Login
Imprisonment, million-dollar fines for WHS breaches introduced in WA
New and harsher penalties have been introduced in Western Australia for breaches of workplace health and safety laws, further codifying the need for legal workplaces to ensure healthy, sustainable environments for employees.
Jerome Doraisamy
The new penalties, effective from October, are consistent with the national model Work Health and Safety Act (Model Act), with a further 14 per cent increase for inflation since 2010.
Speaking to Lawyers Weekly, Law Society of WA president and Clayton Utz senior associate Hayley Cormann said that historically the west has had lower penalties for these breaches than its state and territory counterparts, and the intention behind harmonisation of these laws and increasing penalties is “to help ensure better protection of the health and safety of workers and workplaces across the country”.
“These changes are not necessarily significant only in the context of thinking about the challenges and conditions for lawyers in their workplaces, but rather for the many other sectors and industries across the country and are fundamentally important; it is timely this reform has now been achieved,” she explained.
Work in law firms can be highly stressful, challenging and relentless, Ms Cormann mused, and all firms – both in WA and across the country – must continue to work on building better, more engaging and flexible workplaces.
“It is incumbent on all of our firms and employers to continue to embrace, acknowledge and identify the challenges our employees face, and assist them gain a healthy balance between their work commitments and their personal lives,” she said.
When asked what will have to change, Ms Cormann responded that with the significant and increased penalties coming into effect only last month, the profession is yet to see how employers respond and whether there are any significant changes in practice needed and occurring.
“Law firms specifically have already embraced, and for some time, appropriate policies and procedures to better look after our employees, as well as a range of valuable resources to assist them achieve good health and wellbeing in their jobs,” she said.
“Many are also working on shifting cultural values and attitudes around expectations of our staff and those of our clients, to create a more sustainable, healthy workplace and culture.”
Commenting on the changes, WA Premier Mark McGowan said, “I’m pleased the new laws have come into effect – the significant increases reflect the seriousness of ensuring the safety of Western Australian workers.”
Jerome Doraisamy
Jerome Doraisamy is the editor of Lawyers Weekly and HR Leader. He has worked at Momentum Media as a journalist on Lawyers Weekly since February 2018, and has served as editor since March 2022. In June 2024, he also assumed the editorship of HR Leader. Jerome is also the author of The Wellness Doctrines book series, an admitted solicitor in NSW, and a board director of the Minds Count Foundation.
You can email Jerome at:
