Work Health and Safety Act 2011 (ACT)
Work Health and Safety Act 2011
A2011-35
Republication No 29
Effective: 19 November 2025
Republication date: 19 November 2025
Last amendment made by A2025‑30
About this republication
The republished law
This is a republication of the Work Health and Safety Act 2011 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 19 November 2025. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 19 November 2025.
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).
Work Health and Safety Act 2011
Contents
Page
Part 1 Preliminary
Division 1.1 Introduction
1 Name of Act 2
Division 1.2 Object
3 Object 2
Division 1.3 Interpretation
Subdivision 1.3.1 Definitions
4 Definitions 4
Subdivision 1.3.2 Other important terms
5 Meaning of person conducting a business or undertaking 4
6 Meaning of supply 5
7 Meaning of worker 6
8 Meaning of workplace 7
9 Examples and notes 8
Division 1.4 Application of Act
10 Act binds the Crown 8
11 Extraterritorial application 8
12 Scope 9
12AA Application of Act to dangerous goods and high risk plant—sch 1 10
12A Offences are offences of strict liability 10
12B Offences against Act—application of Criminal Code etc 10
Part 2 Health and safety duties
Division 2.1 Introductory
Subdivision 2.1.1 Principles that apply to duties
13 Principles that apply to duties 11
14 Duties not transferrable 11
15 Person may have more than 1 duty 11
16 More than 1 person can have a duty 11
17 Management of risks 12
Subdivision 2.1.2 What is reasonably practicable
18 What is reasonably practicable in ensuring health and safety 12
Division 2.2 Primary duty of care
19 Primary duty of care 13
Division 2.3 Further duties of persons conducting businesses or undertakings
20 Duty of persons conducting businesses or undertakings involving management or control of workplaces 15
21 Duty of persons conducting businesses or undertakings involving management or control of fixtures, fittings or plant at workplaces 15
22 Duties of persons conducting businesses or undertakings that design plant, substances or structures 16
23 Duties of persons conducting businesses or undertakings that manufacture plant, substances or structures 18
24 Duties of persons conducting businesses or undertakings that import plant, substances or structures 20
25 Duties of persons conducting businesses or undertakings that supply plant, substances or structures 22
26 Duty of persons conducting businesses or undertakings that install, construct or commission plant or structures 24
Division 2.4 Duty of officers, workers and other persons
27 Duty of officers 25
28 Duties of workers 27
29 Duties of other persons at the workplace 28
Division 2.5 Offences and penalties
30 Health and safety duty 28
31 Negligence or reckless conduct—category 1 29
32 Failure to comply with health and safety duty—category 2 30
33 Failure to comply with health and safety duty—category 3 30
34 Exceptions 30
Division 2.6 Industrial manslaughter
34A Industrial manslaughter 31
34B Alternative verdict for industrial manslaughter 33
Part 3 Incident notification
35 What is a notifiable incident 34
36 What is a serious injury or illness—pt 3 34
37 What is a dangerous incident—pt 3 36
37A What is a sexual assault incident—pt 3 37
38 Duty to notify of notifiable incidents 38
39 Duty to preserve incident sites and evidence 39
39A Person conducting business or undertaking and person with management or control of workplace to notify each other of notifiable incidents 40
Part 4 Authorisations
40 Meaning of authorised—pt 4 42
41 Requirements for authorisation of workplaces 42
42 Requirements for authorisation of plant or substance 42
43 Requirements for authorisation of work 43
44 Requirements for prescribed qualifications or experience 44
45 Requirement to comply with conditions of authorisation 44
Part 5 Consultation, representation and participation
Division 5.1 Consultation, cooperation and coordination between duty‑holders
46 Duty to consult with other duty‑holders 45
Division 5.2 Consultation with workers
47 Duty to consult workers 45
48 Nature of consultation 46
49 When consultation is required 46
Division 5.3 Health and safety representatives
Subdivision 5.3.1A Definitions
49A Meaning of major construction project—pt 5 47
49B Meaning of principal contractor—pt 5 48
49C Meaning of eligible union—div 5.3 48
Subdivision 5.3.1 Request for election of health and safety representatives
50 Request for election of health and safety representative 49
50A Consultation with eligible unions—major construction project 49
50B Exemption from certain requirements under this part 50
50C Election of health and safety representatives—major construction project 51
Subdivision 5.3.2 Determination of work groups
51 Determination of work groups 51
52 Negotiations for agreement for work group 52
53 Notice to workers 53
54 Failure of negotiations 54
Subdivision 5.3.3 Multiple‑business work groups
55 Determination of work groups of multiple businesses 55
56 Negotiation of agreement for work groups of multiple businesses 56
57 Notice to workers 57
58 Withdrawal from negotiations or agreement involving multiple businesses 58
59 Effect of subdivision on other arrangements 58
Subdivision 5.3.4 Election of health and safety representatives
60 Eligibility to be elected 59
61 Procedure for election of health and safety representatives 59
62 Eligibility to vote 60
63 When election not required 60
64 Term of office of health and safety representative 60
65 Disqualification of health and safety representatives 61
66 Immunity of health and safety representatives 61
67 Deputy health and safety representatives 62
Subdivision 5.3.5 Powers and functions of health and safety representatives
68 Powers and functions of health and safety representatives 63
69 Powers and functions generally limited to the particular work group 65
Subdivision 5.3.6 Obligations of person conducting business or undertaking to health and safety representatives
70 General obligations of person conducting business or undertaking 66
71 Exceptions from obligations under s 70 (1) 68
72 Obligation to train health and safety representatives 69
72A Obligation to train health and safety representatives—major construction project 71
73 Obligation to share costs if multiple businesses or undertakings 72
74 List of health and safety representatives 73
Division 5.4 Health and safety committees
75 Health and safety committees 74
76 Constitution of committee 74
77 Functions of committee 75
78 Meetings of committee 76
79 Duties of person conducting business or undertaking 76
79A Obligation to train health and safety committee members—major construction project 77
Division 5.5 Issue resolution
80 Parties to an issue 78
81 Resolution of health and safety issues 79
82 Referral of issue to regulator for resolution by inspector 79
Division 5.6 Right to cease or direct cessation of unsafe work
83 Definition of cease work under this division 80
84 Right of worker to cease unsafe work 80
85 Health and safety representative may direct that unsafe work cease 81
86 Worker to notify if ceases work 82
87 Alternative work 82
88 Continuity of engagement of worker 82
89 Request to regulator to appoint inspector to assist 83
Division 5.7 Provisional improvement notices
90 Provisional improvement notices 83
91 Provisional improvement notice to be in writing 84
92 Contents of provisional improvement notice 84
93 Provisional improvement notice may give directions to remedy contravention 85
94 Minor changes to provisional improvement notice 85
95 Issue of provisional improvement notice 85
96 Health and safety representative may cancel notice 85
97 Display of provisional improvement notice 86
98 Formal irregularities or defects in notice 86
99 Offence to contravene a provisional improvement notice 86
100 Request for review of provisional improvement notice 87
101 Regulator to appoint inspector to review notice 87
102 Decision of inspector on review of provisional improvement notice 87
Division 5.8 Part not to apply to prisoners
103 Part does not apply to prisoners 88
Part 6 Discriminatory, coercive and misleading conduct
Division 6.1 Prohibition of discriminatory, coercive or misleading conduct
104 Prohibition of discriminatory conduct 89
105 What is discriminatory conduct 89
106 What is a prohibited reason 90
107 Prohibition of requesting, instructing, inducing, encouraging, authorising or assisting discriminatory conduct 92
108 Prohibition of coercion or inducement 92
109 Misrepresentation 93
Division 6.2 Criminal proceedings in relation to discriminatory conduct
110 Proof of discriminatory conduct 94
111 Order for compensation or reinstatement 95
Division 6.3 Civil proceedings in relation to discriminatory or coercive conduct
112 Civil proceedings in relation to engaging in or inducing discriminatory or coercive conduct 95
113 Procedure for civil actions for discriminatory conduct 97
Division 6.4 General
114 General provisions relating to orders 98
115 Prohibition of multiple actions 98
Part 7 Workplace entry by WHS entry permit‑holders
Division 7.1 Introductory
116 Definitions—pt 7 100
Division 7.2 Entry to inquire into suspected contraventions
117 Entry to inquire into suspected contraventions 101
118 Rights that may be exercised while at workplace 101
118A Notice of exercise of right under s 118 (1) (da) 103
119 Notice of entry 104
120 Entry to inspect employee records or information held by another person 104
Division 7.3 Entry to consult and advise workers
121 Entry to consult and advise workers 105
122 Notice of entry 105
Division 7.4 Requirements for WHS entry permit‑holders
123 Contravening WHS entry permit conditions 106
124 WHS entry permit‑holder must also hold permit under other law 106
125 WHS entry permit to be available for inspection 106
126 When right may be exercised 107
127 Where the right may be exercised 107
128 Work health and safety requirements 107
129 Residential premises 108
130 WHS entry permit‑holder not required to disclose names of workers 108
Division 7.5 WHS entry permits
131 Application for WHS entry permit 108
132 Consideration of application 109
133 Eligibility criteria 109
134 Issue of WHS entry permit 109
135 Conditions on WHS entry permit 109
136 Term of WHS entry permit 109
137 Expiry of WHS entry permit 110
138 Application to revoke WHS entry permit 110
139 Regulator must permit WHS entry permit‑holder to show cause 112
140 Determination of application 112
Division 7.6 Dealing with disputes
141 Application for assistance of inspector to resolve dispute 113
142 Regulator may deal with a dispute about a right of entry under this Act 113
143 Contravening order made to deal with dispute 114
Division 7.7 Prohibitions
144 Person must not refuse or delay entry of WHS entry permit‑holder 115
145 Person must not hinder or obstruct WHS entry permit‑holder 115
146 WHS entry permit‑holder must not delay, hinder or obstruct any person or disrupt work at workplace 115
147 Misrepresentations about things authorised by this part 116
148 Unauthorised use or disclosure of information or documents 116
Division 7.8 General
149 Return of WHS entry permits 117
150 Union to provide information to regulator 118
151 Register of WHS entry permit‑holders 118
Part 8 The regulator
Division 8.1 Functions of regulator
152 Functions of regulator 119
153 Powers of regulator 120
154 Delegation by regulator 120
Division 8.2 Powers of regulator to obtain information
155 Powers of regulator to obtain information 120
Part 9 Securing compliance
Division 9.1 Appointment of inspectors
156 Appointment of inspectors 123
157 Identity cards 123
158 Accountability of inspectors 124
159 Suspension and ending of appointment of inspectors 124
Division 9.2 Functions and powers of inspectors
160 Functions and powers of inspectors 124
161 Conditions on inspectors’ compliance powers 125
162 Inspectors subject to regulator’s directions 125
Division 9.3 Powers relating to entry
Subdivision 9.3.1 General powers of entry
163 Powers of entry 125
164 Notification of entry 126
165 General powers on entry 126
166 Persons assisting inspectors 127
Subdivision 9.3.2 Search warrants
167 Search warrants 128
167A Warrants—application made other than in person 129
168 Announcement before entry on warrant 130
169 Copy of warrant to be given to person with management or control of place 131
169A Occupier entitled to be present during search etc 131
Subdivision 9.3.3 Limitation on entry powers
170 Places used for residential purposes 132
Subdivision 9.3.4 Specific powers on entry
171 Power to require production of documents and answers to questions 133
172 Abrogation of privilege against self‑incrimination 135
173 Warning to be given 136
174 Powers to copy and retain documents 137
175 Power to seize evidence etc 138
176 Inspector’s power to seize dangerous workplaces and things 138
177 Powers supporting seizure 139
178 Receipt for seized things 140
179 Forfeiture of seized things 140
180 Return of seized things 142
181 Access to seized things 142
Division 9.4 Damage and compensation
182 Damage etc to be minimised 143
183 Inspector to give notice of damage 143
184 Compensation 143
Division 9.5 Other matters
185 Power to require name and address 144
186 Inspector may take affidavits 145
187 Attendance of inspector at coronial inquests 145
Division 9.6 Offences in relation to inspectors
188 Offence to hinder or obstruct inspector 145
