We had been advised by WorkCover NSW that the NSW Bill to adopt the model Work Health and Safety Act would be introduced into the NSW Parliament by the end of October 2010.

The NSW Premier has now written to the Prime Minister seeking changes to the model Work Health and Safety Act. Unions NSW have long objected to two key provisions in the model Act which depart from current NSW OHS legislation; the reversal of the onus of proof and the removal of the union right to prosecute.

The need for union support in the forthcoming NSW elections is evident in the Premier’s request to the Prime Minister that the model Act be changed so that defendants will have to prove everything practicable was done to ensure safety, and to reinstate the right for unions to prosecute.

We will update you on developments in the NSW government’s attempt to change the model legislation, which it had previously endorsed.

For more information on the model Act see our hot topics.