Work Health and Safety Act 2011 (NSW)
Work Health and Safety Amendment (Industrial Manslaughter) Act 2024 No 43, Sch 1[4], to the extent it omits sec 229B(3) (not commenced)
Industrial Relations and Other Legislation Amendment (Workplace Protections) Act 2025 No 42, Sch 3[2] [12]–[15] [17] [18] [23] and [24] (not commenced — Sch 3[12]–[15] [17] [18] [23] and [24] to commence on 1.3.2026; Sch 3[2] to commence on 1.7.2026)
Workers Compensation Legislation Amendment (Reform and Modernisation) Bill 2025
Statute Law (Miscellaneous Provisions) Bill (No 2) 2025
Work Health and Safety Amendment (Digital Work Systems) Bill 2025
An Act to secure the health, safety and welfare of persons at work; to repeal the Occupational Health and Safety Act 2000; and for other purposes.
This Act is the Work Health and Safety Act 2011.
This Act commences on 1 January 2012 or on such later day as may be appointed by proclamation before 1 January 2012.
The main object of this Act is to provide for a balanced and nationally consistent framework to secure the health and safety of workers and workplaces by—
(a) protecting workers and other persons against harm to their health, safety and welfare through the elimination or minimisation of risks arising from work or from specified types of substances or plant, and
(b) providing for fair and effective workplace representation, consultation, 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.
In furthering subsection (1) (a), regard must be had to the principle that workers and other persons should be given the highest level of protection against harm to their health, safety and welfare from hazards and risks arising from work or from specified types of substances or plant as is reasonably practicable.
In this Act—
(a) a law of an Australian jurisdiction that has the same name as this Act, and
(b) a law of an Australian jurisdiction that is prescribed by the regulations as a corresponding WHS law.
(a) design of part of the plant, substance or structure, and
(b) redesign or modify a design.
Section 18 (8) of the Work Health and Safety (Mines and Petroleum Sites) Act 2013 deems government officials under that Act to also be inspectors.
(a) the regulator, or
(b) a person appointed by the regulator under section 225.
(a) in the case of SafeWork NSW—a person employed in the SafeWork NSW Agency, or
(b) in the case of the Secretary of the Department of Regional NSW—a person employed in that Department.
(a) an officer within the meaning of section 9 of the Corporations Act 2001 of the Commonwealth other than a partner in a partnership, or
(b) an officer of the Crown within the meaning of section 247, or
(c) an officer of a public authority within the meaning of section 252,
other than an elected member of a local authority acting in that capacity.
(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.
(a) a Division of the Government Service, or
(b) a NSW Government agency, or
(c) a local authority, or
(d) any other public or local authority constituted by or under an Act.
(a) an industrial organisation of employees under the Industrial Relations Act 1996, or
(b) an association of employees registered, or taken to be registered, under the Fair Work (Registered Organisations) Act 2009 of the Commonwealth
(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.
(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.
(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.
(Repealed)
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.
A business or undertaking conducted by a person includes a business or undertaking conducted by a partnership or an unincorporated association.
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.
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.
An elected member of a local authority does not in that capacity conduct a business or undertaking.
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.
A volunteer association does not conduct a business or undertaking for the purposes of this Act.
In this section,
A person may be both a
A
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.
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.
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.
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.
A person is a
(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.
For the purposes of this Act, a police officer is—
(a) a worker, and
(b) at work throughout the time when the officer is on duty or lawfully performing the functions of a police officer, but not otherwise.
The person conducting the business or undertaking is also a
A person may be both a
A
In this section,
(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.
An example at the foot of a provision forms part of this Act.
A note at the foot of a provision forms part of this Act.
This Act binds the Crown in right of this jurisdiction and, in so far as the legislative power of the Parliament of this jurisdiction permits, the Crown in all its other capacities.
The Crown is liable for an offence against this Act.
Without limiting subsection (1), the Crown is liable for a contravention of a WHS civil penalty provision.
* * * * *
Not required in NSW.
* * * * *
Not required in NSW.
Strict liability applies to each physical element of each offence under this Act unless otherwise stated in the section containing the offence.
This Subdivision sets out the principles that apply to all duties that persons have under this Act.
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 one duty by virtue of being in more than one class of duty holder.
More than one person can concurrently have the same duty.
Each duty holder must comply with that duty to the standard required by this Act even if another duty holder has the same duty.
If more than one 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,
(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.
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.
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.
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.
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.
A self-employed person must ensure, so far as is reasonably practicable, his or her own health and safety while at work.
A self-employed person is also a person conducting a business or undertaking for the purposes of this section.
In this section,
(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.
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.
