The statute organises the transition from the former health and safety scheme to the new one by placing conceptually distinct kinds of continuity and cutoff rules into statutory form. The main legal concepts present in the text are savings, transitional windows, treated continuations, carry-over of instruments and persons, regulatory authorisation for further transitional measures, and repeal/rescission of the old instruments.

Savings and carve-outs

• "Savings" means that duties under the new Act do not immediately attach to certain pre-existing activity. Sections 4-8 operate as express savings for the new duties on designers (s 4), manufacturers (s 5), importers (s 6), suppliers (s 7) and designated persons who install, construct or commission plant or structures (s 8). Each provision states that the duties in the corresponding sections of the new Act do not apply to the relevant activity if the activity was commenced, or commenced and completed, before the commencement day. These are not blanket exemptions; the text specifies temporal limits and conditions.

Transitional windows and reversion to the new scheme

• The savings cease to apply if the pre-commencement activity remains incomplete beyond fixed periods. Designers and designated persons lose the savings if the design or installation/construction/commissioning has not been completed by the second anniversary of commencement (ss 4(3), 8(3)). Manufacturers, importers and suppliers lose the savings if the process associated with the activity is not completed by the first anniversary (ss 5(3), 6(3), 7(3)). Thus the Act differentiates by activity type and establishes reversion points at which the new statutory duties apply.

Carry-over of obligations and potential prosecution under the old Act

• Where a savings provision applies but the former Act's requirements would have been engaged (section 14 of the former Act is repeatedly referenced), the Act requires compliance with the former Act's relevant requirements and preserves the capacity to prosecute under that former section as if it remained in operation (for example ss 4(2)(c)-(d), 5(2)(c)-(d), 6(2)(c)-(d), 7(2)(c)-(d)). The effect is to keep enforcement under the old statutory text operative for those specific pre-commencement matters.

Event-triggered importation of new duties

• Several provisions import new Act requirements where post-commencement work occurs that would, under the new Act, trigger particular obligations. For example, if a designer, manufacturer, importer or supplier carries out calculations, testing or analysis on or after the commencement day connected with performance of a former Act duty, and the activity would be subject to specified subparagraphs of the new Act (sections 22, 23, 24, 25 of the new Act are referenced by subclauses), then the designer/manufacturer/importer/supplier must comply with those new Act requirements as if they applied (see ss 4(4), 5(4), 6(4), 7(4)). This concept makes certain post-commencement technical acts subject to the new standards even where the primary activity began earlier.

Continuity of persons and instruments

• The Act converts and continues various persons, appointments and instruments. Inspectors appointed under the former Act are taken to be appointed under the new Act for the remainder of their term and their identity cards are recognised (s 9). Employees' safety representatives elected under the former Act are taken to be health and safety representatives under the new Act for a fixed term (s 10). Health and safety committees established under the former Act are taken to be committees under the new Act, subject to composition adjustments (s 12). OHS access cards are taken to be WHS entry permits until expiry, permit expiry under the new Act, or revocation (s 13). Notices, appeals, enforceable undertakings and exemptions that pre-existed continue in specified ways (ss 15-20).

Regulatory authorisation for further transitional measures

• The Governor may make regulations of a savings and transitional nature to facilitate the transition and may authorise persons or bodies to determine matters (s 22). The power may be applied flexibly (s 22(3)) and can have retrospective effect only if it does not disadvantage persons other than the State (s 22(4)).

Consequential and housekeeping amendments

• Parts 4 to 19 of the Act state that the amendments effected have been incorporated into the authorised versions of numerous Acts and regulations. The Schedule provisions repeal the old primary Act and rescind listed regulations and proclamations (ss 112-114 and Schedules). Section 23 confirms that consequential amendments made by this Act do not prevent subsequent amendment of those instruments. Section 24 preserves the application of the Acts Interpretation Act 1931 s 16 in relation to repeal or amendment.

These concepts operate together to create an ordered transition path from the old WHS framework to the new one, with discrete timelines, partial continuations and express regulatory authority to tidy up residual matters.

The Act is targeted at a defined set of actors who were operating under the former legislative scheme at the moment the new Work Health and Safety Act commences, and at administrative bodies that regulate or administer the scheme. The text identifies categories of private and public actors and prescribes which provisions affect each group.

