Parliament passes national heavy vehicle safety reforms while vowing to restructure resources safety regulator
Queensland has enacted two significant workplace safety bills, including legislation establishing a safety management system framework for Australia’s heavy vehicle sector. The developments coincide with the State Government’s commitment to reform its resources safety regulator following criticism of its prosecution-focused approach.
New safety management requirements for heavy vehicle operators
The Heavy Vehicle National Law Amendment Bill 2025 introduces a regime requiring employers seeking accreditation under the National Heavy Vehicle Accreditation Scheme to establish safety management systems. These systems must identify public risks related to transport activities and heavy vehicle operation, evaluate the severity of identified risks, and detail controls to manage and reduce those risks.
As the host jurisdiction for the Heavy Vehicle National Law, Queensland’s legislation will extend to all Australian states except the Northern Territory and Western Australia, while also covering heavy vehicles entering HVNL-covered jurisdictions from those territories.
The legislation broadens existing chain-of-responsibility obligations beyond fatigue management. Previously, these parties were prohibited from requesting or directing truck drivers to act in ways that could cause fatigue-related driving. The expanded duty now encompasses requests or directions causing workers to operate trucks while unfit to drive, and applies to all HVNL-regulated vehicles exceeding 4.5 tonnes rather than only those over 12 tonnes.
The amendments were developed while the National Heavy Vehicle Regulator was prosecuting a company over a fatal collision involving an employee driver with significant health conditions who was unfit to drive. That company ultimately received a $1.2 million penalty.
Construction incident reporting streamlined
The Queensland Building and Construction Commission and Other Legislation Amendment Bill 2025 modernizes the QBCC’s regulatory framework and simplifies serious incident reporting requirements for industry employers.
The reform effectively eliminates duplicate reporting obligations for QBCC licensees. Since 2017, following a coronial inquest recommendation into a young worker’s death, licensees have been required to separately notify both the QBCC and the relevant safety regulator (either Workplace Health and Safety Queensland or under the Electrical Safety Act 2002) about serious incidents.
Under the new legislation, incidents reported to regulators like Workplace Health and Safety Queensland no longer require separate QBCC notification. The Government argues modern information-sharing arrangements between regulators have made the dual requirement unnecessary.
However, Queensland Shadow Public Works Minister Charis Mullen challenged the change during parliamentary debate, noting the dual notification enabled rapid QBCC responses to serious incidents, including license suspensions. She emphasized the coronial inquest had “deeply critical of the way safety notifications were handled” and warned against removing safeguards that prevent safety breaches from being missed due to communication failures.
Mullen also questioned the burden argument, stating the dual notification involves “a few minutes of extra reporting in the case of a serious incident.”
Both bills will commence on dates set by proclamation.
Resources safety regulator faces major restructure
The Queensland Government will abolish the Resources Safety and Health Commissioner role as part of its response to an independent review of Resources Safety and Health Queensland.
Natural Resources and Mines Minister Dale Last tabled the review’s final report in Parliament on Wednesday, containing 16 key findings and 16 recommendations from University of Queensland Professor Susan Johnston, who leads the Leading for High Reliability Centre and previously held senior roles at Anglo Coal and the Queensland Resources Council.
The 66-page report found that while RSHQ has repeatedly expressed ambitions to become a risk-based regulator, its progress has been fragmented and sluggish, lacking a comprehensive risk-based regulatory strategy. The review determined RSHQ’s inspectorates continue engaging primarily in schedule-based rather than risk-based activities, with some described as dysfunctional.
Critically, the report concluded RSHQ “has become unduly prosecution focused” at the expense of prevention, attributing this to its serious incidents investigation unit (SIIU). The review called for greater transparency regarding which matters the SIIU investigates and how enforcement options are selected.
“The current resources safety and health regulatory model is intrinsically flawed, and does not provide for adequate oversight, and accountability of the regulator,” the report states.
Minister Last described the findings as “sobering,” acknowledging Queensland’s resources safety framework is failing the workers it aims to protect. He identified weaknesses in governance, role confusion, and accountability gaps.
As a priority response, the Government will establish a new independent governing board to strengthen oversight, streamline advisory structures, and eliminate duplication. The commissioner’s oversight and advisory functions will transfer to this new board to provide clearer responsibility lines and stronger accountability.
Both bills and the regulatory reforms mark significant shifts in Queensland’s approach to workplace safety across multiple high-risk sectors.
