What began as a review into regulator best practice has branched into legislative reform on the run, with the Queensland government last week indicating that they intended to adopt the “interim recommendation” announced by reviewer Tim Lyons.

The review, announced in May, did not have a formal call for submissions, with industry being advised that the reviewer would consult directly with interested stakeholders.

The discussion paper identified terms of reference and highlighted three specific issues within the current framework:

• Should changes to the current dispute resolution processes under the Work Health and Safety Act 2011 (Qld) (WHS Act) be made including the ability to refer disputes about health and safety to the Queensland Industrial Relations Commission;
• Whether a new offence of “gross negligence causing death” should be introduced; and
• Whether existing penalties for work-related deaths and serious injuries should be increased.

A discussion paper was released, and a reference group was established, comprising of select employer groups and unions.

The discussion paper tends towards the adoption of some of the suggested changes, which will apply across businesses covered by the WHS Act, and potentially further, if offence provisions are adopted in the Queensland Criminal Code.

The reviewer’s report is due on 30 June 2017 and AREEA will continue to closely monitor developments.

AREEA is available for support with WHS issues. To discuss further, speak with an AREEA consultant.