Safe Work Australia is consulting on improving dispute resolution under the model work health and safety (WHS) laws.

About the consultation

The 2018 Review of the model WHS laws and subsequent jurisdictional reviews in Queensland and South Australia identified limitations in the existing legislative framework for dealing with WHS disputes. To address limitations in the current approach to dispute resolution, Queensland introduced a dispute resolution pathway which allows parties to refer certain disputes to the Queensland Industrial Relations Commission. WHS ministers have asked Safe Work Australia to consult on the Queensland approach to inform consideration of its adoption in the model WHS laws.

The consultation paper outlines the key features of the Queensland approach and the different approaches implemented in South Australia and New South Wales, and seeks feedback on:

  • whether the specialist tribunal approach offers the best option for the final resolution of disputes under the model WHS laws

  • whether there are better alternative dispute resolution approaches

  • the practical implications of implementing the Queensland approach across jurisdictions, and

  • any other feedback you may have on improving dispute resolution provisions under the model WHS laws. 

Consultation process  

The consultation paper has been developed to seek feedback on the existing legislative framework for dispute resolution under the model WHS laws and potential options for improvement.

All stakeholders with an interest in dispute resolution under the model WHS laws are encouraged to participate in the consultation.  

Safe Work Australia will use the feedback received to prepare recommendations to WHS ministers in mid-2026. Any changes to the model WHS Act are subject to agreement by WHS Ministers.

Making a submission 

Submissions are sought by 11:59 pm (AEST) Friday 17 April 2026. Submissions can be made by completing the survey under the 'Have your say' section. 

Demographic data will be collected as part of this process through completing the submission form. 

You can decide how your submission is published on the Consultation Hub by choosing from the following options: 

  • submission published with your name, your organisation’s name, or a pseudonym 

  • submission published anonymously, or 

  • submission not published. 


Timeline

  • Opened
    open
    4 March 2026
  • Closes
    pending
    17 April 2026

Contact

Please reach out to whsframework@swa.gov.au if you have any questions about this consultation.

Documents

Discussion Paper - Dispute Resolution