Accident Compensation (Occupational Health and Safety) Act 1996 (Vic)
Version No. 002
Accident Compensation (Occupational Health and Safety) Act 1996
No. 13 of 1996
Version incorporating amendments as at 19 October 2007
TABLE OF PROVISIONS
Section Page
PART 1—PRELIMINARY
1Purposes
2Commencement
PART 2—AMENDMENTS TO THE ACCIDENT COMPENSATION ACT 1985
Division 1—Amendments to the Accident Compensation Act 1985
3Principal Act
4Amendment of powers of Authority
5Amendment of Authority's objectives
6Amendment of section 20C
7Amendment of section 21
8Amendment of section 32
Division 2—Transitional provisions relating to staff
9Determination of staff to be transferred
10Transfer of staff
11Supreme Court—limitation of jurisdiction
PART 3—AMENDMENTS TO THE DANGEROUS GOODS ACT 1985
Division 1—Amendments to the Dangerous Goods Act 1985
12Principal Act
13Amendment of definitions
14Amendment of section 11
15Amendment of powers of delegation
16Section 16 repealed
17Amendment of section 17
18Amendment of section 40
19Amendment of section 42
20Amendment of section 58
21New section 61 inserted
61Transfer of responsibilities
22Amendment of references to Director-General
23Statute law revision
Division 2—Transitional provisions
24Definitions
25Interpretation of Legislation Act 1984 not affected
26Superseded references to Minister and Director‑General
27Proceedings in relation to Minister and Director‑General
28Documents etc issued by Director-General
29Registers
30Inspectors deemed to be inspectors appointed by Authority
31Proceedings in relation to inspectors
32Documents etc issued by inspector
PART 4—AMENDMENTS TO THE EQUIPMENT (PUBLIC SAFETY) ACT 1994
Division 1—Amendments to the Equipment (Public Safety)
Act 199433Principal Act
34Definition inserted
35Amendment of section 12
36Amendment of section 13
37Amendment of section 28
38Amendment of section 29
39Amendment of section 33
40Amendment of section 36
41Amendment of Schedule
Division 2—Transitional provisions
42Definition
43Interpretation of Legislation Act 1984 not affected
44Superseded references
45Proceedings in relation to Minister
46Documents etc issued by Minister
47Inspectors deemed to be inspectors appointed by Authority
48Proceedings in relation to inspectors
49Documents etc issued by inspector
PART 5—AMENDMENTS TO THE OCCUPATIONAL
HEALTH AND SAFETY ACT 1985Division 1—Amendments to the Occupational Health and Safety Act 1985
50Principal Act
51Definition inserted
52Amendment of section 8
53Amendments relating to obtaining information
54Amendments relating to designated work groups and health
and safety representatives55Amendment of section 38
56Amendment of section 39
57Amendments relating to proceedings for offences
58Amendment of section 50
59Amendment of section 55
60Amendments relating to regulations
61New section 60 inserted
60Transfer of responsibilities
Division 2—Transitional provisions
62Definitions
63Interpretation of Legislation Act 1984 not affected
64Superseded references
65Proceedings in relation to the Minister
66Documents etc. issued by Minister, Secretary and Department
67Information under section 9
68Inspectors deemed to be inspectors appointed by Authority
69Proceedings in relation to inspectors
70Documents etc issued by inspector
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
Version No. 002
Accident Compensation (Occupational Health and Safety) Act 1996
No. 13 of 1996
Version incorporating amendments as at 19 October 2007
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY
1Purposes
The main purposes of this Act are—
(a)to transfer various responsibilities in relation to the administration of the Dangerous Goods Act 1985, the Equipment (Public Safety) Act 1994 and the Occupational Health and Safety Act 1985 to the Victorian WorkCover Authority; and
(b)to provide for the transfer of staff involved in administering those Acts to the Victorian WorkCover Authority; and
(c)to amend the Accident Compensation Act1985, the Dangerous Goods Act 1985, the Equipment (Public Safety) Act 1994 and the Occupational Health and Safety Act1985.
2Commencement
(1)This Part and section 9 come into operation on the day on which this Act receives the Royal Assent.
(2)Subject to subsection (2), the remaining provisions of this Act come into operation on a day to be proclaimed.
(3)If a provision referred to in subsection (2) does not come into operation within a period of 6 months beginning on and including the day on which this Act receives the Royal Assent, it comes into operation on the first day after the end of that period.
(4)The day fixed by proclamation for the commencement of the remaining provisions of this Act is 2 July 1996.
