Occupational Safety and Health Convention, 1981 (No. 155) - Australia (Ratification: 2004)

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes the observations of the Australian Council of Trade Unions (ACTU), received on 2 September 2015.

Articles 1 and 3(a) of the Convention. Application of the Convention to all branches of economic activity. The Committee notes the information provided by the Government in response to its previous request that a review was undertaken of the occupational safety and health (OSH) regime in the maritime sector, involving consultation with maritime industry stakeholders. The review recommended repealing the Occupational Health and Safety (Maritime Industry) Act, 1993, and bringing the persons covered by that Act under the Work Health and Safety Act. The Committee requests the Government to continue providing information on the measures taken to ensure the application of the Convention to seafarers.

Articles 4 and 7. Periodic review and implementation of the national policy in consultation with the most representative organizations of employers and workers. Work Health and Safety Strategy 2012–22. The Committee notes the Government’s statement, in response to its previous request, that the progress on the Australian Work Health and Safety Strategy 2012–22 is measured through rough annual progress reports and case studies, and that Safe Work Australia publishes statistical reports that measure progress against the Strategy’s targets. The Government indicates that the Strategy will be reviewed in 2017. The Committee requests the Government to continue providing information on the implementation of the Australian Work Health and Safety Strategy 2012–22, in consultation with the most representative organizations of employers and workers, as well as the outcome of the review held in 2017.

Article 11(c) and the 2002 Protocol to Convention No. 155. Notification of occupational accidents and diseases. The Committee notes the information provided by the Government, in response to its previous request, concerning the notification of occupational accidents and diseases, and the measures that it is taking to improve information on occupational diseases to better reflect their incidence. The Committee requests the Government to provide detailed information in its next report on the application in law and practice of the 2002 Protocol to Convention No. 155.

Article 19(b). Cooperation. The Committee notes the information provided by the Government in reply to its previous request that South Australia now implements the model WHS laws. With reference to its previous comments, the Committee requests the Government to provide information on the measures taken in Victoria to ensure that representatives of workers in the undertaking cooperate with the employer in the field of OSH.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes the observations of the Australian Council of Trade Unions (ACTU), received on 2 September 2015.

Article 8 of the Convention. Model work health and safety (WHS) laws. The Committee notes the Government’s indication that Safe Work Australia conducted a review of the model WHS laws over the period 2014–15 to identify ways they could be improved, with particular focus on reducing the regulatory burden, and that a scheduled review will be undertaken in 2016–17. It also notes the observations of the ACTU that Safe Work Australia’s commitment “to reducing and eradicating unnecessary over-regulation” will result in a reduction of the workers’ protection laid down in the model WHS Act and Regulations. The ACTU states that there is no evidence of over-regulation impeding an employer’s ability to provide healthy and safe workplaces given the high level of diseases and injuries. It adds that several proposed changes will undermine access to appropriate training and reduce the capacity of workers’ representatives to inquire into aspects of occupational safety and health (OSH). Recalling that the aim of the national OSH policy, and of the legislation that gives effect to it, shall be to prevent accidents and injury to health arising out of, linked with or occurring in the course of work, by minimizing, so far as it reasonably practicable, the causes of hazards inherent in the working environment, the Committee requests the Government to provide information on the manner in which the most representative organizations of employers and workers are consulted in the review of the model WHS laws, and to provide information on the outcome of these consultations.

Article 9. Enforcement. The Committee notes the information provided by the Government, following its previous request, concerning penalties in relation to gross negligence or reckless endangerment causing the death or serious injury of a worker. The Committee also notes the observations of the ACTU that a significant improvement is required with respect to the enforcement of laws and regulations concerning OSH. The ACTU states that inspectors do not enforce existing provisions concerning the election and training of health and safety representatives and that the OSH aspects of psychological health are ignored. With respect to New South Wales, the ACTU indicates that in the period 2006–07 to 2013–14 infringement notices in the State dropped significantly from 726 to 69 and that the number of successful safety prosecutions dropped from 300 to 41 over the same period. The Committee requests the Government to provide information on the measures taken to ensure the enforcement of safety and health laws and regulations, and to provide information on the measures taken specifically in this respect in the State of New South Wales.