189 Offence to impersonate inspector 146
190 Offence to assault, threaten or intimidate inspector 146
Part 10 Enforcement measures
Division 10.1 Improvement notices
191 Issue of improvement notices 147
192 Contents of improvement notices 147
193 Compliance with improvement notice 148
194 Extension of time for compliance with improvement notices 148
Division 10.2 Prohibition notices
195 Power to issue prohibition notice 149
196 Contents of prohibition notice 149
197 Compliance with prohibition notice 150
Division 10.2A Prohibited asbestos notices
197A Definitions—div 10.2A 151
197B Issue of prohibited asbestos notice 152
197C Contents of prohibited asbestos notice 152
197D Compliance with prohibited asbestos notice 153
197E Extension of time for compliance with prohibited asbestos notice 153
Division 10.3 Non‑disturbance notices
198 Issue of non‑disturbance notice 153
199 Contents of non‑disturbance notice 154
200 Compliance with non‑disturbance notice 155
201 Issue of subsequent notices 155
Division 10.4 General requirements applying to notices
202 Application—div 10.4 155
203 Notice to be in writing 155
204 Directions in notices 156
205 Recommendations in notice 156
206 Changes to notice 156
207 Regulator may vary or cancel notice 157
208 Formal irregularities or defects in notice 157
209 Issue and giving of notice 157
210 Display of notice 158
Division 10.5 Remedial action
211 When regulator may carry out action 158
212 Power of the regulator to take other remedial action 159
213 Costs of remedial or other action 159
Division 10.6 Injunctions
214 Application—div 10.6 160
215 Injunction for noncompliance with notice 160
Part 11 Enforceable undertakings
216 Regulator may accept WHS undertakings 161
217 Notice of decision and reasons for decision 161
218 When a WHS undertaking is enforceable 161
219 Compliance with WHS undertaking 162
220 Contravention of WHS undertaking 162
221 Withdrawal or variation of WHS undertaking 163
222 Proceeding for alleged contravention 163
Part 12 Review of decisions
Division 12.1 Reviewable decisions
223 Which decisions are reviewable 164
Division 12.2 Internal review
224 Application for internal review 170
225 Internal reviewer 171
226 Decision of internal reviewer 171
227 Decision on internal review 172
228 Stays of reviewable decisions on internal review 172
Division 12.3 External review
229 Application for external review 173
Part 13 Legal proceedings
Division 13.1 General matters
230 Prosecutions 174
231 Procedure if prosecution is not brought 175
232 Limitation period for prosecutions 177
233 Multiple contraventions of health and safety duty provision 178
Division 13.2 Sentencing for offences
234 Application—div 13.2 178
235 Orders generally 179
236 Adverse publicity orders 179
237 Orders for restoration 180
238 Work health and safety project orders 180
239 Release on the giving of a court‑ordered WHS undertaking 181
240 Injunctions 182
241 Training orders 182
242 Offence to fail to comply with order 182
Division 13.3 Infringement notices
243 Infringement notices 182
Division 13.4 Offences by bodies corporate
244 Definitions—div 13.4 183
244A Physical elements 183
244B Fault elements other than negligence 183
244BA Negligence 185
244C Mistake of fact 186
244D Failure to take reasonable precautions 186
244E How this division applies to public authorities 186
Division 13.5 The Territory
245 Offences and the Territory 187
246 WHS civil penalty provisions and the Territory 187
247 Officers 188
248 Responsible agency for the Territory 188
Division 13.6 Public authorities
249 Application to public authorities that are bodies corporate 190
250 Proceedings against public authorities 190
251 Imputing conduct to public authorities 190
252 Officer of public authority 191
253 Proceedings against successors to public authorities 191
Division 13.7 WHS civil penalty provisions
254 When is a provision a WHS civil penalty provision 192
255 Proceedings for contravention of WHS civil penalty provision 192
256 Involvement in contravention treated in same way as actual contravention 193
257 Contravening a civil penalty provision is not an offence 193
258 Civil proceeding rules and procedure to apply 193
259 Proceeding for a contravention of a WHS civil penalty provision 193
260 Proceeding may be brought by the regulator or an inspector 194
261 Limitation period for WHS civil penalty proceedings 194
262 Recovery of a monetary penalty 194
263 Civil double jeopardy 194
264 Criminal proceedings during civil proceedings 195
265 Criminal proceedings after civil proceedings 195
266 Evidence given in proceedings for contravention of WHS civil penalty provision not admissible in criminal proceedings 195
Division 13.8 Civil liability not affected by this Act
267 Civil liability not affected by this Act 196
Part 14 General
Division 14.1 General provisions
268 Offence to give false or misleading information 197
269 Act does not affect legal professional privilege 197
270 Immunity from liability 197
271 Confidentiality of information 198
271A Additional ways that regulator may use and share information 199
272 No contracting out 200
272A No insurance or other indemnity against penalties 200
272B Liability of officers for offences by body corporate under s 272A 201
273 Person not to levy workers 202
273A Relationship with Legislative Assembly 202
Division 14.2 Codes of practice
274 Approved codes of practice 203
275 Use of codes of practice in proceedings 204
Division 14.3 Regulation-making power, forms and fees
276 Regulation‑making powers 205
277 Approved forms 207
278 Determination of fees 207
Schedule 1 Application of Act to dangerous goods and high risk plant 208
Schedule 2 The regulator and local tripartite consultation arrangements and other local arrangements 210
Part 2.1 Work health and safety council 210
Division 2.1.1 Establishment, functions and powers 210
2.1 Establishment 210
2.2 Functions 210
Division 2.1.2 Constitution and meetings 212
2.3 Membership 212
2.3A Meaning of appointed member—div 2.1.2 212
2.4 Terms of appointment 213
2.5 Chair and deputy chair 213
2.6 Leave 213
2.7 Disclosure of interest 214
2.8 Reporting of disclosed council interests to Minister 215
2.9 Ending appointment of council member 216
2.10 Calling meetings 217
2.11 Presiding member at council meetings 218
2.12 Quorum at council meetings 218
2.13 Voting at council meetings 218
2.14 Conduct of council meetings etc 218
2.15 Protection of council members from liability 219
Division 2.1.3 Advisory committees 219
2.16 Establishment 219
Part 2.2 Office of the Work Health and Safety Commissioner 220
Division 2.2.1 Preliminary 220
2.17 Definitions—pt 2.2 220
Division 2.2.2 Establishment and functions of office 220
2.18 Establishment of office 220
2.19 Constitution of office 220
2.20 Functions of office 220
Division 2.2.3 Work health and safety commissioner 221
2.21 Appointment of WHS commissioner 221
2.22 Functions of WHS commissioner 222
2.23 Independence of WHS commissioner and Ministerial directions 223
2.24 Duty of good conduct 223
2.25 Disclosure of interests 224
2.26 Outside employment 224
2.27 Ending appointment—generally 225
2.28 Ending appointment—council no-confidence resolution 225
2.29 Leave of absence 226
Division 2.2.4 Office—staff 226
2.30 Meaning of staff of the office—pt 2.2 226
2.31 Appointment of deputy WHS commissioner 227
2.32 Employment of staff 227
2.33 Engagement of consultants and contractors 227
2.34 Independence of staff of the office 228
2.35 Delegation of functions 228
2.36 Other arrangements for staff and facilities 228
Division 2.2.5 Office—policy and reporting framework 229
2.37 Compliance and enforcement policy 229
2.38 Strategic plan 230
2.39 Ministerial statement of expectations 231
2.40 Statement of operational intent 232
2.41 Annual report 232
Schedule 3 Regulation-making powers 234
1 Duties 234
2 Incidents 234
3 Plant, substances or structures 235
4 Protection and welfare of workers 235
5 Hazards and risks 235
6 Records and notices 236
7 Authorisations 236
8 Work groups 237
9 Health and safety committees and health and safety representatives 237
10 Issue resolution 237
11 WHS entry permits 237
12 Identity cards 238
13 Forfeiture 238
14 Review of decisions 238
Schedule 4 Penalty amounts 239
4.1 Monetary penalties—categories 1 to 3 239
4.1A Monetary penalties—industrial manslaughter 240
4.2 Monetary penalties—tiers A to I 241
4.3 Monetary penalties—WHS civil penalty tiers 1 to 4 243
4.4 Indexation of penalty amounts 244
4.5 Rounding of maximum penalty amounts 245
4.6 Notification of adjusted maximum penalty amounts 246
Dictionary247
Endnotes
1 About the endnotes 256
2 Abbreviation key 256
3 Legislation history 257
4 Amendment history 262
5 Earlier republications 276
6 Expired transitional or validating provisions 279
Work Health and Safety Act 2011
An Act about work health and safety, and for other purposes
Part 1Preliminary
Division 1.1 Introduction
Name of Act
This Act is the Work Health and Safety Act 2011.
Division 1.2 Object
Object
(1)The main object of this Act is to provide for a balanced and nationally consistent framework to secure the health and safety of workers and workplaces by—
(a)protecting workers and other persons against harm to their health, safety and welfare through the elimination or minimisation of risks arising from work or from specified types of substances or plant; and
(b)providing for fair and effective workplace representation, consultation, cooperation and issue resolution in relation to work health and safety; and
(c)encouraging unions and employer organisations to take a constructive role in promoting improvements in work health and safety practices, and assisting persons conducting businesses or undertakings and workers to achieve a healthier and safer working environment; and
(d)promoting the provision of advice, information, education and training in relation to work health and safety; and
(e)securing compliance with this Act through effective and appropriate compliance and enforcement measures; and
(f)ensuring appropriate scrutiny and review of actions taken by persons exercising powers and performing functions under this Act; and
(g)providing a framework for continuous improvement and progressively higher standards of work health and safety; and
(h)maintaining and strengthening the national harmonisation of laws relating to work health and safety and to facilitate a consistent national approach to work health and safety in the ACT.
NoteA reference to an Act includes a reference to statutory instruments made or in force under the Act, including a regulation and any law or instrument applied, adopted or incorporated by the Act (see Legislation Act, s 104).
(2)In furthering subsection (1) (a), regard must be had to the principle that workers and other persons should be given the highest level of protection against harm to their health, safety and welfare from hazards and risks arising from work or from specified types of substances or plant as is reasonably practicable.
Division 1.3 Interpretation
Subdivision 1.3.1 Definitions
Definitions
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.
For example, the signpost definition ‘employee record, in relation to an employee—see the Privacy Act 1988 (Cwlth), section 6 (1).’ means that the term ‘employee record’ is defined in that section and the definition applies to this Act.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
Subdivision 1.3.2 Other important terms
Meaning of person conducting a business or undertaking
(1)For the purposes of this Act, a person conducts a business or undertaking—
(a)whether the person conducts the business or undertaking alone or with others; and
(b)whether or not the business or undertaking is conducted for profit or gain.
(2)A business or undertaking conducted by a person includes a business or undertaking conducted by a partnership or an unincorporated association.
(3)If a business or undertaking is conducted by a partnership (other than an incorporated partnership), a reference in this Act to a person conducting the business or undertaking is to be read as a reference to each partner in the partnership.
(4)A person does not conduct a business or undertaking to the extent that the person is engaged solely as a worker in, or as an officer of, that business or undertaking.
(5)A regulation may specify the circumstances in which a person may be taken not to be a person who conducts a business or undertaking for the purposes of this Act or any provision of this Act.
(6)A volunteer association does not conduct a business or undertaking for the purposes of this Act.
(7)In this section:
volunteer association means a group of volunteers working together for 1 or more community purposes where none of the volunteers, whether alone or jointly with any other volunteers, employs any person to carry out work for the volunteer association.
Meaning of supply
(1)A supply of a thing includes a supply and a resupply of the thing by way of sale, exchange, lease, hire or hire‑purchase, whether as principal or agent.
(2)A supply of a thing occurs on the passing of possession of the thing to the person or an agent of the person to be supplied.
(3)A supply of a thing does not include—
(a)the return of possession of a thing to the owner of the thing at the end of a lease or other agreement; or
(b)a prescribed supply.