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PART 2—AMENDMENTS TO THE ACCIDENT COMPENSATION ACT 1985
Division 1—Amendments to the Accident Compensation Act 1985
3Principal Act
In this Part the Accident Compensation Act 1985 is called the Principal Act.
4Amendment of powers of Authority
In section 18(2) of the Principal Act—
(a)in paragraph (d), after "under this Act" insert "or any other Act"; and
(b)in paragraph (e), after "under this Act" insert "or any other Act".
5Amendment of Authority's objectives
In section 19(b) of the Principal Act, after "the Workers Compensation Act 1958" insert
", the Occupational Health and Safety Act 1985, the Equipment (Public Safety) Act 1994, the Dangerous Goods Act 1985".
6Amendment of section 20C
In section 20C(1) of the Principal Act, for "or the Accident Compensation (WorkCover Insurance)Act 1993" substitute ", the Accident Compensation (WorkCover Insurance) Act 1993, the Occupational Health and Safety Act 1985, the Equipment (Public Safety) Act 1994, the Dangerous Goods Act 1985, the Mines Act 1958 and the Road Transport (Dangerous Goods) Act 1995".
7Amendment of section 21
After section 21(9) of the Principal Act insert—
"(10)A delegation must not be made under this section to any person, other than an officer or employee of the Authority, in respect of any power, function, authority or discretion to which section 14 of the Dangerous Goods Act 1985 applies.".
8Amendment of section 32
(1)After section 32(3)(b) of the Principal Act insert—
"(ba)any amount—
(i)recovered as a penalty for an offence against the Occupational Health andSafety Act 1985, the Equipment (PublicSafety) Act 1994, the Dangerous Goods Act 1985, the MinesAct 1958 or the Road Transport(Dangerous Goods) Act1995 or the regulations made under any of those Acts if the proceedings were brought by or on behalf of the Authority or by an inspector appointed by the Authority under any of those Acts; or
(ii)received as payment for a penalty for an offence against any of the Acts specified in subparagraph (i) or the regulations made under any of those Acts for which an infringement notice has been issued;
(bb)any fee payable under—
(i)the Occupational Health and Safety Act 1985 or the Equipment (Public Safety) Act 1994 or regulations made under either of those Acts, unless the regulations made under either of those Acts provide that those fees are otherwise payable; and
(ii)the Dangerous Goods Act 1985 or the Road Transport(Dangerous Goods) Act1995 and the regulations made under those Acts;
(bc)any amount certified by the Treasurer, after consultation with the Minister, as a contribution from the Consolidated Fund to the costs and expenses of or incidental to the administration by the Authority of the Occupational Health and Safety Act 1985, the Equipment (Public Safety) Act 1994, the Dangerous Goods Act 1985, the Mines Act 1958 and the Road Transport (Dangerous Goods) Act 1995;".
(2)In section 32(4) of the Principal Act—
(a)in paragraph (a), after "other Act" insert
"or any regulation made under this or any other Act";
(b)paragraph (c) is repealed.
(3)In section 32(7) of the Principal Act, after "this Act" insert "or any other Act".
Division 2—Transitional provisions relating to staff
9Determination of staff to be transferred
The Minister administering the Principal Act must designate in writing the officers and employees of the public service who are employed in the administration and enforcement of the Occupational Health and Safety Act 1985, the Dangerous Goods Act 1985 or the Equipment (Public Safety) Act 1994 who are to become officers and employees of the Authority under section 10.
10Transfer of staff
(1)On and from the commencement of this section, any officer or employee designated under section 9—
(a)is deemed to have been appointed by the Authority under section 22 of the Principal Act; and
(b)is entitled to remuneration, terms and conditions determined by the Minister administering the Principal Act to be no less favourable than those which he or she received or was entitled to receive immediately before that commencement as such an officer or employee; and
(c)retains any entitlement to long service leave, annual leave, sick leave or maternity leave accrued or accruing to that person immediately before that commencement; and
(d)ceases to be an officer or employee of the public service.
(2)Section 22(3) of the Principal Act applies to a person deemed under subsection (1) to have been appointed by the Authority.
(3)A person is not entitled to any compensation as a result of the person ceasing to be an officer or employee of the public service by virtue of this section.
11Supreme Court—limitation of jurisdiction
It is the intention of section 10(3) to alter or vary section 85 of the Constitution Act 1975.
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PART 3—AMENDMENTS TO THE DANGEROUS GOODS ACT 1985
Division 1—Amendments to the Dangerous Goods Act 1985
12Principal Act
In this Part the Dangerous Goods Act 1985 is called the Principal Act.
13Amendment of definitions
In section 3(1) of the Principal Act—
(a)insert—
"Authority means the Victorian WorkCover Authority established under section 18 of the Accident Compensation Act 1985;";
(b)the definition of Director-General is repealed.
