OHS performance
Comcare is responsible for monitoring and evaluating licensee compliance with the OHS Act and related Regulations. To ensure that licensees meet the requirements of the legislation, Comcare conducts audits under the Licence Improvement Program of the systems and practices put in place by employers, assessments of an employer’s compliance with safety laws and reporting requirements, and, if required, investigations.
Investigations may be undertaken to check compliance with the OHS Act and Regulations or where an incident has been notified, particularly where this has involved a fatality, serious injury or complaints about unsafe conditions.
Comcare conducts two types of investigations:
- proactive – this type of investigation includes targeted and review investigations
- reactive – this type of investigation is instigated in response to an accident or dangerous occurrence.
Comcare has significant enforcement powers and will use them where necessary. The Australian Government amended the OHS Act in 2004 to provide for strong sanctions to deal with OHS breaches. The legislation now provides both civil and criminal enforcement mechanisms and pecuniary penalties.
Page last updated:May 13, 2008