Work Health and Safety Act 2011 (Cth)
This is a compilation of the
The notes at the end of this compilation (the
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
For more information about any editorial changes made in this compilation, see the endnotes.
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
This Act may be cited as the
Work Health and Safety Act 2011 .
This Act commences on 1 January 2012.
(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; and
(b) providing for fair and effective workplace representation, consultation, co‑operation 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 this jurisdiction.
(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 as is reasonably practicable.
In this Act:
approved code of practice means a code of practice approved under Part 14.
ASIS means the Australian Secret Intelligence Service.
Australia , when used in its geographical sense, includes the external Territories.
Australian Border Force has the same meaning as in theAustralian Border Force Act 2015 .
Australian Border Force Commissioner has the same meaning as in theAustralian Border Force Act 2015 .
Australian Border Force worker means the following persons:
(a) a person who is covered by paragraph (a) of the definition of
Immigration and Border Protection worker in subsection 4(1) of theAustralian Border Force Act 2015 and who is in the Australian Border Force or whose services are made available to the Australian Border Force;(b) a person who is covered by paragraph (b), (c), (d), (e) or (f) of that definition and whose services are made available to, or who is performing services for, the Australian Border Force.
authorised , in Part 4—see section 40.
authorised person , for a body corporate, in Division 4 of Part 13—see section 244.
authorised person , for the Commonwealth, in Division 5 of Part 13—see section 245.
authorising authority means the Fair Work Commission.
board of directors , of a body corporate, in Division 4 of Part 13—see section 244.
category 1 monetary penalty —see clause 1 of Schedule 4.
Category 1 offence —see section 31.
category 2 monetary penalty —see clause 1 of Schedule 4.
Category 2 offence —see section 32.
category 3 monetary penalty —see clause 1 of Schedule 4.
Category 3 offence —see section 33.
Comcare means the body corporate established under section 68 of theSafety, Rehabilitation and Compensation Act 1988 .
Commonwealth includes any person or body, other than a public authority, that is a non‑corporate Commonwealth entity (within the meaning of thePublic Governance, Performance and Accountability Act 2013 ).
compliance powers means the functions and powers conferred on an inspector under this Act.
condition includes limitation and restriction.
construct includes assemble, erect, reconstruct, reassemble and re‑erect.
corresponding regulator means a regulator under a corresponding WHS law.
corresponding WHS law means each of the following:
(a) the
Work Health and Safety Act 2011 of New South Wales;(b) the
Occupational Health and Safety Act 2004 of Victoria;(c) the
Work Health and Safety Act 2011 of Queensland;(d) the
Work Health and Safety Act 2020 of Western Australia;(e) the
Work Health and Safety Act 2012 of South Australia;(f) the
Work Health and Safety Act 2012 of Tasmania;(g) the
Work Health and Safety Act 2011 of the Australian Capital Territory;(h) the
Work Health and Safety (National Uniform Legislation) Act 2011 (NT);(i) any other law of a State or Territory prescribed by the regulations.
court means:
(a) the Federal Court of Australia; and
(b) the Federal Circuit and Family Court of Australia (Division 2); and
(c) the Supreme Court of a State or of the Australian Capital Territory or the Northern Territory; and
(d) a court of a State or Territory prescribed by the regulations for the purposes of section 273A.
dangerous incident , in Part 3—see section 37.
demolition includes deconstruction.
design , in relation to plant, a substance or a structure includes:
(a) design of part of the plant, substance or structure; and
(b) redesign or modify a design.
disclose , in relation to information, includes divulge or communicate to any person or publish.
discriminatory conduct , in Part 6—see section 105.
document includes record.
emergency services worker means:
(a) a member of 1 of the following:
(i) a police force or service;
(ii) a fire service;
(iii) an ambulance service;
(iv) a coast guard service, rescue service or emergency service;
(v) any other organisation prescribed by the regulations for the purposes of this subparagraph; or
(b) a member of the Defence Force who is engaged in civil emergency or disaster relief operations; or
(c) a person who is an emergency services worker under a corresponding WHS law.
employee record , in relation to an employee, has the same meaning as it has in thePrivacy Act 1988 .
employer organisation means an organisation of employers.
engage in conduct means doing an act or omitting to do an act.
executive , of an agency of the Commonwealth, in Division 5 of Part 13—see section 245.
Fair Work Act means theFair Work Act 2009 .
Fair Work Commission means the body continued in existence under section 575 of theFair Work Act 2009 .
fault element , in relation to an offence, has the same meaning as in theCriminal Code .
handling includes transport.
health means physical and psychological health.
health and safety duty —see section 30.
health and safety representative , in relation to a worker, means the health and safety representative elected under Part 5 for the work group of which the worker is a member.
Immigration and Border Protection Secretary means the Secretary of the Department administered by the Minister administering theAustralian Border Force Act 2015 .
import means to bring into the jurisdiction from outside Australia.
inspector means an inspector appointed under Part 9.
internal reviewer means:
(a) the regulator; or
(b) a person appointed by the regulator under section 225.
legal practitioner means a person who is admitted to the legal profession by a federal court or a Supreme Court of a State or Territory.
local authority means a local authority under a corresponding WHS law.
medical treatment means treatment by a medical practitioner registered or licensed under a State or Territory law that provides for the registration or licensing of medical practitioners.
modifications include additions, omissions and substitutions.
non‑Commonwealth licensee means a body corporate that was a non‑Commonwealth licensee for the purposes of theOccupational Health and Safety Act 1991 immediately before the commencement of this Act.
notifiable incident —see section 35.
officer , of an entity, means:
(a) if the entity is the Commonwealth—an officer of the Commonwealth within the meaning of section 247; or
(b) if the entity is a public authority—an officer of the public authority within the meaning of section 252; or
(c) in Division 5 of Part 13, if the entity is an agency of the Commonwealth—an officer of the agency within the meaning of section 245; or
(d) if paragraphs (a), (b) and (c) of this definition do not apply—an officer of the entity within the meaning of section 9 of the
Corporations Act 2001 other than, if the entity is a partnership, a partner in the partnership;but does not include, if the entity is a local authority, an elected member of the local authority acting in that capacity.
official of a union , in Part 7—see section 116.
parliamentarian means:
(a) a Senator; or
(b) a Member of the House of Representatives; or
(c) a Minister of State who is not a Senator or Member of the House of Representatives; or
(d) a person who is taken to be the President of the Senate under the
Parliamentary Presiding Officers Act 1965 and who is not a Senator or Member of the House of Representatives; or(e) a person who is taken to be the Speaker of the House of Representatives under the
Parliamentary Presiding Officers Act 1965 and who is not a Senator or Member of the House of Representatives; or(f) any other person to whom remuneration is payable under section 49 of the
Parliamentary Business Resources Act 2017 .
personal information has the same meaning as it has in thePrivacy Act 1988 .
person conducting a business or undertaking —see section 5.
physical element , in relation to an offence, has the same meaning as in theCriminal Code .
plant includes:
(a) any machinery, equipment, appliance, container, implement and tool; and
(b) any component of any of those things; and
(c) anything fitted or connected to any of those things.
prohibited reason , in Part 6—see section 106.
public authority means:
(a) a body corporate established for a public purpose by or under a law of the Commonwealth or a law of a Territory (other than the Australian Capital Territory or the Northern Territory), but does not include a body corporate prescribed by the regulations to be a body corporate to which this Act does not apply; and
(b) a Commonwealth company within the meaning of the
Public Governance, Performance and Accountability Act 2013 , other than a Commonwealth company prescribed by the regulations to be a Commonwealth company to which this Act does not apply; and(c) a body corporate prescribed by the regulations to be a public authority for the purposes of this Act.
reasonably practicable , in relation to a duty to ensure health and safety—see section 18.
regulator means Comcare.
relevant person conducting a business or undertaking, in Part 7—see section 116.
relevant State or Territory industrial law , in Part 7—see section 116.
relevant union , in Part 7—see section 116.
relevant worker , in Part 7—see section 116.
representative , in relation to a worker, means:
(a) the health and safety representative for the worker; or
(b) a union representing the worker; or
(c) any other person the worker authorises to represent him or her.
serious injury or illness , in Part 3—see section 36.