Primary private-sector actors affected

• Designers, manufacturers, importers, suppliers and "designated persons" (persons who conduct a business or undertaking that installs, constructs or commissions plant or a structure) are the principal categories whose duties under the new Act are subject to transitional rules (ss 4-8). The Act differentiates these groups by the duration of the transitional exemption (one year for manufacturers/importers/suppliers; two years for designers and designated persons who install, construct or commission), and by whether specific post-commencement acts (calculations, testing, analysis, examination or provision of information) will trigger application of certain new Act requirements (ss 4(4), 5(4), 6(4), 7(4)).

Workforce representation and worker-focused roles

• Persons who were employees' safety representatives under the former Act are taken to be health and safety representatives under the new Act and are given defined tenure and transitional entitlements (s 10). Workers who were members of existing work groups under the former Act are taken to be the work group for the carried-over representative (s 11). Health and safety committees established under the old Act are taken to be committees under the new Act, but their composition may need adjustment to comply with the new Act within 12 months (s 12).

Regulatory and administrative actors

• Inspectors appointed under the former Act are taken to be inspectors under the new Act for the remainder of their term and their identity cards are carried over (s 9). The regulator is given express powers to make decisions in relation to applications that were pending under the former Act (s 13(2)), to revoke certain notices issued under the former Act (s 16(2)), and to take on Director decisions under the Security-sensitive Dangerous Substances Act 2005 (s 21). The Governor is empowered to make transitional regulations (s 22).

Parties with existing permits, exemptions, notices or undertakings

• Holders of OHS access cards, enforceable undertakings given to the Secretary under s 55A of the former Act, exemptions under the former Act, and existing notices or appeals under specified sections of the former Act are all included. For example, OHS access cards are taken to be WHS entry permits until expiry or revocation (s 13). Exemptions in force immediately before commencement are taken to be exemptions under the new Act but will lapse at expiry or after one year (s 20). Notices under specified sections of the former Act continue in force until complied with, expired or revoked (s 16(1)).

Persons indirectly affected

• Persons who undertake calculations, analysis, testing or examination after commencement in relation to pre-commencement work are implicated by provisions that bring those specific acts within the new Act’s requirements if the new Act would have applied to them (see ss 4(4), 5(4), 6(4), 7(4)). Businesses engaged in contracting chains that involve plant, structure, substance supply, import or manufacture where the work straddles the commencement date are therefore affected by duties that change depending on the timing and kind of post-commencement activity.

Institutions affected

• The Department and Minister responsible for administration of this Act are identified until an Administrative Arrangements Order provides otherwise: administration is assigned to the Minister for Workplace Relations and the Department of Justice pending reassignment (s 25). Also, numerous other Acts and regulations are formally amended or updated in their authorised versions (Parts 4-19), thereby signalling administrative adjustments across the statute book.

In short, the Act focuses on those who had ongoing or recently started WHS-related activities at commencement and on the regulatory actors who will carry forward existing appointments, permits and instruments while the new scheme commences.

This Act is primarily transitional and savings-focused rather than a catalogue of fresh duties. Its operative provisions establish legal duties and rights only insofar as they preserve, convert or time-limit responsibilities and procedural entitlements arising from the old scheme, and introduce obligations to comply with either the old or the new Act depending on timing and activity. The key duties and rights in the text are therefore duties to comply with a prescribed regime (old or new) and rights to continuance or conversion of status and instruments.

Duties preserved from the former Act where savings apply

• Where a person commenced design, manufacture, importation or supply before the commencement day and the savings in ss 4-7 apply, the person is required to comply with the relevant requirements of section 14 of the former Act as if that Act were still in operation (for design, manufacture, import and supply respectively see ss 4(2)(c), 5(2)(c), 6(2)(c), 7(2)(c)). Those subsections also preserve the state's prosecutorial rights under the former Act where a person fails to comply (ss 4(2)(d), 5(2)(d), 6(2)(d), 7(2)(d)).

Obligations to switch to new duties by deadlines

• Persons benefiting from transitional savings are obliged to switch to compliance with the new Act if the work remains incomplete beyond statutory cut-off dates. Designers and designated persons must comply with section 22 of the new Act after two years if their designs or installations/commissions were not completed by that time (ss 4(3), 8(3)). Manufacturers, importers and suppliers are required to comply with the corresponding new Act duties after one year if their manufacturing/importing/supplying processes have not completed by the first anniversary (ss 5(3), 6(3), 7(3)). The duty is a statutory obligation to transition to those new-act duties.

