2013
VIC – WHS laws come into force 01/01/2013
WA – WA Parliament is currently drafting their WHS Bill, their commencment is unknown.

For those of us that live in the Northern Territory, NT Worksafe have on their website a Transitional Arrangements Document that identifies the changes in the Regulations and also documents that there is a 12 month transitional period.

What this means, is that you need to make sure you are working towards to the new Regulations.

For more information on the NT Regulations, please log onto the NT Worksafe Website.

Three senior ABCC Inspectors will be dealing with Sham Contracting, how to qualify to tender for Australian Government funded work through National Code compliance and preparing you for the planned Finishing Trades audit.

If you use contractor-provided services or are involved in Concreting, Painting, Plastering or Tiling we strongly suggest you attend.

The seminar is on the 11th of October from 4pm – 6.30pm and it’s FREE. Prominent MBA Member Bobby Hayes has kindly agreed to supply finger food and refreshments for the afternoon.

If you are interested please call Master builders on 8922 9666 to book a spot.