State includes the Australian Capital Territory and the Northern Territory.
State or Territory industrial law has the same meaning as it has in the Fair Work Act.
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 —see section 6.
this Act includes the regulations.
tier A monetary penalty —see clause 2 of Schedule 4.
tier B monetary penalty —see clause 2 of Schedule 4.
tier C monetary penalty —see clause 2 of Schedule 4.
tier D monetary penalty —see clause 2 of Schedule 4.
tier E monetary penalty —see clause 2 of Schedule 4.
tier F monetary penalty —see clause 2 of Schedule 4.
tier G monetary penalty —see clause 2 of Schedule 4.
tier H monetary penalty —see clause 2 of Schedule 4.
tier I monetary penalty —see clause 2 of Schedule 4.
union means:
(a) an employee organisation that is registered, or taken to be registered, under the
Fair Work (Registered Organisations) Act 2009 of the Commonwealth; 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 (irrespective of whether the person receives out‑of‑pocket expenses).
WHS civil penalty provision tier 1 —see clause 3 of Schedule 4.
WHS civil penalty provision tier 2 —see clause 3 of Schedule 4.
WHS civil penalty provision tier 3 —see clause 3 of Schedule 4.
WHS civil penalty provision tier 4 —see clause 3 of Schedule 4.
WHS entry permit means a WHS entry permit issued under Part 7 or the equivalent Part of a corresponding WHS law.
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.
workplace —see section 8.
(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) An elected member of a local authority does not in that capacity conduct a business or undertaking.
(6) The regulations 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.
(7) A volunteer association does not conduct a business or undertaking for the purposes of this Act.
(8) 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.
(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.
(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.
(2) For the purposes of this Act, the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police or an AFP employee (all within the meaning of the
Australian Federal Police Act 1979 ) is:
(a) a worker; and
(b) at work throughout the time when the person is on duty or lawfully performing the functions of the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police or an AFP employee, but not otherwise; and
(c) carrying out work for a business or undertaking conducted by the Commonwealth when the person is on duty or lawfully performing the functions of the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police or an AFP employee, but not otherwise; and
(d) an employee of the Commonwealth.
(2A) For the purposes of this Act, a member of the Defence Force is:
(a) a worker; and
(b) at work throughout the time when the person is lawfully performing the functions of a member of the Defence Force, but not otherwise; and
(c) carrying out work for a business or undertaking conducted by the Commonwealth when the person is lawfully performing those functions, but not otherwise; and
(d) an employee of the Commonwealth.
(2B) For the purposes of this Act, a person who is the holder of, or acting in, an office established by a law of the Commonwealth or a law of a Territory (other than the Australian Capital Territory or the Northern Territory) is:
(a) a worker; and
(b) at work throughout the time when the person is lawfully performing the functions of that office, but not otherwise; and
(c) carrying out work for a business or undertaking conducted by the Commonwealth when the person is lawfully performing those functions, but not otherwise; and
(d) an employee of the Commonwealth.
(2C) For the purposes of this Act, a person who constitutes, or is acting as the person constituting, a public authority is:
(a) a worker; and
(b) at work throughout the time when the person is lawfully performing the functions of that authority, but not otherwise; and
(c) carrying out work for a business or undertaking conducted by the public authority when the person is lawfully performing those functions, but not otherwise; and
(d) an employee of the public authority.
(2D) For the purposes of this Act, a person who is, or is acting as, a member or a deputy member of a public authority is:
(a) a worker; and
(b) at work throughout the time when the person is lawfully performing the functions of the public authority, but not otherwise; and
(c) carrying out work for a business or undertaking conducted by the public authority when the person is lawfully performing those functions, but not otherwise; and
(d) an employee of the public authority.
(2E) For the purposes of this Act, a person who is, or is acting as, a member or a deputy member of a body established by or under an Act establishing a public authority for a purpose associated with the performance of the functions of the public authority is:
(a) a worker; and
(b) at work throughout the time when the person is lawfully performing the functions of the body, but not otherwise; and
(c) carrying out work for a business or undertaking conducted by the public authority when the person is lawfully performing those functions, but not otherwise; and
(d) an employee of the public authority.
(2F) The Minister may, by instrument in writing, declare that a person of a class specified in the declaration is, for the purposes of this Act:
(a) a worker; and
(b) at work throughout the time specified in the declaration; and
(c) carrying out work for a business or undertaking conducted by the Commonwealth, or a public authority specified in the declaration, when the person is performing functions of the kind specified in the declaration; and
(d) an employee of the Commonwealth, or a public authority specified in the declaration.
(2G) A declaration under subsection (2F) may only be made in relation to a class of persons if persons of that class engage in activities or perform acts:
(a) where the declaration specifies that persons of that class are carrying out work for a business or undertaking conducted by the Commonwealth, or are employees of the Commonwealth:
(i) at the request or direction of the Commonwealth; or
(ii) for the benefit of the Commonwealth; or
(iii) by or under a law of the Commonwealth or of a Territory (other than the Australian Capital Territory or the Northern Territory); or
(b) where the declaration specifies that persons of that class are carrying out work for a business or undertaking conducted by a public authority specified in the declaration, or are employees of a public authority specified in the declaration:
(i) at the request or direction of the public authority; or
(ii) for the benefit of the public authority.
(2H) A declaration under subsection (2F) has effect according to its terms.
(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.
(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.
(1) An example at the foot of a provision forms part of this Act.
(2) A note at the foot of a provision forms part of this Act.
(1) This Act binds the Commonwealth.
(2) The Commonwealth is liable for an offence against this Act.
(3) Without limiting subsection (1), the Commonwealth is liable for a contravention of a WHS civil penalty provision.
This Act extends to every external Territory.
The Commonwealth and public authorities
(1) This Act applies in relation to each of the following:
(a) if the Commonwealth is conducting a business or undertaking:
(i) the Commonwealth; and
(ii) an officer of the Commonwealth;
(b) if a public authority is conducting a business or undertaking:
(i) the public authority; and
(ii) an officer of the public authority;
(c) to the extent that a person is a worker and carries out work in any capacity for a business or undertaking conducted by the Commonwealth or a public authority—that person;
(d) to the extent that a person is a worker and is taken to carry out work for a business or undertaking conducted by the Commonwealth or a public authority because of section 7—that person;
(e) if work is carried out by a worker at a place (as defined for the purposes of section 8) for a business or undertaking conducted by the Commonwealth or a public authority—that place;
(f) if work is taken to be carried out by a worker at a place (as defined for the purposes of section 8) for a business or undertaking conducted by the Commonwealth or a public authority because of section 7—that place.
