Transitional arrangements at 14 March 2007

The transitional arrangements summarised below apply to organisations which were in the Commonwealth jurisdiction prior to 14 March 2007.

Health and safety management arrangements (HSMAs)

Organisations have until 14 Sept 2008 to develop HSMAs. An employer will not be in breach of the Act if they have not developed HSMAs prior to 14 Sept 2008. However, note that Health and Safety Committees (HSCs) must be re-established by 14 Sept 2007; those aspects of HSMAs which cover the establishment and operation of HSCs will need to be developed before 14 Sept 2007. 

An OHS policy which was developed under the previous provisions of the Act, and which applied to an organisation’s employees immediately before 14 March 2007, can continue to apply after 14 March 2007 until HSMAs have been developed. The OHS policy will then cease to have effect, unless the HSMAs provide for that policy to continue to apply.

An existing OHS agreement between an employer and an involved union that was made under the previous subsection 16(3) of the Act, will continue in force after 14 March 2007, as long as the OHS policy it was made under still applies.

Designated work groups (DWGs)

A DWG in existence prior to the commencement of the amendments will continue to operate as if it had been established under the new arrangements.

Where consultations to establish or vary DWGs are underway, but are not completed before the commencement date, those consultations may continue. However, the DWG must be established or varied within 3 months of the commencement date.

Health and safety representatives (HSRs)

HSRs holding office immediately before 14 March 2007 remain in office after 14 March 2007, but they will be subject to the Act as it is in force after the amendments.

If an election for a HSR had commenced but had not been finalised immediately before 14 March 2007, the election can be completed under the previous arrangements. However the process must be completed within 3 months of commencement.

Undetermined applications for disqualification of a HSR made prior to 14 March 2007may be determined under the previous arrangements.

Health and safety committees (HSCs)

HSCs in existence immediately before 14 March 2007 can continue to operate until replaced by HSCs established under the new provisions. Replacement HSCs must be established by 14 Sept 2007.

Page last updated:November 14, 2007