Duties triggered by post-commencement technical work

• If calculations, testing, analysis or examination are carried out on or after the commencement day in connection with a duty under the former Act, and those acts would have been subject to specified subparagraphs of the corresponding duties in the new Act, then the person must comply with those specific new Act requirements as if they applied (ss 4(4), 5(4), 6(4), 7(4)). Functionally, this creates an obligation for parties who continue technical work after commencement to meet new-act technical standards even where the primary activity began earlier.

Rights of continuance and conversion

• The Act confers a series of rights of conversion and continuance. Inspectors hold their office under the new Act for the remainder of their term (s 9). Employees' safety representatives are taken to be health and safety representatives and hold office for three years from the date of election under the former Act unless disqualified under s 64(2) of the new Act (s 10(1)(a)-(b)). Health and safety committees established under the former Act are taken to be committees under the new Act (s 12(1)). OHS access cards become WHS entry permits until the earlier of the former expiry date, expiry under s 137 of the new Act or revocation under s 140(1)(c) of the new Act (s 13(1)). Exemptions existing before commencement are taken to be exemptions under the new Act until expiry or the end of one year (s 20).

Regulatory powers and duties

• The regulator may exercise certain decision-making powers on outstanding former-act applications (s 13(2)). The regulator may revoke certain notices issued under the former Act as if the Director had made them under the former Act (s 16(2)). The Governor may make regulations to effect and facilitate transition (s 22); regulations may preserve, continue, vary or revoke decisions or instruments under the old scheme and may authorise persons to determine matters (s 22(2)-(3)). Any regulation that takes effect earlier than its publication must not operate to the disadvantage of a person other than the State (s 22(4)).

Enforcement obligations

• The Act expressly continues the capacity to investigate pre-commencement conduct and to treat contraventions of the former Act as contraventions for the purposes of the new Act’s investigatory powers (s 14). It preserves enforceable undertakings given under the former Act and keeps appeals and reviews alive under the former Act’s provisions (ss 19, 17). Notices given under specified sections of the former Act continue in force until complied with, expired or revoked (s 16(1)).

Administrative duty

• Until an Administrative Arrangements Order is made, the Act is administered by the Minister for Workplace Relations and the Department of Justice (s 25), imposing a clear administrative responsibility pending formal reassignment.

In sum, the key duties are transitional compliance obligations linked to timing and to whether post-commencement technical acts occur. The rights are continuations or conversions of status, permits and appointments with specific expiry and modification rules.

The Act does not create its own novel penalty scale for new substantive offences. Instead, it preserves existing enforcement routes and creates statutory conduits allowing inspectors, prosecutors and regulators to continue or commence investigatory or enforcement action in relation to pre-commencement conduct under either the former Act or by treating former-act contraventions as within the scope of powers under the new Act. The text thus arranges enforcement continuity and preserves prosecutorial rights in transitional contexts.

Preservation of prosecutions under the former Act

• Where the savings in ss 4-7 apply, the statute requires compliance with the relevant requirements of section 14 of the former Act and explicitly states that if the person fails to comply, the person may be prosecuted under the former Act as if it had not been repealed (e.g. s 4(2)(d); similarly ss 5(2)(d), 6(2)(d), 7(2)(d)). The effect is that enforcement action for pre-commencement design, manufacture, import or supply can proceed under the old Act for those matters preserved by the savings.

Investigatory powers and scope post-commencement

• Section 14 allows inspectors to perform or exercise functions or powers under the new Act on or after the commencement day for the purposes of investigations or legal proceedings in respect of acts or omissions which occurred before the commencement day and which may have been offences under the former Act (s 14(1)(a)). It also authorises the use of new Act powers for "any other matter under the former Act or former regulations that continues to have force or effect" (s 14(1)(b)). For the purposes of those investigations or proceedings, references in the new Act to contraventions and offences are to be taken to include contraventions and offences under the former Act (s 14(2)(a)-(b)). Practically, this bridges investigatory and enforcement powers from the new regulator to pre-commencement conduct.

Continuation of notices and their enforcement

• Notices given or served under specific sections of the former Act that are in force immediately before commencement continue in force and the provisions of the former Act continue to apply in relation to that notice as if the former Act had not been repealed until the notice is complied with, expired or revoked (s 16(1)). The regulator may revoke such a notice after commencement as if he or she were the Director and the sections had not been repealed (s 16(2)). The continued legal force of the notices maintains the regulatory capacity to compel compliance and to proceed to enforcement actions if notices are not complied with.