(4)A financier is taken not to supply plant, a substance or a structure for the purposes of this Act if—
(a)the financier has, in the course of the financier’s business as a financier, acquired ownership of, or another right in, the plant, substance or structure on behalf of a customer of the financier; and
(b)the action by the financier, that would be a supply but for this subsection, is taken by the financier for, or on behalf of, that customer.
(5)If subsection (4) applies, the person (other than the financier) who had possession of the plant, substance or structure immediately before the financier’s customer obtained possession of the plant, substance or structure is taken for the purposes of this Act to have supplied the plant, substance or structure to the financier’s customer.
Meaning of worker
(1)A person is a worker if the person carries out work in any capacity for a person conducting a business or undertaking, including work as—
(a)an employee; or
(b)a contractor or subcontractor; or
(c)an employee of a contractor or subcontractor; or
(d)an employee of a labour hire company who has been assigned to work in the person’s business or undertaking; or
(e)an outworker; or
(f)an apprentice or trainee; or
(g)a student gaining work experience; or
(h)a volunteer; or
(i)a person of a prescribed class.
NotePower to make a regulation includes power to make different provision for different classes (see Legislation Act, s 48).
(2)For the purposes of this Act, a police officer is—
(a)a worker; and
(b)at work throughout the time when the officer is on duty or lawfully performing the functions of a police officer, but not otherwise.
(3)The person conducting the business or undertaking is also a worker if the person is an individual who carries out work in that business or undertaking.
Meaning of workplace
(1)A workplace is a place where work is carried out for a business or undertaking and includes any place where a worker goes, or is likely to be, while at work.
(2)In this section:
place includes—
(a)a vehicle, vessel, aircraft or other mobile structure; and
(b)any waters and any installation on land, on the bed of any waters or floating on any waters.
Examples and notes
(1)An example at the foot of a provision forms part of this Act.
NoteThe Legislation Act, s 126 and s 132, deals with examples.
(2)A note at the foot of a provision forms part of this Act.
(3)Subsection (2) displaces the Legislation Act 2001, section 127 (Material that is not part of Act or statutory instrument).
Division 1.4 Application of Act
Act binds the Crown
(1)This Act binds the Crown in right of the Territory and, in so far as the legislative power of the Legislative Assembly permits, the Crown in all its other capacities.
(2)The Territory is liable for an offence against this Act.
(3)Without limiting subsection (1), the Territory is liable for a contravention of a WHS civil penalty provision.
Extraterritorial application
The Criminal Code 2002, part 2.7 (Geographical application) extends the application of a territory law that creates an offence beyond the territorial limits of the ACT (and Australia) if the required geographical nexus exists for the offence.
Scope
(1)The duties under this Act in relation to hazardous chemicals are in addition to duties in relation to them under any other law in force in the ACT.
Note 1A reference to an Act includes a reference to statutory instruments made or in force under the Act, including any regulation and any law or instrument applied, adopted or incorporated by the Act (see Legislation Act, s 104).
Note 2Other legislation in force in the ACT relating to hazardous chemicals includes the following:
· Dangerous Goods (Road Transport) Act 2009
· Emergencies Act 2004
· Environment Protection Act 1997
· Medicines, Poisons and Therapeutic Goods Act 2008.
Note 3See the Emergencies Act 2004 for provisions relating to hazardous materials incidents (which may include dangerous occurrences).
Note 4See the Dangerous Goods (Road Transport) Act 2009 for the transport by road of certain hazardous chemicals that are classified as dangerous goods under that Act.
(2)A duty or power under another territory law in relation to a work health and safety matter has no effect to the extent that it is inconsistent with a duty under this Act in relation to the same matter.
(3)However, a duty or power under another territory law in relation to a work health and safety matter must not be taken to be inconsistent with a duty under this Act to the extent that they can operate concurrently.
(4)In this section:
hazardous chemical—see the Work Health and Safety Regulation 2011, dictionary.
12AAApplication of Act to dangerous goods and high risk plant—sch 1
Schedule 1 provides for the application of this Act to dangerous goods and high risk plant.
12AOffences are offences of strict liability
Strict liability applies to each physical element of each offence under this Act unless otherwise stated in the section containing the offence.
12BOffences against Act—application of Criminal Code etc
(1)Other legislation applies in relation to offences against this Act.
NoteCriminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
(2)However, the Criminal Code, part 2.5 (Corporate criminal responsibility) does not apply to an offence against this Act.
NoteFor this Act, corporate criminal responsibility is dealt with by div 13.4.
Part 2Health and safety duties
Division 2.1 Introductory
Subdivision 2.1.1 Principles that apply to duties
Principles that apply to duties
This subdivision sets out the principles that apply to all duties that persons have under this Act.
Note 1The principles will apply to duties under this part and other parts of this Act such as duties relating to incident notification and consultation.
Note 2A reference to an Act includes a reference to statutory instruments made or in force under the Act, including a regulation and any law or instrument applied, adopted or incorporated by the Act (see Legislation Act, s 104).
Duties not transferrable
A duty cannot be transferred to another person.
Person may have more than 1 duty
A person can have more than 1 duty by virtue of being in more than 1 class of duty‑holder.
More than 1 person can have a duty
(1)More than 1 person can concurrently have the same duty.
(2)Each duty‑holder must comply with that duty to the standard required by this Act even if another duty‑holder has the same duty.
NoteA reference to an Act includes a reference to statutory instruments made or in force under the Act, including a regulation and any law or instrument applied, adopted or incorporated by the Act (see Legislation Act, s 104).
(3)If more than 1 person has a duty for the same matter, each person—
(a)retains responsibility for the person’s duty in relation to the matter; and
(b)must discharge the person’s duty to the extent to which the person has the capacity to influence and control the matter or would have had that capacity but for an agreement or arrangement purporting to limit or remove that capacity.
Management of risks
A duty imposed on a person to ensure health and safety requires the person—
(a)to eliminate risks to health and safety, so far as is reasonably practicable; and
(b)if it is not reasonably practicable to eliminate risks to health and safety, to minimise those risks so far as is reasonably practicable.
Subdivision 2.1.2 What is reasonably practicable
What is reasonably practicable in ensuring health and safety
In this Act:
reasonably practicable, in relation to a duty to ensure health and safety, means that which is, or was at a particular time, reasonably able to be done in relation to ensuring health and safety, taking into account and weighing up all relevant matters including—
(a)the likelihood of the hazard or the risk concerned occurring; and
(b)the degree of harm that might result from the hazard or the risk; and
(c)what the person concerned knows, or ought reasonably to know, about—
(i)the hazard or the risk; and
(ii)ways of eliminating or minimising the risk; and
(d)the availability and suitability of ways to eliminate or minimise the risk; and
(e)after assessing the extent of the risk and the available ways of eliminating or minimising the risk—the cost associated with available ways of eliminating or minimising the risk, including whether the cost is grossly disproportionate to the risk.
Division 2.2 Primary duty of care
Primary duty of care
(1)A person conducting a business or undertaking must ensure, so far as is reasonably practicable, the health and safety of—
(a)workers engaged, or caused to be engaged, by the person; and
(b)workers whose activities in carrying out work are influenced or directed by the person,
while the workers are at work in the business or undertaking.
(2)A person conducting a business or undertaking must ensure, so far as is reasonably practicable, that the health and safety of other persons is not put at risk from work carried out as part of the conduct of the business or undertaking.
(3)Without limiting subsections (1) and (2), a person conducting a business or undertaking must ensure, so far as is reasonably practicable—
(a)the provision and maintenance of a work environment without risks to health and safety; and
(b)the provision and maintenance of safe plant and structures; and
(c)the provision and maintenance of safe systems of work; and
(d)the safe use, handling, storage and transport of plant, structures and substances; and
(e)the provision of adequate facilities for the welfare at work of workers in carrying out work for the business or undertaking, including ensuring access to those facilities; and
(f)the provision of any information, training, instruction or supervision that is necessary to protect all persons from risks to their health and safety arising from work carried out as part of the conduct of the business or undertaking; and
(g)that the health of workers and the conditions at the workplace are monitored for the purpose of preventing illness or injury of workers arising from the conduct of the business or undertaking.
(4)If:
(a)a worker occupies accommodation that is owned by or under the management or control of the person conducting the business or undertaking; and
(b)the occupancy is necessary for the purposes of the worker’s engagement because other accommodation is not reasonably available,
the person conducting the business or undertaking must, so far as is reasonably practicable, maintain the premises so that the worker occupying the premises is not exposed to risks to health and safety.
(5)A self‑employed person must ensure, so far as is reasonably practicable, his or her own health and safety while at work.
NoteA self‑employed person is also a person conducting a business or undertaking for the purposes of this section.
Division 2.3 Further duties of persons conducting businesses or undertakings
Duty of persons conducting businesses or undertakings involving management or control of workplaces
(1)In this section:
person with management or control of a workplace means a person conducting a business or undertaking to the extent that the business or undertaking involves the management or control, in whole or in part, of the workplace but does not include—
(a)the occupier of a residence, unless the residence is occupied for the purposes of, or as part of, the conduct of a business or undertaking; or
(b)a prescribed person.
(2)The person with management or control of a workplace must ensure, so far as is reasonably practicable, that the workplace, the means of entering and exiting the workplace and anything arising from the workplace are without risks to the health and safety of any person.
Duty of persons conducting businesses or undertakings involving management or control of fixtures, fittings or plant at workplaces
(1)In this section:
person with management or control of fixtures, fittings or plant at a workplace means a person conducting a business or undertaking to the extent that the business or undertaking involves the management or control of fixtures, fittings or plant, in whole or in part, at a workplace, but does not include—
(a)the occupier of a residence, unless the residence is occupied for the purposes of, or as part of, the conduct of a business or undertaking; or
(b)a prescribed person.
(2)The person with management or control of fixtures, fittings or plant at a workplace must ensure, so far as is reasonably practicable, that the fixtures, fittings and plant are without risks to the health and safety of any person.
Duties of persons conducting businesses or undertakings that design plant, substances or structures
(1)This section applies to a person (the designer) who conducts a business or undertaking that designs—
(a)plant that is to be used, or could reasonably be expected to be used, as, or at, a workplace; or
(b)a substance that is to be used, or could reasonably be expected to be used, at a workplace; or
(c)a structure that is to be used, or could reasonably be expected to be used, as, or at, a workplace.
(2)The designer must ensure, so far as is reasonably practicable, that the plant, substance or structure is designed to be without risks to the health and safety of persons—
(a)who, at a workplace, use the plant, substance or structure for a purpose for which it was designed; or
(b)who handle the substance at a workplace; or
(c)who store the plant or substance at a workplace; or
(d)who construct the structure at a workplace; or
(e)who carry out any reasonably foreseeable activity at a workplace in relation to—
(i)the manufacture, assembly or use of the plant for a purpose for which it was designed, or the proper storage, decommissioning, dismantling or disposal of the plant; or
(ii)the manufacture or use of the substance for a purpose for which it was designed or the proper handling, storage or disposal of the substance; or
(iii)the manufacture, assembly or use of the structure for a purpose for which it was designed or the proper demolition or disposal of the structure; or
(f)who are at or in the vicinity of a workplace and who are exposed to the plant, substance or structure at the workplace or whose health or safety may be affected by a use or activity referred to in paragraph (a), (b), (c), (d) or (e).
Example—par (e)
inspection, operation, cleaning, maintenance or repair of plant
(3)The designer must carry out, or arrange the carrying out of, any calculations, analysis, testing or examination that may be necessary for the performance of the duty imposed by subsection (2).
(4)The designer must give adequate information to each person who is provided with the design for the purpose of giving effect to it concerning—
(a)each purpose for which the plant, substance or structure was designed; and
(b)the results of any calculations, analysis, testing or examination referred to in subsection (3), including, in relation to a substance, any hazardous properties of the substance identified by testing; and
(c)any conditions necessary to ensure that the plant, substance or structure is without risks to health and safety when used for a purpose for which it was designed or when carrying out any activity referred to in subsection (2) (a) to (e).