Articles 13 and 19(f). Protection of workers who have removed themselves from situations presenting imminent and serious danger. The Committee previously noted that, while the model WHS Act gives full effect to Articles 13 and 19(f) of the Convention, the Occupational Health and Safety Act, 2004 (Victoria), the Occupational Health, Safety and Welfare Act, 1986 (South Australia) and the Offshore Petroleum and Greenhouse Gas Storage (OPGGS) Act, 2006 do not. In this respect, the Committee notes the Government’s indication that under the OPGGS Act, workers are protected from dismissal or other prejudicial action by the employer if they have ceased or propose to cease to perform work in accordance with a direction by the health and safety representative. Moreover, with respect to the Occupational Health and Safety Act, 2004 (Victoria), and the Work Health and Safety Act (South Australia), the Government indicates that a health and safety representative can direct that unsafe work cease. With reference to paragraph 151 of its General Survey of 2009 on OSH, the Committee recalls that the protection of workers when they have removed themselves from situations they believe present an imminent and serious danger to their life or health, should not be conditional on the decision of a safety officer or representative. The Committee requests the Government to take the necessary measures to bring the Offshore Petroleum and Greenhouse Gas Storage Act, 2006, into conformity with the Convention in this respect, and to ensure that steps are taken in this regard with respect to the Occupational Health and Safety Act, 2004 (Victoria), and the Work Health and Safety Act (South Australia).

Article 21. Absence of expenditure for workers. The Committee previously requested the Government to provide information on the implementation of Article 21 in Victoria, Western Australia and South Australia. In this respect, it notes the Government’s indication that South Australia now implements the model WHS laws, which give effect to Article 21. However, with respect to Victoria and Western Australia, the Committee notes the Government’s indication that no further measures have been taken on this matter. The Committee requests the Government to take measures to ensure that in Victoria and Western Australia OSH measures shall not involve any expenditure for workers.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Further to its observation, the Committee would like to raise the following points.

The Committee notes the comprehensive and detailed information provided in the Government’s report, and in particular the responses provided by the Government demonstrating further effect given to Articles 12(c), 18 and 19(e) of the Convention. The Committee notes that the National Mine Safety Framework (NMSF) is focused on ensuring national consistency while avoiding overlap with the new Work Health and Safety (WHS) legislation, and is developing instructions that can be used for drafting legislative instruments, envisaged to come into force in 2013 for use in the three major mining States: Queensland, New South Wales and Western Australia. The Committee asks the Government to continue to provide information on legislative measures taken concerning the Convention.

Article 1 of the Convention. All branches of economic activity. The Committee notes that the Occupational Health and Safety (Maritime Industry) Act 1993 is currently being reviewed for, inter alia, harmonization with the new WHS Act (Commonwealth), and that the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (OPGGS Act) applies provisions of this Convention in relation to persons engaged in offshore petroleum activities, but not off-take tankers, tugs or anchor handles and supply tenders and pipe-lay barges. The Committee asks the Government to continue to provide information on the measures taken to give adequate protection to workers in all branches of economic activity.

Article 4. Periodical review of national policy. The Committee notes with interest that the Australian Work Health and Safety Strategy 2012–22 was finalized and agreed by Safe Work Australia members in June 2012, following public comment. The strategy sets out four outcomes and seven action areas to achieve the vision of healthy and productive working lives by 2022, including a reduced incidence of work-related death, injury and illness, achieved by reduced exposure to hazards and risks, using improved hazard controls, supported by an improved national work health and safety infrastructure. The Committee asks the Government to continue to provide information on the progress made in relation to the abovementioned outcomes of this strategy.

Article 9(2). Adequate penalties. The Committee notes the communication by the Australian Council of Trade Unions (ACTU), dated 31 August 2012, which calls for serious penalties to be made available for the most serious offences, and that in this respect, with the exception of the Australian Capital Territory, other Australian jurisdictions lack “industrial manslaughter” legislation under which gross negligence or reckless endangerment causing the death or serious injury of a worker may lead to a jail term. In this respect, the Committee notes the maximum penalties indicated by the Government under sections 31–33 of the model WHS Act. The Committee further notes the maximum penalties for industrial manslaughter in the Australian Capital Territory, under Part 2A of the Crimes Act 1990. With reference to the foregoing, the Committee asks the Government to provide further information on the provision of adequate penalties, and in particular, in relation to gross negligence or reckless endangerment causing the death or serious injury of a worker.

Article 11(c). Notification of occupational accidents and diseases. The Committee welcomes the ratification by Australia of the 2002 Protocol to this Convention. The ACTU believes there is considerable scope for the Government to adopt measures to improve its data collection and reporting measures on occupational accidents and diseases, including collecting adequate statistics on matters relating to disease and illness, including psychosocial illnesses. The Committee asks the Government to respond to the comments by the ACTU, and to include detailed information in its next report on the application, in law and in practice, of the 2002 Protocol.