Enforceable undertakings

• Undertakings given to the Secretary under section 55A of the former Act that were still in effect immediately before commencement continue in force until fulfilled, withdrawn or expired, and section 55A applies to them as if the former Act had not been repealed (s 19). This preserves the regulatory mechanism of enforceable undertakings and any enforcement consequences of breach under the former Act framework.

Appeals and reviews

• Appeals and reviews relating to decisions made under the former Act can be lodged or continued under section 41 of that Act after commencement as if the former Act had not been repealed (s 17). This preserves judicial or administrative review remedies for persons affected by pre-commencement decisions.

Inspector continuity and identity cards

• Persons appointed as inspectors under the former Act are taken to have been appointed under section 156 of the new Act in respect of the remainder of their term and their identity cards are taken to have been issued under section 157 of the new Act (s 9). This preserves powers of inspection and enforcement without a gap in appointment status.

Regulatory and legislative constraints on transitional regulations

• The Governor's power to make savings and transitional regulations is subject to a constraint that any regulation taking effect before publication cannot operate to the disadvantage of a person other than the State (s 22(4)). That limitation constrains the creation of retrospective regulatory obligations that would impose penalties or liabilities on private persons.

What is not in the Act

• The text does not provide fresh penalty tables for offences that are unique to the transition Act itself. Instead, enforcement is effected by maintaining the operation of the former Act (where preserved) and by empowering inspectors and the regulator under the new Act to investigate and deal with pre-commencement conduct (s 14). For post-commencement acts that fall within new Act obligations, the enforcement mechanisms of the new Act will apply in due course.

Overall, enforcement under the transition Act relies on continuity: pre-commencement obligations and enforcement routes are preserved and new Act investigatory powers may be used to pursue earlier contraventions. The Act also preserves procedural protections such as the right to appeals for decisions made under the former Act (s 17).

The Act is expressly designed to operate in close interaction with a set of specific prior Acts and regulations, and to authorise further transitional regulation across other statutory instruments. Its interactions fall into a few categories: preserving pre-existing instruments, converting old instruments and roles into the new regime, amending other Acts' authorised versions, repealing or rescinding prior legislation, and providing an enabling power to make further transitional regulations. The Act also signals how it fits with general rules on interpretation.

Preservation and conversion of old instruments and roles

• The Act treats a range of existing instruments and appointments under the former scheme as if they were made or issued under the new Act. Examples: inspectors appointed under the former Act are taken to be appointed under s 156 of the new Act and their identity cards are deemed issued under s 157 of the new Act (s 9). Employees' safety representatives are taken to be health and safety representatives under Part 5 of the new Act and hold office for a prescribed period (s 10). Health and safety committees established under the former Act are taken to be health and safety committees for the purposes of the new Act (s 12(1)). OHS access cards are taken to be WHS entry permits under the new Act until specified events occur (s 13).

Explicit preservation of prior enforcement and procedural mechanisms

• Notices given under specified sections of the former Act remain in force and are governed by the former Act until compliance, expiry or revocation (s 16(1)). Appeals and reviews relating to decisions under the former Act can be continued under the former Act as if it had not been repealed (s 17). Enforceable undertakings under s 55A of the former Act continue to have force and are governed by that section as before (s 19). These provisions create a legal bridge for existing regulatory actions.

Interplay with specific other Acts

• The Act preserves decisions, determinations, directions, appointments or delegations made by the Director under the Security-sensitive Dangerous Substances Act 2005 and takes them to be made by the regulator under that provision (s 21). This is an explicit cross-Act continuity for a separate statutory safety regime.

Amendments incorporated into authorised versions of other Acts and regulations

• Parts 4-19 repeatedly declare that the amendments effected by those Parts have been incorporated into the authorised version of a named Act or regulation (for example, the Approvals (Deadlines) Act 1993, the Building and Construction Industry Security of Payment Act 2009, the Dangerous Goods Act instruments, Electricity Supply Industry Act 1995, Fire Service Act 1979 and many more). While the text does not reproduce the substantive amendments in those Parts, it records that consequential amendments have been placed into authorised versions of those instruments. This is primarily an administrative linking mechanism.

Repeal, rescission and revocation

• The Act repeals the Workplace Health and Safety Act 1995 (Schedule 1) (s 112). It rescinds a set of Workplace Health and Safety Regulations and amendments listed in Schedule 2 (s 113). It revokes two proclamations listed in Schedule 3 (s 114). These repeals, rescissions and revocations are the principal ways the Act removes prior instruments from force and clears the statutory path for the new scheme.

