NSW parliament has passed amendments to the Work Health and Safety (WHS) Act which aim to strengthen compliance and enforcement and give unions significant new powers and influence.

It will now be easier for unions  to prosecute an employer if  the regulator declines to prosecute or does not prosecute within 12 months.

The amendments allow courts to order a portion of a fine or other penalty be paid to the prosecuting union.

“This recognises the significant resources required to bring a successful prosecution,” said Industrial Relations Minister Sophie Cotsis.

The amended Act strengthens the ‘right of entry’ for union officials to collect evidence relating to suspected contraventions of the Act, including conducting tests, measurements and taking photos or videos at a workplace.

It also relaxes confidentiality provisions, allowing information disclosure about inspections and investigations to unions, health and safety representatives and families of deceased workers (so long as it does not prejudice an ongoing investigation or prosecution).

The limitation period for prosecutions under the Work Health and Safety Act remains at two years. However, the amendments allow a court to grant leave to bring proceedings outside the limitation period “if it is in the interests of justice”.