Construction Safety Act 1971 (Qld)

482 (1, ue n IIut4 ANNO VICESIMO ELIZAEETHAE SECUNDAE REGINAE No. 31 of 1971 An Act to provide with respect to the safety and welfare of persons engaged in construction work and other work associated therewith and of members of the public in respect of danger from such work and for other purposes. . [ASSENTED TO 27TH APRIL, 1971] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- PART I-PRELIMINARY 1. Short title and commencement . (1) This Act may be cited as the Construction Safety Act 1971. (2) This Act other than this section shall come into operation on a date to be appointed by the Governor in Council by Proclamation published in the Gazette. 2. Repeals. The Acts specified in the- first column of the Schedule are repealed to the extent specified in the third column of the Schedule.

Construction Safety Act 1971, No. 31 483 3. Savings . (1) The person who at the date of commencement of this Act holds the appointment of Chief Inspector of Scaffolding for the purposes of any of the Acts repealed by this Act shall on and from that date hold the appointment of Chief Inspector of Construction Work for the purposes of this Act until he duly vacates it or is duly removed therefrom. (2) A person who at the date of commencement of this Act- (a) holds the appointment of Inspector of Scaffolding for the purposes of any of the Acts repealed by this Act shall on and from that date hold the appointment of Inspector of Construction Work for the purposes of this Act until he duly vacates it or is duly removed therefrom; (b) holds any other appointment for the purposes of any of the Acts repealed by this Act shall on and from that date hold that appointment for the purposes of this Act until he duly vacates it or is duly removed therefrom. (3) A licence issued by the Chief Inspector in respect of any occupation pursuant to section 13c of The Inspection of Scaffolding Acts 1915 to 1966 that subsists at the date of commencement of this Act shall be deemed to be a certificate of competency issued by the Chief Inspector pursuant to section 52 of this Act in respect of that occupation and the holder of the licence shall be deemed to be the holder of a certificate of competency accordingly. 4. Application of Act. (1) Save as is otherwise provided in this section, this Act applies to and in relation to all construction work, and all persons engaged therein, or asscciated therewith in a manner prescribed. (2) This Act does not apply to or in relation to construction work, or persons engaged therein, or associated therewith- (a) in or about a mine to which the Mines Regulation Act1964-1968 or the Coal Mining Act1925-1969 applies; or (b) in or about a well to which The Petroleum Acts 1923 to 1967 apply, except construction work above ground that does not extend into the underground workings of the mine or well, and construction work below ground that is incidental to construction work above ground and that does not so extend together with, in either case, persons engaged therein, or associated therewith in a manner prescribed. (3) This Act binds the Crown. (4) To the extent that the provisions of this Act are inconsistent with the provisions of any Order in Council, regulation, ordinance or by-law made under any Act relating to Local Authorities, this Act shall prevail and anything done by any Local Authority or person under such an Order in Council, regulation, ordinance or by-law shall be void and inoperative to the extent that it is inconsistent with the exercise of a power or performance of a duty by an inspector under this Act. Save as aforesaid, this Act shall not prejudice or affect the operation of the provisions of any other Act or law save that a person shall not be punished more than once on account of an act or omission that constitutes an offence against this Act and an offence against any other Act or law.

484 Construction Safety Act 1971, No. 31 5. Arrangement of Act. This Act is divided into Parts as follows: PART I-PRELIMINARY (SS. 1-5); PART II-MEANING OF TERMS (s. 6); PART 111-ADMINISTRATION (ss. 7-19); PART IV-CONSTRUCTION SAFETY (ss. 20-66); Division I-Duties of Constructor, Sub-Contractor, Employer and Workman (ss. 20-23); Division II-Prevention of Accidents (ss. 24-36); Division III-Notifiable Work (ss. 37-41); Division IV Investigation of Accidents (ss. 42-50); Division V Certificates of Competency (ss. 51-57); Division VI-Safety Officers and Bodies (ss. 58-63); PART V-REGULATION MAKING POWER (Ss. 64-66); PART VI-MISCELLANEOUS PROVISIONS (ss. 67-78); Division I-Fraudulent Practices (s. 67); Division II-Liability for Offences (ss. 68-74); Division III-Facilitation of Administration (ss. 75-77); SCHEDULE. PART II-MEANING OF TERMS 6. Definitions . In this Act unless the contrary appears- " building or structure " includes any erection, edifice, wall, chimney, fence, bridge, dam, reservoir, wharf, jetty, earth works, reclamation, ship, and floating structure; " Chief Inspector" means the person who holds the appointment of Chief Inspector of Construction Work and includes any person who performs the duties of the Chief Inspector; " compressed air work " means work done while the person doing it is breathing any gas or any mixture of gases at a pressure greater than atmospheric pressure; " construction equipment " includes all scaffolding, gear, hoisting appliance, power-driven equipment, shoring, formwork and falsework and all parts thereof and all materials used or to be used therein; " construction work " means work in connexion with- (a) the construction, erection, installation, addition to, alteration, repair, maintenance, cleaning, painting, renewal, removal, dismantling or demolition of a building or structure being work that is done or to be done at or adjacent to the site of the building or structure, or where the building or structure is a ship or floating structure, that is done or to be done on or adjacent to the ship or floating structure in a dock or at a wharf or other place; (b) excavation work; (c) trenching work; and (d) compressed air work; " constructor " means a person who contracts with the owner of a project to perform otherwise than as a servant construction work involved in the project or, where- (a) more persons than one so contract with the owner; or

Construction Safety Act 1971, No. 31 485 (b) the owner undertakes construction work as an employer, means the owner of a project; " dogman " means a person who slings and directs the movement of loads handled by a crane on a project where such loads are not at all time in full view of the driver of the crane; " employer " means a person who in respect of a project has in his service one or more workmen and includes a person who is self-employed on a project; " excavation work " includes work in or in connexion with excavating for or preparing foundations for a building or structure other than work in or in respect of an excavation less than five feet in depth measured from the top of the excavation; " explosive-powered tool" means a tool whereby a stud, pin, dowel, screw, rivet, nail, spike, bolt or other object may be driven against, into or through any substance by means of an explosive charge and includes every attachment to and accessory of such a tool and every device used or adapted or intended to be used with such a tool; " falsework " means the structural supports and bracing for formwork and includes any arrangement of fixed or adjustable supports necessary for the support of any building components or structural components until they become self-supporting and able to support a superimposed load; " formwork " means any structure, whether temporary or otherwise, erected for the purpose of supporting concrete or other material of a similar kind; " gear" means any ladder, plank, chain, rope, hook, sling, hanger, yoke, fastening shackle, hoist, stay, brace, block, bracket, pulley, box, grab, trestle, swinging stage , boatswain's chair or other moveable contrivance of a similar kind used or intended to be used in connexion with construction work within the application of this Act; " hoisting appliance " means any appliance used or capable of being used to raise, lower, handle or carry a load in connexion with construction work within the application of this Act; " holder " means, when used in relation to a certificate of competency or a permit issued pursuant to section 52 of this Act, the person named in the certificate or permit as the person to whom it is issued; " inspector " means the Chief Inspector and any person who holds the appointment of inspector or public inspector for the purposes of this Act and includes any person who performs the whole or any part of the duties of an inspector; " Minister " means the Minister for Labour and Tourism and any other Minister of the Crown who at the material time is charged with the administration of this Act and includes any person who performs the duties of the Minister; " notifiable work " means construction work that is prescribed under this Act to be notifiable work;

