Work Health and Safety Amendment Act 2023

  • The Work Health and Safety Amendment Act 2023, recently passed by the NSW Parliament has enacted the following changes to NSW Work Health and Safety (WHS) laws.
  • Incorporating amendments made to the model WHS Act, such as:
    • Removing the ambiguity regarding a section 31 offence, clarifying that an officer can commit a Category 1 offence, the most serious WHS offence.
    • Enabling the WHS Regulator to ensure prohibited asbestos is removed permanently from workplaces. Prohibited asbestos means asbestos or ACM, fixed or installed in a workplace on or after 31 December 2001 (commence on 24 April 2024).
    • Providing clarity, ensuring a person is prohibited from taking out insurance for penalties imposed under the WHS Act.
    • Introduces imputation of conduct regarding the liability of bodies corporate for the conduct of officers and agents.
    • Increasing penalties, including a significant increase to the Category 1 offence (commence on 1 July 2024).
  • Enables the establishment of a silica worker register to monitor the health of workers exposed to crystalline silica dust, and
  • Miscellaneous amendments to address ambiguities, clarify intent and remove superseded or obsolete requirements, such as:
    • improving the process when SafeWork NSW is consulting on NSW codes of practice
    • enabling NSW Police to issue a penalty notice regarding compliance with food delivery rider requirements only
    • providing clarification to section 162 of the WHS Act; and
    • ensuring the Act contains sufficient regulation making powers.

All these provisions commenced on the date of assent, 24 October 2023, with the exception of those noted down as starting at later time.

A copy of the Bill can be found on the NSW Parliament website while the Act is available on the NSW Legislation website.

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