Work

Mining Work Health, Safety Laws and Serious Industrial Crimes in Australia: Down the Shaft of Jurisdictional Inconsistency

Year: 2025

Type: article

Abstract: This article examines the level of inconsistency in work, health and safety (WHS) laws across Australia’s mining sector. Despite general efforts towards national harmonisation through model WHS legislation, significant inconsistencies persist because individual states and territories retain primary regulatory control. A critical analysis of each jurisdiction’s legislative framework reveals a fragmented legal landscape. Queensland, especially, exhibits notable divergence. Key findings highlight a considerable variation in legislative approaches to risk management principles and specific obligations. In particular, a disjointed and incremental approach to serious offences such as industrial manslaughter and provisions concerning imputed conduct are evident. These inconsistencies suggest that corporations operating in multiple Australian mining regions must develop a nuanced understanding of the varying WHS requirements in each jurisdiction. This study underscores the need for caution when assessing risk management strategies aimed at preventing serious incidents because the presumption of a harmonised system can be misleading, especially concerning mining-specific legislation.

Source: Laws

DOI: 10.3390/laws14040049

Authors: Trajce Cvetkovski, Neville Weston

Institution: Australian Catholic University

Language: English

Topic: Occupational Health and Safety in Workplaces

Subfield: Occupational Therapy

Field: Health Professions

Domain: Health Sciences

SDG: Peace, justice, and strong institutions

Open Access status: gold

Estimated APC paid: $1,689