Electrical Safety and Other Legislation Amendment Bill 2024
Plain English Summary
Overview
This bill updates Queensland's electrical safety and workplace health and safety laws based on recommendations from five major reviews. It brings new technologies like e-scooters and battery storage systems under electrical safety regulation, strengthens industrial manslaughter laws to cover deaths of bystanders, makes it easier to prosecute serious safety breaches, and gives worker safety representatives new powers to document hazards.
Who it affects
Electrical workers, businesses, worker safety representatives, Registered Training Organisations, and members of the public near workplaces are all affected. The bill expands protections for both workers and bystanders while increasing accountability for businesses and senior officers.
Electrical safety modernisation
Updates the Electrical Safety Act 2002 to cover extra low voltage technologies that pose electrical risks, such as e-scooters, e-bikes, electric skateboards and home battery storage systems. These products can now be subject to safety standards, incident reporting and ministerial recall powers.
- Extra low voltage equipment that poses electrical risk (e.g. e-scooters, e-bikes, battery systems) can be brought under electrical safety regulation
- The definition of 'electrical installation' is updated to clearly cover modern energy storage and generation systems
- Licensed electrical fitters can replace similar appliances without needing an electrical mechanic licence
- The Electrical Licensing Committee can impose licence conditions as disciplinary action instead of requiring suspension
Industrial manslaughter and serious offences
Expands the industrial manslaughter offence to cover deaths of any individual to whom a health and safety duty is owed, not just workers. Adds negligence as a fault element for Category 1 offences and introduces alternative verdicts so courts can convict of lesser offences when industrial manslaughter cannot be proven.
- Industrial manslaughter now covers deaths of bystanders and members of the public, not just workers
- Multiple parties in a contractual chain can be charged with industrial manslaughter
- Courts can convict of Category 1 or Category 2 offences as alternatives if industrial manslaughter is not proven
- Negligence is added as a fault element for Category 1 offences, in addition to recklessness
Worker representative powers
Health and safety representatives and union entry permit holders gain new powers to take photos, videos, measurements and conduct tests at workplaces to document hazards and suspected safety contraventions. Privacy safeguards prevent live streaming and limit who can be photographed.
- Health and safety representatives can take photos, videos, measurements and conduct tests to document workplace hazards
- Union entry permit holders can take photos, videos and measurements when investigating suspected safety contraventions
- Privacy safeguards prohibit live streaming and limit recording to relevant workers and situations
Inspector powers and prosecution reforms
Aligns electrical safety inspector powers with the WHS Act and formally transfers prosecution responsibility from the Electrical Safety Regulator to the WHS Prosecutor. Inspectors can now request documents and conduct interviews for 30 days after a site visit, including by audio or video link.
- Inspectors can request documents and answers to questions for 30 days after entering a workplace
- Interviews can be conducted by audio or video link, improving access for regional and remote workplaces
- The WHS Prosecutor takes over prosecution of electrical safety offences from the Electrical Safety Regulator
Training quality for high-risk work
Establishes a framework for the WHS Regulator to set minimum training standards for Registered Training Organisations delivering high-risk work licence training, following concerns about training quality after the Dreamworld and Eagle Farm tragedies.
- The WHS Regulator gains power to set minimum training standards for high-risk work licence training
- Registered Training Organisations delivering authorisation training can be regulated for quality by Queensland
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee22 May 2024View Hansard
Referred to Housing, Big Build and Manufacturing Committee
The Clean Economy Jobs, Resources and Transport Committee examined the bill over two months, receiving 14 submissions and holding a public hearing with seven stakeholder groups. The committee recommended the bill be passed, finding the amendments to electrical safety, workplace health and safety, and industrial manslaughter laws were broadly supported. LNP members filed a Statement of Reservation raising concerns about expanded inspector powers and the potential for union overreach, though they affirmed their support for workplace safety improvements.
Key findings (5)
- The bill implements recommendations from five separate reviews of Queensland's safety frameworks conducted between 2017 and 2024, covering electrical safety, workplace health and safety, and industrial manslaughter provisions.
- Stakeholders raised concerns about the interaction between the amended electrical equipment definitions and existing fire protection licensing under the QBCC framework, with the department giving assurances that regulatory impact assessments would prevent duplication.
- The expansion of industrial manslaughter provisions to cover bystander deaths was strongly supported by unions and the Consultative Committee for Work-Related Fatalities, but opposed by the Queensland Law Society, Housing Industry Association, and employer groups who argued it duplicated existing criminal law.
- The lowering of the Category 1 offence threshold from recklessness to include negligence was contentious, with the Local Government Association of Queensland viewing it as disproportionate, while the department argued it would improve prosecution outcomes for the most serious workplace safety breaches.
- The new powers for health and safety representatives and entry permit holders to take photos and videos were supported by unions but opposed by employer groups and the Queensland Law Society, who raised concerns about misuse and privacy.
Recommendations (1)
- The committee recommends the Electrical Safety and Other Legislation Amendment Bill 2024 be passed.