Articles 13 and 19(f). Protection of workers removed from situations presenting imminent and serious danger. The Committee notes the information provided by the Government in relation to sections 84, 86 and 104–106 of the model WHS Act, which appear to give full effect to Articles 13 and 19(f) of the Convention. The Committee notes that section 76(2)(d) of the Occupational Health and Safety Act 2004 (Victoria), states that an employer is guilty of an indictable offence if they discriminate against a worker who has raised an issue about health or safety, and that section 74 allows the employer or the health and safety representative, after consultation between them, to direct that any work involving an immediate threat to the health or safety of any person, cease. The Committee recalls that Article 19(f) prohibits an employer from requiring workers to return to a work situation where there is a continuing imminent and serious danger. The Committee further notes that section 36(3) of the Occupational Health, Safety and Welfare Act, 1986 (South Australia), allows a health and safety representative to direct that work cease until adequate measures are taken to protect the health and safety of a worker. In addition, the Committee notes that section 44 of the OPGGS Act, 2006 (Commonwealth) allows a worker, through a health and safety representative, to cease to perform work that is believed to present an imminent threat to health or safety. On the basis of the information that the Government has provided, in relation to Victoria, South Australia and in offshore petroleum activities, it would appear that the decision regarding whether a worker should cease work rests solely with the employer or health and safety representative, and not the workers themselves. The Committee asks the Government to provide further information on the measures taken in Victoria and South Australia, and in relation to offshore petroleum activities, to give full effect to Articles 13 and 19(f) of the Convention.

Article 17. Two or more undertakings engaged in activities simultaneously at one workplace. The Committee notes the effect given to this provision of the Convention in the Commonwealth, New South Wales, Queensland, Tasmania, the Northern Territory and the Australian Capital Territory through section 46 of the model WHS Act, which imposes a duty to consult with other duty holders. The Committee asks the Government to provide further information on the measures taken in Victoria, Western Australia and South Australia to give full effect to this provision of the Convention.

Article 19. Arrangements at the level of the undertaking. The Committee notes the response provided by the Government concerning effect given to Article 19(b). The Committee notes however, that information has not been provided in relation to Victoria and South Australia. The Committee asks the Government to provide information on the measures taken, in Victoria and South Australia, to ensure that representatives of workers in the undertaking co-operate with the employer in the field of occupational safety and health. The ACTU believes that there is considerable scope for improvement with respect to the participation of workers, their representatives and their representative organizations in relation to occupational safety and health matters. In this respect, the ACTU advocates for improved health and safety representative rights; improved access to unions; approved training and an increase in the number of training days; regional and roving health and safety representatives; and improved protection against discrimination. The ACTU further indicates that 118,300 (or 18.5 per cent) of workers that experienced a workplace injury had not received any training in occupational health and safety risks. The Committee asks the Government to respond to the comments by the ACTU, in particular concerning the practical application of Article 19(d) of the Convention.

Article 21. Expenditure for workers. The Committee notes the effect given to this provision of the Convention by section 273 of the model WHS Act which prohibits a person conducting a business or undertaking to levy or charge a worker for anything done or provided in relation to work health and safety. The Committee notes however, that legislation on this matter is limited to the right of health and safety representatives to take time off with pay (Victoria and Western Australia); that the costs for personal protective equipment are not borne by workers (Western Australia); and the reimbursement of training expenses (South Australia). The Committee asks the Government to provide information on the measures taken to ensure that occupational safety and health measures shall not involve any expenditure for the workers in Victoria, Western Australia and South Australia.