(2) For the purposes of this Act, the administration of the Australian Capital Territory or the Northern Territory is not a business or undertaking conducted by the Commonwealth.
(3) A corresponding WHS law does not apply in relation to the Commonwealth or a public authority.
Non‑Commonwealth licensees
(4) During the transitional period for a non‑Commonwealth licensee, this Act applies in relation to each of the following:
(a) if the non‑Commonwealth licensee is conducting a business or undertaking—the non‑Commonwealth licensee;
(b) to the extent that a person carries out work in any capacity for the non‑Commonwealth licensee—the person;
(c) if work is carried out at a place (as defined for the purposes of section 8) for a business or undertaking conducted by the non‑Commonwealth licensee—that place.
(5) During the transitional period for a non‑Commonwealth licensee, a corresponding WHS law does not apply in relation to the non‑Commonwealth licensee.
(6) The
transitional period for a non‑Commonwealth licensee:
(a) begins on the commencement of this Act; and
(b) ends on a day prescribed by the regulations for the non‑Commonwealth licensee, or a class of non‑Commonwealth licensees of which the non‑Commonwealth licensee is a member.
(7) The regulations may make provisions of a transitional, application or saving nature relating to non‑Commonwealth licensees.
(8) Without limiting subsection (7), regulations made for the purposes of that subsection may make modifications to the provisions of this Act, the
Occupational Health and Safety Act 1991 and any instrument made under this Act or theOccupational Health and Safety Act 1991 .
Concurrent operation
(9) Both this Act and a corresponding WHS law may apply in relation to a worker or a workplace.
Double jeopardy
(10) If a person is convicted of an offence under this Act in relation to an act or omission, the person is not liable to be convicted of the same offence under a corresponding WHS law in relation to the same act or omission.
(11) If a person is convicted of an offence under a corresponding WHS law in relation to an act or omission, the person is not liable to be convicted of the same offence under this Act in relation to the same act or omission.
(12) If a monetary penalty is imposed on a person under this Act in relation to an act or omission that contravenes a WHS civil penalty provision, the person is not liable to a monetary penalty under a corresponding WHS law for the contravention of the same WHS civil penalty provision under that law by the same act or omission.
(13) If a monetary penalty is imposed on a person under a corresponding WHS law in relation to an act or omission that contravenes a WHS civil penalty provision, the person is not liable to a monetary penalty under this Act for the contravention of the same WHS civil penalty provision under this Act by the same act or omission.
(1) This Act does not apply in relation to any vessel (including a ship or a barge) or any structure to which the
Occupational Health and Safety (Maritime Industry) Act 1993 applies.(2) This Act does not apply in relation to a facility to which Schedule 3 to the
Offshore Petroleum and Greenhouse Gas Storage Act 2006 applies.
If a person has a duty in relation to a matter under this Act and another person has a duty under a corresponding WHS law in relation to the same matter, the person who has the duty under this Act must consult, co‑operate and co‑ordinate activities with the other person.
(1) Nothing in this Act requires or permits a person to take any action, or to refrain from taking any action, that would be, or could reasonably be expected to be, prejudicial to Australia’s national security.
(2) Without limiting the generality of subsection (1), the Director‑General of Security may, by instrument in writing, declare that specified provisions of this Act do not apply, or apply subject to modifications set out in the declaration, in relation to a person carrying out work for the Director‑General of Security.
(2A) Without limiting the generality of subsection (1), the Director‑General of ASIS may, by instrument in writing, declare that specified provisions of this Act do not apply, or apply subject to modifications set out in the declaration, in relation to a person carrying out work for the Director‑General of ASIS.
(2AA) Without limiting the generality of subsection (1), the Director‑General of the Australian Signals Directorate may, by instrument in writing, declare that specified provisions of this Act do not apply, or apply subject to modifications set out in the declaration, in relation to a person carrying out work for the Director‑General of the Australian Signals Directorate.
(2B) Without limiting the generality of subsection (1), the Australian Border Force Commissioner may, by instrument in writing, declare that specified provisions of this Act do not apply, or apply subject to modifications set out in the declaration, in relation to an Australian Border Force worker.
(2C) The Australian Border Force Commissioner must consult the Immigration and Border Protection Secretary and the Director‑General of Security before making an instrument under subsection (2B).
(3) A declaration under subsection (2), (2A), (2AA) or (2B) may only be made with the approval of the Minister and, if made with that approval, has effect according to its terms.
(4) In administering the Australian Security Intelligence Organisation and in the exercise of the power under subsection (2), the Director‑General of Security must take into account the need to promote the objects of this Act to the greatest extent consistent with the maintenance of Australia’s national security.
(5) In administering the Australian Secret Intelligence Service and in the exercise of the power under subsection (2A), the Director‑General of ASIS must take into account the need to promote the objects of this Act to the greatest extent consistent with the maintenance of national security.
(5A) In administering the Australian Signals Directorate and in the exercise of the power under subsection (2AA), the Director‑General of the Australian Signals Directorate must take into account the need to promote the objects of this Act to the greatest extent consistent with the maintenance of national security.
(6) In controlling the operations of the Australian Border Force and in the exercise of the power under subsection (2B), the Australian Border Force Commissioner must take into account the need to promote the objects of this Act to the greatest extent consistent with the maintenance of Australia’s national security.
(1) Nothing in this Act requires or permits a person to take any action, or to refrain from taking any action, that would be, or could reasonably be expected to be, prejudicial to Australia’s defence.
(2) Without limiting the generality of subsection (1), the Chief of the Defence Force may, by instrument in writing, declare that specified provisions of this Act do not apply, or apply subject to such modifications as are set out in the declaration, in relation to:
(a) a specified activity; or
(b) a specified member of the Defence Force; or
(c) members of the Defence Force included in a specified class of such members.
(2A) Without limiting the generality of subsection (1), the Australian Border Force Commissioner may, by instrument in writing, declare that specified provisions of this Act do not apply, or apply subject to such modifications as are set out in the declaration, in relation to:
(a) a specified operation of the Australian Border Force; or
(b) a specified Australian Border Force worker; or
(c) Australian Border Force workers included in a specified class of such workers.
(2B) The Australian Border Force Commissioner must consult the Immigration and Border Protection Secretary and the Chief of the Defence Force before making an instrument under subsection (2A).
(3) A declaration under subsection (2) or (2A) may only be made with the approval of the Minister and, if made with that approval, has effect according to its terms.
(4) In the exercise of the power under subsection (2), the Chief of the Defence Force must take into account the need to promote the objects of this Act to the greatest extent consistent with the maintenance of Australia’s defence.
(5) In the exercise of the power under subsection (2A), the Australian Border Force Commissioner must take into account the need to promote the objects of this Act to the greatest extent consistent with the maintenance of Australia’s defence.
(1) Nothing in this Act requires or permits a person to take any action, or to refrain from taking any action, that would be, or could reasonably be expected to be, prejudicial to:
(a) an existing or future covert operation of the Australian Federal Police; or
(b) an existing or future international operation of the Australian Federal Police.