(5)The designer, on request, must, so far as is reasonably practicable, give current relevant information on the matters referred to in subsection (4) to a person who carries out, or is to carry out, any of the activities referred to in subsection (2) (a) to (e).
Duties of persons conducting businesses or undertakings that manufacture plant, substances or structures
(1)This section applies to a person (the manufacturer) who conducts a business or undertaking that manufactures—
(a)plant that is to be used, or could reasonably be expected to be used, as, or at, a workplace; or
(b)a substance that is to be used, or could reasonably be expected to be used, at a workplace; or
(c)a structure that is to be used, or could reasonably be expected to be used, as, or at, a workplace.
(2)The manufacturer must ensure, so far as is reasonably practicable, that the plant, substance or structure is manufactured to be without risks to the health and safety of persons—
(a)who, at a workplace, use the plant, substance or structure for a purpose for which it was designed or manufactured; or
(b)who handle the substance at a workplace; or
(c)who store the plant or substance at a workplace; or
(d)who construct the structure at a workplace; or
(e)who carry out any reasonably foreseeable activity at a workplace in relation to—
(i)the assembly or use of the plant for a purpose for which it was designed or manufactured or the proper storage, decommissioning, dismantling or disposal of the plant; or
(ii)the use of the substance for a purpose for which it was designed or manufactured or the proper handling, storage or disposal of the substance; or
(iii)the assembly or use of the structure for a purpose for which it was designed or manufactured or the proper demolition or disposal of the structure; or
(f)who are at or in the vicinity of a workplace and who are exposed to the plant, substance or structure at the workplace or whose health or safety may be affected by a use or activity referred to in paragraph (a), (b), (c), (d) or (e).
Example—par (e)
inspection, operation, cleaning, maintenance or repair of plant
(3)The manufacturer must carry out, or arrange the carrying out of, any calculations, analysis, testing or examination that may be necessary for the performance of the duty imposed by subsection (2).
(4)The manufacturer must give adequate information to each person to whom the manufacturer provides the plant, substance or structure concerning—
(a)each purpose for which the plant, substance or structure was designed or manufactured; and
(b)the results of any calculations, analysis, testing or examination referred to in subsection (3), including, in relation to a substance, any hazardous properties of the substance identified by testing; and
(c)any conditions necessary to ensure that the plant, substance or structure is without risks to health and safety when used for a purpose for which it was designed or manufactured or when carrying out any activity referred to in subsection (2) (a) to (e).
(5)The manufacturer, on request, must, so far as is reasonably practicable, give current relevant information on the matters referred to in subsection (4) to a person who carries out, or is to carry out, any of the activities referred to in subsection (2) (a) to (e).
Duties of persons conducting businesses or undertakings that import plant, substances or structures
(1)This section applies to a person (the importer) who conducts a business or undertaking that imports—
(a)plant that is to be used, or could reasonably be expected to be used, as, or at, a workplace; or
(b)a substance that is to be used, or could reasonably be expected to be used, at a workplace; or
(c)a structure that is to be used, or could reasonably be expected to be used, as, or at, a workplace.
(2)The importer must ensure, so far as is reasonably practicable, that the plant, substance or structure is without risks to the health and safety of persons—
(a)who, at a workplace, use the plant, substance or structure for a purpose for which it was designed or manufactured; or
(b)who handle the substance at a workplace; or
(c)who store the plant or substance at a workplace; or
(d)who construct the structure at a workplace; or
(e)who carry out any reasonably foreseeable activity at a workplace in relation to—
(i)the assembly or use of the plant for a purpose for which it was designed or manufactured or the proper storage, decommissioning, dismantling or disposal of the plant; or
(ii)the use of the substance for a purpose for which it was designed or manufactured or the proper handling, storage or disposal of the substance; or
(iii)the assembly or use of the structure for a purpose for which it was designed or manufactured or the proper demolition or disposal of the structure; or
(f)who are at or in the vicinity of a workplace and who are exposed to the plant, substance or structure at the workplace or whose health or safety may be affected by a use or activity referred to in paragraph (a), (b), (c), (d) or (e).
Example—par (e)
inspection, operation, cleaning, maintenance or repair of plant
(3)The importer must—
(a)carry out, or arrange the carrying out of, any calculations, analysis, testing or examination that may be necessary for the performance of the duty imposed by subsection (2); or
(b)ensure that the calculations, analysis, testing or examination have been carried out.
(4)The importer must give adequate information to each person to whom the importer provides the plant, substance or structure concerning—
(a)each purpose for which the plant, substance or structure was designed or manufactured; and
(b)the results of any calculations, analysis, testing or examination referred to in subsection (3), including, in relation to a substance, any hazardous properties of the substance identified by testing; and
(c)any conditions necessary to ensure that the plant, substance or structure is without risks to health and safety when used for a purpose for which it was designed or manufactured or when carrying out any activity referred to in subsection (2) (a) to (e).
(5)The importer, on request, must, so far as is reasonably practicable, give current relevant information on the matters referred to in subsection (4) to a person who carries out, or is to carry out, any of the activities referred to in subsection (2) (a) to (e).
Duties of persons conducting businesses or undertakings that supply plant, substances or structures
(1)This section applies to a person (the supplier) who conducts a business or undertaking that supplies—
(a)plant that is to be used, or could reasonably be expected to be used, as, or at, a workplace; or
(b)a substance that is to be used, or could reasonably be expected to be used, at a workplace; or
(c)a structure that is to be used, or could reasonably be expected to be used, as, or at, a workplace.
(2)The supplier must ensure, so far as is reasonably practicable, that the plant, substance or structure is without risks to the health and safety of persons—
(a)who, at a workplace, use the plant or substance or structure for a purpose for which it was designed or manufactured; or
(b)who handle the substance at a workplace; or
(c)who store the plant or substance at a workplace; or
(d)who construct the structure at a workplace; or
(e)who carry out any reasonably foreseeable activity at a workplace in relation to—
(i)the assembly or use of the plant for a purpose for which it was designed or manufactured or the proper storage, decommissioning, dismantling or disposal of the plant; or
(ii)the use of the substance for a purpose for which it was designed or manufactured or the proper handling, storage or disposal of the substance; or
(iii)the assembly or use of the structure for a purpose for which it was designed or manufactured or the proper demolition or disposal of the structure; or
(f)who are at or in the vicinity of a workplace and who are exposed to the plant, substance or structure at the workplace or whose health or safety may be affected by a use or activity referred to in paragraph (a), (b), (c), (d) or (e).
Example—par (e)
inspection, operation, cleaning, maintenance or repair of plant
(3)The supplier must—
(a)carry out, or arrange the carrying out of, any calculations, analysis, testing or examination that may be necessary for the performance of the duty imposed by subsection (2); or
(b)ensure that the calculations, analysis, testing or examination have been carried out.
(4)The supplier must give adequate information to each person to whom the supplier supplies the plant, substance or structure concerning—
(a)each purpose for which the plant, substance or structure was designed or manufactured; and
(b)the results of any calculations, analysis, testing or examination referred to in subsection (3), including, in relation to a substance, any hazardous properties of the substance identified by testing; and
(c)any conditions necessary to ensure that the plant, substance or structure is without risks to health and safety when used for a purpose for which it was designed or manufactured or when carrying out any activity referred to in subsection (2) (a) to (e).
(5)The supplier, on request, must, so far as is reasonably practicable, give current relevant information on the matters referred to in subsection (4) to a person who carries out, or is to carry out, any of the activities referred to in subsection (2) (a) to (e).
Duty of persons conducting businesses or undertakings that install, construct or commission plant or structures
(1)This section applies to a person who conducts a business or undertaking that installs, constructs or commissions plant or a structure that is to be used, or could reasonably be expected to be used, as, or at, a workplace.
(2)The person must ensure, so far as is reasonably practicable, that the way in which the plant or structure is installed, constructed or commissioned ensures that the plant or structure is without risks to the health and safety of persons—
(a)who install or construct the plant or structure at a workplace; or
(b)who use the plant or structure at a workplace for a purpose for which it was installed, constructed or commissioned; or
(c)who carry out any reasonably foreseeable activity at a workplace in relation to the proper use, decommissioning or dismantling of the plant or demolition or disposal of the structure; or
(d)who are at or in the vicinity of a workplace and whose health or safety may be affected by a use or activity referred to in paragraph (a), (b) or (c).
Division 2.4 Duty of officers, workers and other persons
Duty of officers
(1)If a person conducting a business or undertaking has a duty or obligation under this Act, an officer of the person conducting the business or undertaking must exercise due diligence to ensure that the person conducting the business or undertaking complies with that duty or obligation.
Note 1Officer—see the dictionary.
Note 2Person includes a corporation, an unincorporated association and a partnership (see dictionary and Legislation Act, s 160).
Note 3A reference to an Act includes a reference to statutory instruments made or in force under the Act, including a regulation and any law or instrument applied, adopted or incorporated by the Act (see Legislation Act, s 104).
(2)Subject to subsection (3), the maximum penalty applicable under division 2.5 (Offences and penalties) or division 2.6 (Industrial manslaughter) for an offence relating to the duty of an officer under this section is the maximum penalty fixed for an officer of a person conducting a business or undertaking for that offence.
(3)Despite anything to the contrary in section 33 (Failure to comply with health and safety duty—category 3), if the duty or obligation of a person conducting a business or undertaking was imposed under a provision other than a provision of division 2.2 (Primary duty of care), division 2.3 (Further duties of persons conducting businesses or undertakings) or this division, the maximum penalty under section 33 for an offence by an officer under section 33 in relation to the duty or obligation is the maximum penalty fixed under the provision creating the duty or obligation for an individual who fails to comply with the duty or obligation.
(4)An officer of a person conducting a business or undertaking may be convicted or found guilty of an offence under this Act relating to a duty under this section whether or not the person conducting the business or undertaking has been convicted or found guilty of an offence under this Act relating to the duty or obligation.
(5)In this section:
due diligence includes taking reasonable steps—
(a)to acquire and keep up‑to‑date knowledge of work health and safety matters; and
(b)to gain an understanding of the nature of the operations of the business or undertaking of the person conducting the business or undertaking and generally of the hazards and risks associated with those operations; and
(c)to ensure that the person conducting the business or undertaking has available for use, and uses, appropriate resources and processes to eliminate or minimise risks to health and safety from work carried out as part of the conduct of the business or undertaking; and
(d)to ensure that the person conducting the business or undertaking has appropriate processes for receiving and considering information regarding incidents, hazards and risks and responding in a timely way to that information; and
(e)to ensure that the person conducting the business or undertaking has, and implements, processes for complying with any duty or obligation of the person conducting the business or undertaking under this Act; and
(f)to verify the provision and use of the resources and processes referred to in paragraphs (c) to (e).
Examples—par (e)
The duties or obligations under this Act of a person conducting a business or undertaking may include:
· reporting notifiable incidents
· consulting with workers
· ensuring compliance with notices issued under this Act
· ensuring the provision of training and instruction to workers about work health and safety
· ensuring that health and safety representatives receive their entitlements to training
Duties of workers
While at work, a worker must—
(a)take reasonable care for his or her own health and safety; and
(b)take reasonable care that his or her acts or omissions do not adversely affect the health and safety of other persons; and
(c)comply, so far as the worker is reasonably able, with any reasonable instruction that is given by the person conducting the business or undertaking to allow the person to comply with this Act; and
NoteA reference to an Act includes a reference to statutory instruments made or in force under the Act, including a regulation and any law or instrument applied, adopted or incorporated by the Act (see Legislation Act, s 104).
(d)cooperate with any reasonable policy or procedure of the person conducting the business or undertaking relating to health or safety at the workplace that has been notified to workers.
Duties of other persons at the workplace
A person at a workplace (whether or not the person has another duty under this part) must—
(a)take reasonable care for his or her own health and safety; and
(b)take reasonable care that his or her acts or omissions do not adversely affect the health and safety of other persons; and
(c)comply, so far as the person is reasonably able, with any reasonable instruction that is given by the person conducting the business or undertaking to allow the person conducting the business or undertaking to comply with this Act.