Enabling power for further transitional regulation

• Section 22 authorises the Governor to make regulations of a savings and transitional nature consequential on enactment of the new Act to effect and facilitate transition from the old to the new legislative scheme. Regulations may provide for preservation, continuation, variation or revocation of prior decisions or notices and may deal with incidental and ancillary matters (s 22(1)-(2)). They may take effect on specified days and apply differently according to time, circumstance or other limits, and may authorise persons to determine matters (s 22(3)). The non-disadvantage rule in s 22(4) constrains retrospective regulations to avoid imposing disadvantage on private persons.

Interpretive relationship with the Acts Interpretation Act 1931

• Section 24 expressly states that nothing in this Act restricts the application of section 16 of the Acts Interpretation Act 1931 to an Act or regulation that is repealed, rescinded or amended by this Act. Section 16 of the Acts Interpretation Act deals with savings and transitional provisions on repeal. By so stating, the Act signals that standard interpretive mechanisms for handling repeal and transitional consequences remain available.

Administrative assignment pending reorganisation

• Until an Administrative Arrangements Order is made, the administration of the Act is assigned to the Minister for Workplace Relations and the Department of Justice (s 25). This situates responsibility for the interaction of the Act with other laws and instruments in a named administrative structure pending any reassignment.

Taken together, these provisions show a close and specific interaction with the former WHS statutory framework and with a broader set of occupational health and safety and related statutes. The Act both repeals and preserves bits of the old architecture and creates a regulatory authorising power to tidy up remaining consequential matters.

The text of the Act itself documents numerous consequential amendments and the legislative housekeeping arising from enactment of the Work Health and Safety Act 2012. The Act makes clear which instruments are amended, repealed, rescinded or revoked, and records incorporation of consequential amendments into the authorised versions of other Acts and subordinate instruments.

Primary repeal and rescission

• The Act repeals the Workplace Health and Safety Act 1995, as listed in Schedule 1 and enacted by section 112. Schedule 2, enacted by section 113, rescinds the Workplace Health and Safety Regulations 1998 and a series of subsequent amending regulations (including amendment regulations in 2003, 2004, 2006, 2007 and 2011). Schedule 3, enacted by section 114, revokes specified proclamations made under earlier amendments.

Incorporation into authorised versions

• Parts 4 through 19 each state that the amendments effected by that Part have been incorporated into the authorised version of a named Act or regulation. For example:
  • Parts 4 and 5 state the changes have been incorporated into the authorised version of the Approvals (Deadlines) Act 1993 and the Building and Construction Industry Security of Payment Act 2009 respectively (Parts 4-5).
  • Parts 6-13 list amendments incorporated into the Dangerous Goods (Road and Rail Transport) Act 2010, Electricity Supply Industry Act 1995, Fire Service Act 1979, Gas (Safety) Regulations 2002 and Gas Act 2000, and the Gas Pipelines Act 2000, and so on.
  • Parts 14-19 continue this list across petroleum, public interest disclosures, rail safety and security-sensitive dangerous substances legislation.

This repeated language indicates the Act functions as a vehicle for making coordinated textual amendments across the statute book, with the authorised versions of affected Acts and regulations updated to reflect the transition to the new model.

Statutory dates and commencement

• The Act’s commencement is tied to the commencement of the Work Health and Safety Act 2012 (s 2). The definition of "commencement day" in s 3 anchors timelines for transitional periods (for example the one-year and two-year reversion points discussed in ss 4-8). The Act also prescribes limited term continuations for certain roles and instruments (for example employees' safety representatives are to hold office for three years from the date of election under the former Act (s 10(1)(b))); committees must be brought into compliance with new composition requirements within 12 months (s 12(2)).

Regulatory power to tidy up and constrain on retroactivity

• Section 22 empowers the Governor to make regulations to effect and facilitate the transition. Subsection 22(4) includes a legal limitation that any regulation that takes effect before its publication must not operate to the disadvantage of a person other than the State. This constraint is part of the Act’s amendment architecture to limit retrospective regulatory imposts on private parties.

Non-exhaustive nature of consequential amendments

• Section 23 explicitly states that the amendment by this Act of a provision of any regulations or notice does not prevent that or any other provision from being amended or rescinded subsequently. That clause preserves the capacity for future amendment and indicates the Act’s changes are not final or exclusive.