Note 1: Under section 12C, this Act does not require or permit a person to take action or refrain from taking action if that action would be, or could reasonably be expected to be, prejudicial to Australia’s national security. This might occur, for example, where the Australian Federal Police work in cooperation with an intelligence agency or respond to an imminent terrorist threat.
Note 2: Under section 12D, this Act does not require or permit a person to take action or refrain from taking action if that action would be, or could reasonably be expected to be, prejudicial to Australia’s defence.
(2) In this section:
AFP appointee has the same meaning as in theAustralian Federal Police Act 1979 .
covert operation means the performance of a function or service under section 8 of theAustralian Federal Police Act 1979 where knowledge of the operation by an unauthorised person, may:
(a) reduce the effectiveness of the performance of the function or service; or
(b) expose a person to the danger of physical harm or death arising from the actions of another person.
Note: A covert operation might, for example, include an undercover operation to identify those involved in drug trafficking, but would not include general duties policing.
international operation means an operation to maintain order in a foreign country where:
(a) because of the environment in which the operation is undertaken, it is not reasonably practicable to eliminate risks to the health and safety of an AFP appointee involved in the operation; and
(b) the Commissioner of the Australian Federal Police has taken all steps reasonably practicable to minimise risks to the health and safety of an AFP appointee involved in the operation.
unauthorised person in relation to a covert operation, means a person, including an AFP appointee, who is not involved in the approval, planning or execution of the operation.
Application of the Crimes Act 1914
(1) Section 4AB of the
Crimes Act 1914 does not apply to the provisions of this Act.
Application of the Criminal Code
(2) Strict liability applies to each physical element of each offence under this Act, unless otherwise stated.
(3) Section 15.1 of the
Criminal Code (extended geographical jurisdiction—category A) applies to an offence against this Act.(4) Part 2.5 of the
Criminal Code (which deals with corporate criminal responsibility) does not apply to an offence against this Act.Note: For the purposes of this Act, corporate criminal responsibility is dealt with by Division 4 of Part 13 of this Act.
This Subdivision sets out the principles that apply to all duties that persons have under this Act.
Note: The principles will apply to duties under this Part and other Parts of this Act such as duties relating to incident notification and consultation.
A duty cannot be transferred to another person.
A person can have more than 1 duty by virtue of being in more than 1 class of duty holder.
(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.
(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.
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.
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.
(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 and storage 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.
Note: A self‑employed person is also a person conducting a business or undertaking for the purposes of this section.
(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.
(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.
(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
Example: Inspection, operation, cleaning, maintenance or repair of plant.
(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).
(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).
(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
Example: Inspection, operation, cleaning, maintenance or repair of plant.
(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).
(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).
(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
Example: Inspection, operation, cleaning, maintenance or repair of plant.
(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).
(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).
(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
Example: Inspection, storage, operation, cleaning, maintenance or repair of plant.
(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).
(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).
(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).
(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.
(2) Subject to subsection (3), the maximum penalty applicable under Division 5 of this Part 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, 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 or 3 of this Part 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: For the purposes of paragraph (e), the duties or obligations under this Act of a person conducting a business or undertaking may include:
(a) reporting notifiable incidents;
(b) consulting with workers;
(c) ensuring compliance with notices issued under this Act;
(d) ensuring the provision of training and instruction to workers about work health and safety;
(e) ensuring that health and safety representatives receive their entitlements to training.
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
(d) co‑operate 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.
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.
In this Division,
health and safety duty means a duty imposed under Division 2, 3 or 4 of this Part.
(1) A person commits an offence if:
(a) the person is:
(i) a person conducting a business or undertaking; or
(ii) an officer of a person conducting a business or undertaking; and
(b) the person has a health and safety duty; and
(c) the person intentionally engages in conduct; and
(d) the conduct breaches the health and safety duty; and
(e) the conduct causes the death of an individual; and
(f) the person was reckless, or negligent, as to whether the conduct would cause the death of an individual.
Note: There is no limitation period for bringing proceedings for an offence against this subsection (see subsection 232(2A)).
Penalty:
(a) In the case of an offence committed by an individual—25 years imprisonment.
(b) In the case of an offence committed by a body corporate—$18,000,000.
When conduct causes death
(2) For the purposes of subsection (1), a person’s conduct
causes a death if the conduct substantially contributes to the death.
No substitution of pecuniary penalty for imprisonment
(3) Subsection 4B(2) of the
Crimes Act 1914 does not apply in relation to an offence against subsection (1) of this section.
Alternative verdicts
(4) If, in proceedings for an offence (the
prosecuted offence ) against subsection (1), the trier of fact:
(a) is not satisfied that the person is guilty of the prosecuted offence; and
(b) is satisfied that the person is guilty of an offence (the
alternative offence ) that is a Category 1 offence or a Category 2 offence;the trier of fact may find the person not guilty of the prosecuted offence but guilty of the alternative offence, so long as the person has been accorded procedural fairness in relation to that finding of guilt.
No limitation period in relation to alternative verdicts
(5) For the purposes of subsection (4), it does not matter whether the proceedings mentioned in that subsection were brought at a time when, or in circumstances in which, bringing proceedings for the alternative offence would have been permitted under section 232 (limitation period for prosecutions).
(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.
Penalty:
(a) In the case of an individual—the category 1 monetary penalty or 15 years imprisonment or both.
(b) In the case of a body corporate—the category 1 monetary penalty.
(2) The prosecution bears the burden of proving that the conduct was engaged in without reasonable excuse.
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.
Penalty: The category 2 monetary penalty.
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.
Penalty: The category 3 monetary penalty.
(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 or 29.
(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.
(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; and
(b) a member of an unincorporated association may be liable for failure to comply with a duty under section 28 or 29.
In this Act,
notifiable incident means:
(a) the death of a person; or
(b) a serious injury or illness of a person; or
(c) a dangerous incident.
In this Part,
serious injury or illness of a person means an injury or illness requiring the person to have:
(a) immediate treatment as an in‑patient in a hospital; or
(b) immediate treatment for:
(i) the amputation of any part of his or her body; or
(ii) a serious head injury; or
(iii) a serious eye injury; or
(iv) a serious burn; or
(v) the separation of his or her skin from an underlying tissue (such as degloving or scalping); or
(vi) a spinal injury; or
(vii) the loss of a bodily function; or
(viii) serious lacerations; or
(c) medical treatment within 48 hours of exposure to a substance;
and includes any other injury or illness prescribed by the regulations but does not include an illness or injury of a prescribed kind.
In this Part, a
dangerous incident means an incident in relation to a workplace that exposes a worker or any other person to a serious risk to a person’s health or safety emanating from an immediate or imminent exposure to:
(a) an uncontrolled escape, spillage or leakage of a substance; or
(b) an uncontrolled implosion, explosion or fire; or
(c) an uncontrolled escape of gas or steam; or
(d) an uncontrolled escape of a pressurised substance; or
(e) electric shock; or
(f) the fall or release from a height of any plant, substance or thing; or
(g) the collapse, overturning, failure or malfunction of, or damage to, any plant that is required to be authorised for use in accordance with the regulations; or
(h) the collapse or partial collapse of a structure; or
(i) the collapse or failure of an excavation or of any shoring supporting an excavation; or
(j) the inrush of water, mud or gas in workings, in an underground excavation or tunnel; or
(k) the interruption of the main system of ventilation in an underground excavation or tunnel; or
(l) any other event prescribed by the regulations;
but does not include an incident of a prescribed kind.
