In Western Australia, enforceable undertakings are an available enforcement tool under the new Work Health and Safety Act 2020 and Mines Safety and Inspection Act 1994.
Furthermore, enforceable undertakings are not currently available for offences under WA’s petroleum health and safety laws, including the Petroleum (Submerged Lands) Act 1982.
Under Western Australia’s new Work Health and Safety Act 2020, the option to agree to an enforceable undertaking will become available in far broader circumstances and facilitate tailored and comprehensive health and safety benefits to the workplace, industry and the wider community.
The Model Work Health and Safety Act includes provisions for the making of an enforceable undertaking, called a WHS undertaking, and WA eventually adopted this regime as part of the Work Health and Safety Act 2020 (WA WHS Act).
By doing so, not only has WA brought itself in line with the other model law jurisdictions, but it has also expanded the availability of the regime, including to petroleum-related WHS offences.
Additional details, requirements and conditions about WHS undertakings are not contained in the WA WHS Act.
The regulator in each jurisdiction is required to publish guidelines in relation to the acceptance of WHS undertakings.
No guidelines have yet been published by WA’s Regulator, however you can read the other state guidelines by visiting the other state links from our enforceable undertakings page.