Administrative and interpretive confirmation

• Section 24 confirms the continued application of the Acts Interpretation Act 1931 s 16 to the repeals and amendments effected by the Act. Section 25 assigns administration of the Act pending an Administrative Arrangements Order.

In sum, the Act embodies the immediate amendment architecture required when a new WHS Act replaces an older one: repeal of the old Act and its regulations, incorporation of consequential changes into authorised versions of diverse statutes, and statutory rules to manage existing processes, appointments and instruments during transition.

The statute text provided contains no references to court decisions, judgments or litigation history. It does not cite any judicial authority, nor does it record cases concerning the meaning or operation of the transitional provisions. The Act preserves rights of appeal and review under the former Act (s 17), but does not itself include or summarise any litigation that has arisen under it.

What the text does record that bears on potential litigation

• Continuation of appeals and reviews under the former Act is explicitly provided for in section 17: an appeal or review relating to a decision made under the former Act may be lodged or continued under section 41 of that Act after the commencement day, as if the former Act had not been repealed. This preserves existing avenues for judicial or administrative resolution of disputes arising under the former scheme.

• Preservation of investigatory and enforcement powers for pre-commencement conduct (s 14) creates an explicit statutory basis for the regulator to investigate, and for prosecutions or other legal proceedings to proceed, in respect of acts or omissions that occurred before commencement and which might constitute offences under the former Act. That continuity is framed as a statutory permission for enforcement that could give rise to litigation, but the Act itself does not report any resolved or pending cases.

• The Act continues enforceable undertakings given under the former Act (s 19). Enforcement or disputes around breach of those undertakings could generate litigation or administrative review, but none are detailed in the text.

• Where savings preserve compliance obligations and prosecutions under the former Act (for example ss 4(2)(c)-(d), 5(2)(c)-(d), 6(2)(c)-(d), 7(2)(c)-(d)), those preserved obligations are explicitly linked to existing former-act provisions. Litigation that interprets these transitional carry-overs would therefore need to address the interaction between old and new provisions, the meaning of "commenced" or "completed" work, and the effect of post-commencement acts such as testing or analysis.

• The Governor’s power to make transitional regulations (s 22) may give rise to litigation about the validity or effect of particular regulations, including the application of the non-disadvantage rule in s 22(4) where regulations take retrospective effect. Again, no litigated examples appear in the statute text.

Because the source document is the statute text only, it does not provide a litigation record. If you require current case law or authority construing these transitional provisions, that would require searching judicial databases or administrative tribunal decisions outside the statutory text.

This provisionally simple transition statute contains several practical pitfalls and timing traps that practitioners, compliance officers and businesses must monitor closely. The "gotchas" below are grounded in the statutory text and focus on deadlines, scope questions and actions taken after the commencement day that can change which regime applies.

1. Different transitional cut-off periods by actor and by activity

• Designers and "designated persons" who install, construct or commission are treated differently from manufacturers, importers and suppliers. Designers and designated persons have a two-year window before the savings cease (ss 4(3), 8(3)). Manufacturers, importers and suppliers have only a one-year window (ss 5(3), 6(3), 7(3)). Misclassifying the activity or failing to track these separate deadlines can cause unexpected application of the new Act’s duties.

2. Post-commencement technical acts can pull activities into the new regime

• Even if the primary activity commenced before the commencement day, carrying out calculations, analysis, testing or examination on or after the commencement day may trigger specific requirements of the new Act (ss 4(4), 5(4), 6(4), 7(4)). That means a party that ostensibly benefits from a savings provision can be required to comply with parts of the new Act simply because a post-commencement technical procedure occurs. Failure to recognise this will expose businesses to compliance obligations they thought were avoided.

3. The former Act’s section 14 may remain the operative standard for pre-commencement work

• Where savings apply, persons must comply with the relevant requirements of section 14 of the former Act "as if the former Act were still in operation" (ss 4(2)(c), 5(2)(c), 6(2)(c), 7(2)(c)). Not all practitioners will have immediate familiarity with former section 14 requirements. Compliance strategies must therefore include review of the former Act’s text to identify preserved obligations.

4. Time-limited preservation of exemptions and permits

• Exemptions that existed immediately before commencement are taken to be exemptions under the new Act, but only until expiry or the end of one year (s 20). OHS access cards are converted into WHS entry permits but may expire under the old expiry, under s 137 of the new Act, or be revoked under s 140(1)(c) of the new Act (s 13(1)). Practitioners must track expiry dates under both the old and new legislative frameworks and be ready to apply for fresh permits or exemptions where required.

