Work Health and Safety and Other Legislation Amendment Act 2024 commencement of provisions
The following transitional arrangements are in the Work Health and Safety and Other Legislation Amendment Act 2024 (WHSOLA Act).
Topic | Transitional arrangements |
|---|---|
Prohibition on insurance arrangements | The application of new offences for entering, providing or benefiting from an insurance arrangement to cover monetary penalties is deferred to provide sufficient notice of new offences and allow industry time to review their insurance arrangements.
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Codes of Practice | From 20 May 2024, where a code of practice was approved after 23 October 2017 the new requirement to review the code applies. |
Industry Sector Standing Committees | From 20 May 2024, an ISSC is taken to be established under new schedule 2, section 14. This does not affect the validity of the existing ISSCs. |
Consultative Committee | From 20 May 2024, any reference to the Persons Affected by Work-related Fatalities and Serious Incidents Consultative Committee is taken to be a reference to the Consultative Committee for Work-related Fatalities and Serious Incidents. This does not affect the validity of the existing Committee. |
Issue resolution | A relevant union may not become party to a dispute under new section 80(1)(e) where prior to 20 May 2024 an issue about work health and safety in section 81(1) arose and has not been resolved or settled. |
Duty to consult workers | Former arrangements for a person conducting a business or undertaking (PCBU) consultation with workers under section 48 apply, where before 29 July 2024 the PCBU started to consult with workers, the parties had agreed to procedures for consultation and the consultation has not ended. |
Work group negotiations | A relevant union may not become a party to work group negotiations under sections 52(1)(c) and (4B) where before 29 July 2024 negotiations to determine a work group or vary a work group had already started and an agreement had not been reached. |
PCBUs giving health and safety representatives (HSRs) notices | A PCBU is only required to give an HSR one of the following notices where the following has occurred after 29 July 2024 -
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Establishing health and safety committees (HSC) | Former arrangements for establishing a HSC apply where a request was made to establish a HSC prior to 29 July 2024 and the former 2-month establishment period has not ended, and the HSC has not been established. |
Directions to cease unsafe work | Where a HSR has given a direction to cease unsafe work under section 85 prior to 29 July 2024, section 85 continues to apply in the same manner as before the WHSOLA Act. |
Compliance with provisional improvement notices (PINs) | Where a PIN was issued before 29 July 2024 and has not been cancelled, timeframes for compliance apply under section 92, 94 and 100 in the same manner as before the WHSOLA Act. |
Civil proceedings for discriminatory or coercive conduct | Where a civil proceeding for discriminatory or coercive conduct has started before 29 July 2024 and has not been decided, the Magistrates Court may continue to hear and decide the proceedings as before the WHSOLA Act. |
Costs of external reviews by the Queensland Industrial Relations Commission | New provisions for costs only apply for applications filed after 29 July 2024. |
Proceedings for work health and safety (WHS) civil penalty provisions | Where a WHS civil penalty proceeding has started before 29 July 2024 and has not been decided, the Magistrates Court may continue to hear and decide the proceedings as before the WHSOLA Act. |