Occupational Health and Safety Review - Background information

The Bracks Government’s 2002 election platform committed to an update of the Occupational Health and Safety Act 1985. The Government is seeking to ensure Victoria has the leading occupational health and safety legislation in Australia. The aim is to build on the progress of the last twenty years and to strengthen the legislative base.

Chris Maxwell QC was commissioned by the Victorian Government to review and update the OHS Act. His report was presented to Government in March 2004. The review found that while the current Act had served Victoria well and was basically sound, reforms were needed to make it work better and to meet the needs of workplaces today and into the future.

Maxwell Report (3,047 PDF)

The WorkCover Minister Rob Hulls announced the Bracks Government would consult widely on the recommendations of Chris Maxwell QC's independent review of Victoria's Occupational Health and Safety Act 1985.

Consultation

The Maxwell Report was the first review of occupational health and safety laws in two decades, and was discussed with employer and employee groups. The Parliamentary Secretary for WorkCover, Bob Stensholt, led this consultation process.

Consultations were held in metropolitan and rural Victoria with workers, employers, unions, peak groups and other stakeholders. Additionally, written submissions responding to the Maxwell report were received.

In developing his report Chris Maxwell QC also undertook an extensive consultation process with key stakeholders and interested parties. This included a large number of written submissions. For the discussion paper that preceded the Maxwell Report and access to public submissions, please visit www.worksafe.vic.gov.au

Background on the legislation review

• Too many Victorians continue to die, get injured or become ill as a result of their work. This year 29 Victorians have died as a result of a work-related accident (as at 13 December 2004). Our over-riding goal is to improve Victoria’s health and safety system and prevent work-related deaths, injuries, and illness and the associated high social and economic costs.
• Good safety is good for the community and good for business. Work-related deaths, injuries and illness tragically affect workers, their families, workplaces and the community.
• Since the introduction of the Occupational Health and Safety Act 1985, workplaces and working arrangements have changed dramatically. The legislation needed to be modernised to adapt to these changes.

What will the reforms do?

The reforms will make WorkSafe a more constructive, transparent, accountable and effective organisation able to provide employers and employees with the advice and assistance they need to make their workplaces safer and healthier.

The reforms will create safer, healthier workplaces by:

• Transforming WorkSafe into a more constructive, transparent, accountable and effective regulator
• Modernising the language and layout of the Act, making it easier to understand
• Providing greater clarity and certainty about the obligations of duty holders
• Fostering increased participation by employers, employees and their representatives in workplace health and safety issues
• Promoting fairness, consistency and transparency in the enforcement of the legislation, and
• Bringing penalties broadly into line with other jurisdictions.

The combination of a transformed WorkSafe and modernised, straightforward legislation will deliver long-term social and economic benefits for the community and for business.

Fact sheets

Overview (390 kb PDF)
Small and Medium Businesses (385 kb PDF)
Safer Workplaces (345 kb PDF)
Facts and Figures (362 kb PDF)
Transforming WorkSafe (362 kb PDF)

For further information visit www.worksafe.vic.gov.au or ring the information line on 1800 136 089.