Part V of the report form. Application in practice. The ACTU indicates that of the approximately 12 million people that worked at some time in the 12 months to July 2010, 640,700 (or 5.3 per cent) workers experienced a workplace injury. In addition, in 2009–10, 337 people died from work-related traumatic injury – 216 killed while at work, 79 while travelling to or from work and 42 as bystanders to someone else’s work. The Committee notes that the Work Health and Safety Strategy 2012–22 sets three targets to measure the progress towards achieving its vision, including a reduction of at least 20 per cent in the number of worker fatalities due to injury; a reduction of at least 30 per cent in the incidence rate of claims resulting in one or more weeks off work; and a reduction of at least 30 per cent in the incidence rate of claims for musculoskeletal disorders resulting in one or more weeks off work. The Committee also notes the information contained in the 13th Edition of the Safe Work Australia “Comparative Performance Monitoring Report” published in October 2011. The report indicates that the highest incidence rate was recorded in the transport and storage industry (23.9 serious claims per 1,000 employees) followed by the manufacturing industry (22.1) and the agriculture, forestry and fishing industry (21.6), while the construction industry recorded a rate of 18.0 claims per 1,000 employees. The Committee welcomes the programme of work currently under way in New South Wales to target the top ten high risk industries and five most frequent injuries and illnesses, in consultation with affected industries. The Committee asks the Government to continue to provide information and statistics on the application of the Convention in practice, in particular on the situation regarding occupational safety and health as a whole across the country, noting any trends or patterns that have emerged.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Legislation. The Committee notes that Safe Work Australia is the national policy body responsible for the development and evaluation of the model work health and safety (WHS) laws. The model WHS laws are the basis for harmonized laws across Australia, and must be passed by Parliament in each jurisdiction to become legally binding. The model WHS laws consist of the the Model WHS Act, supported by model WHS regulations, model Codes of Practice and a National Compliance and Enforcement Policy. The Committee notes that all jurisdictions have committed to adopting the model WHS legislation, with minor variations as necessary to ensure it is consistent with relevant drafting protocols and other laws and processes operating within the jurisdiction. The Government indicates that full text copies of all federal and some State legislation can be obtained at http://www.austrlii.edu.au. The Committee notes with satisfaction that on 1 January 2012, the model WHS laws commenced in the Commonwealth, New South Wales, Queensland, the Northern Territory and the Australian Capital Territory, and will commence in Tasmania on 1 January 2013. In addition, the Committee notes from publically available sources that the WHS Bill was passed by both houses of the South Australian Parliament on 1 November 2012, and will enter into force on 1 January 2013. The Government indicates that Western Australia and Victoria are yet to implement the model WHS framework. The Committee welcomes the commitment by the Council of Australian Governments to review the harmonized WHS laws by the end of 2014.

The Committee also notes the communication by the Australian Council of Trade Unions (ACTU) received on 31 August 2012, and transmitted to the Government on 14 September 2012. The ACTU alleges that the key barriers to the passage of the relevant legislation in Western Australia and Victoria is the fact that they improve rights for workers. The ACTU urges the relevant state governments to secure the passage of the model WHS legislation as soon as possible. The Committee hopes that the model WHS laws will be adopted by the remaining states as soon as is practicable.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the comprehensive and detailed information provided in the Government’s reports, and notes that the commonwealth, state and territorial legislation and regulations ensure legislative conformity with a majority of the provisions of the Convention. The Committee notes with interest the information indicating that under the Inter-Governmental Agreement for Regulatory and Operational Reform in Occupational Health and Safety, Australian state and territorial governments have agreed to harmonize legislation on occupational health and safety by 1 January 2012. The Committee asks the Government to continue to provide information on legislative measures taken concerning the Convention.

The Committee also notes the communication by the Australian Council of Trade Unions (ACTU) received on 25 October 2010 and transmitted to the Government on 2 November 2010. The Committee notes the comments by the ACTU that there is a need to ensure that the ongoing harmonization process does not result in the diminution of occupational health and safety protections and rights for workers and trade unions in Australia. The Committee asks the Government to respond to the comments by the ACTU.

Article 4 of the Convention. National policy to prevent accidents and injury to health. The Committee notes the information provided by the Government that through a partnership of governments, employers’ and workers’ organizations, SafeWork Australia provides a national forum for leadership and coordination of efforts to prevent work-related death, injury and disease, including the implementation and further development of the National Occupational Health and Safety (OHS) Strategy 2002–12. The Government indicates that the Strategy, which was endorsed by governments, the ACTU and the Australian Chamber of Commerce and Industry, provides a framework for ensuring that there is a sustained and substantial improvement in Australia’s work health and safety performance. The Committee asks the Government to continue to provide information on the formulation, implementation and periodical review of a coherent national policy on occupational safety, occupational health and the working environment which aims to prevent accidents and injury to health; and to indicate the same for each state and territory.

