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New Zealand to adopt Australian WHS Legislation

On Wednesday 7 August 2013, the Government announced a package of reforms that represent the most significant changes to our workplace health and safety system since the Health and Safety in Employment Act 1992 (HSEA) was introduced over 20 years ago .

The key changes include an overhaul of the law, additional funding for health and safety, and better coordination between government agencies. A new Bill is expected to be put to parliament in December 2013.

The reforms are the Government's response to the recommendations issued by the Independent Taskforce on Workplace Health. With the Royal Commission's report on the Pike River disaster as the catalyst, the Taskforce was set up in April 2012 to advise the Government on ways to achieve its goal – to reduce the rate of workplace fatalities and serious injuries by at least 25 per cent by 2020.

What changes are proposed?

Ø Replacement of the current HSEA with the Health and Safety at Work Act, based on current Australian law. The new Act and associated regulations are expected to be in place by the end of 2014.

Ø Development of a government-led strategy to reduce workplace harm.

Ø Targeting high risk areas through WorkSafe New Zealand, which will be operational from December 2013.

Ø Provision for stronger penalties and court powers, as well as more enforcement tools. The Minister of Justice is still considering corporate manslaughter and the corporate liability framework generally.

Ø Increasing the focus on occupational harm.

Duty of managers

Currently, individuals are liable for the failure of a body corporate if they directed, authorised, assented to, acquiesced in, or participated in, the failure.

The new law would extend this and create a positive due diligence duty for "officers" to proactively manage health and safety in the workplace. Increasing personal responsibility and liability is seen as the most effective way of improving New Zealand’s workplace health and safety.

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Case studies - WHS through the cases - Australia

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◦	New Zealand to adopt Australian WHS law
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