486 Construction Safety Act 1971, No. 31 " owner " means- (a) in relation to a project, the person whose property it is or for whose direct benefit the project exists or will exist upon completion; (b) in relation to construction equipment, plant or materials the person whose property it is and any lessee , mortgagee, hirer or borrower thereof; " power-driven equipment " means equipment that is driven or operated by compressed air, internal combustion, electricity or other power not being human or animal power and includes any electrical equipment and wiring associated therewith, and any explosive-powered tool, but does not include any hoisting appliance; " project " means any plan or scheme that requires the performance of construction work for its fulfilment and includes the product of such a plan or scheme; 66 public stand " means a structure erected or set up temporarily to support persons assembled for the purpose of viewing or listening to a display or performance of any kind; " rigger " means a person who is responsible for the rigging and the safety of rigging involved in the erection, placing in position or dismantling of any building or structure, structural steel, plant, equipment or material (other than scaffolding) that requires the erection of tackle involving the use of wire or fibre rope or other gear for the purpose of lifting or moving any thing; " scaffolder " means a person who is responsible for the erection or demolition of scaffolding and who is the person to whom a certificate is issued under this Act that authorizes him to so act; 66 scaffolding " means any structure, staging or platform set up or used or intended to be set up or used for or in connexion with the performance of construction work within the application of this Act, or for or in connexion with the support or protection of workmen engaged therein and includes the materials used or to be used in the erection of such a structure, staging or platform; 66 serious bodily injury " means an injury that is the occasion for the injured person leaving or being taken from the site where he was injured to receive medical treatment and that is likely to incapacitate the injured person for work for a period of three days at the least; " shoring " means equipment or material used for the temporary support of any building or structure or any part thereof or of any excavation or trench; " site " means the place where construction work within the application of this Act is or is to be performed and includes any area within the immediate vicinity of such place where gear, plant, equipment or materials to be used in that work are kept, and any building or structure, bridge, wharf, road or way on or within such place or area or in the immediate vicinity thereof;

Construction Safety Act 1971, No. 31 487 " sub-contractor " means a person who contracts with a constructor to perform, otherwise than as a servant, construction work within the application of this Act and includes a person who contracts with a sub-contractor as so defined to so perform such work; " supporting structure " means a structure, structural member or foundation (including any part of a building or its foundations) that is subject to direct or indirect loading as a result of the installation or use of any construction equipment or public stand; " trench " means an excavation in the ground in which the vertical dimension from the . highest point of the excavation to a point level with the lowest point of the excavation exceeds the least horizontal dimension of the excavation, such dimensions being taken in a vertical plane at right angles to the longitudinal centre line of the excavation; " working platform " means that part of a scaffolding or other structure on which material may be stacked or workmen may be supported for the purpose of performing construction work; " workman " means a person who is working for hire or reward on a project and includes an apprentice, and an employer when engaged in the performance of work but, where the project concerns a ship, does not include a member of the crew of the ship. PART III-ADMINISTRATION 7. Administration of Act. (1) This Act shall be administered by the Minister and, subject to him by the Chief Inspector, the inspectors and other officers appointed for the purposes of this Act. (2) The Chief Inspector shall furnish annually to the Minister a report upon the operation of this Act throughout the year to which the report relates. 8. Appointment of inspectors . etc. (1) The Governor in Council may from time to time appoint a Chief Inspector of Construction Work and such other inspectors and other officers as he considers necessary for the effectual administration of this Act. Every such appointment shall be made under and in accordance with the Public Service Act1922-1968 and every person so appointed shall hold his appointment subject to that Act. (2) Where this Act prescribes a qualification for appointment to any position an appointment to that position shall not be made save of a person who possesses that qualification. 9. Qualification of inspectors . A person shall not be appointed an inspector, other than Chief Inspector, unless he has passed such examinations and possesses such qualifications as are prescribed. 10. Area of operations of inspector . The Governor in Council may from time to time nominate places throughout Queensland as centres in and from which inspectors shall administer this Act.

488 Construction Safety Act 1971, No. 31 11. Inspectors in particular cases. (1) Notwithstanding the provisions of section 9 of this Act the Minister may from time to time appoint- (a) any person to act as a public inspector in respect of such locality of Queensland as the Minister defines in the appointment for a period, not exceeding two years, specified in the appointment; (b) any person who is an inspector under The Inspection of Machinery Acts 1951 to 1966 or under the Factories and Shops Act 1960-1970 to be an inspector for such period as the Minister specifies in the appointment. (2) An inspector appointed under any provision of subsection (1) of this section shall perform such functions and duties and may exercise such powers as are from time to time assigned to him in writing by the Chief Inspector. (3) A person shall not be appointed an inspector under paragraph (a) of subsection (1) of this section unless he possesses, in the opinion of the Minister, sufficient qualifications to permit him to perform the functions and duties likely to be assigned to him by the Chief Inspector. 12. Certificates of appointment . Every inspector appointed for the purposes of this Act or under any provision of section 11 of this Act shall be furnished with a certificate of his appointment, signed by the Chief Inspector, which shall be sufficient evidence thereof. An inspector shall carry his certificate of appointment with him at all times while in the execution. of his duty and, if required so to do, shall produce it to a person in charge of a project at any site that he seeks to enter. 13. Functions of inspectors . The functions of an inspector are- (a) to promote the safety and welfare of workmen engaged in construction work within the application of this Act; (b) to advise and recommend to employers and workmen as to safe practices in respect of such work; (c) to ensure, as far as is practicable, that the provisions of this Act are complied with; (d) to take such steps as are practicable to prevent or limit the occurrence or repetition of accidents in connexion with such work; (e) to promote the safety and welfare of members of the public on any site; (f) to investigate and report on accidents that occur in connexion with such work; (g) to do such other acts and things as are prescribed. 14. General powers of inspectors . An inspector may- (a) at any reasonable hour by day or night enter upon and remain upon any site or upon any place wherein he reasonably suspects that construction work is being or is about to be performed;

Construction Safety Act 1971, No. 31 489 (b) inspect all construction work and make such other examination or inquiry as he considers necessary to establish whether the provisions of this Act are being complied with and whether safe practices are observed in respect of such work; (c) require of the person required by this Act to keep or exhibit the same the production of any record, notice or other writing pertaining to such work and make therefrom such copies and extracts as he desires; (d) require any person who appears to the inspector to be in charge of a project at any site to do all such acts as may assist the inspector in the discharge of his functions or the exercise of his powers under this Act; (e) call to his aid any member of the Police Force to assist him in the discharge of his functions or in the exercise of his powers under this Act and to overcome or forestall any obstruction that is or may be offered to him in such discharge or exercise. 15. Inspector ' s power to ascertain name and address. (1) An inspector who- (a) finds any person committing an offence against this Act; or (b) reasonably suspects any person of having committed an offence against this Act; or (c) is making an examination or inquiry with a view to establishing whether or not an offence against this Act has been or is being committed by any person; or (d) is questioning any person with respect to matters within the application of this Act, may require that person to state his name and address and may require the production of evidence of the correctness of a name or address given. (2) A person who, being required by an inspector to state his name or address- (a) fails to comply with the requisition; or (b) states a name or address that is false in any particular, commits an offence against this Act. (3) A person who, being required by an inspector to produce evidence as to the correctness of a name or address- (a) fails to comply with the requisition; or (b) produces evidence that is false in any particular, commits an offence against this Act. 16. Obstruction of inspector . (1) A person shall not- (a) assault , resist or obstruct an inspector in the exercise of his powers or the performance of his functions under this Act, or attempt so to do; (b) fail to answer a question put to him by an inspector for the purposes of this Act, or make a false or misleading answer to any such question; (c) fail to comply with a requisition, or any part of a requisition, directed to him by an inspector pursuant to this Act;

