What was really achieved?

On May 20 the ministers responsible for health and safety met with Michaelia Cash and discussed a number of topics.

But what was really achieved?

Well firstly no consensus regarding industrial manslaughter. Seems to be a idealogical bridge too far for some juridstictions to cross.

Ministers unanimously agreed to introduce gross negligence or equivalent as a fault element in the Category 1 offence in the model WHS Act. Ministers unanimously agreed that conduct involving gross negligence should attract more severe penalties under the model WHS laws. Hopefully this will translate to states ammending their own WHS and OHS legislation accordingly.

Ministers considered the recommendations from the review of the model WHS laws undertaken by Marie Boland and agreedment was reached for action on all of the 34 recommendations. Now I will say me personally agree with most of the 34 recommendations in the Boland review of the Model WHS legislation. But I do have a bit of an issue with recommendation number 13. I won't go into (go read it) but I think the consequences of this have not fully been thought through.

Some general agreement that more has to be done with psychological injuries and protection from sexual harrassment at work but nothing specific was agreed to. Ministers also endorsed the National Principles to Support Families Following an Industrial Death and some more information for businesses in the gig economy.

Finally a commitment for another meeting later this year to gauge progress. I will let you gauge the success of the meeting, I am just trying to raise awareness of possible legislation changes in the future. The links to statement put out after the meeting is here as is a link to the Boland review of the Model WHS legislation.

https://www.attorneygeneral.gov.au/media/media-releases/whs-ministers-focus-regulatory-action-21-may-2021

https://www.safeworkaustralia.gov.au/doc/review-model-whs-laws-final-report