Committee report tabled
▸Second Reading22 Aug 2024View Hansard
▸12 members spoke6 support6 mixed
Supported both bills, acknowledging the excellence of Queensland's WorkCover system and the need for updated electrical safety regulation including for electric vehicles. Raised concerns about broadening HSR and EPH powers to take photos and videos, citing CFMEU intimidation on construction sites.
“In conclusion, this side of the House approves of the bill.”— 2024-08-22View Hansard
As Minister, introduced the bill implementing recommendations from reviews of the Electrical Safety Act, Work Health and Safety Act, and industrial manslaughter provisions, including expanding industrial manslaughter scope and empowering health and safety representatives.
“This bill reflects a fundamental commitment of the Miles government—the pursuit of the continuous improvement of our safety laws.”— 2024-08-21View Hansard
Stated the LNP will always support improvements to workplace health and safety, but raised significant concerns about the provisions allowing HSRs and EPHs to take photos and videos at workplaces, citing privacy risks and potential for misuse by unions like the CFMEU. Also cautioned against overcomplicating fire protection equipment testing regulations.
“This legislation will hand people more power. If it is not constrained, not regulated and not well managed some unintended consequences may arise that could actually endanger the workforce and jeopardise their privacy.”— 2024-08-22View Hansard
Strongly supported both bills, focusing on the importance of protections for firefighters and the role of unions in driving workplace safety reforms. Defended the provisions allowing photos and videos on worksites.
“Of course I will support these bills. Of course I will support workers right across Queensland.”— 2024-08-22View Hansard
Expressed concerns about lowering the threshold from recklessness to negligence for category 1 offences, expanding industrial manslaughter scope, and alternative verdicts. Strongly opposed provisions allowing health and safety reps and entry permit holders to take photos and videos on worksites, arguing it would enable CFMEU intimidation.
“We will not be supporting that particular provision with respect to taking photos or videos on construction sites. We feel that in the current climate with the CFMEU—despite the fact we are going to talk about the administration in a moment—it will actually create more unsafe workplaces because we know how the CFMEU operate.”— 2024-08-21View Hansard
Supported both bills as chair of the committee that reviewed the electrical safety bill. Defended the provisions for HSRs and EPHs to gather photographic evidence, arguing it is reasonable for investigating workplace contraventions.
“Let's face it, if there is a contravention of an act in a workplace, somebody who is going in to try to remedy the situation absolutely should be entitled to gather the appropriate evidence in order to prosecute.”— 2024-08-22View Hansard
As committee member, supported updated definitions for electrical equipment and installations but raised concerns about the lack of restrictions on how photos and videos taken by entry permit holders and health and safety reps could be used, citing risk of misuse especially given recent CFMEU activities.
“We fully support the taking of these photos and videos in relation to a safety incident; we want workers to return home safe. However, there need to be strict guidelines around the footage that is taken so it is not used inappropriately.”— 2024-08-21View Hansard
Acknowledged the bill contains important updates to safety laws but stated the LNP opposes clauses 46 and 47 relating to HSR and EPH powers to take photos and videos, citing concerns about privacy and potential exploitation by the CFMEU.
“Whilst this bill contains several important and necessary updates to Queensland's safety laws, it also includes provisions that raise concerns and, as previously mentioned, the LNP will oppose the clauses relating to HSRs and EPHs taking photos and videos on worksites because we believe they do more to empower unions like the CFMEU than to protect worker safety.”— 2024-08-22View Hansard
Supported both bills, emphasising the Miles government's strong history of putting worker safety first and highlighting the extension of workers' compensation to further cover firefighters.
“I am really pleased that the Miles government has a strong history of putting worker safety front and centre.”— 2024-08-22View Hansard
As committee member, supported improvements to electrical safety definitions but opposed provisions allowing health and safety reps and entry permit holders to take photos and videos, arguing the CFMEU could weaponise workplace health and safety. Also expressed concerns about expanding industrial manslaughter provisions.
“Given the history of the CFMEU's intimidation techniques, allowing filming could see the CFMEU weaponise workplace health and safety in order to increase its union power.”— 2024-08-21View Hansard
As minister, replied to the debate defending both bills. Highlighted Queensland's leading role in industrial manslaughter laws, the importance of presumptive cancer provisions for firefighters, and the practical value of photos and videos for workplace safety. Announced amendments to enable administration of the CFMEUQ Construction and General division.
“Every time we debate important safety legislation in this House it is interesting that the opposition finds new ways to try to weaken our laws rather than concentrate on improving things and on what actually works in the workplace.”— 2024-08-22View Hansard
Supported the bills largely but opposed provisions allowing photographs to be taken in contested industrial environments without deletion requirements, arguing the legislation enhances the power of unions aligned with Labor at the expense of independent unions and workers.
“The LNP would never be party to the expansion of nefarious powers such as being able to take photographs in contested industrial environments and not have to erase them.”— 2024-08-21View Hansard
Assent date: 23 August 2024
Referenced Entities
Legislation
Organisations
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Sectors Affected
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