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Commencement of The Electrical Safety and Other Legislation Amendment Act 2024

25 Sep 2024 8:14 AM | Deleted user

On 22 August 2024, Queensland Parliament passed the Electrical Safety and Other Legislation Amendment Bill 2024. 

On 30 August 2024, many of the changes contained within the Electrical Safety and Other Legislation Amendment Act 2024 (ESOLA Act) commenced. A summary of these changes is included below.

Changes to the Electrical Safety Act 2002 that have commenced

Key changes to the Electrical Safety Act 2002 (ES Act) as a result of the ESOLA Act you should be aware of are:

  • Government can now prescribe extra low voltage equipment in regulation as prescribed electrical equipment where it is placing or may place persons or property at electrical risk.
  • Particular connection and disconnection tasks involving prescribed electrical equipment where they can safely be undertaken by someone without electrical expertise are excluded from the definition of electrical work.
  • The definition of electrical installation now clearly encompasses the use of modern energy generation and storage systems.
  • Replacement of similar appliances (‘like for like’) in particular circumstances is excluded from the definition of electrical installation work, meaning licensed electrical fitters and particular restricted licence holders can complete this work.
  • Inspector powers for producing documents are aligned with powers under the WHS Act:
    • allowing another inspector (different to the inspector that initially entered the place) to exercise the powers;
    • allowing the powers to be exercised within 30 days of entering a place for a suspected contravention – with the power to be exercised by written notice by an inspector; and
    • facilitating interviews with persons using audio or audio-visual links (i.e. platforms such as Microsoft Teams and Zoom).
  • The WHS Prosecutor is responsible under the ES Act to bring prosecutions.
  • There are clear pathways for the Electrical Licensing Committee to place, change and remove conditions and restrictions in electrical licences through the disciplinary process.
  • The definition of corresponding law for the purposes of the Electrical Equipment Safety System (EESS), now prescribes corresponding law by regulation. Victoria’s Electricity Safety Act 1998 is prescribed.
  • The voltage of equipment to which the EESS applies to is prescribed in regulation as low voltage and Government can now prescribed items of in-scope electrical equipment that have been unintentionally captured by the EESS as not in-scope electrical equipment. No equipment has been prescribed by the ESOLA Act.
  • Redundant database requirements for the EESS are omitted.

Changes to the Work Health and Safety Act 2011 that have commenced.

Key changes to the Work Health and Safety Act 2011 (WHS Act) as a result of the ESOLA Act you should be aware of are:

  • Negligence is now a fault element of the Category 1 offence (in addition to recklessness).
  • Industrial manslaughter will now capture negligent conduct leading to the death of all individuals (e.g. bystanders/other persons) owed a health and safety duty.
  • Clarifying that multiple parties in a contractual chain can be charged with industrial manslaughter.
  • Alternative verdicts for industrial manslaughter and Category 1 offences to ensure defendants are not acquitted when other serious crimes are established by the evidence.
  • There is now a head of power to support the Regulator’s ability to regulate the quality of authorisation training, such as high-risk work licence training, delivered by Registered Training Organisations (RTO) in Queensland. These amendments will not have any immediate impact as they are intended to support the potential future inclusion of an RTO approval framework in the Work Health and Safety Regulation 2011.


Changes to the Safety in Recreational Water Activities Act 2011 that have commenced

Key changes to the Safety in Recreational Water Activities Act 2011 as a result of the ESOLA Act you should be aware of are:

  • Negligence is now a fault element of the Category 1 offence (in addition to recklessness).


Changes that will commence on 1 January 2025

On 1 January 2025, new powers will permit health and safety representatives and entry permit holders to take photos, videos, measurements and to conduct tests at the workplace in certain circumstances.

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