In this section,
(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.
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.
This section applies to a person (the
(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.
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).
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).
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)–(e).
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)–(e).
This section applies to a person (the
(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.
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).
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).
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)–(e).
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)–(e).
This section applies to a person (the
(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.
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).
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.
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)–(e).
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)–(e).
This section applies to a person (the
(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.
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).
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.
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)–(e).
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)–(e).
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.
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).
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.
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.
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.
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.
In this section,
(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
Example. For the purposes of paragraph (e), the duties or obligations under this Act of a person conducting a business or undertaking may include—
• reporting notifiable incidents,
• consulting with workers,
• ensuring compliance with notices issued under this Act,
• ensuring the provision of training and instruction to workers about work health and safety,
• ensuring that health and safety representatives receive their entitlements to training.
(f) to verify the provision and use of the resources and processes referred to in paragraphs (c)–(e).
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.
This Division sets out offences, and penalties for the offences, in relation to the health and safety duties imposed by Divisions 2, 3 and 4 of Part 2. In certain circumstances, the death of a person at work may also constitute manslaughter under Part 2A and be prosecuted under this Act or may constitute manslaughter under the Crimes Act 1900 and be prosecuted under that Act. See section 18 of the Crimes Act 1900, which provides for the offence of manslaughter, and section 24 of that Act, which provides that the offence of manslaughter is punishable by imprisonment for 25 years.
In this Division,
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 gross negligence, or
(ii) is reckless as to the risk to an individual of death or serious injury or illness.
Maximum penalty—
(a) for an individual, as a person conducting a business or undertaking or an officer of a person conducting a business or undertaking—18,805 penalty units or 10 years imprisonment, or both, or
(b) for an individual, otherwise—9,038 penalty units or 10 years imprisonment, or both, or
(c) for a body corporate—90,424 penalty units.
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.
Maximum penalty—
(a) for an individual, as a person conducting a business or undertaking or an officer of a person conducting a business or undertaking—3,626 penalty units, or
(b) for an individual, otherwise—1,813 penalty units, or
(c) for a body corporate—18,128 penalty units.
A person commits a Category 3 offence if—
(a) the person has a health and safety duty, and
(b) the person fails to comply with that duty.
Maximum penalty—
(a) for an individual, as a person conducting a business or undertaking or an officer of a person conducting a business or undertaking—1,214 penalty units, or
(b) for an individual, otherwise—607 penalty units, or
(c) for a body corporate—6,070 penalty units.
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.
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.
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.
A member of the NSW Police Force does not commit an offence under this Division for a failure to comply with a health and safety duty that occurs while—
(a) the member is responding to a particular active armed offender incident, or
(b) the member is in command of, or is otherwise authorising actions by or providing directions to, other members of the NSW Police Force who are responding to a particular active armed offender incident, or
(c) the member is receiving information from, or providing information to, other members of the NSW Police Force for the purposes of assisting them in responding to a particular active armed offender incident, or
(d) the member is participating with other members of the NSW Police Force in preparing or planning for responding to a particular active armed offender incident.
A member of the NSW Police Force is
(a) a person armed with an offensive weapon or instrument (the
offender ) is attacking or has attacked, or is attempting to attack or has attempted to attack, another person (thevictim ), and(b) the member reasonably believes (or one or more other members of the NSW Police Force who are commanding, authorising actions by or directing the member reasonably believe) that the offender will do any of the following unless prevented from doing so—
(i) continue attacking, or attempting to attack, the victim,
(ii) attack, or attempt to attack, the victim again,
(iii) attack, or attempt to attack, another person apart from the victim, and
(c) the member is acting (whether or not in combination with, or at the command or direction of, other members of the NSW Police Force) to prevent the offender from doing so.
To avoid doubt, this section does not affect the duties of the State or the Crown under this Part in connection with responding to a particular active armed offender incident.
In this section—
In this part—
(a) an act, or
(b) an omission to perform an act.
A person commits industrial manslaughter if—
(a) the person has a health and safety duty, and
(b) the person is—
(i) a person conducting a business or undertaking, or
(ii) an officer of a person conducting a business or undertaking, and
(c) the person engages in conduct that—
(i) for a person conducting a business or undertaking—
(A) constitutes a failure to comply with the person’s health and safety duty, and
(B) causes the death of a worker or another individual to whom the person’s health and safety duty is owed, or
(ii) for an officer of a person conducting a business or undertaking—
(A) constitutes a failure to comply with the officer’s health and safety duty, and
(B) causes the death of a worker or another individual to whom the person conducting a business or undertaking owes a health and safety duty, and
(d) the person engages in the conduct with gross negligence.
