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OHS&W (Penalties) Amendment Act to come into force 1 January 2008


Monday 17 December 2007

The Occupational Health, Safety and Welfare (Penalties) Amendment Act 2007 was proclained in the Gazette on 13/12/07 and will come into effect on 1/1/08. Ramifications of the amendments for employers are:

● The trebling of penalties will significantly elevate the commercial risks associated with OHS&W compliance failures for many businesses.

● To avoid personal liability, company officers must take a direct interest in their OHS&W responsibilities.

● The available defences for companies and company officers require a clear trail of considered measures taken to address workforce OHS&W risk.

The amendments are likely to come into force early in 2008. Minter Ellison has issued a news alert outlining the impact of the amendments. To view the advice click here. The Act as passed by both Houses of Parliament can be viewed here.