February 7th 2009
Government is currently developing a response to the Hanks Review into the
Accident Compensation Act 1985 and associated legislation.
The 2008 Statement of Government Intentions foreshadowed that the
introduction of this complex legislation into Parliament would take until
2009.
Main elements: Legislation will be introduced to implement the
Government’s response to the Hanks Report that will:
Enact changes to rewrite the Accident Compensation Act 1985 and the
Accident Compensation (WorkCover Insurance) Act 1993 through
one or more Bills; and remove anomalies and spent provisions from
existing legislation.
Responsible Minister: Finance, WorkCover and the TAC.
Source documents: Accident Compensation Act Review Report
http://www.compensationreview.vic.gov.au/
National Occupational Health & Safety Reform
Occupational Health and Safety (OH&S) is an area commonly identified
by business as having a significant regulatory burden. In acknowledging
the significant economic benefits to be derived from national harmonisation,
the Council of Australian Governments (COAG) has agreed to adopt national
consistency in OH&S laws through the implementation of model
legislation.Safe Work Australia is being established by the Commonwealth
Government and will develop an Exposure Draft of the proposed model
national OH&S law. This is expected to be released for public comment
by May 2009, following which the Workplace Relations Ministers’
Council will agree on the structure of this model law, later in 2009.
Safe Work Australia will develop model regulations and codes of practice
by early 2011. All jurisdictions have agreed to enact the law, implement
the model regulations and codes of practice, and complete all transitional
arrangements by December 2011.
The new legislation will replace the Occupational Health and Safety Act
2004.Victoria is also being consulted in the development of four regulatory
hotspots concerning safety as part of the COAG reform process:
National Mine Safety Framework
Upstream Petroleum (Oil and Gas) Regulation (which also covers resource management issues)
Rail Safety Regulation Reform
Maritime Safety Jurisdiction.
Responsible Minister: Finance, WorkCover and the TAC.
Industrial Relations Reform
The Victorian Government believes in a unitary industrial relations system
that has fairness at its core. The Commonwealth Government has introduced
its Fair Work Bill to replace WorkChoices and restore fairness to the
Commonwealth industrial framework.
Once this legislation is passed through the Senate, the Victorian Government
will work to amend its existing referral of industrial relations powers to the
Commonwealth to ensure that the improved unitary system will apply
comprehensively in Victoria.
The proposed Victorian Fair Work (Commonwealth Powers) Bill will mean
that, for the first time, Victorian businesses and workers will have access
to a fair national industrial relations system.
The Government is also determined to update and streamline existing
industrial laws in Victoria, including the operation of the Long Service
Leave Act 1992, to ensure that both employers and employees find it
easier to understand. This will assist Victorian businesses and employees
by making the Act more user-friendly and compliance more straight
forward.
Main elements:The proposed Fair Work (Commonwealth Powers)
Bill will:
Enable the provisions of the Commonwealth Fair Work Bill to apply to all
Victorian businesses within a unitary industrial relations framework; and
extend the operation of Federal workplace relations laws to employers
otherwise excluded.
Responsible Minister: Industrial Relations.
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