A National Occupational Health And Safety Regime: How Close Are We?
Traditionally, there has been a notable lack of uniformity between the States and Territories in relation to occupational health and safety laws and workers’ compensation in Australia, particularly in respect of sanctions and enforcement. Recent case law and legislative developments indicate the tide is turning on the capacity of the Commonwealth to control these areas, historically regulated by the states and territories. WorkChoices decision On 14 November 2006, the High Court handed down its decision in NSW v Commonwealth [2006] HCA 52 which upheld the constitutionality of the Workplace Relations Amendment (Work Choices) Act 2005 (Cth). The amending Act created a federal industrial relations scheme covering the majority of employers in Australia under the…
