Work Health and Safety and Other Legislation Amendment Bill 2023 (QLD) - transitional provisions for the introduction of the prohibition of indemnity for penalties
Limebite 03/24
The Work, Health and Safety and Other Legislation Amendment Bill 2023 (WHS Bill) has passed the Queensland Parliament and will commence on a day to be fixed by proclamation. The WHS Bill introduces provisions similar to those in place in New South Wales, Western Australia and Victoria, making it an offence to offer, enter into or receive the benefit of an indemnity for penalties under the Workplace Health and Safety Act 2011 (Qld) (Act). In addition to penalties, the new provisions will deem indemnity/ insuring clauses void. The WHS Bill proposes to introduce section 272A, which provides as follows: Section 272A - Insurance or other indemnity against penalties (1) A person must not, without reasonable excuse – (a) enter into a contract of insurance or other arrangement that purports to insure or indemnify a person for a liability for all or part of a monetary penalty under this Act; or…