Why isn’t WA adopting the whole of the model WHS Bill?
It is expected that WA will be adopting all the other provisions in the model WHS Bill that create duties, impose responsibilities and provide the regulator with powers which are the provisions which effectively deliver safety at the workplaces. However, from the beginning of the process to develop the model WHS Bill, WA has highlighted 4 areas that it did not agree with and consequently would not be adopting as law in this state. All of these matters are not considered to be ones that deliver direct improvements in safety outcomes in workplaces – • Penalty levels • Union right of entry • Health and safety representatives’ capacity to direct the cessation of work • Reverse onus of proof in discrimination matters Penalty levels The penalty levels proposed under the model WHS Bill represented a significant increase compared to our current penalty levels. While WA supported an increase in penalties that would deliver an appropriate message concerning the importance of workplace safety and