(1) A person who conducts a business or undertaking must ensure that the regulator is notified immediately after becoming aware that a notifiable incident arising out of the conduct of the business or undertaking has occurred.
Penalty: The tier D monetary penalty.
(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.
Example: The written notice can be given by facsimile, email or other electronic means.
(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.
(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 acknowledgement 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.
Penalty: The tier F monetary penalty.
(1) The person with management or control of a workplace at which a notifiable incident has occurred must ensure so far as is reasonably practicable, that the site where the incident occurred is not disturbed until an inspector arrives at the site or any earlier time that an inspector directs.
Penalty: The tier D monetary penalty.
(2) In subsection (1) a reference to a site includes any plant, substance, structure or thing associated with the notifiable incident.
(3) Subsection (1) does not prevent any action:
(a) to assist an injured person; or
(b) to remove a deceased person; or
(c) that is essential to make the site safe or to minimise the risk of a further notifiable incident; or
(d) that is associated with a police investigation; or
(e) for which an inspector or the regulator has given permission.
In this Part,
authorised means authorised by a licence, permit, registration or other authority (however described) as required by the regulations.
A person must not conduct a business or undertaking at a workplace or direct or allow a worker to carry out work at a workplace if:
(a) the regulations require the workplace or workplaces in that class of workplace to be authorised; and
(b) the workplace is not authorised in accordance with the regulations.
Penalty: The tier B monetary penalty.
(1) A person must not use plant or a substance at a workplace if:
(a) the regulations require the plant or substance or its design to be authorised; and
(b) the plant or substance or its design is not authorised in accordance with the regulations.
Penalty: The tier C monetary penalty.
(2) A person who conducts a business or undertaking must not direct or allow a worker to use the plant or substance at a workplace if:
(a) the regulations require the plant or substance or its design to be authorised; and
(b) the plant or substance or its design is not authorised in accordance with the regulations.
Penalty: The tier C monetary penalty.
(1) A person must not carry out work at a workplace if:
(a) the regulations require the work, or class of work, to be carried out by, or on behalf of, a person who is authorised; and
(b) the person, or the person on whose behalf the work is carried out, is not authorised in accordance with the regulations.
Penalty: The tier C monetary penalty.
(2) A person who conducts a business or undertaking must not direct or allow a worker to carry out work at a workplace if:
(a) the regulations require the work, or class of work, to be carried out by, or on behalf of, a person who is authorised; and
(b) the person, or the person on whose behalf the work is to be carried out, is not authorised in accordance with the regulations.
Penalty: The tier C monetary penalty.
(1) A person must not carry out work at a workplace if:
(a) the regulations require the work, or class of work, to be carried out by, or under the supervision of, a person who has prescribed qualifications or experience; and
(b) the person does not have the prescribed qualifications or experience or the work is not carried out under the supervision of a person who has the prescribed qualifications or experience.
Penalty: The tier C monetary penalty.
(2) A person who conducts a business or undertaking must not direct or allow a worker to carry out work at a workplace if:
(a) the regulations require the work, or class of work, to be carried out by, or under the supervision of, a person who has prescribed qualifications or experience; and
(b) the worker does not have the prescribed qualifications or experience or the work is not carried out under the supervision of a person who has the prescribed qualifications or experience.
Penalty: The tier C monetary penalty.
A person must comply with the conditions of any authorisation given to that person under the regulations.
Penalty: The tier C monetary penalty.
If more than one person has a duty in relation to the same matter under this Act, each person with the duty must, so far as is reasonably practicable, consult, co‑operate and co‑ordinate activities with all other persons who have a duty in relation to the same matter.
Penalty: The tier C monetary penalty.
(1) The person conducting a business or undertaking must, so far as is reasonably practicable, consult, in accordance with this Division and the regulations, with workers who carry out work for the business or undertaking who are, or are likely to be, directly affected by a matter relating to work health or safety.
Penalty: The tier C monetary penalty.
(2) If the person conducting the business or undertaking and the workers have agreed to procedures for consultation, the consultation must be in accordance with those procedures.
(3) The agreed procedures must not be inconsistent with section 48.
(1) Consultation under this Division requires:
(a) that relevant information about the matter is shared with workers; and
(b) that workers be given a reasonable opportunity:
(i) to express their views and to raise work health or safety issues in relation to the matter; and
(ii) to contribute to the decision‑making process relating to the matter; and
(c) that the views of workers are taken into account by the person conducting the business or undertaking; and
(d) that the workers consulted are advised of the outcome of the consultation in a timely manner.
(2) If the workers are represented by a health and safety representative, the consultation must involve that representative.
Consultation under this Division is required in relation to the following health and safety matters:
(a) when identifying hazards and assessing risks to health and safety arising from the work carried out or to be carried out by the business or undertaking;
(b) when making decisions about ways to eliminate or minimise those risks;
(c) when making decisions about the adequacy of facilities for the welfare of workers;
(d) when proposing changes that may affect the health or safety of workers;
(e) when making decisions about the procedures for:
(i) consulting with workers; or
(ii) resolving work health or safety issues at the workplace; or
(iii) monitoring the health of workers; or
(iv) monitoring the conditions at any workplace under the management or control of the person conducting the business or undertaking; or
(v) providing information and training for workers;
(f) when carrying out any other activity prescribed by the regulations for the purposes of this section.
A worker who carries out work for a business or undertaking may ask the person conducting the business or undertaking to facilitate the conduct of an election for 1 or more health and safety representatives to represent workers who carry out work for the business or undertaking.
(1) If a request is made under section 50, the person conducting the business or undertaking must facilitate the determination of 1 or more work groups of workers.
(2) The purpose of determining a work group is to facilitate the representation of workers in the work group by 1 or more health and safety representatives.
(3) A work group may be determined for workers at 1 or more workplaces.
(1) A work group is to be determined by negotiation and agreement between:
(a) the person conducting the business or undertaking; and
(b) the workers who are proposed to form the work group or their representatives.
(2) The person conducting the business or undertaking must take all reasonable steps to commence negotiations with the workers within 14 days after a request is made under section 50.
(3) The purpose of the negotiations is to determine:
(a) the number and composition of work groups to be represented by health and safety representatives; and
(b) the number of health and safety representatives and deputy health and safety representatives (if any) to be elected; and
(c) the workplace or workplaces to which the work groups will apply.
(4) The parties to an agreement concerning the determination of a work group or groups may, at any time, negotiate a variation of the agreement.
(5) The person conducting the business or undertaking must, if asked by a worker, negotiate with the worker’s representative in negotiations under this section (including negotiations for a variation of an agreement) and must not exclude the representative from those negotiations.
Penalty: The tier D monetary penalty.
(6) The regulations may prescribe the matters that must be taken into account in negotiations for and determination of work groups and variations of agreements concerning work groups.
(1) The person conducting a business or undertaking involved in negotiations to determine a work group must, as soon as practicable after the negotiations are completed, notify the workers of the outcome of the negotiations and of any work groups determined by agreement.