NoteA reference to an Act includes a reference to statutory instruments made or in force under the Act, including a regulation and any law or instrument applied, adopted or incorporated by the Act (see Legislation Act, s 104).
Division 2.5 Offences and penalties
Health and safety duty
In this division:
health and safety duty means a duty imposed under—
(a)division 2.2 (Primary duty of care); or
(b)division 2.3 (Further duties of persons conducting businesses or undertakings); or
(c)division 2.4 (Duty of officers, workers and other persons).
Negligence or reckless conduct—category 1
(1)A person commits a category 1 offence if—
(a)the person has a health and safety duty; and
(b)the person, without reasonable excuse, engages in conduct that—
(i)exposes an individual to whom the duty is owed to a risk of death or serious injury or illness; or
(ii)if the person is an officer of a person conducting a business or undertaking—exposes an individual, to whom the person conducting a business or undertaking owes a health and safety duty, to a risk of death or serious injury or illness; and
(c)the person—
(i)engages in the conduct with negligence; or
(ii)is reckless as to the risk to an individual of death or serious injury or illness.
Maximum penalty:
(a)for an individual—category 1 monetary penalty or imprisonment for 10 years or both; or
(b)for a body corporate—category 1 monetary penalty.
NoteStrict liability applies to s (1) (a) (see s 12A).
(2)The prosecution has the burden of proving that the conduct was engaged in without reasonable excuse.
(3)A category 1 offence is declared to be an indictable offence.
NoteAn indictable offence is an offence punishable by imprisonment for longer than 2 years or an offence declared by an ACT law to be an indictable offence (see Legislation Act, s 190 (1)).
Failure to comply with health and safety duty—category 2
A person commits a category 2 offence if—
(a)the person has a health and safety duty; and
(b)the person fails to comply with that duty; and
(c)the failure exposes an individual to a risk of death or serious injury or illness.
Maximum penalty: category 2 monetary penalty.
NoteStrict liability applies to each physical element of this offence (see s 12A).
Failure to comply with health and safety duty—category 3
A person commits a category 3 offence if—
(a)the person has a health and safety duty; and
(b)the person fails to comply with that duty.
Maximum penalty: category 3 monetary penalty.
NoteStrict liability applies to each physical element of this offence (see s 12A).
Exceptions
(1)A volunteer does not commit an offence under this division for a failure to comply with a health and safety duty, except a duty under section 28 (Duties of workers) or section 29 (Duties of other persons at the workplace).
(2)An unincorporated association does not commit an offence under this Act, and is not liable for a civil penalty under this Act, for a failure to comply with a duty or obligation imposed on the unincorporated association under this Act.
NoteA reference to an Act includes a reference to statutory instruments made or in force under the Act, including regulations and any law or instrument applied, adopted or incorporated by the Act (see Legislation Act, s 104).
(3)However—
(a)an officer of an unincorporated association (other than a volunteer) may be liable for a failure to comply with a duty under section 27 (Duties of officers); and
(b)a member of an unincorporated association may be liable for failure to comply with a duty under section 28 or 29.
Division 2.6 Industrial manslaughter
34AIndustrial manslaughter
(1)A person commits an offence if—
(a)the person conducts a business or undertaking, or is an officer of a person who conducts a business or undertaking; and
(b)the person has a health and safety duty; and
(c)the person engages in conduct; and
(d)the conduct results in a breach of the health and safety duty; and
(e)the conduct causes—
(i)the death of a worker; or
(ii)an injury to a worker and the injury later causes the death of the worker; or
(iii)the death of another person; and
(f)the person is reckless or negligent about causing the death of the worker or other person by the conduct.
Maximum penalty:
(a)for an individual—imprisonment for 20 years; or
(b)for a body corporate—industrial manslaughter monetary penalty.
NoteSee s 244 and s 245 for imputing conduct to a body corporate or the Territory.
(2)Strict liability only applies to subsection (1) (a) and (b).
NoteSubsection (2) displaces s 12A which states that strict liability applies to each physical element of each offence under this Act unless otherwise stated in the section containing the offence.
(3)An offence against this section is declared to be an indictable offence.
NoteAn indictable offence is an offence punishable by imprisonment for longer than 2 years or an offence declared by an ACT law to be an indictable offence (see Legislation Act, s 190 (1)).
(4)In this section:
causes death—a person’s conduct causes death if the conduct substantially contributes to the death.
health and safety duty means a duty imposed under—
(a)division 2.2 (Primary duty of care); or
(b)division 2.3 (Further duties of persons conducting businesses or undertakings); or
(c)section 27 (Duty of officers).
34BAlternative verdict for industrial manslaughter
(1)This section applies if, in a prosecution for an industrial manslaughter offence, the trier of fact—
(a)is not satisfied beyond reasonable doubt that the defendant committed an industrial manslaughter offence; and
(b)is satisfied beyond reasonable doubt that the defendant committed an alternative offence.
(2)The trier of fact may find the defendant guilty of the alternative offence, but only if the defendant has been given procedural fairness in relation to that finding of guilt.
(3)In this section:
alternative offence, for an industrial manslaughter offence, means a category 1 offence or a category 2 offence.
Part 3Incident notification
What is a notifiable incident
In this Act:
notifiable incident means any of the following arising out of the conduct of a business or undertaking:
(a)the death of a person;
(b)a serious injury or illness of a person;
(c)a dangerous incident;
(d)a sexual assault incident.
What is a serious injury or illness—pt 3
(1)In this part:
serious injury or illness, in relation to a person, means—
(a)an injury or illness that would ordinarily require the person to have immediate treatment as an in-patient of a hospital, whether or not treatment is available or sought; or
(b)any of the following injuries or illnesses if a person would ordinarily seek immediate treatment, whether or not treatment is available or sought:
(i)the amputation of a body part;
(ii)a serious eye injury;
(iii)a serious burn;
(iv)the separation of skin from an underlying tissue, such as degloving or scalping;
(v)a spinal injury, including a fracture of 1 or more vertebrae;
(vi)a fracture of the pelvis, the skull or other facial bones;
(vii)another serious bone fracture;
(viii)a serious crush injury;
(ix)the loss of a bodily function;
(x)serious lacerations; or
(c)a serious head injury or illness, including any head injury or illness resulting from—
(i)a significant blow, knock or other shock to the person’s head, whether or not immediate treatment is sought; or
(ii)repeated blows, knocks or shocks to the person’s head; or
(d)an injury or illness for which the person seeks treatment from a relevant registered health professional within 48 hours after exposure to a substance; or
(e)an injury or illness prescribed by regulation.
(2)A regulation may prescribe that an injury or illness is not a serious injury or illness for this part.
(3)In this section:
relevant registered health professional means—
(a)a doctor; or
(b)an enrolled nurse; or
(c)a nurse; or
(d)a person registered under the Health Practitioner Regulation National Law (ACT) to practise in the paramedicine profession (other than as a student).
What is a dangerous incident—pt 3
(1)In this part:
dangerous incident means any of the following incidents, in relation to a workplace, that immediately or imminently exposes a person to a serious risk to the person’s health and safety:
(a)an uncontrolled escape, spillage or leakage of a substance;
(b)an uncontrolled fire, implosion or explosion, including an electrical explosion or an arc flash explosion;
(c)an uncontrolled escape of gas or steam;
(d)an uncontrolled escape of a pressurised substance;
(e)an electric shock;
(f)the fall or release from a height of a thing;
(g)the collapse, overturning, failure or malfunction of, or damage to, plant that is required to be authorised for use in accordance with a regulation;
(h)a mobile plant incident;
(i)the collapse or partial collapse of a structure;
(j)the collapse or failure of an excavation or of any shoring supporting an excavation;
(k)the inrush of water, mud or gas in workings, in an underground excavation or tunnel;
(l)the interruption of the main system of ventilation in an underground excavation or tunnel;
(m)a serious fall;
(n)another incident prescribed by regulation.
(2)A regulation may prescribe that an incident is not a dangerous incident for this part.
(3)In this section:
mobile plant means plant designed to move or be moved, either autonomously or under the direct or remote control of an operator.
mobile plant incident means an incident in which—
(a)mobile plant overturns or partially overturns; or
(b)mobile plant collides with a person or thing; or
(c)a person is pinned to the ground or another thing by mobile plant; or
(d)a person is ejected from mobile plant; or
(e)mobile plant malfunctions; or
(f)mobile plant that is ordinarily controlled directly or remotely by an operator moves while not under control.
serious fall means a person falling, or the risk of a person falling—
(a)from 1 level to a lower level; or
(b)into a hole, trench, pit or void; or
(c)into a body of water; or
(d)onto a dangerous surface or object.
37AWhat is a sexual assault incident—pt 3
In this part:
sexual assault incident means an incident (including a suspected incident) in relation to a workplace that exposes a worker or any other person at the workplace to sexual assault.
Duty to notify of notifiable incidents
(1)A person who conducts a business or undertaking must ensure that the regulator is notified immediately after becoming aware that a notifiable incident has occurred.
Maximum penalty: tier D monetary penalty.
NoteStrict liability applies to each physical element of this offence (see s 12A).
(2)The notice must be given in accordance with this section and by the fastest possible means.
(3)The notice must be given—
(a)by telephone; or
(b)in writing.
NoteThe written notice can be given by fax or email, see the Legislation Act, pt 19.5.
(4)A person giving notice by telephone must—
(a)give the details of the incident requested by the regulator; and
(b)if required by the regulator, give a written notice of the incident within 48 hours of that requirement being made.
(5)A written notice must be in a form, or contain the details, approved by the regulator.
NoteIf a form is approved under s 277 for a written notice, the form must be used.
(6)If the regulator receives a notice by telephone and a written notice is not required, the regulator must give the person conducting the business or undertaking—
(a)details of the information received; or
(b)an acknowledgment of receiving the notice.
(7)A person conducting a business or undertaking must keep a record of each notifiable incident for at least 5 years from the day that notice of the incident is given to the regulator under this section.
Maximum penalty: tier F monetary penalty.
NoteStrict liability applies to each physical element of this offence (see s 12A).
(8)Despite anything else in this section, if a notifiable incident for which notice is required to be given is reported in accordance with the Dangerous Substances Act 2004, the reporting under that Act is taken to be adequate notice of the incident for the purposes of this Act.
(9)For a sexual assault incident, the person conducting the business or undertaking—
(a)need only give the following details about the incident:
(i)the name and contact details of the person conducting the business or undertaking;
(ii)a description of the workplace where the incident happened;
(iii)whether or not the incident was reported to police; and
(b)must not give information disclosing the identity of any person involved in the incident when notifying the regulator.
staff of the office, for schedule 2, part 2.2 (Office of the Work Health and Safety Commissioner)—see section 2.30.
State includes Territory.
statement of expectations, for schedule 2, part 2.2 (Office of the Work Health and Safety Commissioner)—see section 2.39.
statement of operational intent, for schedule 2, part 2.2 (Office of the Work Health and Safety Commissioner)—see section 2.40.
State or Territory industrial law—see the Fair Work Act, section 26 (2).
strategic plan, for schedule 2, part 2.2 (Office of the Work Health and Safety Commissioner)—see section 2.38.
structure means anything that is constructed, whether fixed or moveable, temporary or permanent, and includes—
(a)buildings, masts, towers, framework, pipelines, transport infrastructure and underground works (shafts or tunnels); and
(b)any component of a structure; and
(c)part of a structure.
substance means any natural or artificial substance, whether in the form of a solid, liquid, gas or vapour.
supply, of a thing—see section 6.
tier A monetary penalty—see schedule 4, section 4.2.
tier B monetary penalty—see schedule 4, section 4.2.
tier C monetary penalty—see schedule 4, section 4.2.
tier D monetary penalty—see schedule 4, section 4.2.
tier E monetary penalty—see schedule 4, section 4.2.
tier F monetary penalty—see schedule 4, section 4.2.
tier G monetary penalty—see schedule 4, section 4.2.
tier H monetary penalty—see schedule 4, section 4.2.
tier I monetary penalty—see schedule 4, section 4.2.
union means—
(a)an employee organisation that is registered, or taken to be registered, under the Fair Work (Registered Organisations) Act 2009 (Cwlth); or
(b)an association of employees or independent contractors, or both, that is registered or recognised as such an association (however described) under a State or Territory industrial law.
volunteer means a person who is acting on a voluntary basis (whether or not the person receives out‑of‑pocket expenses).