14Amendment of section 11
In section 11 of the Principal Act—
(a)in subsection (1)—
(i)for "Minister" substitute "Authority"; and
(ii)for "public service" substitute "Authority";
(b)in subsection (2), for "Minister" substitute "Authority";
(c)in subsection (3), for "Director-General" substitute "Authority".
15Amendment of powers of delegation
In section 14 of the Principal Act, for
"Director-General" (wherever occurring), substitute "Authority".
16Section 16 repealed
Section 16 of the Principal Act is repealed.
17Amendment of section 17
After section 17(6) of the Principal Act insert—
"(7)An inspector is authorised to take affidavits for any purpose relating to or incidental to the exercise of the inspector's powers, authorities or discretions or the discharge of the inspector's functions.".
18Amendment of section 40
(1)In section 40(1) of the Principal Act, for "Minister" substitute "Authority".
(2)In section 40(2) of the Principal Act, for "to inspectors," substitute "to the Authority, to inspectors".
19Amendment of section 42
(1)In section 42 of the Principal Act—
(a)for "Director-General" (where first occurring) substitute "Chief Executive of the Authority"; and
(b)for "Director-General" (where secondly occurring) substitute "Chief Executive".
(2)In section 42(b) and (c) of the Principal Act, for "Director-General" (wherever occurring) substitute "Authority".
20Amendment of section 58
In section 58(2) of the Principal Act, for "his or her Department" substitute "the Authority".
21New section 61 inserted
After section 60 of the Principal Act insert—
"61 Transfer of responsibilities
(1)In this section—
relevant Director-General means the Secretary to the Department of Energy and Minerals, the Secretary to the Department of Agriculture, Energy and Minerals or the Secretary to the Department of Natural Resources and Environment;
relevant Minister means the Minister for the time being administering the Petroleum (Submerged Lands) Act 1982.
(2)Despite anything to the contrary in this Act, the relevant Minister has direct and primary concern and responsibility for the administration of this Act and may exercise for that purpose all the powers and functions of the Minister or the Authority under this Act or the regulations with respect to activities carried out under—
(a)the Petroleum (Submerged Lands) Act 1967 of the Commonwealth; and
(b)the Petroleum (Submerged Lands) Act1982.
(3)For the purposes of subsection (2) and only for those purposes, this Act applies as if—
(a)any reference in any other section of this Act or the regulations to the Minister or to the Authority (including any reference deemed to be a reference to the Authority) or to the relevant Director-General were a reference to the relevant Minister; and
(b)any reference in any other section of this Act or the regulations to an officer or employee of the Authority were a reference to an officer or employee of the public service.
(4)Subsection (2) does not apply to any power or function or responsibility of the Minister relating to codes of practice or the making of regulations.
(5)On and after the commencement of section 21 of the Accident Compensation(Occupational Health and Safety) Act1996—
(a)any delegation or other instrument or other document made, issued or given under this Act or the regulations before that commencement by the relevant Director-General is deemed to have been made, issued or given by the relevant Minister;
(b)any action taken or decision made under this Act or the regulations before that commencement by the relevant Director-General is deemed to have been taken or made by the relevant Minister;
(c)any application made or notification given to the relevant Director-General under this Act or the regulations before that commencement is deemed to be an application made or notification given to the relevant Minister;
(d)the relevant Minister may continue and complete any other continuing matter or thing commenced by or against the relevant Director-General under this Act or the regulations and existing immediately before that commencement.
(6)Nothing in this section or any other section of this Act affects the appointment of or any notice given by or proceedings begun under this Act or the regulations by or against or in relation to an inspector appointed by the relevant Minister before the commencement of section 21 of the Accident Compensation (Occupational Health and Safety) Act 1996.".
