Compliance Policy
Policy Context
Compliance with legal obligations is expected of every duty holder in NSW.
WHSD commits significant resources to assist duty holders comply. For example, it monitors compliance through audits, enforces compliance with the use of notices and sanctions non compliance by cancelling authorisations.
The National Compliance and Enforcement Policy states that the aim of these activities is the achievement of sustainable compliance and the prevention of injury and illness.
However as every inspector knows, a business that is compliant with its legal obligations may still have incidents that harm and injure workers or expose them to risks to their health.
So whilst promoting, detecting and dealing with non-‐ compliance is an essential activity of WHSD, it is only one part of its overall strategy to prevent injury and illness to workers.
Policy Purpose To guide WHSD staff in the use of their compliance powers.
Policy Goals By applying this policy actions taken by staff will:
• Be seen as fair
• Be consistent across duty holders in similar circumstances
Regulatory Goals As a result of applying this policy:
• Duty holders will be more likely to self regulation
• Duty holders will stop unlawful conduct
• Duty holders will strive for future compliance
• Duty holders will be more aware of the law
• Duty holders will be deterred from future non compliance
Scope This policy applies to all WHSD inspectors
Legislation WHS Act Part 9
Policy Principles
• A graduated approach to achieving compliance is to be preferred-‐ the use of mild enforcement is to be considered before more severe tools
• An enforcement response is to be proportionate to the non compliance
• Multiple enforcement tools may be used for a single breach when their cumulative impact is to promote compliance
• Different enforcement tools may be used during a single interaction where multiple non compliances are found
• Actions that assist future compliance are to form part of an all interactions