WHS civil penalty provision—see section 254.
WHS civil penalty provision tier 1—see schedule 4, section 4.3.
WHS civil penalty provision tier 2—see schedule 4, section 4.3.
WHS civil penalty provision tier 3—see schedule 4, section 4.3.
WHS civil penalty provision tier 4—see schedule 4, section 4.3.
WHS commissioner—see work health and safety commissioner.
WHS entry permit means a WHS entry permit issued under part 7 (Workplace entry by WHS entry permit‑holders).
WHS entry permit‑holder means a person who holds a WHS entry permit.
WHS undertaking means an undertaking given under section 216 (1).
worker—see section 7.
work group means a work group determined under part 5 (Consultation, representation and participation).
work health and safety commissioner means the Work Health and Safety Commissioner appointed under schedule 2, section 2.21.
workplace—see section 8.
Endnotes
About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
Abbreviation key
A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired
Legislation history
Work Health and Safety Act 2011 A2011-35
notified LR 29 September 2011
s 1, s 2 commenced 29 September 2011 (LA s 75 (1))
remainder commenced 1 January 2012 (s 2 and CN2011-12)as amended by
Statute Law Amendment Act 2011 (No 3) A2011-52 sch 3 pt 3.55
notified LR 28 November 2011
s 1, s 2 commenced 28 November 2011 (LA s 75 (1))sch 3 pt 3.55 commenced 1 January 2012 (LA s 79A and see A2011‑35))
as modified by
Work Health and Safety Regulation 2011 SL2011-36 pt 20.4A (as am by SL2012‑9 s 4, SL2012‑31 s 4)
notified LR 19 December 2011
s 1, s 2 commenced 19 December 2011 (LA s 75 (1))
pt 20.4A commenced 1 January 2012 (s 2 (1) and see Work Health and Safety Act 2011 A2011-35, s 2 and CN2011-12)Work Health and Safety Amendment Regulation 2012 (No 1) SL2012-9
notified LR 19 March 2012
s 1, s 2 taken to have commenced 1 January 2012 (LA s 75 (2))
remainder taken to have commenced 1 January 2012 (s 2)NoteThis regulation only amends the Work Health and Safety Regulation 2011 SL2011-36.
as amended by
Work Health and Safety (Bullying) Amendment Act 2012 A2012-6
notified LR 1 March 2012
s 1, s 2 commenced 1 March 2012 (LA s 75 (1))remainder commenced 1 June 2012 (s 2 and CN2012-10)
Statute Law Amendment Act 2012 A2012-21 sch 3 pt 3.58
notified LR 22 May 2012
s 1, s 2 commenced 22 May 2012 (LA s 75 (1))
amdt 3.222 commenced 5 June 2012 (s 2 (2))sch 3 pt 3.58 remainder commenced 5 June 2012 (s 2 (1))
Work Health and Safety Amendment Regulation 2012 (No 2) SL2012‑31
notified LR 5 July 2012
s 1, s 2 taken to have commenced 1 January 2012 (LA s 75 (2))
remainder taken to have commenced 1 January 2012 (s 2)NoteThis regulation only amends the Work Health and Safety Regulation 2011 SL2011-36.
Statute Law Amendment Act 2013 A2013-19 sch 3 pt 3.54
notified LR 24 May 2013
s 1, s 2 commenced 24 May 2013 (LA s 75 (1))sch 3 pt 3.54 commenced 14 June 2013 (s 2)
Statute Law Amendment Act 2013 (No 2) A2013-44 sch 3 pt 3.24
notified LR 11 November 2013
s 1, s 2 commenced 11 November 2013 (LA s 75 (1))sch 3 pt 3.24 commenced 25 November 2013 (s 2)
Statute Law Amendment Act 2014 A2014‑18 sch 3 pt 3.25
notified LR 20 May 2014
s 1, s 2 commenced 20 May 2014 (LA s 75 (1))sch 3 pt 3.25 commenced 10 June 2014 (s 2 (1))
Dangerous Substances (Asbestos Safety Reform) Legislation Amendment Act 2014 A2014‑53 pt 8
notified LR 3 December 2014
s 1, s 2 commenced 3 December 2014 (LA s 75 (1))pt 8 commenced 1 January 2015 (s 2)
Red Tape Reduction Legislation Amendment Act 2015 A2015-33 sch 1 pt 1.78
notified LR 30 September 2015
s 1, s 2 commenced 30 September 2015 (LA s 75 (1))
sch 1 pt 1.78 commenced 14 October 2015 (s 2)Red Tape Reduction Legislation Amendment Act 2016 A2016‑18 sch 3 pt 3.50
notified LR 13 April 2016
s 1, s 2 commenced 13 April 2016 (LA s 75 (1))sch 3 pt 3.50 commenced 27 April 2016 (s 2)
Workplace Privacy Amendment Act 2016 A2016-22 s 22
notified LR 14 April 2016
s 1, s 2 commenced 14 April 2016 (LA s 75 (1))
s 22 commenced 14 October 2016 (s 2 (1) (as am by A2016-37 amdt 1.44) and LA s 79)Emergencies Amendment Act 2016 A2016‑33 sch 1 pt 1.24
notified LR 20 June 2016
s 1, s 2 commenced 20 June 2016 (LA s 75 (1))sch 1 pt 1.24 commenced 21 June 2016 (s 2)
Justice and Community Safety Legislation Amendment Act 2016 A2016‑37 amdt 1.44
s 1, s 2 commenced 22 June 2016 (LA s 75 (1))
amdt 1.44 commenced 29 June 2016 (s 2)NoteThis Act only amends the Workplace Privacy Amendment Act 2016 A2016-22.
Public Sector Management Amendment Act 2016 A2016-52 sch 1 pt 1.65
notified LR 25 August 2016
s 1, s 2 commenced 25 August 2016 (LA s 75 (1))
sch 1 pt 1.65 commenced 1 September 2016 (s 2)Work Health and Safety Legislation Amendment Act 2018 A2018-8 pt 3
notified LR 5 March 2018
s 1, s 2 commenced 5 March 2018 (LA s 75 (1))
pt 3 commenced 29 March 2018 (s 2)Work Health and Safety Amendment Act 2018 A2018-26 pt 2
notified LR 15 August 2018
s 1, s 2 commenced 15 August 2018 (LA s 75 (1))
pt 2 commenced 1 January 2019 (s 2)Red Tape Reduction Legislation Amendment Act 2018 A2018-33 sch 1 pt 1.42
notified LR 25 September 2018
s 1, s 2 commenced 25 September 2018 (LA s 75 (1))
sch 1 pt 1.42 commenced 23 October 2018 (s 2 (4))Courts (Fair Work and Work Safety) Legislation Amendment Act 2019 A2019-32 pt 6
notified LR 9 October 2019
s 1, s 2 commenced 9 October 2019 (LA s 75 (1))
s 3, pt 6 commenced 10 October 2019 (s 2 (1))Work Health and Safety Amendment Act 2019 A2019-38
notified LR 31 October 2019
s 1, s 2 commenced 31 October 2019 (LA s 75 (1))
ss 3-21, s 23, s 24 and s 27 commenced 5 December 2019 (s 2 (1) and CN2019-20)
remainder commenced 30 April 2020 (s 2 (1) and LA s 79)Employment and Workplace Safety Legislation Amendment Act 2020 A2020-30 pt 4 (as am by A2020-42 s 70)
notified LR 9 July 2020
s 1, s 2 commenced 9 July 2020 (LA s 75 (1))ss 105-108 commenced 7 September 2020 (s 2 (2) (as am by
s 70) and CN2020-20)
A2020-42pt 4 remainder commenced 10 July 2020 (s 2 (1))
Justice Legislation Amendment Act 2020 A2020-42 s 70
notified LR 27 August 2020
s 1, s 2 commenced 27 August 2020 (LA s 75 (1))
s 70 commenced 28 August 2020 (s 2 (9))NoteThis Act only amends the Employment and Workplace Safety Legislation Amendment Act 2020 A2020-30.
Work Health and Safety Amendment Act 2021 A2021-19
notified LR 11 August 2021
s 1, s 2 commenced 11 August 2021 (LA s 75 (1))
remainder commenced 11 November 2021 (s 2)Legislation (Legislative Assembly Committees) Amendment Act 2022 A2022-4 sch 1 pt 1.23
notified LR 30 March 2022
s 1, s 2 commenced 30 March 2022 (LA s 75 (1))
sch 1 pt 1.23 commenced 6 April 2022 (s 2)Workplace Legislation Amendment Act 2022 A2022-23 pt 4
notified LR 9 December 2022
s 1, s 2 commenced 9 December 2022 (LA s 75 (1))
pt 4 commenced 9 June 2023 (s 2 (2))Work Health and Safety Amendment Act 2023 A2023-31
notified LR 7 July 2023
s 1, s 2 taken to have commenced 20 October 2022 (LA s 75 (2))
remainder taken to have commenced 20 October 2022 (s 2)Workplace Legislation Amendment Act 2024 A2024-15 pt 4
notified LR 19 April 2024
s 1, s 2 commenced 19 April 2024 (LA s 75 (1))
pt 4 commenced 19 August 2024 (s 2 (2))Workplace Legislation Amendment Act 2025 A2025-18 pt 6
notified LR 2 July 2025
s 1, s 2 commenced 2 July 2025 (LA s 75 (1))
pt 6 commenced 9 July 2025 (s 2 (1))Statute Law Amendment Act 2025 A2025-29 sch 3 pt 3.108
notified LR 6 November 2025
s 1, s 2 commenced 6 November 2025 (LA s 75 (1))
sch 3 pt 3.108 awaiting commencementWorkplace Legislation Amendment Act 2025 (No 3) A2025-30 pt 7, sch 1 pt 1.5
notified LR 12 November 2025
s 1, s 2 commenced 12 November 2025 (LA s 75 (1))
pt 7, sch 1 pt 1.5 commenced 19 November 2025 (s 2 (3))Amendment history
Long title
long titleam A2018‑8 s 27
Commencement
s 2om LA s 89 (4)
Scope
s 12am A2018‑8 s 28, s 29
Application of Act to dangerous goods and high risk plant—sch 1
s 12AAins A2018‑8 s 30
Offences against Act—application of Criminal Code etc
s 12Bam A2024‑15 s 7
Duty of officers
s 27am A2021‑19 s 4
Negligence or reckless conduct—category 1
s 31 hdgsub A2022‑23 s 19
s 31am A2012‑21 amdt 3.220; A2019‑32 s 17; A2022‑23 s 20; A2024‑15 s 8, s 9
Failure to comply with health and safety duty—category 2
s 32am A2024‑15 s 10
Failure to comply with health and safety duty—category 3
s 33am A2024‑15 s 11
Industrial manslaughter
div 2.6 hdgins A2021‑19 s 5
Industrial manslaughter
s 34Ains A2021‑19 s 5
am A2024‑15 s 12
Alternative verdict for industrial manslaughter
s 34Bins A2021‑19 s 5
What is a notifiable incident
s 35am A2022‑23 s 21; A2025‑30 s 30
What is a serious injury or illness—pt 3
s 36am A2012‑21 amdt 3.221
subA2025‑30 s 31
What is a dangerous incident—pt 3
s 37sub A2025‑30 s 31
What is a sexual assault incident—pt 3
s 37Ains A2022‑23 s 22
Duty to notify of notifiable incidents
s 38am A2022‑23 s 23; A2024‑15 s 31, s 32; A2025‑30 s 32
Duty to preserve incident sites and evidence
s 39 hdgsub A2025‑30 s 33
s 39am A2022‑23 s 24; A2024‑15 s 31; A2025‑30 ss 34-37
Person conducting business or undertaking and person with management or control of workplace to notify each other of notifiable incidents
s 39Ains A2025‑30 s 38
Requirements for authorisation of workplaces
s 41am A2024‑15 s 29
Requirements for authorisation of plant or substance
s 42am A2024‑15 s 30
Requirements for authorisation of work
s 43am A2024‑15 s 30
Requirements for prescribed qualifications or experience
s 44am A2024‑15 s 30
Requirement to comply with conditions of authorisation
s 45am A2024‑15 s 30
Duty to consult with other duty‑holders
s 46am A2024‑15 s 30
