Help Shape Stronger WHS Dispute Resolution Under Model Laws
04 Mar 2026•BlueSafe Team•Source: Safe Work Australia
Safe Work Australia is seeking feedback on proposed improvements to how work health and safety (WHS) disputes are resolved under the model WHS laws, including consideration of a specialist tribunal and alternative dispute resolution options.
Safe Work Australia is calling for submissions on potential reforms to dispute resolution processes under the model work health and safety (WHS) laws. The aim is to strengthen how WHS disagreements are resolved and to ensure issues are dealt with in a timely, fair and consistent manner.
Under the current legislative framework, some WHS disputes can remain unresolved, causing ongoing frustration and uncertainty for duty holders, workers and other parties. These challenges can also impact the effectiveness of WHS management systems, Safe Work Method Statements (SWMS) and organisational policies designed to control risk and support safe work practices.
The consultation paper outlines several options, including the establishment of a specialist WHS tribunal and the use of alternative dispute resolution approaches. These measures are intended to provide clearer pathways to resolve disagreements over WHS obligations, risk controls, and the implementation of WHS procedures.
Insights gathered through this process will inform Safe Work Australia’s recommendations to WHS ministers, helping to shape nationally consistent arrangements for resolving WHS disputes. Well-designed dispute resolution mechanisms can support better compliance outcomes and enhance confidence in existing WHS frameworks.
Submissions are encouraged from all interested stakeholders, including duty holders and PCBUs, WHS regulators, government agencies, unions, workers, health and safety representatives, legal professionals, researchers, and members of the public who may be affected by the proposed options.
Stakeholders may wish to consider how improved dispute resolution processes would interact with their current WHS management systems, SWMS and organisational policies and procedures. For organisations reviewing or updating their documentation in light of these proposals, resources such as WHS management systems and policies are available from specialist providers, including WHS management system templates and Safe Work Method Statement (SWMS) templates.
To participate, visit Safe Work Australia’s Consultation Hub to review the consultation paper and respond via the online survey or by uploading a written submission. The consultation is open until 11:59 pm (AEST) on 17 April 2026.