What legislation currently applies in Western Australia?
Our business operates in Western Australia. I note that Work Health and Safety (WHS) legislation has recently been passed in Western Australia, and will be implemented following completion of the regulations. Could you please confirm which legislation is now relevant for our business?
We confirm that as of April 2021, Western Australia is still operating under the Occupational Safety and Health 1984 Act (WA) (OHS Act). But you are right – the Western Australian Government is in the process of transitioning from the OHS Act to the Work Health and Safety Act 2020 (WHS Act). Once this transition is completed, Western Australia will join the harmonised WHS jurisdictions under the model WHS legislation. You will need to comply with the OHS Act until the WHS Act comes in force. The Western Australia Department of Mines, Industry Regulation and Safety (Department) confirmed the WHS Act will be in operation once the Work Health and Safety Regulations are finalised. The exact date is yet to be announced. The Department also confirmed that the WHS Act will contain transitional provisions, which will allow duty-holders to adapt their current safety practices to the new obligations under the WHS Act.