22Amendment of references to Director-General
In the Principal Act—
(a)in section 10(2), for "Director-General" substitute "Authority";
(b)in section 10A(1), for "Director-General" (where twice occurring) substitute "Authority";
(c)in section 13(1), for "Director-General" substitute "Authority";
(d)in section 15, for "Director-General" substitute "Authority";
(e)in section 17A(1), for "Director-General" substitute "Authority";
(f)in section 18, for "Director-General" (wherever occurring) substitute "Authority";
(g)in section 21, for "Director-General" (wherever occurring) substitute "Authority";
(h)in section 22, for "Director-General" (where twice occurring) substitute "Authority";
(i)in section 23, for "Director-General" (wherever occurring) substitute "Authority";
(j)in section 24, for "Director-General" (wherever occurring) substitute "Authority";
(k)in section 25, for "Director-General" (where twice occurring) substitute "Authority";
(l)in section 26, for "Director-General" substitute "Authority";
(m)in section 27, for "Director-General" (where twice occurring) substitute "Authority";
(n)in section 28, for "Director-General" (where twice occurring) substitute "Authority";
(o)in section 29, for "Director-General" substitute "Authority";
(p)in section 33, for "Director-General" (where twice occurring) substitute "Authority";
(q)in section 48(2), for "Director-General" substitute "Authority";
(r)in section 51, for "Director-General" (where twice occurring) substitute "Authority";
(s)in section 54—
(i)for "Director-General" (where twice occurring) substitute "Authority"; and
(ii)in subsection (5), for
"Director-General's" substitute "Authority's";
(t)in Schedule 2—
(i)in clause 23, for "Director-General" substitute "Authority"; and
(ii)in clause 26, for "Director-General" substitute "Authority".
23Statute law revision
In the Principal Act—
(a)in section 9(e), omit "applies" where secondly occurring;
(b)in section 20(1)—
(i)for "(a)" (where secondly occurring) substitute "(h)"; and
(ii)for "(b)" (where secondly occurring) substitute "(i)";
(c)in section 45A(a)(ii), for "of both" substitute "or both".
Division 2—Transitional provisions
24Definitions
In this Division—
Director-General has the same meaning as it has in the Principal Act as in force at any time before the commencement of Division 1 of this Part, having regard to any Order made under the Administrative Arrangements Act 1983 but does not include the relevant Director-General within the meaning of section 61 of the Principal Act;
former inspector means an inspector appointed under section 11 of the Principal Act as in force immediately before the commencement of Division 1 of this Part but does not include an inspector appointed by the relevant Minister within the meaning of section 61 of the Principal Act;
Minister does not include the relevant Minister within the meaning of section 61 of the Principal Act.
25Interpretation of Legislation Act 1984 not affected
Nothing in this Division affects or takes away from the Interpretation of Legislation Act 1984.
26Superseded references to Minister and Director‑General
(1)On the commencement of this section, a reference in the regulations made under the Principal Act or any instrument or other document made, issued, served or given under the Principal Act or the regulations made under that Act—
(a)to the Minister is deemed to be a reference to the Authority; and
(b)to the Director-General is deemed to be a reference to the Authority.
(2)Subsection (1) does not apply to—
(a)any guidelines issued by the Minister under section 40(2) of the Principal Act; or
(b)any code of practice approved by the Minister or notice caused to be published by the Minister under section 56 of the Principal Act.
27Proceedings in relation to Minister and Director‑General
(1)On the commencement of this section, the Authority is substituted for the Minister or the Director-General as a party in any proceedings commenced or made by or against or in relation to the Minister or the Director-General under the Principal Act or the regulations made under that Act and existing immediately before that commencement.
(2)On the commencement of this section, any application made or notification given to the Director-General under the Principal Act or the regulations made under that Act before that commencement is deemed to be an application made or notification given to the Authority.
(3)On and after the commencement of this section, the Authority may continue and complete any other continuing matter or thing commenced by or against or in relation to the Director-General under the Principal Act or the regulations made under that Act and existing immediately before that commencement.
28Documents etc issued by Director-General
(1)On and after the commencement of this section—
(a)any notice, licence, certificate, requirement, request, direction, determination, declaration, specification, registration, authorisation, endorsement, waiver, approval, delegation, condition, consent, exemption or other instrument or document issued, served, made or given under the Principal Act or the regulations made under the Principal Act by the Director-General or the Minister is deemed to have been issued, served, made or given by the Authority; and
(b)any action taken or decision made under the Principal Act or the regulations made under the Principal Act by the Director-General or the Minister is deemed to have been taken or made by the Authority.
(2)This section does not apply to —
(a)any guidelines issued by the Minister under section 40(2) of the Principal Act; or
(b)any code of practice approved by the Minister or notice caused to be published by the Minister under section 56 of the Principal Act.
29Registers
(1)On the commencement of this section, the register established by the Director-General under section 54 of the Principal Act is deemed to be the register established under that section by the Authority.
(2)On the commencement of this section, any other register established by the Director-General under the Principal Act or the regulations made under that Act is deemed to be a register established by the Authority.
30Inspectors deemed to be inspectors appointed by Authority
On and after the commencement of this section—
(a)each former inspector holding office immediately before that commencement is deemed to be an inspector appointed by the Authority under section 11 of the Principal Act as amended by Division 1 of this Part; and
(b)a certificate of appointment furnished by the Minister under section 11 of the Principal Act in respect of the appointment of a former inspector is deemed to be a certificate of appointment furnished by the Authority under section 11 as amended by Division 1 of this Part; and
(c)an identification card issued to a former inspector by the Director-General under section 13 of the Principal Act is deemed to be an identification card issued to an inspector by the Authority under that section as amended by Division 1 of this Part.