490 Construction Safety Act 1971, No. 31 (d) furnish information that is false or misleading in a material particular in response to a requisition directed to him by an inspector pursuant to this Act; (e) fail to allow an inspector to make a copy or copies of or an extract or extracts from a record, notice, or other writing produced by him in response to a requisition directed to him by an inspector pursuant to this Act or of any part thereof; (f) directly or indirectly prevent any person from appearing before and being questioned by an inspector, or attempt so to do; or (g) use any threat or abusive or insulting language to an inspector or to a workman that is connected with an inspection, examination or inquiry being made pursuant to this Act. (2) Notwithstanding any provision of this Act a person shall not be required, in respect of any matter within the application of this Act, to answer any question, furnish any information or produce any evidence that tends to incriminate himself. 17. Reports to be made and may be inspected . (1) An inspector who makes an inspection, examination or inquiry for the purposes of this Act shall report in writing thereon to the Chief Inspector. Such report shall comply with the requirements of the Chief Inspector as to its form and particularity and shall be filed in his office. (2) A copy of a report made pursuant to subsection (1) of this section shall be filed by the inspector who made it in the records of the office provided for the use of inspectors at the centre where he is stationed and shall be kept in such office or elsewhere as the Chief Inspector may direct for a period of five years at the least. (3) A person who satisfies the Chief Inspector or an inspector stationed at the centre where a copy of the report sought is kept pursuant to subsection-(2) of this section that- (a) he is a person who suffered serious bodily injury in the accident to which the report sought relates; or (b) he is the spouse of a person who was killed or suffered serious bodily injury in the accident to which the report sought relates; or (c) he is the legal personal representative of a person who was killed in the accident to which the report sought relates; or (d) he is the solicitor of a person who was killed or suffered serious bodily injury in the accident to which the report sought relates, and pays the prescribed fee shall be entitled to inspect a report made by an inspector pursuant to subsection (1) of this section in relation to an accident referred to in section 42 of this Act or, as the case may be, the copy of the report at a convenient place nominated by the Chief Inspector or, in default of such nomination, at the office of the Chief Inspector or such other inspector, and upon payment of the further prescribed fee shall be entitled to be furnished with a copy of or an extract from the report or, as the case may be, copy inspected by him.

Construction Safety Act 1971, No. 31 491 18. Preservation of secrecy. (1) Save where it is otherwise provided by this Act, an inspector shall not disclose any information relating to construction work that he has acquired in the course of his performance of his functions under this Act. (2) The provisions of subsection (1) of this section shall not be construed to prohibit an inspector from disclosing information therein referred to- (a) in the course of his duty for the purposes of this Act; (b) to the Minister or an officer of the. Crown for the proper administration of this Act; (c) when called as a witness in any proceeding wherein such information is relevant. 19. Protection from liability . Neither the Crown nor any inspector shall be civilly liable on account of anything done by an inspector pursuant to this Act, or done by an inspector in good faith purportedly for the purposes of this Act. An inspector shall not be criminally liable on account of anything done by him pursuant to this Act, or done by him in good faith purportedly for the purposes of this Act. This section shall not be construed to protect an inspector from his liability to be dealt with pursuant to the Public Service Act1922-1968 on account of any contravention of or failure to comply with any provision of that Act committed by him. PART IV-CONSTRUCTION SAFETY Division I-Duties of Constructor, Sub-Contractor, Employer and Workman 20. Duties of constructor . In respect of a project on which he is engaged a constructor shall- (a) ensure that the provisions of this Act are complied with or, as the case may be, are not contravened on the site; (b) ensure that all construction equipment used or to be used in or for construction work- (i) is suitably designed for safety in the use made or to be made of it; (ii) is erected and maintained in a safe and serviceable condition; (iii) is used and operated safely and competently and, where its use or operation is prescribed, as prescribed; (c) provide adequate lighting in all working areas and in all areas that give access to working areas; (d) cover over or provide a railing, suitable to secure safety, around all floor and wall openings; (e) provide railings, suitable to secure safety, on all stairs and landings; (f) provide protection, suitable to secure safety, about the perimeter of all floors; (g) provide safe and protected means of entrance to the site of construction work and to every building or structure therein; (h) provide protection for members of the public on the site; (i) ensure that the place where construction work is performed is kept in a tidy condition;

492 Construction Safety Act 1971, No. 31 (j) ensure that adequate precautions are taken against the occurrence of fire on the site; (k) provide such other safeguards and take such other safety measures as are prescribed. 21. Duties of sub-contractor . In respect of construction work on which he is engaged, a sub-contractor shall- (a) ensure that the provisions of this Act are complied with or, as the case may be, are not contravened on the site; (b) ensure that all construction equipment provided by him or by any servant of his and used or to be used in or for such construction work- (i) is suitably designed for safety in the use made or to be made of it; (ii) is erected and maintained in a safe and serviceable condition; (iii) is used and operated safely and competently and, where its use or operation is prescribed, as prescribed; (c) co-operate with the constructor to maintain a safe and tidy site. 22. Duties of employer . In respect of construction work on which he is engaged , an employer shall- (a)-provide and maintain such construction equipment, working places and other equipment or things as may be necessary for the safe performance of such construction work and, where its provision or maintenance is prescribed, as prescribed; (b) where he requires or permits his workmen to use or operate any construction equipment or other equipment or things or facilities of a person other than the employer, ensure that the items or facilities so used or operated are in a safe condition, and adequately guarded against the occurrence of injury or damage that could occur by reason of the use or malfunction thereof; (c) where this Act so requires it, provide for each workman employed by him while the workman is engaged on such construction work such protective clothing and equipment as is prescribed; (d) ensure the safety of his workmen on the site; (e) instruct his workmen (particularly new workmen and apprentices) in their duties and as to dangers associated with the construction work on which they are engaged; (f) ensure that all construction equipment, working places and other equipment used by his workmen engaged on such construction work are used safely and competently. 23. Duties of workmen . A workman engaged on construction work- (a) shall so act on the site that he does not endanger the safety of himself or of any other person; (b) shall wear or, as the case may be, use as prescribed protective clothing or equipment provided for him; (c) shall carry out such protective or safety measures on the site as are required by this Act or are required of him by an inspector pursuant to this Act; (d) shall not, without his employer's permission, remove from the site any construction equipment or other equipment provided in compliance with this Act.

Construction Safety Act 1971, No. 31 493 Division II-Prevention of Accidents 24. Standard of scaffolding , etc. (1) A person shall not erect, maintain or use any construction equipment for or in connexion with construction work unless- (a) it is of a description and a standard prescribed and is erected, maintained or, as the case may be, used in accordance with this Act; or (b) it is of a description and a standard approved by the Chief Inspector and is erected, maintained or, as the case may be, used as approved by him. (2) A person shall not make, sell, let or hire, part with possession of for valuable consideration, lend or dispose of to another construction equipment unless- (a) it is of a description and a standard prescribed; or (b) it is of a description and a standard approved by the Chief Inspector. 25. Inspector ' s power to secure compliance with Act, etc. (1) If it appears to an inspector that on any site- (a) any construction equipment is erected, maintained or used otherwise than in accordance with this Act; or (b) the use or operation of any construction equipment is likely to cause loss of life or serious bodily injury to any person or damage to property, he shall give to the constructor, or to the sub-contractor concerned, or to the employer concerned (according as the inspector deems sufficient) directions in writing to do such things as the inspector considers necessary to secure compliance with this Act or, as the case may be, to remove the likelihood of such loss of life, injury or damage, and shall therein specify a time within which the directions are to be complied with. (2) Subsection (1) of this section does not apply where an inspector exercises the power of seizure conferred on him by section 28 of this Act. 26. Inspector's power to secure use of scaffolding , etc. If it appears to an inspector that a workman' s engaging in construction work on any site without using any or sufficient construction equipment is likely to cause loss of life or serious bodily injury to any person or damage to property, the inspector shall give to the constructor, or to the sub-contractor concerned or to the employer concerned (according as the inspector deems sufficient) and to the workman directions in writing that the construction equipment therein specified be used for or in connexion with the construction work, and shall therein specify a time within which the directions are to be complied with. 27. Inspector ' s power to secure taking of precautions . If it appears to an inspector that on any site any person is exposed to risk of death or serious bodily injury and that it is practicable to protect that person from that risk by means of a fence, guard, screen, net, rope, scaffolding or other reasonable precaution, or by providing him with protective clothing or equipment the inspector shall give to the constructor, or to the sub-contractor concerned or to the employer concerned (according as the inspector deems sufficient) directions in writing to take such precautions as the inspector considers necessary to remove or reduce such risk and shall therein specify a time within which the directions are to be complied with.