5. Electoral processes partly carried forward, but with short completion windows

• Elections to appoint an employees' safety representative started under the former regulations may continue after commencement under the former procedures, but only subject to the condition that the election be completed within three months after commencement day, otherwise the process must be discontinued and restarted under the new Act (s 10(2)-(3)). A failed assumption that an ongoing election can simply continue indefinitely will be incorrect.

6. Limited temporary derogations from new Act provisions for carried-over representatives

• Sections 10(4) and 10(5) create exceptions that delay the application of specific new Act provisions to carried-over employees' safety representatives for a 12-month period. Practitioners must know which specific new Act sections are being deferred and for whom, and not assume full parity immediately.

7. Health and safety committees must be reconstituted to meet new requirements

• Committees established under the former Act are taken to be committees under the new Act, but any inconsistency with section 76 of the new Act must be cured within 12 months of commencement; failure to do so allows the person conducting the business or workers to ask the regulator to have an inspector decide appropriate composition (s 12(2)-(3)). Left unaddressed, composition non-compliance invites regulatory intervention.

8. Regulatory delegation and further transitional regulations may create variability

• Section 22 allows regulations that apply differently according to time, circumstance or other limitations, and to authorise specified persons or bodies to determine matters (s 22(3)). That flexibility creates a risk that different determinations may apply to different classes of affected people. Practitioners must monitor subordinate instruments made under s 22 for bespoke obligations.

9. Non-disadvantage constraint has narrow scope

• Section 22(4) prohibits regulations taking effect earlier than publication from operating to the disadvantage of a person other than the State. That constraint protects private persons from retrospective disadvantage, but it does not preclude retroactive effect that advantages private persons or that affects the State. Read the subsection carefully before assuming broad protection.

10. Continuation of enforcement under the former Act can surprise organisations

• The statute explicitly preserves the capacity to prosecute under the former Act for pre-commencement failures to comply where savings apply (e.g. s 4(2)(d)). Organisations that assume repeal of the former Act extinguishes liability for pre-commencement conduct will be mistaken.

11. Administrative responsibility during transition

• Administration of the Act is assigned to the Minister for Workplace Relations and the Department of Justice until an Administrative Arrangements Order provides otherwise (s 25). Agencies and stakeholders must therefore know which administrative body to approach during the initial transition period.

12. Broad list of consequential amendments not spelled out in the text

• Parts 4-19 repeatedly state that amendments have been incorporated into the authorised versions of a range of Acts and regulations. Practitioners must check those authorised versions for the precise textual amendments rather than rely on this statute alone.

Each of these points is present in the statutory text. The practical consequence is that a compliance audit around commencement day must be granular about timing, the sequence of acts, and whether any post-commencement technical steps or elections will alter which statutory framework applies.

Compliance under this transitional statute involves a mixture of retrospective compliance with the former WHS regime where preserved, immediate conversion of existing status into corresponding new-act status, and forward planning to ensure that work or roles that outlast statutory transitional windows are aligned with the new Act’s duties. The following is an operational checklist drawn from the Act’s provisions.

1. Establish the commencement day and anchor timelines

• The Act commences on the same day as the Work Health and Safety Act 2012 (s 2). All transitional timelines (1 year, 2 years, 3 months, 12 months and other statutory cut-offs) run from that commencement day. Identify that date and calendar the relevant anniversaries and deadline points.

2. Inventory pre-commencement projects and classify them by activity

• For each project or process that commenced before commencement day, determine whether it is design, manufacture, import, supply, installation, construction, commissioning or a mix. Sections 4-8 apply differently by category: designers and designated persons (install/construct/commission) have a two-year completion deadline (ss 4(3), 8(3)), manufacturers/importers/suppliers have a one-year deadline (ss 5(3), 6(3), 7(3)). Create a register listing start dates, projected completion dates and whether the project will complete inside the statutory window.

3. Review any calculations, testing, analysis or examinations undertaken after commencement

• If technical work of the kinds listed (calculations, analysis, testing or examination) will be or has been carried out on or after the commencement day in connection with a duty under the former Act, identify whether that act would, under the new Act, be subject to the specified subparagraphs of the new Act (e.g. s 22(4)(b) or (5) for designers; comparable provisions for manufacturers, importers, suppliers). If so, those specific new Act requirements must be complied with (see ss 4(4), 5(4), 6(4), 7(4)). Practically, this means technical standards, testing protocols and documentation may need immediate updating to meet the new Act.

