NSW Higher Penalties and New Evidential Burdens for Work Health and Safety Breaches

Work Health and Safety Amendment Bill 2023

Legislative Assembly

Legislative Council

Assent

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Effects of this bill

If this bill passes, it means that:

The accused must provide evidence of a reasonable excuse to avoid liability
Fines increase to 1,214 penalty units (2026: $133,540) for business conductors or officers
Fines increase to 607 penalty units (2026: $66,770) for other individuals
Fines for breaking work health and safety entry permit conditions rise to 121 penalty units (2026: $13,310) for individuals; they rise to 607 penalty units (2026: $66,770) for companies
The regulator cannot issue a prohibition or prohibited asbestos notice if reasonable steps have been taken
Insurance contracts cannot cover a person's liability for monetary penalties; any such terms are void

The Debate

What different members said when this bill was debated:

Scott Farlow LIB

“I lead for the Opposition in debate on the Work Health and Safety Amendment Bill 2023 and state that the Coalition will support the bill. The Coalition left a robust regulatory framework for enhancing health and safety in New South Wales workplaces. The consistent downward trajectory in work deaths and injuries demonstrates that New South Wales is on the right path.”

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Jeremy Buckingham LCP

“I support the Work Health and Safety Amendment Bill 2023 and pay particular attention to the excellent provisions in the bill that relate to the creation of a register to track at-risk workers from silicosis. I commend the work of the new Minister, the Hon. Sophie Cotsis—a very competent and diligent Minister working in this area.”

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Sarah Kaine ALP

“I speak in support of the Work Health and Safety Amendment Bill 2023. I commend the Minister for Work Health and Safety for bringing the bill to the House. I note that the Minister has been in the gallery for much of the debate and recognise her long-term commitment to improving health and safety outcomes for workers. I thank the Minister for that.”

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Abigail Boyd GRN

“I contribute to debate on the Work Health and Safety Amendment Bill 2023 as the work health and safety spokesperson for The Greens. The Greens support the bill. The bill introduces a number of amendments to the Work Health and Safety Act 2011 [WHS Act] as well as the Work Health and Safety Regulation 2017.”

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Cameron Murphy ALP

“I speak in support of the Work Health and Safety Amendment Bill 2023. I commend Minister Cotsis for her great work generally, her longstanding commitment to workers’ rights and safety, and for the particular amendments proposed in the bill. It marks another great forward step in protecting one of the State’s most important assets: our workers.”

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Mark Buttigieg ALP

“As honourable members have heard, the Government is committed to ensuring that workers in New South Wales have healthy, safe and productive working lives. There is no priority more important for this Government than the safety of workers at work.”

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News articles and press releases

Work Health and Safety Amendment Bill 2023

Ms SOPHIE COTSIS, Minister for Industrial Relations — 2023-09-20

The bill seeks to amend the Work Health and Safety Act 2011 to implement some of the remaining outstanding recommendations of the 2018 review of the model work health and safety laws, the Boland review; to make miscellaneous amendments to address ambiguity, clarify intent and remove superseded or obsolete requirements; to set up the framework to allow the Government to deliver on one of its key election commitments in relation to silica, which is to establish a silica worker register in the future to monitor the health of workers exposed to silica dust; and to ensure that there are sufficient regulation-making powers under the Work Health and Safety Act.