494 Construction Safety Act 1971, No. 31 28. Inspector ' s power to seize scaffolding , etc. (1) If it appears to an inspector that any construction equipment on any site is so defective as to be likely to cause loss of life or serious bodily injury or damage to property he may seize the construction equipment or the part thereof that is defective (according as the inspector deems sufficient) and for that purpose may dismantle the equipment or cause the same to be dismantled. (2) A person required by an inspector to dismantle any construction equipment for the purpose of this section shall comply with the requisition forthwith. 29. Inspector ' s powers ancillary to his giving directions. (1) An inspector may include in directions given by him pursuant to section 25, 26 or 27 of this Act, or may subsequently give to any person (whether the person to whom he gave those directions or another) a direction in writing- (a) to refrain from using or operating any construction equipment to which the directions relate; (b) to refrain from performing construction work in respect of which the directions are given and any other construction work in the vicinity that is likely to cause loss of life or serious bodily injury to any person or damage to property unless those directions are complied with; (c) to refrain from using, and to prevent the use of any site, building or structure or public stand in respect of which the directions are given, until the directions given under any of those sections are complied with. (2) If it appears to an inspector that any construction equipment on any site is so defective as to be likely to cause loss of life or serious bodily injury to any person or damage to property he may give a direction in writing to the person whose property it is to destroy the same or the part thereof that is defective (according as the inspector deems sufficient) and, if he does so, shall therein specify a time within which the direction is to be complied with. 30. Inspector's direction to be complied with . (1) A person to whom an inspector has given a direction pursuant to any provision of this Division shall comply with the direction within the time therein specified. (2) A person shall be taken not to have committed an offence by reason of his failure to comply with an inspector's direction within the time specified if he shows- (a) that in the case of a direction given in respect of construction work, such work was abandoned upon receipt of the direction; or (b) that in the case of a direction given in respect of construction equipment, the construction work for or in connexion with which the equipment was to be used was abandoned upon receipt of the direction; or (c) that in any case an appeal against the direction was duly made pursuant to this Act within such time. 31. Appeal against direction or seizure . (1) A person who is aggrieved by an inspector's direction given to him or by an inspector's seizure made from him pursuant to any provision of this Division may appeal against the direction or seizure to the Chief Inspector as prescribed by this section and not otherwise.

Construction Safety Act 1971, No. 31 495 (2) An appeal shall be instituted by lodging the prescribed form, duly completed by or on behalf of the appellant, with the Chief Inspector at his office in Brisbane within 14 days after the giving of the direction or, as the case may be, the making of the seizure. (3) Upon an appeal being duly instituted the Chief Inspector shall appoint a time when and place where he will hear the appeal and shall cause written notice of such time and place to be given to the appellant and'to the inspector concerned. Such time shall be as soon as is practicable after the institution of the appeal. (4) Upon the hearing of an appeal the appellant and the inspector shall be entitled to be heard and to adduce from witnesses such evidence as is relevant to the issue save where he fails to appear at the time and place appointed for hearing the appeal. (5) The Chief Inspector may, after hearing an appeal,- (a) where the appeal is against an inspector's direction, (i) confirm the direction; (ii) revoke the direction; or (iii) vary the direction in any way he thinks fit; (b) where the appeal is against an inspector's seizure, (i) confirm the seizure; or (ii) order that the construction equipment seized be returned to the person from whom it was seized. (6) A person who is aggrieved by a decision of the Chief Inspector on an appeal may appeal to an industrial magistrate. Jurisdiction is hereby conferred on industrial magistrates to hear and determine such appeals. (7) An appeal to an industrial magistrate shall be instituted within 14 days after the person aggrieved is informed of the Chief Inspector's decision and shall be instituted, heard and determined in manner prescribed or, in so far as it is not prescribed, as the industrial magistrate directs. (8) The industrial magistrate may, after hearing an appeal, make thereon a determination such as the Chief Inspector is empowered by subsection (5) of this section to make on an appeal to him against an inspector's direction. (9) The decision of the Chief Inspector on an appeal is final and shall be given effect to- (a) where an appeal against his decision is not duly instituted; or (b) where an appeal duly instituted is struck out by an industrial magistrate for want of prosecution (the industrial magistrate being hereby empowered so to do). The decision of an industrial magistrate on an appeal is final and shall be given effect to. 32. Consequences of appeal . (1) When an appeal against an inspector's direction or against a decision of the Chief Inspector on appeal has been duly instituted- (a) a person shall not use or operate or permit to be used or operated any construction equipment to which the direction relates until the appeal is determined or is struck out, as the case may be;

496 Construction Safety Act 1971, No. 31 (b) a person shall not perform or permit to be performed any construction work in respect .of which the direction is given until the appeal is determined or is struck out, as the case may be. (2) Where the Chief Inspector or an industrial magistrate on appeal confirms or varies an inspector's direction he shall appoint a time within which the direction is to be complied with and- (a) in the case of a variation, the direction as so varied shall be deemed to be the direction given to the appellant; (b) in both cases, the time so appointed shall be deemed to be the time specified in the direction given by the inspector. (3) Where the Chief Inspector or an industrial magistrate on appeal revokes an inspector's direction it shall be deemed that the direction had not, at any time, been given. 33. Consequences of seizure . (1) Any thing seized by an inspector pursuant to section 28 of this Act shall be kept by the inspector until the expiration of the time limited by this Act for the institution of an appeal or, if an appeal is duly instituted, until the determination of the appeal and upon, in the former case, such expiration or, in the latter case, a determination that confirms the seizure the thing seized shall be forfeited to the Crown and may be disposed of as the Chief Inspector at any time directs. (2) Neither the Crown nor any inspector shall be liable on account of damage to or destruction of any thing seized by an inspector that occurs, without intent of the inspector, during the time it is kept by him pursuant to subsection (1) of this section. 34. Revocation of inspector ' s direction . An inspector may at any time by writing revoke any direction given by him pursuant to a provision of this Division. 35. Service of inspector ' s direction . If a constructor, sub-contractor or employer is not on the site when an inspector seeks to give to him directions pursuant to a provision of this Division the directions may be given to the person who appears to the inspector to be in charge of the construction equipment or the construction work to which the directions relate and shall be deemed to have been given to the constructor, sub-contractor or employer to whom they are directed. The person to whom directions are given pursuant to this section shall, as soon as is practicable, bring them to the knowledge of the constructor, sub-contractor or employer to whom they are directed. 36. Injunction to secure compliance with inspector ' s directions and this Act. (1) Where it appears to the Industrial Conciliation and Arbitration Commission established by The Industrial Conciliation and Arbitration Acts 1961 to 1964 that a constructor, sub-contractor or employer to whom an inspector has given directions pursuant to any provision of this Division- (a) has failed to comply with the directions and thereby has committed an offence against this Act; or

Construction Safety Act 1971, No. 31 497 (b) having instituted an appeal against the directions given to him by an inspector, or against any of them, or against the Chief Inspector's decision on appeal concerning the same, has failed to comply with section 32 of this Act or is likely to fail to comply with that section, the Commission may, on the application of the Chief Inspector, make such order as it thinks just and necessary in the nature of a mandatory or restrictive injunction or otherwise to secure compliance with the directions or, as the case may be, with this Act. (2) The Commission may in its discretion direct an order made pursuant to subsection (1) of this section to such of them the constructor, sub-contractor or employer in respect of the project or construction work to which the inspector's directions relate and may enjoin the person or persons to whom it is directed from proceeding further with the project or the construction work either for a limited period or indefinitely. (3) The power conferred on the Commission by this section may be exercised by a member of the Commission in chambers but an order so made by a Commissioner may be discharged or varied by the full bench of the Commission upon the application of any person affected thereby. (4) A person to whom an order made pursuant to subsection (1) of this section is directed shall not, after he has received notice of the order; contravene the order or permit the same to be contravened. The form of such notice and the mode of service thereof shall be in the discretion of the Commission. (5) A person to whom an order made pursuant to subsection (1) of this section is directed who contravenes the order or permits the same to be contravened- (a) commits an offence; (b) may be prosecuted for that offence by way of proceedings in the Industrial Court constituted under The Industrial Conciliation and Arbitration Acts 1961 to 1964 as if the offence were against a provision of that Act; and (c) is liable to a penalty of $5,000 and, in addition, to a penalty of $50 for each day during which the contravention continues. (6) Every proceeding taken for the purposes of this section shall be taken subject to and in accordance with The Industrial Conciliation and Arbitration Acts 1961 to 1964 and the Rules of Court made under those Acts the provisions whereof shall, subject to this section, apply accordingly. Division III-Notifiable Work 37. Declaration of notifiable work. The Governor in Council may prescribe any construction work or class of construction work that, in his opinion, is likely to be dangerous for workmen engaged therein to be notifiable work for the purposes of this Act. In the exercise of the power conferred on him by this section it shall be competent to the Governor in Council to prescribe as notifiable work all construction work save such work or classes of work as are specified by him.