Penalty: The tier H monetary penalty.
(2) The person conducting a business or undertaking involved in negotiations for the variation of an agreement concerning the determination of a work group or groups must, as soon as practicable after the negotiations are completed, notify the workers of the outcome of the negotiations and of the variation (if any) to the agreement.
Penalty: The tier H monetary penalty.
(1) If there is a failure of negotiations (including negotiations concerning the variation of an agreement), any person who is or would be a party to the negotiations may ask the regulator to appoint an inspector for the purposes of this section.
(2) An inspector appointed under subsection (1) may decide:
(a) the matters referred to in section 52(3), or any of those matters which is the subject of the proposed variation (as the case requires); or
(b) that work groups should not be determined or that the agreement should not be varied (as the case requires).
(3) For the purposes of this section, there is a
failure of negotiations if:
(a) the person conducting the business or undertaking has not taken all reasonable steps to commence negotiations with the workers and negotiations have not commenced within 14 days after:
(i) a request is made under section 50; or
(ii) a party to the agreement requests the variation of the agreement; or
(b) agreement cannot be reached on a matter relating to the determination of a work group (or the variation of an agreement concerning a work group) within a reasonable time after negotiations commence.
(4) A decision under this section is taken to be an agreement under section 52.
(1) Work groups may be determined for workers carrying out work for 2 or more persons conducting businesses or undertakings at 1 or more workplaces.
(2) A Co‑Chair may grant leave of absence to an Advisory Committee member (other than a Co‑Chair) on the terms and conditions that the Co‑Chair determines.
An Advisory Committee member must give written notice to the Minister of all interests, pecuniary or otherwise, that the member has or acquires and that conflict or could conflict with the proper performance of the member’s functions.
(1) An Advisory Committee member who has an interest, pecuniary or otherwise, in a matter being considered or about to be considered by the Advisory Committee must disclose the nature of the interest to a meeting of the Advisory Committee.
(2) The disclosure must be made as soon as possible after the relevant facts have come to the Advisory Committee member’s knowledge.
(3) The disclosure must be recorded in the minutes of the meeting.
(1) An Advisory Committee member may resign the member’s appointment by giving the Minister a written resignation.
(2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.
(1) The Minister may terminate the appointment of an Advisory Committee member:
(a) for misbehaviour; or
(b) if the Advisory Committee member is unable to perform the duties of the office because of physical or mental incapacity.
(2) The Minister may terminate the appointment of an Advisory Committee member if:
(a) the Advisory Committee member:
(i) becomes bankrupt; or
(ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(iii) compounds with the member’s creditors; or
(iv) makes an assignment of the member’s remuneration for the benefit of the member’s creditors; or
(b) the Advisory Committee member fails, without reasonable excuse, to comply with clause 3K or 3L (which deal with disclosure of interests).
(3) The Minister must terminate the appointment of an Advisory Committee member if the Advisory Committee member is absent, except on leave of absence, from 3 consecutive meetings of the Advisory Committee.
An Advisory Committee member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.
(1) The regulations may prescribe the procedures to be followed at, or in relation to, meetings of the Advisory Committee, including matters relating to the following:
(a) convening meetings;
(b) the number of Advisory Committee members who are to constitute a quorum at a meeting;
(c) the selection of an Advisory Committee member to preside at a meeting in the absence of a Co‑Chair;
(d) the manner in which questions arising at a meeting are to be decided;
(e) inviting persons with appropriate expertise or technical knowledge to attend meetings;
(f) keeping minutes of meetings.
(2) A resolution is taken to have been passed at a meeting of the Advisory Committee if:
(a) without meeting, a majority of Advisory Committee members indicate agreement with the resolution in accordance with the method determined by the Advisory Committee under subclause (3); and
(b) all Advisory Committee members were informed of the proposed resolution, or reasonable efforts had been made to inform all Advisory Committee members of the proposed resolution.
(3) Subclause (2) applies only if the Advisory Committee:
(a) determines that it applies; and
(b) determines the method by which Advisory Committee members are to indicate agreement with resolutions.
The Secretary of the Department must ensure that the Advisory Committee has the necessary administrative and other support to enable the Advisory Committee to perform its functions efficiently and effectively.
(1) Each of the following entities must include the matters mentioned in subclause (2) in its annual report for a financial year:
(a) a non‑corporate Commonwealth entity within the meaning of the
Public Governance, Performance and Accountability Act 2013 ;(b) a public authority.
(2) The matters are:
(a) initiatives taken during the year to ensure the health, safety and welfare of workers who carry out work for the entity; and
(b) health and safety outcomes (including the impact on injury rates of workers) achieved as a result of initiatives mentioned under paragraph (a) or previous initiatives; and
(c) statistics of any notifiable incidents of which the entity becomes aware during the year that arose out of the conduct of businesses or undertakings by the entity; and
(d) any investigations conducted during the year that relate to businesses or undertakings conducted by the entity, including details of all notices given to the entity during the year under Part 10 of this Act; and
(e) such other matters as are required by guidelines approved on behalf of the Parliament by the Joint Committee of Public Accounts and Audit.
1.1 Matters relating to the way in which duties imposed by this Act are to be performed.
1.2 Matters relating to the regulation or prohibition of specified activities or a specified class of activities:
(a) at workplaces or a specified class of workplaces; or
(b) by a specified class of persons on whom duties or obligations are imposed by this Act;
to eliminate or minimise risks to health and safety.
1.3 Imposing duties on persons in relation to any matter provided for under the regulations.
Matters relating to incidents at workplaces including:
(a) regulating or requiring the taking of any action to avoid an incident at a workplace or in the course of conducting a business or undertaking; and
(b) regulating, requiring or prohibiting the taking of any action in the event of an incident at a workplace or in the conduct of a business or undertaking.
Matters relating to plant, substances or structures, including:
(a) regulating the storage and handling of plant, substances and structures; and
(b) regulating or requiring:
(i) the examination, testing, labelling, maintenance or repair of plant and structures; or
(ii) the examination, testing, analysis or labelling of any substance.
Matters relating to the protection and welfare of workers including:
(a) regulating or requiring the provision and use of protective clothing or equipment, or rescue equipment, in specified circumstances; and
(b) regulating or requiring the provision of specified facilities for the welfare of workers at the workplace; and
(c) matters relating to health and safety in relation to accommodation provided to workers.
Matters relating to hazards and risks including:
(a) the prescribing of standards relating to the use of or exposure to any physical, biological, chemical or psychological hazard; and
(b) matters relating to safety cases, safety management plans and safety management systems (however described); and
(c) matters relating to measures to control risks.
6.1 The keeping and availability of records of health and safety representatives and deputy health and safety representatives.
6.2 The keeping of records in relation to incidents.
6.3 The keeping of records of specified activities, matters or things to be kept by specified persons.
6.4 The giving of notice of or information about specified activities, matters or things to the regulator, an inspector or other specified person.
7.1 Matters relating to authorisations (including licences, registrations and permits) and qualifications, and experience for the purposes of Part 4 or the regulations including providing for:
(a) applications for the grant, issue, renewal, variation, suspension and cancellation of authorisations, including the minimum age to be eligible for an authorisation; and
(b) the evidence and information to be provided in relation to applications including the provision of statutory declarations; and
(c) exemptions; and
(d) variations of authorisations by the regulator whether on application or otherwise; and
(e) authorisation of persons as trainers and assessors; and
(f) examination of applicants for authorisations; and
(g) conditions of authorisations; and
(h) fees for applications for the grant, issue, renewal and variation of authorisations.
