The Workplace Legislation Amendment Bill 2025 (no 3) (‘the Bill’) has passed Parliament and will come into effect on a date to be notified.
The Bill will amend several existing workplace laws, including the Long Service Leave (portable Schemes) Act 2009 (ACT), Workers Compensation Act 1951 (ACT) and the Work Health and Safety Act 2011 (ACT).
Significantly, the Bill amends the current definition of a serious injury or illness as contained in section 36 of the Work Health and Safety Act 2011 (ACT) (‘WHS Act’) and adds additional clarification of injuries or illnesses under this section.
A serious injury or illness under section 36 will, once the Bill comes into effect, be:
(a) an injury or illness that would ordinarily require the person to have immediate treatment as an in-patient of a hospital, whether or not treatment is available or sought;
The Bill also clarifies what is meant by a serious head injury or illness, being:
a serious head injury or illness, including any head injury or illness resulting from—
Additionally, an injury or illness will be considered serious if a person seeks treatment from a relevant registered health professional within 48 hours of the incident or exposure. A relevant registered health professional includes:
Although these changes may seem technical, it does widen the scope of what is meant by a serious illness or injury, and members should be aware what is included. If an illness or injury falls within the scope of the expanded definition, an employer must notify the relevant agencies and take the appropriate action under the WHS Act.
For information about these amendments, or your responsibilities under the WHS Act, please contact the Advisory team at Master Builders ACT at (02) 6175 5900 or workplace@mba.org.au.