498 Construction Safety Act 1971, No. 31 38. Notifiable work to be notified before commencement. A constructor, sub-contractor or employer shall not commence any construction work that is notifiable work unless he has first notified the Chief Inspector, as prescribed, of the nature of the work and of the time when he intends to commence it. 39. Mode of notification . A notification given in relation to notifiable work shall be in the prescribed form, shall be given to the Chief Inspector at least twenty-four hours before the time- when it is intended to commence the work and shall be accompanied by the prescribed fee. 40. Contravention of s. 38 not an offence in certain circumstances. A person shall be taken not to have committed an offence against this Act on account of his contravention of section 38 of this Act if he shows- (a) that the notifiable work was commenced to meet an emergency created by explosion, collision, fire, rain, flood, lightning, wind or earthquake; and (b) that it was impracticable in the circumstances in which the work was commenced to give the notification as prescribed; and (c) that the notification was given in the prescribed form and the prescribed fee paid as soon as practicable after the work was commenced. 41. Approval by Chief Inspector of method of work . (1) A constructor, sub-contractor or employer may, before commencing construction work that is notifiable work, apply in writing to the Chief Inspector to approve of the method by which the work is to be done and of the use of particular construction equipment to be used for or in connexion with the work. (2) If the Chief Inspector is satisfied that the applicant has supplied him with sufficient detail of the proposed method of work or, as the case may be, the equipment proposed to be used he shall determine the matter of the application and notify the applicant i n writing of grant or refusal of his approval. (3) A constructor, sub-contractor or employer shall not perform construction work that is notifiable work in relation to which an application is made under subsection (1) of this section by a method of work or with construction equipment of which the Chief Inspector has refused to approve. Division IV-Investigation of Accidents 42. Notice of accidents . Notice shall be given as prescribed to the Chief Inspector of the occurrence of every accident that arises out of or in connexion with the performance of construction work and that- (a) causes loss of life or serious bodily injury to any person; or (b) involves the breakage, distortion or damage of any power driven equipment, load bearing part of scaffolding, supporting structure, gear, hoisting appliance, public stand, shoring, formwork or falsework. Such notice shall be in the prescribed form and shall be given as prescribed by the provisions of this Division.

Construction Safety Act 1971, No. 31 499 43. Immediate notice concerning loss of life. As soon as possible after the occurrence of an accident that causes loss of life the person required by this Division to give written notice of the occurrence pursuant to section 45 of this Act shall in addition give to the Chief Inspector or to any other inspector by the quickest means of communication available to him all information concerning the accident then available to him. 44. By whom notice to be given . A notice shall be given of the occurrence of an accident that causes loss of life or serious bodily injury- (a) where the accident has happened to a workman engaged in or in connexion with the construction work concerned, by the employer of the workman; (b) where the accident has happened to any other person, by the constructor. 45. Time for giving notice . Where the accident causes loss of life or serious bodily injury the employer or, as the case may be, the constructor shall give the prescribed written notice within twenty-four hours after the occurrence of the accident. 46. Notice of accident affecting scaffolding , etc. Where the accident is one described in paragraph (b) of section 42 of this Act notice of its occurrence shall be given within twenty-four hours after the occurrence by the person, whether he be constructor, sub-contractor, employer or workman who, when the accident occurred was controlling the use or operation of the construction equipment or public stand concerned. 47. Scene of accident not to be interfered with . Upon the occurrence of an accident that is required by this Division to be notified to the Chief Inspector a person shall not move or otherwise interfere with any construction equipment or public stand or other thing involved in the accident unless he first obtains the permission of an inspector or, if an inspector is not available, a member of the Police Force save where such movement or interference is necessary to save life or relieve suffering or to prevent damage to property. 48. Offence not to report as prescribed . A person who, being required by this Division to notify an accident, fails to do so as prescribed commits an offence against this Act. 49. Inspector ' s duty on receipt of notice . (1) Upon receipt of notice of an accident pursuant to this Division the Chief Inspector or any other inspector nominated by him shall enquire as he considers necessary into the circumstances of the accident with a view to establishing the cause thereof and shall make a written report of his findings, which, in the case of an inspector other than the Chief Inspector, shall be made to the Chief Inspector. (2) In discharging his duty under this section an inspector may require any person to inform him of what that person knows concerning the accident.

500 Construction Safety Act 1971, No. 31 50. Board to investigate accidents . (1) The Minister may, from time to time, set up a Board of Reference charged with the function of investigating, determining and reporting on the cause of the accident- (a) that is required by this Division to be notified to the Chief Inspector; and (b) that the Minister refers to it. (2) In the discharge of its function a Board of Reference shall enquire into the circumstances and possible causes of the accident and shall make its findings in writing to the Minister and for this purpose the Board shall be deemed to be a Commission within the meaning of The Commissions of Inquiry Acts 1950 to 1954 and its members shall be deemed to be Commissioners within the meaning of those Acts. (3) A Board of Reference shall consist of three members appointed by the Minister of whom- (a) one shall be chairman appointed as such by the Minister; (b) one shall be a representative of the constructor, sub-contractors and employers concerned in the construction work on the site where the accident occurred; (c) one shall be a representative of the workmen engaged in and in connexion with the construction work on the site where the accident occurred. Division V-Certificates of Competency 51. Restricted employment in certain occupations . (1) On and from a date to be appointed by the Minister by notification published in the Gazette- (a) a constructor, sub-contractor or employer shall not engage any person in the occupation of- (i) dogman; (ii) explosive-powered tool operator; (iii) hoist driver; (iv) rigger; (v) scafl°older; or (vi) any other prescribed class of worker; and (b) a person shall not engage in any of the occupations referred to in the preceding paragraph (a), unless that person- (c) is the holder of a subsisting certificate of competency issued under this Division by the Chief Inspector that certifies his competence in the occupation in which he is engaged or of a subsisting permit issued under this Division by the Chief Inspector that authorizes him to engage as a learner in the occupation in which he is engaged; and (d) is engaged in such occupation in accordance with any restrictions or conditions to which the certificate or permit is for the time being subject. (2) Subsection (1) of this section shall not at any time apply in respect of- (a) the engagement of a person who is not the holder of a certificate of competency as a scaffolder in the erection or demolition of scaffolding or gear in the case of a wooden

Construction Safety Act 1971, No. 31 501 dwelling-house of one storey in height, or in the case of any other building or structure not exceeding fifteen feet in height; or (b) the engagement of competent workmen, not exceeding four in: number or, where the Chief Inspector has in a particular case approved of a number in excess of four, not exceeding the number approved, as assistants to a holder of a certificate of competency as a rigger or a scaffolder where such rigger or scaffolder is present on the job and has charge of the assistants during the performance of their duties. 52. Grant of certificate or permit . (1) Any person who seeks a certificate of competency so that he may engage in any of the occupations referred to in section 51 of this Act or a permit so that he may engage as a learner in any of those occupations shall apply to the Chief Inspector in the prescribed form and shall otherwise comply with the provisions of this Act relating thereto. (2) The Chief Inspector shall grant to an applicant for a certificate of competency the certificate sought if the applicant satisfies him- (a) that the applicant is of or above the age of 18 years; (b) that the applicant is not subject to deafness, defective sight, epilepsy or other infirmity such as to render him unfit to perform duties under the authority of the certificate for which he applies; (c) that the applicant is trustworthy and competent to perform duties under the authority of the certificate for which he applies; (d) that the applicant has passed such examination as is prescribed; and (e) that the applicant has paid the fee prescribed in respect of the certificate. (3) The Chief Inspector shall grant to an applicant for a permit the permit sought if the applicant satisfies him- (a) that the applicant is of or above the age of 18 years; (b) that the applicant is not subject to deafness, defective sight, epilepsy or other infirmity such as to render him unfit to perform duties in the occupation specified in his application; (c) that the applicant is trustworthy to perform duties under the authority of the permit for which he applies; and (d) that the applicant has paid the fee prescribed in respect of the permit. 53. Certificates and permits subject to conditions . (1) The holder of a permit that authorizes a person to engage in an occupation shall, while he is so engaged , be under the charge of a person who is the holder of a certificate of competency issued by the Chief Inspector in respect of that occupation. (2) The Chief Inspector may- (a) upon the grant of a certificate or permit or at any time thereafter, subject the same to such conditions as he thinks fit; and