7.2 The recognition of authorisations under corresponding WHS laws and exceptions to recognition.
7.3 The sharing of information with corresponding regulators relating to the grant, issue, renewal, variation, suspension or cancellation of authorisations.
Matters relating to work groups and variation of work groups and agreements or variations of agreements relating to the determination of work groups.
Matters relating to health and safety committees and health and safety representatives.
Matters relating to issue resolution including:
(a) the minimum requirements for an agreed procedure for resolving an issue; and
(b) the requirements for a default issue resolution procedure where there is no agreed procedure.
Matters relating to WHS entry permits, including providing for:
(a) eligibility for WHS entry permits; and
(b) procedures for applications for WHS entry permits and objections to applications for WHS entry permits; and
(c) conditions of WHS entry permits; and
(d) the form of WHS entry permits; and
(e) requirements for training; and
(f) records of WHS entry permits.
Matters relating to identity cards.
Matters relating to:
(a) costs of forfeiture and disposal of forfeited things; and
(b) disposal of seized things and forfeited things.
Matters relating to the review of decisions under the regulations including:
(a) prescribing decisions as reviewable decisions for the purposes of Part 12 or for the purposes of the regulations; and
(b) prescribing procedures for internal and external review of decisions under the regulations; and
(c) conferring jurisdiction on the Fair Work Commission to conduct reviews under the regulations.
A penalty referred to in column 1 of an item of the following table, for a person referred to in the heading to another column of the table, is the amount specified in that other column of that item, as indexed under clause 4 and rounded under clause 5.
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A penalty referred to in column 1 of an item of the following table, for a person referred to in the heading to another column of the table, is the amount specified in that other column of that item, as indexed under clause 4 and rounded under clause 5.
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A penalty referred to in column 1 of an item of the following table, for a person referred to in the heading to another column of the table, is the amount specified in that other column of that item, as indexed under clause 4 and rounded under clause 5.
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(1) The amount of each monetary penalty set out in clause 1, 2 or 3 must be indexed for the year commencing on 1 July 2024, and for each subsequent year, in accordance with this clause.
(2) The amount of a monetary penalty applying in each year is to be calculated as follows:
where:
A is the amount of the monetary penalty set out in clause 1, 2 or 3.
B is the CPI number for the March quarter in the year immediately preceding the year for which the amount is calculated.
C is the CPI number for the March quarter of 2022.Note: For
CPI number andyear , see clause 7.
(3) If the amount of a monetary penalty calculated for a year is less than the amount that applied in the previous year, then the amount for the previous year continues to apply.
If, after indexation under clause 4, the amount of a monetary penalty applying in a year is:
(a) less than $10,000 and not a multiple of $100:
(i) the amount must be rounded to the nearest $100; and
(ii) an amount of $50 is rounded down; or
(b) more than $10,000 and not a multiple of $1,000:
(i) the amount must be rounded to the nearest $1,000; and
(ii) an amount of $500 is rounded down.
As soon as practicable after publication by the Australian Statistician of the CPI number for the March quarter in a year, the regulator must, by notifiable instrument, give notice of the amount of each monetary penalty calculated under this Schedule.
In this Schedule:
CPI number means the All Groups Consumer Price Index number, that is, the weighted average of the 8 Australian capital cities, published by the Australian Statistician.
year means a period of 12 months starting on 1 July.
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
The abbreviation key sets out abbreviations that may be used in the endnotes.
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
The
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev…) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = | Sch = Schedule(s) |
LIA = | Sdiv = Subdivision(s) |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | |
No. = Number(s) | commenced or to be commenced |
Work Health and Safety Act 2011 | 137, 2011 | 29 Nov 2011 | 1 Jan 2012 (s 2) | |
Fair Work Amendment Act 2012 | 174, 2012 | 4 Dec 2012 | Sch 9 (items 1333–1338): 1 Jan 2013 (s 2(1) item 5) | — |
Federal Circuit Court of Australia (Consequential Amendments) Act 2013 | 13, 2013 | 14 Mar 2013 | Sch 1 (item 560) and Sch 2 (item 2): 12 Apr 2013 (s 2(1) items 2, 3) | — |
Foreign Affairs Portfolio Miscellaneous Measures Act 2013 | 54, 2013 | 28 May 2013 | Sch 1 (items 3–6): 28 May 2013 (s 2) | — |
Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014 | 62, 2014 | 30 June 2014 | Sch 12 (items 283–289) and Sch 14: 1 July 2014 (s 2(1) items 6, 14) | Sch 14 |
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| 36, 2015 | 13 Apr 2015 | Sch 2 (item 7) and Sch 7: 14 Apr 2015 (s 2) | Sch 7 |
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| 126, 2015 | 10 Sept 2015 | Sch 1 (item 486): 5 Mar 2016 (s 2(1) item 2) | — |
| 126, 2015 | 10 Sept 2015 | Sch 1 (item 495): 5 Mar 2016 (s 2(1) item 2) | — |
Customs and Other Legislation Amendment (Australian Border Force) Act 2015 | 41, 2015 | 20 May 2015 | Sch 4 and 9: 1 July 2015 (s 2(1) items 2, 7) | Sch 9 |
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| 115, 2017 | 30 Oct 2017 | Sch 1 (item 26): 1 July 2015 (s 2(1) item 2) | — |
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (items 668, 669): 5 Mar 2016 (s 2(1) item 2) | — |
Defence Legislation Amendment (First Principles) Act 2015 | 164, 2015 | 2 Dec 2015 | Sch 2 (items 79, 80): 1 July 2016 (s 2(1) item 2) | Sch 2 (item 80) |
Statute Update (Winter 2017) Act 2017 | 93, 2017 | 23 Aug 2017 | Sch 1 (items 22–26): 20 Sept 2017 (s 2(1) item 2) | — |
Intelligence Services Amendment (Establishment of the Australian Signals Directorate) Act 2018 | 25, 2018 | 11 Apr 2018 | Sch 1 (items 95–108): 1 July 2018 (s 2(1) item 2) | Sch 1 (items 100–108) |
Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2021 | 13, 2021 | 1 Mar 2021 | Sch 2 (items 803–811): 1 Sept 2021 (s 2(1) item 5) | — |
Work Health and Safety Amendment (Norfolk Island) Act 2021 | 105, 2021 | 10 Sept 2021 | 10 Sept 2021 (s 2(1) item 1) | — |
Parliamentary Workplace Reform (Set the Standard Measures No. 1) Act 2022 | 7, 2022 | 22 Feb 2022 | Sch 2: 23 Feb 2022 (s 2(1) item 1) | — |
Work Health and Safety Amendment Act 2023 | 9, 2023 | 21 Mar 2023 | Sch 1 (items 2–25): 21 Sept 2023 (s 2(1) item 1) | — |
Statute Law Amendment (Prescribed Forms and Other Updates) Act 2023 | 74, 2023 | 20 Sept 2023 | Sch 3 (item 31): 18 Oct 2023 (s 2(1) item 3) | — |
Fair Work Legislation Amendment (Closing Loopholes) Act 2023 |
120, 2023 | 14 Dec 2023 | Sch 4 (items 1–9): 1 July 2024 (s 2(1) item 27) Sch 4 (items 10–74): 15 Dec 2023 (s 2(1) items 28–30) | Sch 4 (items 9, 69, 71) |
s 4............................................. | am No 174, 2012; No 13, 2013; No 62, 2014; No 41, 2015; No 93, 2017; No 25, 2018; No 13, 2021 |
ed C10 | |
am No 105, 2021; No 7, 2022; No 9, 2023; No 74, 2023; No 120, 2023 | |
s 7............................................. | am No 105, 2021 |
s 12............................................ | am No 105, 2021 |
s 12C......................................... | am No 54, 2013; No 41, 2015; No 25, 2018 |
s 12D......................................... | am No 41, 2015 |
s 12F.......................................... | am No 120, 2023 |
s 30A......................................... | ad No 120, 2023 |
s 31............................................ | am No 9, 2023; No 120, 2023 |
