Safe Work Australia has opened public consultation on a proposed overhaul of how workplace health and safety disputes are resolved under the national model laws — a reform that could significantly reshape the way WHS conflicts between workers, employers, and regulators are handled across the country.
The consultation, which closes on 17 April 2026, seeks input on a range of options including the establishment of a specialist WHS tribunal and expanded use of alternative dispute resolution mechanisms. Currently, WHS disputes can be slow, costly, and difficult to navigate — particularly for workers seeking to resolve issues without triggering formal enforcement or litigation.
The proposed reforms are designed to make the system fairer, faster, and more accessible. A specialist WHS tribunal would bring dedicated expertise to the resolution of safety disputes, similar to models operating in industrial relations and workers’ compensation jurisdictions. Alternative dispute resolution pathways — such as mediation and conciliation — could offer parties a faster route to resolution without the cost and adversarialism of court proceedings.
For office-based and white-collar employers, the reforms are particularly relevant given the rapid growth in psychosocial hazard disputes. As regulators increase enforcement activity around mental health, bullying, and excessive workloads, the number of formal WHS complaints and investigations is rising. A clearer, more efficient dispute resolution framework would benefit employers seeking certainty and workers seeking timely outcomes.
WHS professionals and employer groups are encouraged to engage with the consultation. Submissions represent an opportunity to shape how future disputes — including those involving psychosocial hazards, right of entry, and digital work systems — will be handled under the model laws.
The consultation paper is available on the Safe Work Australia website. Submissions can be lodged via the SWA Consultation Hub prior to the 17 April 2026 closing date. This is also a chance for organisations to consider how well their internal WHS dispute resolution processes align with the direction of the proposed national reforms.