502 Construction Safety Act 1971, No. 31 (b) from time to time vary the conditions to which a certificate or permit is subjected at the material time, and the certificate or permit shall be taken to be subject to the conditions imposed or, as the case may be, varied at the material time by the Chief Inspector. The conditions to which a certificate or permit is for the time being subject pursuant to this subsection shall be particularized therein and upon any variation therein the Chief Inspector may require the holder to surrender the certificate or permit for the purpose of having the variation recorded therein. A holder of a certificate or permit who fails to comply forthwith with such a requisition shall thereby render the certificate or permit liable to revocation pursuant to section 55 of this Act. 54. Restriction on holder of limited experience . (1) Where it appears to the Chief Inspector from the material furnished to him by the applicant for a certificate of competency or it otherwise comes to the notice of the Chief Inspector that the experience of the applicant has been limited in any particular and that on that account the authority conferred by his certificate should be restricted in any respect the Chief Inspector may subject the certificate to such restrictive condition as he thinks fit. If the holder of a certificate so restricted at any time satisfies the Chief Inspector that he has acquired such further experience as to make it appear that the restriction is no longer appropriate, the Chief Inspector shall either delete or vary the restriction as the case may require. (2) In respect of such a restriction and every variation therein the provisions of subsection (2) of section 53 of this Act shall apply and be complied with as if it were a condition or, as the case may be, a variation therein imposed or effected pursuant to that subsection. 55. Revocation of certificate and permit . (1) If it appears to the Chief Inspector that the holder of a certificate or a permit- (a) has been convicted of an offence against this Act; (b) has shown himself to be incompetent or inefficient in the occupation in respect of which he holds the certificate or permit; (c) has become subject to deafness, defective sight, epilepsy or other infirmity that renders him unfit to perform duties under the authority of the certificate or permit; (d) has infringed any restriction or condition to which the certificate or permit is subject; or (e) has rendered the certificate or permit liable to be revoked for any other prescribed cause, the Chief Inspector may call upon the holder in writing to show cause, at a time and place appointed by the Chief Inspector and notified to the holder, why the certificate or permit should not be revoked. (2) If the holder called upon to show cause fails to show cause, or does not show cause sufficient in the Chief Inspector's opinion the Chief Inspector may revoke or, in his discretion, suspend for a limited period the certificate or permit. A suspension of a certificate or permit shall be for such period as the Chief Inspector thinks fit.

Construction Safety Act 1971, No. 31 503 (3) Cause may be shown- (a) by the holder of the certificate or permit appearing in person before the Chief Inspector and being heard; or (b) in writing. Where as a result of a show cause proceeding the Chief Inspector proposes to cancel or suspend a certificate or permit of a holder who has not appeared in person in that proceeding he shall first inform the holder of his proposal and offer the holder the opportunity of appearing before him at a time and place appointed by him and being heard. 56. Appeals concerning certificates and permits . (1) A person who is aggrieved by a decision of the Chief Inspector to refuse to grant a certificate or a permit under section 52 of this Act or to revoke or suspend a certificate or a permit under section 55 of this Act may appeal to an industrial magistrate. Jurisdiction is hereby conferred on industrial magistrates to hear and determine such appeals. (2) An appeal shall be instituted within 21 days after the person aggrieved is informed of the Chief Inspector's decision and shall be instituted, heard and determined in manner prescribed or, in so far as it is not prescribed, as the industrial magistrate directs. (3) Upon an appeal the industrial magistrate may affirm, rescind or vary the decision of the Chief Inspector whereupon the industrial magistrate's decision shall be deemed to be that of the Chief Inspector and shall be final and conclusive. 57. Surrender of revoked or suspended certificate or permit . (1) When a certificate or permit is revoked or suspended pursuant to section 55 or 56 of this Act the holder thereof- (a) shall within 21 days of his being informed of the revocation or suspension by decision of the Chief Inspector; (b) forthwith upon his being informed of the revocation or suspension by decision of the industrial magistrate, surrender the certificate or permit to the Chief Inspector save, in the case of a decision by the Chief Inspector, where he duly institutes an appeal against the decision. A certificate or permit surrendered to the Chief Inspector shall, in the case of revocation, be cancelled by him and shall, in the case of suspension , be held by him until the period of suspension has expired. (2) A person who fails to surrender a certificate or permit to the Chief Inspector as prescribed by subsection (1) of this section commits an offence against this Act and is liable to a penalty of $100. Division VI-Safety Officers and Bodies 58. Project Safety Officer . (1) The constructor of construction work- (a) on which thirty or more persons are engaged at the one time; or (b) for the site whereof a Safety Committee referred to in section 62 of this Act is set up; or (c) of a type prescribed, shall appoint for the site of the work a person who shall be designated the Project Safety Officer.

504 Construction Safety Act 1971, No. 31 (2) The Project Safety Officer- (a) shall be responsible to the constructor for over-all safety on the site; (b) shall have knowledge of safe construction methods material to the project; (c) shall have authority to require sub-contractors and employers to adopt such methods and follow such practices as will, in his opinion, ensure the safety of the workmen and the site; (d) shall have such qualifications and shall perform such functions as are prescribed. (3) The appointment and identity of every Project Safety Officer shall be notified to the Chief Inspector. The Project Safety Officer shall act as liaison officer between the constructor and the inspector who visits the site. 59. Safety Representative . (1) The workmen engaged on a site of construction work to which subsection (1) of section 58 of this Act applies may together elect for the site a person who shall be designated the Safety Representative. (2) Unless it is otherwise agreed between the constructor of the construction work concerned, the employees engaged in or in connexion with that work, and the Chief Inspector only one Safety Representative shall be elected for each site. 60. Qualification of Safety Representative. A person shall not be qualified to be a Safety Representative and, if elected as such, shall not be recognized as such unless- (a) he has had at least six years' experience in construction work during the ten years immediately preceding his election as Safety Representative; and (b) he possesses such other qualifications (if any) as are prescribed. For the purpose of assessing a Safety Representative's experience in construction work regard shall be had only to experience gained since he attained the age of eighteen years. 61. Entitlement and duties of ' Safety Representative . (1) A Safety Representative shall be entitled to make an inspection once in each week of all parts of the site for which he is Safety Representative and to report to the Project Safety Officer all matters that, in his opinion, concern the safety or welfare of the workmen on the site. (2) A Safety Representative shall perform such duties as are prescribed. 62. Safety Committee. (1) If- (a) the Chief Inspector is of opinion that construction work on a particular site is or is likely to be especially dangerous to workmen engaged on the site; and (b) a Safety Committee, voluntarily set up, does not exist for the site, the Chief Inspector may give to the constructor of the construction work a direction that a Safety Committee be set up for the site.