s 32............................................ | am No 120, 2023 |
s 33............................................ | am No 120, 2023 |
s 38............................................ | am No 120, 2023 |
s 39............................................ | am No 120, 2023 |
s 41............................................ | am No 120, 2023 |
s 42............................................ | am No 120, 2023 |
s 43............................................ | am No 120, 2023 |
s 44............................................ | am No 120, 2023 |
s 45............................................ | am No 120, 2023 |
s 46............................................ | am No 120, 2023 |
s 47............................................ | am No 120, 2023 |
s 52............................................ | am No 9, 2023; No 120, 2023 |
s 53............................................ | am No 120, 2023 |
s 56............................................ | am No 120, 2023 |
s 57............................................ | am No 120, 2023 |
s 61............................................ | am No 120, 2023 |
s 70............................................ | am No 120, 2023 |
s 71............................................ | am No 120, 2023 |
s 72............................................ | am No 9, 2023; No 120, 2023 |
s 74............................................ | am No 120, 2023 |
s 75............................................ | am No 120, 2023 |
s 79............................................ | am No 120, 2023 |
s 97............................................ | am No 120, 2023 |
s 99............................................ | am No 120, 2023 |
s 104.......................................... | am No 120, 2023 |
s 107.......................................... | am No 120, 2023 |
s 108.......................................... | am No 120, 2023 |
s 109.......................................... | am No 120, 2023 |
s 118.......................................... | am No 120, 2023 |
s 123.......................................... | am No 120, 2023 |
s 124.......................................... | am No 120, 2023 |
s 125.......................................... | am No 120, 2023 |
s 126.......................................... | am No 120, 2023 |
s 128.......................................... | am No 120, 2023 |
s 129.......................................... | am No 120, 2023 |
s 143.......................................... | am No 120, 2023 |
s 144.......................................... | am No 120, 2023 |
s 145.......................................... | am No 120, 2023 |
s 146.......................................... | am No 120, 2023 |
s 147.......................................... | am No 120, 2023 |
s 148.......................................... | am No 120, 2023 |
s 149.......................................... | am No 120, 2023 |
s 150.......................................... | am No 120, 2023 |
s 155.......................................... | am No 9, 2023; No 120, 2023 |
s 165.......................................... | am No 120, 2023 |
s 171.......................................... | am No 9, 2023; No 120, 2023 |
s 172.......................................... | am No 9, 2023 |
s 173.......................................... | am No 9, 2023 |
s 177.......................................... | am No 120, 2023 |
s 185.......................................... | am No 120, 2023 |
s 188.......................................... | am No 120, 2023 |
s 189.......................................... | am No 120, 2023 |
s 190.......................................... | am No 120, 2023 |
s 193.......................................... | am No 120, 2023 |
s 197.......................................... | am No 120, 2023 |
s 200.......................................... | am No 120, 2023 |
s 210.......................................... | am No 120, 2023 |
s 216.......................................... | am No 120, 2023 |
s 219.......................................... | am No 120, 2023 |
s 229.......................................... | am No 174, 2012 |
s 231.......................................... | am No 9, 2023; No 120, 2023 |
s 232.......................................... | am No 164, 2015; No 120, 2023 |
s 242.......................................... | am No 120, 2023 |
s 244.......................................... | rs No 120, 2023 |
s 244A....................................... | ad No 120, 2023 |
s 244B....................................... | ad No 120, 2023 |
s 244BA..................................... | ad No 120, 2023 |
s 244C....................................... | ad No 120, 2023 |
s 244D....................................... | ad No 120, 2023 |
s 244E........................................ | ad No 120, 2023 |
s 245.......................................... | rs No 120, 2023 |
s 245A....................................... | ad No 120, 2023 |
s 245B....................................... | ad No 120, 2023 |
s 245BA..................................... | ad No 120, 2023 |
s 245C....................................... | ad No 120, 2023 |
s 245D....................................... | ad No 120, 2023 |
s 245E........................................ | ad No 120, 2023 |
s 247.......................................... | am No 7, 2022 |
s 251.......................................... | rs No 120, 2023 |
s 254.......................................... | am No 120, 2023 |
s 259.......................................... | am No 120, 2023 |
s 271.......................................... | am No 9, 2023; No 120, 2023 |
s 271A....................................... | ad No 9, 2023 |
s 272A....................................... | ad No 9, 2023 |
am No 120, 2023 | |
s 272B....................................... | ad No 9, 2023 |
am No 120, 2023 | |
s 273.......................................... | am No 120, 2023 |
s 273A....................................... | am No 13, 2013; No 13, 2021 |
s 273B....................................... | am No 54, 2013; No 41, 2015; No 126, 2015; No 25, 2018 |
s 274.......................................... | am No 126, 2015 |
s 276.......................................... | am No 120, 2023 |
c 3............................................. | am No 62, 2014 |
Part 3A...................................... | ad No 120, 2023 |
c 3A........................................... | ad No 120, 2023 |
c 3B........................................... | ad No 120, 2023 |
c 3C........................................... | ad No 120, 2023 |
c 3D........................................... | ad No 120, 2023 |
c 3E........................................... | ad No 120, 2023 |
c 3F........................................... | ad No 120, 2023 |
c 3G........................................... | ad No 120, 2023 |
c 3H........................................... | ad No 120, 2023 |
c 3J............................................ | ad No 120, 2023 |
c 3K........................................... | ad No 120, 2023 |
c 3L........................................... | ad No 120, 2023 |
c 3M.......................................... | ad No 120, 2023 |
c 3N........................................... | ad No 120, 2023 |
c 3P........................................... | ad No 120, 2023 |
c 3Q........................................... | ad No 120, 2023 |
c 3R........................................... | ad No 120, 2023 |
c 4............................................. | am No 62, 2014 |
c 14........................................... | am No 174, 2012 |
Schedule 4.................................. | ad No 120, 2023 |
c 1............................................. | ad No 120, 2023 |
c 2............................................. | ad No 120, 2023 |
c 3............................................. | ad No 120, 2023 |
c 4............................................. | ad No 120, 2023 |
c 5............................................. | ad No 120, 2023 |
c 6............................................. | ad No 120, 2023 |
c 7............................................. | ad No 120, 2023 |
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