31Proceedings in relation to inspectors
On and after the commencement of this section, an inspector appointed by the Authority may continue and complete any proceedings under the Principal Act or the regulations made under that Act commenced or made by or against or in relation to a former inspector and existing immediately before that commencement.
32Documents etc issued by inspector
On and after the commencement of this section—
(a)any notice, direction, authorisation, request, requirement, prohibition, exemption, approval, permission or other instrument or document issued, served, made or given by a former inspector under the Principal Act or the regulations made under that Act is deemed to have been issued, served, made or given by an inspector appointed by the Authority; and
(b)any action taken or decision made under the Principal Act or the regulations made under that Act by a former inspector is deemed to have been taken or made by an inspector appointed by the Authority.
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PART 4—AMENDMENTS TO THE EQUIPMENT (PUBLIC SAFETY) ACT 1994
Division 1—Amendments to the Equipment (Public Safety) Act 1994
33Principal Act
In this Part the Equipment (Public Safety) Act 1994 is called the Principal Act.
34Definition inserted
In section 3(1) of the Principal Act, insert—
"Authority means the Victorian WorkCover Authority established under section 18 of the Accident Compensation Act 1985;".
35Amendment of section 12
(1)In section 12 of the Principal Act, for "Minister" (wherever occurring) substitute "Authority".
(2)In section 12(1) of the Principal Act, for "public service" substitute "Authority".
36Amendment of section 13
After section 13(2) of the Principal Act insert—
"(3)An inspector is authorised to take affidavits for any purpose relating to or incidental to the exercise of the inspector's powers or the performance of the inspector's duties.".
37Amendment of section 28
In section 28 of the Principal Act—
(a)in subsection (1), for "Minister" substitute "Authority";
(b)in subsection (2), for "Minister" substitute "Authority";
(c)in subsection (5) after "must issue" insert
"to the Authority and".
38Amendment of section 29
In section 29 of the Principal Act—
(a)for "the Secretary to the Department of Business and Employment" substitute
"the Chief Executive of the Authority";
(b)for "the Secretary" (where secondly occurring) substitute "the Chief Executive of the Authority".
39Amendment of section 33
In section 33(5) of the Principal Act, for "Department of Business and Employment" substitute "Authority".
40Amendment of section 36
(1)In section 36(4) of the Principal Act—
(a)in paragraph (d), for "Minister, the Secretary to the Department of Business and Employment" substitute "Authority";
(b)in paragraph (e), for "Minister" substitute "Authority";
(c)in paragraph (f), for "Minister, the Secretary to the Department of Business and Employment" substitute "Authority".
(2)In section 36 of the Principal Act, subsection (7) is repealed.
41Amendment of Schedule
In the Schedule to the Principal Act, in clause 9, for "Minister" substitute "Authority".
Division 2—Transitional provisions
42Definition
In this Division—
former inspector means an inspector under section 12 of the Principal Act as in force immediately before the commencement of Division 1 of this Part.
43Interpretation of Legislation Act 1984 not affected
Nothing in this Division affects or takes away from the Interpretation of Legislation Act 1984.
44Superseded references
(1)On the commencement of this section, a reference in the regulations made under the Principal Act or any instrument or other document issued, served, made or given under the Principal Act or the regulations made under that Act to the Minister is deemed to be a reference to the Authority.
(2)Subsection (1) does not apply to—
(a)any guidelines issued by the Minister under section 28(5) of the Principal Act; or
(b)any code of practice approved by the Minister or notice caused to be published by the Minister under section 33 of the Principal Act.
45Proceedings in relation to Minister
(1)On the commencement of this section, the Authority is substituted for the Minister as a party in any proceedings commenced or made by or against or in relation to the Minister under the Principal Act or the regulations made under that Act and existing immediately before that commencement.
(2)On the commencement of this section, any application made or notification, notice or request given to the Minister under the Principal Act or the regulations made under that Act is deemed to be an application made or notification, notice or request given to the Authority.
(3)On and after the commencement of this section, the Authority may continue and complete any other continuing matter or thing commenced by or against or in relation to the Minister under the Principal Act or the regulations made under that Act and existing immediately before that commencement.