Construction Safety Act 1971, No. 31 505 (2) A constructor to whom the Chief Inspector's direction is given pursuant to subsection (1) of this section shall forthwith cause to be set up a Safety Committee constituted as is prescribed. (3) The members of a Safety Committee shall, in respect of the site for which the committee is set up, perform such functions and discharge such duties as are prescribed. 63. Building Construction Industry Safety Council . Whenever a Building Construction Industry Safety Council, constituted as determined from time to time by the Minister, exists, it shall consider all matters that concern safety within the building construction industry and that are referred to it by the Minister or are otherwise brought to its notice and shall report to the Minister on its deliberations and make to him such recommendations as it thinks necessary with a view to securing such safety. PART V-REGULATION MAKING POWER 64. Regulations may be made . (1) The Governor in Council may make regulations not inconsistent with this Act for all or any of the following purposes:- (a) Officers . Providing for and regulating- (i) the powers and duties of the Chief Inspector and other inspectors and other officers appointed for the purposes of this Act; (ii) the extent to which the Chief Inspector, other inspectors and such other officers may, in the exercise of their powers and the discharge of their duties, interfere with the performance of work or processes on any site; (iii) the qualifications for appointment to the office of an inspector, cadet inspector or other officer appointed for the purposes of this Act, and the furnishing by applicants for such appointment of satisfactory evidence of their competence by way of competitive examination; ( b) Forms. Prescribing the form and manner of giving, granting, keeping or making orders, notices, plans, records, applications and other documents for the purposes of this Act; (c) Certificates of competency . Providing for and regulating- (i) the subject-matter, conduct and standards of examinations to qualify applicants for certificates of competency under this Act and other matters incidental to the holding of such examinations; (ii) the granting, suspension and cancellation of certificates of competency and permits to learners, and the issue of fresh certificates or permits in lieu of any of them that have been lost or destroyed or whereon the particulars have become illegible; (d) Fees. Prescribing the fees payable under this Act and the purposes for which and the circumstances in which such fees are payable; (e) Scaffolding . Providing for and regulating- (i) the construction, dismantling and demolition of scaffolding and gear;

506 Construction Safety Act 1971, No. 31 (ii) the manner in which construction equipment shall be set up, built, maintained, used, dismantled and demolished; (iii) the placing and use of gear so as to ensure the safety of persons who use it or who are likely to be injured in an accident involving it; (f) Notice. Providing for and regulating- (i) the giving to an inspector of notice before the commencement of notifiable work; (ii) the giving to an inspector of information with respect to the estimated, interim and final cost of notifiable work, and the manner and time of giving that information; (g) Safety. Prescribing and regulating the taking of measures and precautions to secure- (i) the safety and welfare of persons engaged in the construction of, or in work that involves the use of a roof of any building or structure which roof is to be or is sheathed with asbestos cement or other brittle material; (ii) the safety and welfare of persons engaged in the erection of skeletal steel-framed buildings or any other building or structure; (iii) the safety and welfare of persons engaged in the demolition of any building or structure; (iv) the safety and welfare of members of the public during the performance of construction work; (v) the safety and welfare of persons on any site; (vi) the safety and welfare of persons engaged in compressed air work or diving work; (vii) the prevention of fires on any site; (h) Danger from weakened buildings . Prescribing and regulating the taking of measures and precautions to secure the safety of persons and the preservation of property where a building or structure- (i) has been damaged or otherwise affected by explosion, collision, fire, rain, flood, lightning, wind or earthquake; or (ii) is weakened or otherwise affected, temporarily or permanently, by the performance of construction work; (i) Explosive - powered tools . Prescribing and regulating- (i) the description or type of explosive-powered tools that may be used in or in connexion with construction work; (ii) the taking of measures and precautions to secure the safety of persons using or associated with the use of explosive-powered tools; (j) Practice on appeals . Providing for the practice and procedure upon appeals to the industrial magistrate or to the Chief Inspector instituted pursuant to this Act, and providing for the award of costs therein and the recovery of such costs awarded; (k) Matters required to be prescribed. Providing for all matters that, by this Act, are required or permitted to be prescribed; (1) Matters to secure objects of Act. Providing for all matters that in the opinion of the Governor in Council are necessary or convenient to secure the proper administration of this Act or to achieve the objects and purposes of this Act;

Construction Safety Act 1971, No. 31 507 (m) Abstracts of Act. Providing for the exhibiting of copies of or abstracts from this Act in prescribed places by prescribed persons. (2) Where by this section the Governor in Council is empowered to regulate with respect to any matter he shall thereby be empowered to prohibit with respect to that matter. 65. Publication , etc. of regulations . (1) A regulation made under this Act- (a) shall be published in the Gazette; (b) shall, upon publication, be judicially noticed and such publication shall be conclusive evidence of the matter contained therein; (c) shall take effect from the date of such publication unless a later date is specified in the regulation for its commencement when, in such event it shall take effect from that later date; and (d) shall be laid before the Legislative Assembly within 14 sitting days after such publication if the Assembly is in session and, if not, then within 14 sitting days after the commencement of the next session of the Assembly. (2) If the Legislative Assembly passes a resolution of which notice has been given at any time within 14 sitting days after a regulation has been laid before it disallowing the regulation or any part of it that regulation or part shall thereupon cease to have effect but without prejudice to the validity of anything done or omitted thereunder in the meantime or to the making of a further regulation. (3) In this section the expression " sitting days " means days on which the Legislative Assembly sits for the despatch of business. 66. Regulations may adopt standards . The regulations may adopt, wholly or in part and either by way of reference or by way of express specification therein, any of the standard rules, codes or specifications of the bodies known as the Standards Association of Australia, the British Standards Institution or a like body identified in the regulations. PART VI-MISCELLANEOUS PROVISIONS Division I-Fraudulent Practices 67. Forgery of certificates , etc. (1) A person shall not- (a) forge a certificate or permit required or permitted by this Act to be issued or held for any purpose; (b) use or deal with or induce another to use, deal with or act upon a certificate or permit required or permitted by this Act to be issued or held for any purpose knowing the same to have been forged; (c) use or deal with or induce another to use, deal with or act upon as applying to any person a certificate or permit required or permitted by this Act to be issued or held for any purpose knowing the same not to apply to that person; (d) impersonate a person named in a certificate or permit required or permitted by this Act to be issued or held for any purpose; .(e) hold himself out as an inspector unless he is appointed under this Act as an inspector;

508 Construction JaJety Act 1971, No. 31 (f) hold himself out as a Project Safety Officer or a Safety Representative for a site unless he is appointed or, as the case may be, elected as such for the site under this Act; (g) connive at a contravention of any of the preceding paragraphs of this subsection; (h) make a false entry in any register, book, record, notice, direction, certificate, permit or other writing required or permitted by this Act to be kept, exhibited, given, issued or held; (i) make or sign a declaration required by this Act that is false in a material particular; (j) make use of or induce another to make use of or act upon a declaration or an entry in any register, book, record, notice, direction, certificate, permit or other writing required or permitted by this Act to be made, kept, exhibited, given, issued or held, knowing the same to be false. (2) For the purposes of subsection (1) of this section- (a) the term " forge " has the meaning assigned to that term by section 486 of The Criminal Code; (b) a licence that is, by section 3 of this Act, to be deemed a certificate of competency issued pursuant to section 52 of this Act shall be deemed to be such a certificate required by this Act to be held for the purpose for which the licence is held. Division 11-Liability, for Offences 68. General penalty. (1) A person who contravenes or fails to comply with any provision of this Act or any direction or requisition of an inspector given to him pursuant to this Act commits an offence against this Act. (2) Save where this Act otherwise prescribes, a person who is convicted of an offence against this Act is liable to a penalty of $500. 69. Particular penalty. (1) A person who is convicted of an offence against this Act that consists of a contravention of or failure to comply with any provision of section 20, 21 or 22 of this Act or any direction of an inspector given to him pursuant to this Act- (a) in the case where as a consequence of the contravention or failure to comply loss of life of any person or serious bodily injury to any person has occurred, is liable to a penalty of $5,000; (b) in the case where the contravention or failure to comply is of such a nature that it may be committed from day to day, is liable, in addition to any other penalty to which he is liable under this Act, to a penalty of $20 for each day during which it is continued as from the date of its occurrence until the date on which he is convicted of the offence or until the date on which the default is rectified, whichever date is the earlier. (2) A person who, being convicted of an offence against this Act that consists of a contravention or failure to comply of such a nature that it may be committed from day to day, thereafter continues that offence may be prosecuted from time to time for an offence against this Act that consists of the same contravention or failure to comply and is liable to a penalty of $50 for each day during which it is continued as from