4. For projects that will not be completed within transitional windows, prepare to comply with the new Act

• Where projects will pass the one-year or two-year cut-off, transition compliance plans to the new Act’s duties. For designers, ensure compliance with section 22 of the new Act from the point the savings cease (s 4(3)); for manufacturers, importers and suppliers ensure compliance with sections 23-25 of the new Act as relevant (ss 5(3), 6(3), 7(3)); for designated persons who install, construct or commission ensure compliance with section 26 where applicable (s 8(3)).

5. Review pre-commencement obligations under the former Act

• Where a savings provision preserves applicability of section 14 of the former Act (for pre-commencement matters), determine what the relevant obligations were under that former section and ensure compliance; the Act preserves the ability to prosecute for failure to comply (e.g. s 4(2)(c)-(d)). Obtain and review the former Act text for those provisions.

6. Convert or verify status of personnel, representatives and committees

• Inspectors appointed under the former Act are treated as inspectors under the new Act for the remainder of their term and identity cards are deemed issued under the new Act (s 9). Employees' safety representatives elected under the former Act are taken to be health and safety representatives and hold office for three years from their election date (s 10(1)); elections already commenced under the former regulations may continue but must be completed within three months after commencement or be re-run under the new Act (s 10(2)-(3)). Health and safety committees established under the former Act are to be brought into compliance with the new Act’s section 76 within 12 months (s 12(2)). Where committee membership is not changed within 12 months, the person conducting the business or the workers may ask the regulator to have an inspector decide composition (s 12(3)).

7. Manage permits, access cards, exemptions and notices

• Convert OHS access cards into WHS entry permits and check expiry, since the converted permit continues only until the earlier of the OHS card expiry date, permit expiry under s 137 of the new Act, or permit revocation under s 140(1)(c) of the new Act (s 13(1)-(2)(c)). Where an application for an OHS access card was pending before commencement, the regulator may decide the application under the former Act’s decision procedure with the requirements of the new Act for issue of a WHS permit taken to be satisfied (s 13(2)). Exemptions existing immediately before commencement are taken to be exemptions under the new Act until expiry or after one year (s 20). Notices given under ss 14A, 38, 39 or 40 of the former Act remain in force until complied with, expired or revoked (s 16(1)); the regulator may revoke them (s 16(2)). Maintain a docket of all such instruments with expiry and review dates.

8. Record and preserve enforceable undertakings and appeals

• Enforceable undertakings given under s 55A of the former Act continue in force until fulfilled, withdrawn or expired (s 19). Appeals and reviews related to decisions made under the former Act can be continued under s 41 of that Act after commencement (s 17). Identify any outstanding undertakings and appeals and manage them to completion or withdrawal.

9. Monitor and review regulations made under s 22

• The Governor is empowered to make transitional regulations to preserve, vary or revoke decisions or notices and to deal with incidental matters (s 22(1)-(2)). Such regulations may apply differently by circumstances and may be made to take effect on different days (s 22(3)). Monitor Government publications and the Gazette for regulations made under s 22 and review them for any delegated determinations that authorise other bodies to set conditions affecting your operations. Note the non-disadvantage constraint in s 22(4) for retroactivity protections.

10. Update compliance systems and training

• Where post-commencement actions will be subject to the new Act, update risk assessments, procedures, testing protocols, supplier contracts, documentation standards and personnel training to match the new Act’s requirements. Where the old Act’s section 14 still applies to particular pre-commencement activities, ensure compliance documentation meets those requirements too.

11. Contact the regulator where appropriate

• Certain matters, such as revocation of former notices, decisions on pending OHS access card applications, or asking for an inspector to decide committee composition (s 12(3)), require regulator engagement. Identify the regulator contact points and lodge applications or requests as necessary.

12. Ensure administrative and record-keeping continuity

• Keep contemporaneous records demonstrating when work commenced, what steps were completed before commencement day, and any post-commencement technical acts. These records will be critical in demonstrating whether a savings provision applies or whether new-act obligations must be met. Also retain copies of any enforceable undertakings, notices, OHS access cards, and committee election materials.

By following this checklist, businesses and advisers can convert a high-level statutory transition into targeted actions tied to explicit sections of the transition Act. The core compliance challenge is timing and the sequencing of technical or administrative steps across the commencement boundary.