Article 12(c). Responsibilities on those who design, manufacture, import, provide or transfer machinery, equipment and substances for occupational use. The Committee notes the information provided by the Government, including the activities undertaken by SafeWork Australia to encourage continual improvement of occupational health and safety (Commonwealth); the duty on almost all duty‑holders (employers, manufacturers, designers, and suppliers) to be cognisant of, and familiar with, the existing “state of knowledge” about hazards and risks and ways of removing or mitigating them (Victoria); the wide dissemination of information through newsletters and safety alerts (Queensland); and the requirement to provide toxicological data and material safety data sheets for substances (Western Australia, South Australia, Tasmania, Northern Territory, Australian Capital Territory). The Committee asks the Government to provide further information on measures taken or envisaged with a view to ensuring that those who design, manufacture, import, provide or transfer machinery, equipment and substances for occupational use undertake studies and research or otherwise keep abreast of the scientific and technical knowledge necessary to comply with subparagraphs (a) and (b) of Article 12.

Article 13 and Article 19(f). Protection of workers removed from situations presenting imminent and serious danger. The Committee notes the information provided by the Government on the measures taken in relation to Articles 13 and 19(f), including the rights of workers, who have removed themselves from a work situation, to be protected from undue consequences (New South Wales, Queensland, Western Australia, Tasmania, Northern Territory, Australian Capital Territory). The Committee notes that in the Commonwealth and Victoria, such a right exists under statute only when a workers is directed to by a health and safety representative, or an employer, and that it is not specifically addressed in South Australia. The Committee further notes the provisions requiring a worker to report forthwith to their immediate supervisor any situation presenting an imminent and serious danger (New South Wales, Western Australia, Tasmania) and which prohibit an employer to require workers to return to a work situation where there is a continuing imminent and serious danger (Commonwealth, Victoria, Queensland, Western Australia, Tasmania, Northern Territory, Australian Capital Territory). The Committee notes the comments of the ACTU that this is an important right that should be codified in the Occupational Health and Safety Act 1991, as it is in the Model WHS Act. The Committee requests the Government to provide further information on the measures taken or envisaged to ensure that a worker who has removed themselves from a work situation is protected from undue consequences: Commonwealth, Victoria, South Australia (Article 13); and that a worker must report forthwith to their immediate supervisor any situation which they have a reasonable justification to believe presents an imminent and serious danger to their life or health: Commonwealth, Victoria, Queensland, South Australia, Northern Territory, Australian Capital Territory; and that until the employer has taken remedial action, the employer cannot require workers to return to the work situation where there is a continuing imminent and serious danger to life or health: New South Wales and South Australia (Article 19(f)).

Article 17. Two or more undertakings engaged in activities simultaneously at one workplace. The Committee notes the following information: section 10(2) of the Occupational Health and Safety Act requires that where there are two or more “employing authorities”, the duties imposed by the Act must be performed “jointly” (Commonwealth); clause 8 of the Occupational Health and Safety (OHS) Regulation 2001 requires responsibility with respect to a particular OHS matter to be discharged in a coordinated manner where more than one person holds such responsibility (New South Wales); section 28 of the Workplace Health and Safety Act states that a person (the relevant person) who conducts a business or undertaking has an obligation to ensure the workplace health and safety of the person, each of the person’s workers and any other persons is not affected by the conduct of the relevant person’s business or undertaking (Queensland); regulation 1.3.1(3) of the Occupational Health, Safety and Welfare Regulations defines consultation to include sharing of information with other employers when required (South Australia); and section 22 of the Work Safety Act states that a person who has, to any extent, control of a workplace, shall take all reasonably practicable steps to ensure that it is safe and without risk to health (Australian Capital Territory). Noting that the information above, and that the information provided with regard to the application of this Article in Victoria, Western Australia and the Northern Territory indicates that legislative or other provisions do not explicitly require collaboration whenever two or more undertakings engage in activities simultaneously at one workplace, the Committee requests the Government to provide further information on measures taken or envisaged to ensure that the provisions of Article 17 are fully applied in these States and territories.