Construction Safety Act 1971, No. 31 509 the date on which he was last convicted thereof until the date on which he is convicted or on which the default is rectified, whichever date is the earlier. 70. Proceedings re offences . (1) A prosecution for an offence against this Act shall be by way of summary proceedings before an industrial magistrate within the meaning of The Industrial Conciliation and Arbitration Acts 1961 to 1964. Jurisdiction is hereby conferred on such industrial magistrates to hear and determine such proceedings. (2) A person aggrieved by a decision of an industrial magistrate in proceedings brought pursuant to subsection (1) of this section who desires to appeal therefrom shall appeal therefrom to the Industrial Court constituted under The Industrial Conciliation and Arbitration Acts 1961 to 1964. Jurisdiction is hereby conferred on' the Industrial Court to hear and determine such an appeal. (3) The provisions of The Industrial Conciliation and Arbitration Acts 1961 to 1964 and of the Rules of Court made under those Acts shall, subject to this Act, apply, according to their tenor, in relation to proceedings before an industrial magistrate brought pursuant to subsection (1) of this section and in relation to proceedings on appeal before the Industrial Court brought pursuant to subsection (2) of this section. (4) A prosecution for an offence against this Act shall be commenced by complaint of the Chief Inspector or of any person authorized by the Minister or by the Chief Inspector. 71. Time for commencement of prosecution . A prosecution for an offence against this Act shall be commenced at any time within one year after the matter of complaint arose or within six months after the matter of complaint comes to the knowledge of the Chief Inspector, whichever period is the later to expire. 72. Power to forfeit on conviction . Upon convicting any person of an offence against this Act that is committed in respect of construction equipment the industrial magistrate may, whether or not application is made therefor, make an order that the equipment be thereby forfeited to the Crown. Equipment so forfeited shall be taken into possession on behalf of the Chief Inspector and shall be disposed of as directed by him. 73. Power to order remedying of offence . (1) Where any person is convicted of an offence against this Act the industrial magistrate may, in addition to imposing a penalty on him order that he take steps to rectify the contravention or failure to comply in question to the satisfaction of an inspector within the time specified in the order. The industrial magistrate may, on application made to him, enlarge the time specified in such an order or may fix another time within which the order is to be complied with. (2) When he is minded to make an order pursuant to subsection (1) of this section an industrial magistrate may adjourn the matter of penalty to be imposed until the expiration of the time to be specified in the order or of that time as later enlarged or until the expiration of another time later fixed, as the case requires, but in that event the offender shall not be punished if he has complied with the order by the expiration of the material time.

510 Construction Safety Act 1971, No. 31 (3) When an order is made under subsection (1) of this section the offender shall not be liable in respect of the continuance of the contravention or failure to comply during the time allowed by the industrial magistrate but if at the expiration of the material time the order has not been complied with the offender shall be liable to be dealt with as prescribed by sections 68 and 69 of this Act. 74. Responsibility for offences against Act . (1) Where an offence against this Act is committed in respect of construction work or construction equipment the person, being the constructor or sub-contractor in respect of the project or an employer of workmen engaged on the project, who is in control of the performance of the construction work or of the use of the construction equipment at the time the offence is committed shall be deemed to have committed the offence and to be liable therefor under this Act save- (a) where it appears from this Act that another person is intended to be solely liable in respect of the offence; or (b) where he did not know and could not by the exercise of reasonable diligence have known of the commission of the offence. Liability incurred by reason of this subsection shall be additional to liability incurred by any other person on account of the offence in question. (2) Where the person sought to be made liable by reason of subsection (1) of this section is a body corporate the knowledge and means of knowledge to which regard shall be had, for the purposes of that subsection, shall be that of the person who, at the time the offence is committed, is the person who in respect of the project, is the managing agent of the body corporate on the site. (3) Where an offence against this Act for which a person incurs liability by reason of subsection (1) of this section is in fact the act or omission of a workman or other agent of his, that person shall be deemed to have committed the offence and to be liable accordingly notwithstanding any instructions given by him or any limitation of authority conferred on such workman or agent. Division III-Facilitation of Administration 75. Recovery of fees. (1) An amount of fees payable under this Act and not paid may be recovered- (a) by summary proceedings in a Magistrates Court under The Justices Acts 1886 to 1968; or (b) by action in a court of competent jurisdiction as for a debt due and owing to the person in whose name the action is brought, upon the complaint or, as the case may be, plaint of the Chief Inspector or of a person authorized by the Minister or by the Chief Inspector. (2) Proceedings for the recovery of fees may be taken, heard and determined- (a) within any division of the Brisbane District appointed under The Decentralization of Magistrates Courts Acts 1965 to 1968; or (b) within the Magistrates Courts District within or within twenty miles of the boundary whereof the inspection or other service or act in respect whereof the fees are payable was made, rendered or done.

Construction Safety Act 1971, No. 31 511 76. Matters of proof. In any proceeding instituted for the purposes of this Act- (a) the burden of proof that any notice required by this Act to be given has been given lies on the person so required to give the notice; (b) the burden of proof that any construction equipment was not, at the material date, in the place alleged in the complaint lies on the defendant; (c) the constructor, sub-contractor or employer is sufficiently described by the name by which he or it is usually known and the burden of proof that the person or firm named in a complaint is not the constructor, sub-contractor or, as the case may be, employer lies on the defendant; (d) the authority of an inspector or other officer of the government of Queensland to do any act or to take any proceeding shall be presumed until the contrary is proved; (e) a certificate purporting to be signed by the Chief Inspector- (i) that an amount specified therein is due and owing in respect of fees by the person named therein is evidence and, in the absence of evidence to the contrary, conclusive evidence that the amount is due and owing as fees by that person; and in the case of fees due and owing for an inspection made or service rendered shall be evidence and, in the absence of evidence to the contrary, conclusive evidence that the inspection was made or the service was rendered; (ii) that an offence against this Act came to his knowledge on the date specified therein is evidence and, in the absence of evidence to the contrary, conclusive evidence of that fact; (f) evidence by an inspector that construction equipment is, in any respect, not of a description approved by the Chief Inspector is evidence and, in the absence of evidence to the contrary, conclusive evidence of that fact. 77. Service of documents . (1) An order, direction, notice or other writing required or permitted by this Act to be given to any person by an inspector may be given- (a) by delivery of the same to that person or to his manager, foreman or agent personally; (b) by sending the same in a prepaid post letter addressed to that person at his place of business or residence; (c) by sending the same by prepaid certified mail addressed to that person at his place of business or residence in which case the receipt from a post office for the letter is evidence and, in the absence of proof to the contrary, conclusive evidence that it was so sent and that it was given to that person when the letter would have been delivered to him in the ordinary course of post; or (d) by affixing it to the door or other conspicuous part of the project or the construction equipment to which it relates. (2) A person to whom an order, direction, notice or other writing is given for the purposes of this Act shall, if thereunto required by an inspector, acknowledge receipt thereof by signing a duplicate copy thereof.

512 Construction Safety Act 1971, No. 31 SCHEDULE [s. 2 Title of Act Number of Act The Inspection of Scaffolding Act of 1915 .. 6 Geo. 5 No. 25 The Inspection of Machinery and Other Acts Amendment Act of 1930 21 Geo. 5 No. 6 The Inspection of Scaffolding Acts Amendment Act of 1951 The Inspection of Scaffolding Acts Amendment Act of 1954 The Inspection of Scaffolding Acts Amendment Act of 1955 The Inspection of Scaffolding Acts Amendment Act of 1959 The Inspection of Scaffolding Acts Amendment Act of 1960 The Inspection of Scaffolding Acts Amendment Act of 1963 The Inspection of Machinery Acts and Another Act Amendment Act of 1966 . . 15 Geo. 6 No. 30 3 Eliz. 2 No. 12 4 Eliz. 2 No. 3 8 Eliz. 2 No. 1 9 Eliz. 2 No. 35 No. 15 of 1963 No. 20 of 1966 Extent of Repeal The whole Sections 15, 16, 17, 18 and 19 The whole The whole The whole The whole The whole The whole Part III