Victoria's Plan for Workplace Reforms for 2009

Accident Compensation Reform
The 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.

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 straightforward.

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.

Please let us know your feedback on the 2009 Statement of Government Intentions