A free flow of information to eliminate hazards and prevent potential workplace fatalities was an important aspect of Work Health and Safety Act 2011, Queensland Law Society Industrial Law Committee member Rohan Tate told a public hearing this week.
Rohan joined QLS Principal Policy Solicitor Kate Brodnik at the public hearing before the State Development, Infrastructure and Works Committee, which is examining the Electrical Safety and Other Legislation Amendment Bill 2025.
The QLS submission focused on the provisions in the Bill amending the Work Health and Safety and Other Legislation Amendment Act 2024 to omit section 52, which inserts new section 155A into the Work Health and Safety Act 2011.
The amendment to omit the provision removes an additional avenue for health and safety representatives and WHS entry permit holders to request information contained in improvement, prohibition and non-disturbance notices from the regulator (Workplace Health and Safety Queensland).
“Essentially our submission provides that while section 155A is flawed, there are good public policy arguments for it to be amended, rather than repealed,” Kate said.
“We believe it is premature to repeal the section altogether, before the impacts on the regulator, employers and worker safety are known. We submit the government should take this opportunity to consult and review how information is best produced and then amend accordingly.
“The provision of appropriately scoped information about a contravention of the Act or a serious risk to health and safety will assist in addressing these risks and is commensurate with the purposes of the Act, and including the role of the regulator, health and safety representative and the entry permit holder.”
Omission of this section will mean health and safety representatives and WHS entry permit holders will not be entitled to request particular information from the regulator.
Rohan said the purpose of the Act was to eliminate hazards in the workplace which at worst could lead to fatalities or injuries.
He said the free flow of information and access to information on a work site was “a good thing” as it would “better educate” employees and hazards could be addressed.
“We’ve got a lot of big construction coming up in Queensland and I think work sites are dangerous places,” Rohan said.
“I don’t know the figures but it’s something like a person dies a day on a construction site in Australia. I think that anything that would improve information flow would be helpful.”
The Member for Mulgrave Terry James raised whether on-site education was already happening with principal contractors, PCBU (person conducting business or undertakings) and superintendents regularly having meetings.
Rohan replied saying: “I think the issue is what if we don’t have a good employer? What if we don’t have a PCBU who is complying with their obligations?
“Let’s take an example where there has been a particular incident on site. You’ve had the inspector come out; they’ve issued a PIN; no one really knows about it; that’s not being communicated; they haven’t done their proper pre-start meeting; it’s not been disseminated, but someone has heard from someone else on another shift that it has happened.
“This would allow that person to go and find out that information and that’s where I think it is powerful. That is fact people don’t comply with the Workplace Health and Safety Act all the time.”
QLS suggested consideration be given to amending the provision to set parameters around the type of information that can be released, and in what circumstances.
The current section does not provide timeframes within which a request can be made, nor does it give guidance to the regulator about the scope of information which should be disclosed.
QLS would welcome further consultation in relation to amendment of section 155A to ensure it facilitates the provision of information sharing appropriately and addresses any gaps in the existing mechanisms in the WHS Act.
The committee is due to table its report on 19 December 2025.
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