46Documents etc issued by Minister
(1)On and after the commencement of this section—
(a)any confirmation, condition, exemption, notice, requirement, determination, approval or other instrument or document issued, served, granted, made or given under the Principal Act or the regulations made under the Principal Act by the Minister is deemed to have been issued, served, granted, made or given by the Authority; and
(b)any action taken or decision made under the Principal Act or the regulations made under the Principal Act by the Minister is deemed to have been taken or made by the Authority.
(2)This section does not apply to—
(a)any guidelines issued by the Minister under section 28(5) of the Principal Act; or
(b)any code of practice approved by the Minister or notice caused to be published by the Minister under section 33 of the Principal Act.
47Inspectors deemed to be inspectors appointed by Authority
On and after the commencement of this section—
(a)any former inspector holding office immediately before that commencement is deemed to be an inspector appointed by the Authority under section 12 of the Principal Act as amended by Division 1 of this Part; and
(b)a certificate of appointment provided by the Minister under section 12 of the Principal Act in respect of the appointment of a former inspector is deemed to be a certificate of appointment provided by the Authority under that section as amended by Division 1 of this Part; and
(c)an identification card provided to a former inspector by the Minister under section 12 of the Principal Act is deemed to be an identification card provided to an inspector by the Authority under that section as amended by Division 1 of this Part.
48Proceedings in relation to inspectors
On and after the commencement of this section, an inspector appointed by the Authority may continue and complete any proceedings under the Principal Act or the regulations made under that Act commenced or made by or against or in relation to a former inspector and existing immediately before that commencement.
49Documents etc issued by inspector
On and after the commencement of this section—
(a)any notice, requirement, direction or other instrument or document issued, served, made or given by a former inspector under the Principal Act or the regulations made under that Act is deemed to have been issued, served, made or given by an inspector appointed by the Authority; and
(b)any action taken or decision made under the Principal Act or the regulations made under that Act by a former inspector is deemed to have been taken by an inspector appointed by the Authority.
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PART 5—AMENDMENTS TO THE OCCUPATIONAL HEALTH AND SAFETY ACT 1985
Division 1—Amendments to the Occupational Health and Safety Act 1985
50Principal Act
In this Part the Occupational Health and Safety Act 1985 is called the Principal Act.
51Definition inserted
In section 4 of the Principal Act—
(a)insert—
"Authority means the Victorian WorkCover Authority established under section 18 of the Accident Compensation Act 1985;";
(b)the definition of Department is repealed.
52Amendment of section 8
In section 8 of the Principal Act, for "Department" (wherever occurring) substitute "Authority".
53Amendments relating to obtaining information
(1)In section 9 of the Principal Act, for "Department" substitute "Authority".
(2)In section 10(9) of the Principal Act, for "member of the Department" substitute "Director of the Board of Management of the Authority or officer or employee of the Authority".
(3)In section 10 of the Principal Act, for "Department" (wherever occurring) substitute "Authority".
(4)After section 10(10) of the Principal Act insert—
"(11)Section 243 of the Accident Compensation Act 1985 does not apply to any information furnished to the Authority under section 9 of this Act.".
54Amendments relating to designated work groups and health and safety representatives
(1)In section 29 of the Principal Act, for "Minister" (where twice occurring) substitute "Authority".
(2)In section 30 of the Principal Act—
(a)in subsection (3), for "Minister to appoint an officer of the public service" substitute "Authority to appoint a person";
(b)in subsection (4), for "Minister may appoint an officer of the public service" substitute "Authority may appoint any person".
(3)In section 31(2)(d) of the Principal Act, for "approved by the or conducted by the Department" substitute "approved by or conducted by the Authority".
55Amendment of section 38
In section 38 of the Principal Act—
(a)for "Minister" (wherever occurring) substitute "Authority";
(b)in subsection (1), for "public service" substitute "Authority".
56Amendment of section 39
After section 39(2) of the Principal Act insert—
"(3)An inspector is authorised to take affidavits for any purpose relating to or incidental to the exercise of the inspector's powers or the performance of the inspector's duties.".
57Amendments relating to proceedings for offences
(1)In section 48 of the Principal Act—
(a)in subsection (1), for "Minister" substitute "Authority";
(b)in subsection (2), for "Minister" substitute "Authority";
(c)in subsection (5) after "shall issue" insert
"to the Authority and".
(2)In section 49 of the Principal Act, for "Minister" (wherever occurring) substitute "Authority".
58Amendment of section 50
In section 50 of the Principal Act, for "the Secretary to the Department" (where twice occurring) substitute "the Chief Executive of the Authority".
59Amendment of section 55
In section 55(5) of the Principal Act, for "Department" substitute "Authority".