Duty to consult workers
s 47am A2024‑15 s 30
Definitions
sdiv 5.3.1A hdg ins A2018-26 s 4
Meaning of major construction project—pt 5
s 49Ains A2018-26 s 4
Meaning of principal contractor—pt 5
s 49Bins A2018-26 s 4
Meaning of eligible union—div 5.3
s 49Cins A2018-26 s 4
Consultation with eligible unions—major construction project
s 50Ains A2018-26 s 5
am A2024‑15 s 31
Exemption from certain requirements under this part
s 50Bins A2018-26 s 5
Election of health and safety representatives—major construction project
s 50Cins A2018-26 s 5
Determination of work groups
s 51am A2018-26 s 6
Negotiations for agreement for work group
s 52am A2011‑52 amdt 3.202; A2018-26 s 7, s 8; A2022‑23 s 25; A2024‑15 s 31
Notice to workers
s 53am A2024‑15 s 33
Failure of negotiations
s 54am A2018-26 s 9, s 10
Determination of work groups of multiple businesses
s 55am A2018-26 s 11
Negotiation of agreement for work groups of multiple businesses
s 56am A2024‑15 s 31
Notice to workers
s 57am A2024‑15 s 33
Procedure for election of health and safety representatives
s 61am A2024‑15 s 31
General obligations of person conducting business or undertaking
s 70am A2024‑15 s 31
Exceptions from obligations under s 70 (1)
s 71am A2024‑15 s 31
Obligation to train health and safety representatives
s 72am A2018-26 s 12; A2022‑23 s 26, s 27; A2024‑15 s 31
Obligation to train health and safety representatives—major construction project
s 72Ains A2018-26 s 13
am A2024‑15 s 31
Obligation to share costs if multiple businesses or undertakings
s 73am A2018-26 s 14
List of health and safety representatives
s 74am A2024‑15 s 33
Health and safety committees
s 75am A2024‑15 s 32
Constitution of committee
s 76am A2018-26 s 15, s 16
Duties of person conducting business or undertaking
s 79am A2024‑15 s 31
Obligation to train health and safety committee members—major construction project
s 79Ains A2018-26 s 17
am A2024‑15 s 31
Health and safety representative may direct that unsafe work cease
s 85am A2018-26 s 18
Provisional improvement notices
s 90am A2018-26 s 18
Display of provisional improvement notice
s 97am A2024‑15 s 32
Offence to contravene a provisional improvement notice
s 99am A2024‑15 s 29
Prohibition of discriminatory conduct
s 104am A2024‑15 s 28
Prohibition of requesting, instructing, inducing, encouraging, authorising or assisting discriminatory conduct
s 107am A2024‑15 s 28
Prohibition of coercion or inducement
s 108am A2012‑21 amdt 3.222; A2016‑33 amdt 1.55; A2024‑15 s 28
Misrepresentation
s 109am A2024‑15 s 28
Rights that may be exercised while at workplace
s 118am A2020‑30 ss 105-107; A2024‑15 s 34
Notice of exercise of right under s 118 (1) (da)
s 118Ains A2020‑30 s 108
Contravening WHS entry permit conditions
s 123am A2024‑15 s 13
WHS entry permit‑holder must also hold permit under other law
s 124am A2024‑15 s 35
WHS entry permit to be available for inspection
s 125am A2024‑15 s 35
When right may be exercised
s 126am A2024‑15 s 35
Work health and safety requirements
s 128am A2024‑15 s 35
Residential premises
s 129am A2024‑15 s 35
Application for WHS entry permit
s 131am A2012‑21 amdt 3.223; A2016‑18 amdt 3.225, amdt 3.226
Contravening order made to deal with dispute
s 143am A2024‑15 s 34
Person must not refuse or delay entry of WHS entry permit‑holder
s 144am A2024‑15 s 34
Person must not hinder or obstruct WHS entry permit‑holder
s 145am A2024‑15 s 34
WHS entry permit‑holder must not delay, hinder or obstruct any person or disrupt work at workplace
s 146am A2024‑15 s 35
Misrepresentations about things authorised by this part
s 147am A2024‑15 s 34
Unauthorised use or disclosure of information or documents
s 148am A2024‑15 s 14, s 34
Return of WHS entry permits
s 149am A2024‑15 s 15
Union to provide information to regulator
s 150am A2024‑15 s 16
Powers of regulator to obtain information
s 155am A2014‑18 amdt 3.126; A2022‑23 ss 28-30; A2024‑15 s 31
Appointment of inspectors
s 156am A2025‑30 amdt 1.10
General powers on entry
s 165am A2012‑21 amdt 3.224; A2024‑15 s 31
Search warrants
s 167am A2016‑18 amdt 3.227
Warrants—application made other than in person
s 167Aam A2018‑33 amdt 1.81, amdt 1.82
Power to require production of documents and answers to questions
s 171am A2022‑23 ss 31-34; A2024‑15 s 31
Abrogation of privilege against self-incrimination
s 172am A2022‑23 s 35; A2024‑15 s 17
Warning to be given
s 173am A2022‑23 ss 36-39
Powers supporting seizure
s 177am A2024‑15 s 31
Power to require name and address
s 185am A2012‑21 amdt 3.225; A2024‑15 s 18
Offence to hinder or obstruct inspector
s 188am A2024‑15 s 31
Offence to impersonate inspector
s 189am A2024‑15 s 19
Offence to assault, threaten or intimidate inspector
s 190am A2024‑15 s 20
Compliance with improvement notice
s 193am A2024‑15 s 29
Compliance with prohibition notice
s 197am A2024‑15 s 28
Prohibited asbestos notices
div 10.2A hdg ins A2020‑30 s 109
Definitions—div 10.2A
s 197Ains A2020‑30 s 109
def asbestos ins A2020‑30 s 109
def asbestos containing material (ACM) ins A2020‑30 s 109
def prohibited asbestos ins A2020‑30 s 109
def relevant person ins A2020‑30 s 109
Issue of prohibited asbestos notice
s 197Bins A2020‑30 s 109
Contents of prohibited asbestos notice
s 197Cins A2020‑30 s 109
Compliance with prohibited asbestos notice
s 197Dins A2020‑30 s 109
am A2024‑15 s 28
Extension of time for compliance with prohibited asbestos notice
s 197Eins A2020‑30 s 109
Compliance with non‑disturbance notice
s 200am A2024‑15 s 29
Application—div 10.4
s 202am A2020‑30 s 110
Directions in notices
s 204am A2020‑30 s 111, s 112
Recommendations in notice
s 205am A2020‑30 s 113
Changes to notice
s 206sub A2020‑30 s 114
Regulator may vary or cancel notice
s 207am A2020‑30 s 115
Display of notice
s 210am A2024‑15 s 32
When regulator may carry out action
s 211am A2020‑30 s 116
Power of the regulator to take other remedial action
s 212am A2020‑30 s 117, s 118
Costs of remedial or other action
s 213am A2020‑30 s 119
Application—div 10.6
s 214am A2020‑30 s 120
Regulator may accept WHS undertakings
s 216am A2021‑19 s 6
Compliance with WHS undertaking
s 219am A2024‑15 s 29
Which decisions are reviewable
s 223am A2018-26 s 19, s 20; A2020‑30 s 121
Application for external review
s 229am A2013‑44 amdt 3.202
Procedure if prosecution is not brought
s 231am A2021‑19 s 7, s 8; A2022‑23 ss 40-42
Limitation period for prosecutions
s 232am A2021‑19 s 9; A2025‑30 s 39; ss renum R29 LA
Offence to fail to comply with order
s 242am A2024‑15 s 29
Offences by bodies corporate
div 13.4 hdgsub A2024‑15 s 21
Definitions—div 13.4
s 244sub A2024‑15 s 21
def authorised person ins A2024‑15 s 21
def board of directors ins A2024‑15 s 21
Physical elements
s 244Ains A2024‑15 s 21
Fault elements other than negligence
s 244Bins A2024‑15 s 21
Negligence
s 244BAins A2024‑15 s 21
Mistake of fact
s 244Cins A2024‑15 s 21
Failure to take reasonable precautions
s 244Dins A2024‑15 s 21
How this division applies to public authorities
s 244Eins A2024‑15 s 21
Officers
s 247am A2011‑52 amdt 3.203
Responsible agency for the Territory
s 248am A2012‑21 amdt 3.226
When is a provision a WHS civil penalty provision
s 254am A2024‑15 s 22
Confidentiality of information
s 271am A2022‑23 s 43; A2024‑15 s 31
Additional ways that regulator may use and share information
s 271Ains A2022‑23 s 44
am A2024‑15 s 23
No insurance or other indemnity against penalties
s 272Ains A2022‑23 s 45
am A2024‑15 s 29
Liability of officers for offences by body corporate under s 272A
s 272Bins A2022‑23 s 45
am A2024‑15 s 24
Person not to levy workers
s 273am A2024‑15 s 32
Relationship with Legislative Assembly
s 273Ains A2023‑31 s 4
Approved codes of practice
s 274am A2013‑19 amdt 3.515; A2013‑44 amdt 3.203, amdt 3.204; A2014-53 s 64; A2015‑33 amdt 1.267
Regulation‑making powers
s 276am A2014‑18 amdt 3.127; A2024‑15 s 25
Approved forms
s 277am A2012‑21 amdt 3.227
Transitional
pt 20 hdgexp 1 January 2014 (s 307 (1) (LA s 88 declaration applies))
Definitions—pt 20
s 300exp 1 January 2014 (s 307 (1) (LA s 88 declaration applies))
def commencement day exp 1 January 2014 (s 307 (1) (LA s 88 declaration applies))
Worker consultation units to be work groups
s 301exp 1 January 2014 (s 307 (1) (LA s 88 declaration applies))
Work safety representatives to be health and safety representatives
s 302exp 1 January 2014 (s 307 (1) (LA s 88 declaration applies))
Work safety committees to be health and safety committees
s 303exp 1 January 2014 (s 307 (1) (LA s 88 declaration applies))
Authorised representatives to be WHS entry permit‑holders
s 304exp 1 January 2014 (s 307 (1) (LA s 88 declaration applies))
Inspectors
s 305exp 1 January 2014 (s 307 (1) (LA s 88 declaration applies))
Investigations under Work Safety Act 2008
s 305Ains as mod SL2011‑36 s 816A (as ins by SL2012‑9 s 4)
sub as mod SL2011‑36 s 816A (as ins by SL2012‑31 s 4)
exp 1 January 2014 (s 305A and see s 307 (1)
Functions under director-general’s delegations
s 305Bins as mod SL2011‑36 s 816A (as ins by SL2012‑31 s 4)
exp 1 January 2014 (s 305B and see s 307 (1)
Membership of Work Safety Council
s 305Cins as mod SL2011‑36 s 816A (as ins by SL2012‑31 s 4)
exp 1 January 2014 (s 305C and see s 307 (1)
Transitional regulations
s 306exp 1 January 2014 (s 307 (1) (LA s 88 declaration applies))
Expiry—pt 20
s 307exp 1 January 2014 (s 307 (1) (LA s 88 declaration applies))
Transitional—investigations
pt 21 hdgins A2014‑18 amdt 3.128
exp 10 June 2019 (s 311)
Meaning of commencement day—pt 21
s 308ins A2014‑18 amdt 3.128
exp 10 June 2019 (s 311)
Investigations under Work Safety Act 2008 (repealed)
