Safe Design Legislation and Harmonisation

 

Legislation and Regulation

As a designer, are you fully aware of the work health and safety legislation and regulations in the State or Territory that you practice?

In 2009, Safe Work Australia (SWA), was established to improve work health and safety and workers’ compensation arrangements across Australia. Following a national review into relevant laws across the country, in addition to extensive public consultation, SWA created a model work health and safety (WHS) Act and WHS Regulation endorsed by the Workplace Relations Ministers’ Council (WRMC). The harmonisation of WHS legislation in Australia was proposed to:

• reduce regulator burdens,
• protect the health and safety of workers and workplaces,
• reduce the compliance costs for business, and
• improve efficiency of regulators.

All states and territories agreed to harmonise their work health and safety laws so each jurisdiction would be similar, however individual state and territory regulators are responsible for adopting and enforcing their own laws. And, designers have a responsibility to ensure they’re meeting the relevant requirements in their individual state or territory.

Understanding the Legislation Framework

The following framework shows how the elements under WHS legislation correlate:

 

• The Act outlines duties in relation to workplace health and safety including those of designers.
• Regulations and Mandatory Standards detail the mandatory requirements and provide additional information about how designers can fulfill their duties. Other legislative provisions include the National Construction Code of Australia (NCC) including the Building Code of Australia (BCA) and the building laws in each jurisdiction (state or territory).
• Codes of Practice (COP) and Non-Mandatory Standards provide guidance on how to implement the legislation. Compliance is mandated unless the same or better is achieved.
• Standards include Australian and technical standards – some are referred to in legislation (law).
• Guidance Material include industry-specific safety standards and guidance material produced by the regulators and industry.

 

WHS Legislation and Regulation by State or Territory

The legislation and corresponding regulations in each state and territory in Australia vary slightly. It’s important that designers are familiar with their duties in the state or territory in which they practice. The following table has an overview, with relevant links to help.

State or Territory	Legislation	Regulator and Harmonisation Date
Australian Capital Territory	Work Health and Safety Act 2011 (ACT); and Work Health and Safety Regulation 2011 (ACT). Consider safety during: Construction Purpose for which it is designed (Workplaces only) Maintenance, repair, cleaning Demolition Includes commercial and residential buildings.	WorkSafe ACT Commenced 1 January 2012
New South Wales	Work Health and Safety Act 2011 (NSW); and Work Health and Safety Regulation 2017 (NSW). Consider safety during: Construction Purpose for which it is designed (Workplaces only) Maintenance, repair, cleaning Demolition Includes commercial and residential buildings.	WorkCover NSW and SafeWork NSW Commenced 1 January 2012
Northern Territory	Work Health and Safety (National Uniform Legislation) Act 2011 (NT); and Work Health and Safety (National Uniform Legislation) Regulations 2011 (NT). Consider safety during: Construction Purpose for which it is designed (Workplaces only) Maintenance, repair, cleaning Demolition Includes commercial and residential buildings.	NT WorkSafe Commenced 1 January 2012
Queensland	Work Health and Safety Act 2011 (Qld); and Work Health and Safety Regulation 2011 (Qld). Consider safety during: Construction Purpose for which it is designed (Workplaces only) Maintenance, repair, cleaning Demolition Includes commercial and residential buildings.	Workplace Health and Safety Queensland / WorkCover Qld Commenced 1 January 2012
South Australia	Work Health and Safety Act 2012 (SA); and Work Health and Safety Regulations 2012 (SA). Consider safety during: Construction Purpose for which it is designed (Workplaces only) Maintenance, repair, cleaning Demolition Includes commercial and residential buildings.	SafeWork SA Commenced 1 January 2013
Tasmania	Work Health and Safety Act 2012 (Tas); and Work Health and Safety Regulations 2012 (Tas) Consider safety during: Construction Purpose for which it is designed (Workplaces only) Maintenance, repair, cleaning Demolition Includes commercial and residential buildings.	WorkSafe Tasmania Commenced 1 January 2013
Victoria	Occupational Health and Safety Act 2004 (Vic); and Occupational Health and Safety Regulations 2017 (Vic). Consider safety during: Purpose for which it is designed (Workplaces only) Maintenance, repair, cleaning Excludes: Construction and Demolition stages Residential dwellings (apart from workplaces)	WorkSafe Victoria Commencement of National legislation – currently deferred
Western Australia	Occupational Safety and Health Act 1984 (WA); and Occupational Safety and Health Regulations 1996 (WA). Consider safety during: Construction Purpose for which it is designed (Workplaces only) Maintenance, repair, cleaning Excludes: Demolition at end of life Residential dwellings (apart from workplaces)	WorkSafe WA Commencement of National legislation – currently deferred
Commonwealth	Work Health and Safety Act 2011 (Cth); and Work Health and Safety Regulations 2011 (Cth). Consider safety during: Construction Purpose for which it is designed (Workplaces only) Maintenance, repair, cleaning Demolition Includes commercial and residential buildings.	Australian Government Comcare Commenced January 2012

 

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Want to find out more about your Safe Design obligations and how to navigate these in relation to your specific design project? Get in touch! You can also download our FREE EBOOK.

We’ve also developed a great training resource specifically for building designers, architects, engineers, and other building design professionals. Check out our flexible and convenient ‘Safe Design Online Short Course’, designed to assist you understand and practice safe design principles. It’s endorsed by the Safety Institute of Australia (SIA)’s Professional Development.

Need more info, contact us.