60Amendments relating to regulations
(1)In section 59 of the Principal Act—
(a)in subsection (3)(d), for "Minister, the Secretary to the Department, the Department" substitute "Authority";
(b)in subsection (3)(e), for "Minister" substitute "Authority";
(c)in subsection (3)(f), for "Minister, the Secretary to the Department" substitute "Authority";
(d)in subsection (5)—
(i)for "Minister" substitute "Authority"; and
(ii)for "Department" substitute "Authority";
(e)subsection (6A) is repealed.
(2)In Schedule One to the Principal Act—
(a)in clause 8, for "Minister" substitute "Authority"; and
(b)in clause 40, for "Minister" substitute "Authority".
61New section 60 inserted
After section 59 of the Principal Act insert—
"60 Transfer of responsibilities
(1)In this section—
relevant Department means the Department of Energy and Minerals, the Department of Agriculture, Energy and Minerals or the Department of Natural Resources and Environment;
relevant Minister means the Minister for the time being administering the Petroleum (Submerged Lands) Act 1982;
relevant Secretary means the Secretary to the Department of Energy and Minerals, the Secretary to the Department of Agriculture, Energy and Minerals or the Secretary to the Department of Natural Resources and Environment.
(2)Despite anything to the contrary in this Act, the relevant Minister has direct and primary concern and responsibility for the administration of this Act and may exercise for that purpose all the powers and functions of the Minister or the Authority under this Act or the regulations with respect to activities carried out under—
(a)the Petroleum (Submerged Lands) Act 1967 of the Commonwealth; and
(b)the Petroleum (Submerged Lands)Act 1982; and
(c)if an Order under subsection (4) so specifies, the Extractive Industries Development Act 1995.
(3)For the purposes of subsection (2) and only for those purposes, this Act applies as if—
(a)any reference in this Act or the regulations to the Minister or to the Authority (including any reference deemed to be a reference to the Authority) or to the relevant Secretary or to the relevant Department were a reference to the Minister; and
(b)any reference to an officer or employee of the Authority were a reference to an officer or employee of the public service.
(4)The Governor in Council may, by Order published in the Government Gazette, specify the Extractive Industries Development Act 1995 as an Act to which subsection (2) applies.
(5)Subsection (2) does not apply to any power or function or responsibility of the Minister relating to codes of practice or to the making of regulations.
(6)On and after the commencement of section 61 of the Accident Compensation(Occupational Health and Safety) Act1996—
(a)any delegation or other instrument or other document made, issued or given under this Act or the regulations before that commencement by the relevant Secretary or the relevant Department is deemed to have been made, issued or given by the relevant Minister;
(b)any action taken or decision made under this Act or the regulations before that commencement by the relevant Secretary or the relevant Department is deemed to have been taken or made by the relevant Minister;
(c)any application made or notification given to the relevant Secretary or the relevant Department under this Act or the regulations before that commencement is deemed to be an application made or notification given to the relevant Minister;
(d)the relevant Minister may continue and complete any other continuing matter or thing commenced by or against the relevant Secretary or the relevant Department under this Act or the regulations and existing immediately before that commencement.
(7)Nothing in this section or any other section of this Act affects the appointment of or any notice given by or proceedings begun under this Act or the regulations by or against or in relation to an inspector appointed by the relevant Minister before the commencement of section 61 of the Accident Compensation (Occupational Health and Safety) Act 1996.".
Division 2—Transitional provisions
62Definitions
In this Division—
Department has the same meaning as it has in the Principal Act as in force at any time before the commencement of Division 1 of this Part, having regard to any Order made under the Administrative Arrangements Act 1983 but does not include the relevant Department within the meaning of section 60 of the Principal Act;
former inspector means an inspector appointed under section 38 of the Principal Act as in force immediately before the commencement of Division 1 of this Part but does not include an inspector appointed by the relevant Minister within the meaning of section 60 of the Principal Act;
Secretary has the same meaning as Secretary or Director-General has or had in the Principal Act as in force at any time before the commencement of Division 1 of this Part, having regard to any Order made under the Administrative Arrangements Act 1983, but does not include the relevant Secretary within the meaning of section 60 of the Principal Act.
63Interpretation of Legislation Act 1984 not affected
Nothing in this Division affects or takes away from the Interpretation of Legislation Act 1984.
64Superseded references
(1)Subject to subsections (2) and (3), on the commencement of this section, a reference in the regulations made under the Principal Act or any instrument or other document made, issued, served or given under the Principal Act or the regulations made under that Act—
(a)to the Minister is deemed to be a reference to the Authority; and
(b)to the Department is deemed to be a reference to the Authority; and
(c)to the Secretary is deemed to be a reference to the Authority.