s 309ins A2014‑18 amdt 3.128
exp 10 June 2019 (s 311)
Functions under director-general’s delegations
s 310ins A2014‑18 amdt 3.128
exp 10 June 2019 (s 311)
Expiry—pt 21
s 311ins A2014‑18 amdt 3.128
exp 10 June 2019 (s 311)
Application of Act to dangerous goods and high risk plant
sch 1 hdgam A2018‑8 s 31
sch 1am A2018‑8 s 32, s 33
Work health and safety council
sch 2 pt 2.1 hdg sub A2019‑38 s 4
Establishment
sch 2 s 2.1am A2019‑38 s 5
Functions
sch 2 s 2.2am A2012‑6 s 4, s 5; A2016-22 s 22; A2019‑38 ss 6-8
Membership
sch 2 s 2.3sub A2019‑38 s 9
Meaning of appointed member—div 2.1.2
sch 2 s 2.3Ains A2019‑38 s 10
Terms of appointment
sch 2 s 2.4am A2019‑38 ss 11-13; A2025‑18 s 11
Chair and deputy chair
sch 2 s 2.5sub A2019‑38 s 14
Reporting of disclosed council interests to Minister
sch 2 s 2.8am A2022-4 amdt 1.82, amdt 1.83
Ending appointment of council member
sch 2 s 2.9am A2019‑38 ss 15-18
Quorum at council meetings
sch 2 s 2.12am A2019‑38 s 19
Voting at council meetings
sch 2 s 2.13sub A2019‑38 s 20
Establishment
sch 2 s 2.16am A2019‑38 s 21
Office of the Work Health and Safety Commissioner
sch 2 pt 2.2 hdg sub A2019‑38 s 22
Preliminary
sch 2 div 2.2.1 hdg ins A2019‑38 s 22
Definitions—pt 2.2
sch 2 s 2.17sub A2019‑38 s 22
def compliance and enforcement policy ins A2019‑38 s 22
def statement of expectations ins A2019‑38 s 22
def statement of operational intent ins A2019‑38 s 22
def strategic plan ins A2019‑38 s 22
Establishment and functions of office
sch 2 div 2.2.2 hdg ins A2019‑38 s 22
Establishment of office
sch 2 s 2.18am A2016‑52 amdt 1.174
sub A2019‑38 s 22
Constitution of office
sch 2 s 2.19sub A2019‑38 s 22
Functions of office
sch 2 s 2.20sub A2019‑38 s 22
Work health and safety commissioner
sch 2 div 2.2.3 hdg ins A2019‑38 s 22
Appointment of WHS commissioner
sch 2 s 2.21sub A2019‑38 s 22
am A2025‑30 amdt 1.10
Functions of WHS commissioner
sch 2 s 2.22sub A2019‑38 s 22
Independence of WHS commissioner and Ministerial directions
sch 2 s 2.23om A2016‑52 amdt 1.175
ins A2019‑38 s 22
Duty of good conduct
sch 2 s 2.24am A2016‑52 amdt 1.176
sub A2019‑38 s 22
Disclosure of interests
sch 2 s 2.25ins A2019‑38 s 22
Outside employment
sch 2 s 2.26ins A2019‑38 s 22
Ending appointment—generally
sch 2 s 2.27ins A2019‑38 s 22
Ending appointment—council no-confidence resolution
sch 2 s 2.28ins A2019‑38 s 22
Leave of absence
sch 2 s 2.29ins A2019‑38 s 22
Office—staff
sch 2 div 2.2.4 hdg ins A2019‑38 s 22
Meaning of staff of the office—pt 2.2
sch 2 s 2.30ins A2019‑38 s 22
Appointment of deputy WHS commissioner
sch 2 s 2.31ins A2019‑38 s 22
am A2025‑30 amdt 1.10, amdt 1.11
Employment of staff
sch 2 s 2.32ins A2019‑38 s 22
Engagement of consultants and contractors
sch 2 s 2.33ins A2019‑38 s 22
Independence of staff of the office
sch 2 s 2.34ins A2019‑38 s 22
Delegation of functions
sch 2 s 2.35ins A2019‑38 s 22
Other arrangements for staff and facilities
sch 2 s 2.36ins A2019‑38 s 22
Office—policy and reporting framework
sch 2 div 2.2.5 hdg ins A2019‑38 s 22
Compliance and enforcement policy
sch 2 s 2.37ins A2019‑38 s 22
Strategic plan
sch 2 s 2.38ins A2019‑38 s 22
Ministerial statement of expectations
sch 2 s 2.39ins A2019‑38 s 22
Statement of operational intent
sch 2 s 2.40ins A2019‑38 s 22
Annual report
sch 2 s 2.41ins A2019‑38 s 22
Authorisations
sch 3 s 7.1am A2016‑18 amdt 3.228
Penalty amounts
sch 4 hdgins A2024‑15 s 26
Monetary penalties—categories 1 to 3
sch 4 s 4.1ins A2024‑15 s 26
Monetary penalties—industrial manslaughter
sch 4 s 4.1Ains A2024‑15 s 26
Monetary penalties—tiers A to I
sch 4 s 4.2ins A2024‑15 s 26
Monetary penalties—WHS civil penalty tiers 1 to 4
sch 4 s 4.3ins A2024‑15 s 26
Indexation of penalty amounts
sch 4 s 4.4ins A2024‑15 s 26
Rounding of maximum penalty amounts
sch 4 s 4.5ins A2024‑15 s 26
Notification of adjusted maximum penalty amounts
sch 4 s 4.6ins A2024‑15 s 26
Dictionary
dictam A2012‑21 amdt 3.228, amdt 3.229; A2015‑33 amdt 1.268; A2025‑30 s 40
def appointed member ins A2019‑38 s 23
def asbestos ins A2020‑30 s 122
def asbestos containing material (ACM) ins A2020‑30 s 122
def authorised person ins A2024‑15 s 27
def board of directors ins A2024‑15 s 27
def category 1 monetary penalty ins A2024‑15 s 27
def category 2 monetary penalty ins A2024‑15 s 27
def category 3 monetary penalty ins A2024‑15 s 27
def commissioner ins A2019‑38 s 23
def compliance and enforcement policy ins A2019‑38 s 23
def council ins A2013‑19 amdt 3.516
am A2019‑38 s 24
def eligible union ins A2018-26 s 21
def fault element ins A2024‑15 s 27
def industrial manslaughter monetary penalty ins A2024‑15 s 27
def industrial manslaughter offence ins A2021‑19 s 10
def infringement notice ins A2012‑21 amdt 3.230
def infringement notice offence ins A2012‑21 amdt 3.230
def major construction project ins A2018-26 s 21
def medical treatment om A2012‑21 amdt 3.231
def office ins A2019‑38 s 25
def office of the work health and safety commissioner ins A2019‑38 s 25
def officer am A2012‑21 amdt 3.232
def physical element ins A2024‑15 s 27
def principal contractor ins A2018-26 s 21
def prohibited asbestos ins A2020‑30 s 122
def regulator sub A2019‑38 s 26
def relevant person ins A2020‑30 s 122
def sexual assault incident ins A2022‑23 s 46
def staff of the office ins A2019‑38 s 27
def statement of expectations ins A2019‑38 s 27
def statement of operational intent ins A2019‑38 s 27
def strategic plan ins A2019‑38 s 27
def tier A monetary penalty ins A2024‑15 s 27
def tier B monetary penalty ins A2024‑15 s 27
def tier C monetary penalty ins A2024‑15 s 27
def tier D monetary penalty ins A2024‑15 s 27
def tier E monetary penalty ins A2024‑15 s 27
def tier F monetary penalty ins A2024‑15 s 27
def tier G monetary penalty ins A2024‑15 s 27
def tier H monetary penalty ins A2024‑15 s 27
def tier I monetary penalty ins A2024‑15 s 27
def WHS civil penalty provision tier 1 ins A2024‑15 s 27
def WHS civil penalty provision tier 2 ins A2024‑15 s 27
def WHS civil penalty provision tier 3 ins A2024‑15 s 27
def WHS civil penalty provision tier 4 ins A2024‑15 s 27
def WHS commissioner ins A2019‑38 s 27
def work health and safety commissioner ins A2019‑38 s 27
def work safety commissioner om A2019‑38 s 28
Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
Republication No and date Effective Last amendment made by Republication for R1
1 Jan 20121 Jan 2012–
31 May 2012A2011‑52 new Act and amendments by A2011‑52 R1 (RI)
19 Mar 20121 Jan 2012–
31 May 2012A2011‑52 reissue for retrospective modifications by SL2011‑36 as amended by SL2012‑9 R1 (RI No 2)
5 July 20121 Jan 2012–
31 May 2012A2011‑52 further reissue for retrospective modification by SL2011‑36 as amended by SL2012‑31 R2
1 June 20121 June 2012–
4 June 2012A2012‑6 amendments by A2012‑6 R3
5 June 20125 June 2012–
13 June 2013A2012‑21 amendments by A2012‑21 R3 (RI)
5 July 20125 June 2012–
13 June 2013A2012‑21 reissue for retrospective modification by SL2011‑36 as amended by SL2012‑31 R4
14 June 201314 June 2013–
24 Nov 2013A2013‑19 amendments by A2013‑19 R5
25 Nov 201325 Nov 2013–
1 Jan 2014A2013‑44 amendments by A2013‑44 R6
2 Jan 20142 Jan 2014–
9 June 2014A2013‑44 expiry of modifications and transitional provisions (pt 20) R7
10 June 201410 June 2014–
31 Dec 2014A2014-18 amendments by A2014-18 R8
1 Jan 20151 Jan 2015–
13 Oct 2015A2014-53 amendments by A2014-53 R9
14 Oct 201514 Oct 2015–
26 Apr 2016A2015‑33 amendments by A2015‑33 R10
27 Apr 201627 Apr 2016–
20 June 2016A2016‑18 amendments by A2016‑18 R11
21 June 201621 June 2016–
28 June 2016A2016‑33 amendments by A2016‑33 R12
29 June 201629 June 2016–
31 Aug 2016A2016-37 updated endnotes as amended by A2016-37 R13
1 Sept 20161 Sept 2016–
13 Oct 2016A2016‑52 amendments by A2016‑52 R14
14 Oct 201614 Oct 2016–
28 Mar 2018A2016-37 amendments by A2016-22 as amended by A2016-37 R15
29 Mar 201829 Mar 2018–
22 Oct 2018A2018‑8 amendments by A2018‑8 R16
23 Oct 201823 Oct 2018–
31 Dec 2018A2018‑33 amendments by A2018‑33 R17
1 Jan 20191 Jan 2019–
10 June 2019A2018‑26 amendments by A2018‑26 R18
11 June 201911 June 2019–
9 Oct 2019A2018‑26 expiry of transitional provisions (pt 21) R19
10 Oct 201910 Oct 2019–
4 Dec 2019A2019‑32 amendments by A2019‑32 R20
5 Dec 20195 Dec 2019–
29 Apr 2020A2019‑38 amendments by A2019‑38 R21
30 Apr 202030 Apr 2020–
9 July 2020A2019‑38 amendments by A2019‑38 R22
10 July 202010 July 2020–
6 Sept 2020A2020‑30 amendments by A2020‑30 R23
7 Sept 20207 Sept 2020–
10 Nov 2021A2020-42 amendments by A2020‑30 and A2020-42 R24
11 Nov 202111 Nov 2021–
5 Apr 2022A2021‑19 amendments by A2021‑19 R25
6 Apr 20226 Apr 2022–
19 Oct 2022A2022‑4 amendments by A2022‑4 R25A
7 July 202320 Oct 2022–
8 June 2023A2023‑31 retrospective amendment by A2023‑31 R26
9 June 20239 June 2023–
18 Aug 2024A2022‑23 amendments by A2022‑23
does not include retrospective amendment by A2023-31 (see reissued republication)R26 (RI)
7 July 20239 June 2023–
18 Aug 2024A2022‑23 retrospective amendment by A2023-31 R27
19 Aug 202419 Aug 2024–
8 July 2025A2024‑15 amendments by A2024‑15 R28
9 July 20259 July 2025–
18 Nov 2025A2025‑18 amendments by A2025‑18
Expired transitional or validating provisions
This Act may be affected by transitional or validating provisions that have expired. The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)).
Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp’ followed by the date of the expiry.
To find the expired provisions see the version of this Act before the expiry took effect. The ACT legislation register has point-in-time versions of this Act.
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