Article 18. Employers to provide measures to deal with emergencies and accidents, including adequate first-aid arrangements. The Committee notes the following information: section 11(7)(c) of the Occupational Health and Safety (Maritime Industry) Act which requires operators, and section 16(5)(c) of the Occupational Health and Safety Act which requires employers, to provide appropriate medical and first aid services for employees (Commonwealth); sections 335, 349 and 350 of the Workplace Health and Safety Regulations, which provide obligations in relation to the provision of first-aid facilities in workplaces and the relevant sections under the Mining and Quarrying Safety and Health Regulations and the Petroleum and Gas Act, which provide for risk management when dealing with emergencies, including identification, planning and provision of adequate first-aid arrangements (Queensland); regulation 24 (emergency procedures and training) of the Workplace Health and Safety Regulations, which requires evacuation procedures in the event of an emergency and regulation 25, which requires appropriate rescue equipment, training and instruction in action to be taken in an emergency (Tasmania); and section 23 of the Work Safety Act, which states that an employer must take all reasonably practicable steps to provide appropriate medical and first-aid services for employees and Division 2.8.2 of the Dangerous Substances (General) Regulation 2004, which provides for the implementation of an emergency plan (Australian Capital Territory). The Committee asks the Government to provide further information on measures to ensure employers are required to provide, where necessary, measures to deal with emergencies and accidents: Commonwealth; Queensland (in non-mining and petroleum workplaces); Australian Capital Territory (outside of workplaces with dangerous substances), including adequate first-aid arrangements; Tasmania.

Article 19(b) and (e). Arrangements at the level of the undertaking. While noting the information provided by the Government in its report, the Committee notes that full effect does not appear to have been demonstrated with regard to Article 19(b) and (e) in respect to a number of states and territories. The Committee notes that while there are provisions requiring representatives of workers in the undertaking to cooperate with the employer, in accordance with Article 19(b), in the Commonwealth, New South Wales, Western Australia, Tasmania and the Northern Territory, this requirement is only provided for health and safety committees in Victoria and South Australia, and that no provisions specify this requirement in Queensland and the Australian Capital Territory. The Committee also notes the provisions giving effect to Article 19(e) in Western Australia but notes that while there are provisions to enable workers and their representatives to be consulted by the employer in the Commonwealth, New South Wales, South Australia, Tasmania, Northern Territory and the Australian Capital Territory, no information is provided on the specific provisions that allow workers and their representatives to inquire into all aspects of occupational safety and health and for this purpose to bring in technical advisers from outside the undertaking. The Committee also notes that there are no provisions on the requirements under Article 19(e) in Victoria and that they are only provided for representatives of workers in Queensland. The Committee therefore asks the Government to provide further information on the measures taken or envisaged to enable representatives of workers in the undertaking to cooperate with the employer in the field of occupational safety and health, in accordance with Article 19(b): Victoria, Queensland, South Australia, Australian Capital Territory; and that workers or their representatives are enabled to inquire into, and are consulted by the employer on, all aspects of occupational safety and health associated with their work, and that for this purpose technical advisers may, by mutual agreement, be brought in from outside the undertaking, in accordance with Article 19(e): Commonwealth, New South Wales, Victoria, Queensland, South Australia, Tasmania, Northern Territory, Australian Capital Territory.

Article 21. Expenditure for workers. The Committee notes the information provided by the Government which indicates explicit provisions in the Commonwealth, New South Wales and Australian Capital Territory legislation ensuring occupational safety and health measures do not involve any expenditure for workers. The Committee asks the Government to provide information on the legislative or other measures which ensure that occupational safety and health measures do not involve any expenditure for workers: Victoria, Queensland, Western Australia, South Australia, Tasmania and Northern Territory.

Part V of the report form. Application of the Convention in practice. The Committee notes the information provided by the Government on the application of the Convention in practice in Victoria, Queensland, South Australia, Northern Territory and the Australian Capital Territory. The Committee asks the Government to continue to provide information and statistics on the application of the Convention in practice, in particular on the situation regarding occupational safety and health as a whole across the country, noting any trends or patterns that have emerged.

[The Government is asked to reply in detail to the present comments in 2012.]

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the Government’s very comprehensive first report concerning the application of the Convention in the different jurisdictions in Australia. It also notes, however, that the main commonwealth legislation in the area of occupational safety and health – Australian Workplace Safety Standards Act 2005 (AWSS Act) – was repealed in its entirety by the Safe Work Australia (Consequential and Transitional Provisions) Act 2008 of 18 December 2008. Given the significance of this development and in order to enable it to assess the situation in the country, the Committee requests the Government to submit a renewed detailed report on the application of Convention No. 155 including information on relevant national legislation and, as appropriate, copies of documents concerning the national policy in this area. Against the background of the detailed information provided regarding the application of Convention No. 155 in the different territories and jurisdictions in Australia, the Committee would also request the Government to indicate whether and to what extent the repeal of the AWSS Act will affect the implementation of Convention No. 155 in these territories and jurisdictions. The Committee requests the Government to also include relevant information regarding the application of the Convention in Tasmania, which was not included in the Government’s first report.

[The Government is asked to report in detail in 2010.]