(2)On the commencement of this section, in the following regulations, a reference to the Minister is deemed to be a reference to the Administrative Appeals Tribunal—
(a)regulation 36 of the Occupational Health and Safety (Asbestos) Regulations 1992;
(b)regulation 16 of the Occupational Health and Safety (Noise) Regulations 1992.
(3)Subsection (1) does not apply to—
(a)any guidelines issued by the Minister under section 48(5) of the Principal Act; or
(b)any code of practice approved by the Minister or notice caused to be published by the Minister under section 55 of the Principal Act.
65Proceedings in relation to the Minister
(1)On the commencement of this section, the Authority is substituted for the Minister as a party in any proceedings commenced or made by or against or in relation to the Minister under the Principal Act or the regulations made under that Act and existing immediately before that commencement.
(2)On the commencement of this section, any application made or notification, notice or request given to the Minister, the Secretary or the Department under the Principal Act or the regulations made under that Act is deemed to be an application made or notification, notice or request given to the Authority.
(3)On and after the commencement of this section, the Authority may continue and complete any other continuing matter or thing commenced by or against or in relation to the Minister under that Principal Act or the regulations made under that Act and existing immediately before that commencement.
66Documents etc. issued by Minister, Secretary and Department
(1)On and after the commencement of this section—
(a)any notice, requirement, determination, approval, exemption, recommendation, authorisation, confirmation, registration, direction, certificate, guideline, delegation or other instrument or document issued, served, granted, made or given under the Principal Act or the regulations made under the Principal Act by the Department, the Secretary or the Minister is deemed to have been issued, served, granted, made or given by the Authority; and
(b)any action taken or decision made under the Principal Act or the regulations made under the Principal Act by the Department, the Secretary or the Minister is deemed to have been taken or made by the Authority.
(2)This section does not apply to —
(a)any guidelines issued by the Minister under section 48(5) of the Principal Act; or
(b)any code of practice approved by the Minister or notice caused to be published by the Minister under section 55 of the Principal Act.
67Information under section 9
On the commencement of this section, all information furnished to the Department under section 9 of the Principal Act is deemed to be furnished to the Authority under that section.
68Inspectors deemed to be inspectors appointed by Authority
On and after the commencement of this section—
(a)any former inspector holding office immediately before that commencement is deemed to be an inspector appointed by the Authority under section 38 of the Principal Act as amended by Division 1 of this Part; and
(b)a certificate of appointment furnished by the Minister under section 38 of the Principal Act in respect of the appointment of a former inspector is deemed to be a certificate of appointment furnished by the Authority under section 38 as amended by Division 1 of this Part; and
(c)an identification card furnished to a former inspector by the Minister under section 38 of the Principal Act is deemed to be an identification card furnished to an inspector by the Authority under section 38 as amended by Division 1 of this Part.
69Proceedings in relation to inspectors
On and after the commencement of this section, an inspector appointed by the Authority may continue and complete any proceedings under the Principal Act or the regulations made under that Act commenced or made by or against or in relation to a former inspector and existing immediately before that commencement.
70Documents etc issued by inspector
On and after the commencement of this section—
(a)any notice, requirement, direction or other instrument or document issued, served, made or given by a former inspector under the Principal Act or the regulations made under that Act is deemed to have been issued, served, made or given by an inspector appointed by the Authority; and
(b)any action taken or decision made under the Principal Act or the regulations made under that Act by a former inspector is deemed to have been taken or made by an inspector appointed by the Authority.
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ENDNOTES
1. General Information
Minister's second reading speech—
Legislative Assembly: 30 May 1996
Legislative Council: 20 June 1996
The long title for the Bill for this Act was "to further amend the Accident Compensation Act 1985, to amend the Dangerous Goods Act 1985, the Equipment (Public Safety) Act 1994, and the Occupational Health and Safety Act 1985 and for other purposes."
The Accident Compensation (Occupational Health and Safety) Act 1996 was assented to on 28 June 1996 and came into operation as follows:
Ss 1, 2 and 9 on 28 June 1996: s. 2(1); rest of Act on 2 July 1996: s. 2(4).
2. Table of Amendments
This Version incorporates amendments made to the Accident Compensation (Occupational Health and Safety) Act 1996 by Acts and subordinate instruments.
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Accident Compensation (Further Amendment) Act 1996, No. 60/1996
Assent Date: 17.12.96 Commencement Date: S.33 on 28.6.96: s. 2(2) CurrentState: This information relates only to the provision/s amending the Accident Compensation (Occupational Health and Safety) Act 1996
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3. Explanatory Details
No entries at date of publication.
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