Workplace deaths 

Reference received: 15 May 2008

Report

Report 122: Workplace deaths [PDF, 386Kb], July 2009

Terms of reference

The Occupational Health and Saftey Act 2000 (NSW) provides:

(1) The Law Reform Commission is to inquire into, and report on, the effectiveness of the provisions inserted into the Occupational Health and Safety Act 2000 and the Criminal Appeal Act 1912 by the Occupational Health and Safety Amendment (Workplace Deaths) Act 2005 (the relevant provisions).

(2) The Law Reform Commission in carrying out that inquiry, and making that report, is to have particular regard to:

(a) whether the relevant provisions are achieving their aims and objectives, and

(b) whether the relevant provisions are appropriate to achieve those aims and objectives, and

(c) the incidence and circumstances of workplace deaths in New South Wales since the enactment of the relevant provisions and whether the relevant provisions have contributed to a reduction in workplace deaths in New South Wales, and

(d) any deficiencies with the relevant provisions that have become apparent since their enactment, and

(e) provisions relating to workplace deaths in other Australian jurisdictions and their operation and effectiveness.

(3) The Law Reform Commission in carrying out that inquiry and making that report, is to:

(a) consult with unions, employees, employers and other interested stakeholders, and

(b) conduct public hearings.

(4) The inquiry and report is to be undertaken under and in accordance with the Law Reform Commission Act 1967.

(5) The inquiry is to commence before the expiration of the period of 3 years after the commencement of the relevant provisions.

(6) The Attorney General is required to table or cause to be tabled in Parliament the report, and a detailed written response of the Government, within 3 months after the report is made by the Law Reform Commission.

The relevant provisions commenced on 15 June 2005, the date of assent of the Occupational Health and Safety Amendment (Workplace Deaths) Act 2005 (NSW).