Maximum penalty—
(a) for an individual—imprisonment for 25 years, or
(b) for a body corporate—$20,000,000.
A volunteer does not commit an offence against section 34C.
A volunteer may still be liable for an offence of manslaughter under the Crimes Act 1900.
Proceedings for an offence against section 34C—
(a) may be commenced at any time after the commission of the offence, and
(b) are not subject to any limitation period in section 232 or another statute of limitations that would otherwise operate to prevent the commencement of proceedings for the offence.
See also Part 13, which provides for matters relating to legal proceedings under this Act, including that proceedings for an offence against section 34C committed by an individual must be dealt with on indictment.
If, on the trial of a person for an offence against section 34C, the court or jury is not satisfied the person is guilty but is satisfied the person is guilty of an offence against section 31—
(a) the court or jury may acquit the person of the offence charged and find the person guilty of an offence against section 31, and
(b) the person is liable to the punishment for the offence against section 31.
To avoid doubt, section 232 does not apply to proceedings to which this section applies.
In this Act,
(a) the death of a person, or
(b) a serious injury or illness of a person, or
(c) a dangerous incident.
In this Part,
(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
(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.
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.
Maximum penalty—
(a) for an individual—121 penalty units, or
(b) for a body corporate—607 penalty units.
The notice must be given in accordance with this section and by the fastest possible means.
The notice must be given—
(a) by telephone, or
(b) in writing.
The written notice can be given by email or other electronic means.
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.
A written notice must be in a form, or contain the details, approved by the regulator.
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.
A person conducting a business or undertaking must keep a record of each notifiable incident for at least 5 years from the day that notice of the incident is given to the regulator under this section.
Maximum penalty—
(a) for an individual—61 penalty units, or
(b) for a body corporate—304 penalty units.
Despite subsection (1), a person is not required to give notice under this section of an incident that occurs at a workplace to which the Work Health and Safety (Mines and Petroleum Sites) Act 2013 applies.
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.
Maximum penalty—
(a) for an individual—121 penalty units, or
(b) for a body corporate—607 penalty units.
In subsection (1) a reference to a site includes any plant, substance, structure or thing associated with the notifiable incident.
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.
This section does not apply to a workplace to which the Work Health and Safety (Mines and Petroleum Sites) Act 2013 applies.
In this Part,
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.
Maximum penalty—
(a) for an individual—607 penalty units, or
(b) for a body corporate—3,036 penalty units.
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.
Maximum penalty—
(a) for an individual—243 penalty units, or
(b) for a body corporate—1,214 penalty units.
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.
Maximum penalty—
(a) for an individual—243 penalty units, or
(b) for a body corporate—1,214 penalty units.
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.
Maximum penalty—
(a) for an individual—243 penalty units, or
(b) for a body corporate—1,214 penalty units.
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.
Maximum penalty—
(a) for an individual—243 penalty units, or
(b) for a body corporate—1,214 penalty units.
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.
Maximum penalty—
(a) for an individual—243 penalty units, or
(b) for a body corporate—1,214 penalty units.
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.
Maximum penalty—
(a) for an individual—243 penalty units, or
(b) for a body corporate—1,214 penalty units.
A person must comply with the conditions of any authorisation given to that person under the regulations.
Maximum penalty—
(a) for an individual—243 penalty units, or
(b) for a body corporate—1,214 penalty units.
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.
Maximum penalty—
(a) for an individual—243 penalty units, or
(b) for a body corporate—1,214 penalty units.
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.
Maximum penalty—
(a) for an individual—243 penalty units, or
(b) for a body corporate—1,214 penalty units.
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.
The agreed procedures must not be inconsistent with section 48.
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.
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, or
(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 one or more health and safety representatives to represent workers who carry out work for the business or undertaking.
If a request is made under section 50, the person conducting the business or undertaking must facilitate the determination of one or more work groups of workers.
The purpose of determining a work group is to facilitate the representation of workers in the work group by one or more health and safety representatives.
A work group may be determined for workers at one or more workplaces.
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 will form the work group or their representatives.
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.
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, and
(d) the businesses or undertakings to which the work groups will apply.
The parties to an agreement concerning the determination of a work group or groups may, at any time, negotiate a variation of the agreement.
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.
Maximum penalty—
(a) for an individual—121 penalty units, or
(b) for a body corporate—607 penalty units.
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.
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.
Maximum penalty—
(a) for an individual—25 penalty units, or
(b) for a body corporate—121 penalty units.
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.
Maximum penalty—
(a) for an individual—25 penalty units, or
(b) for a body corporate—121 penalty units.
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.
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).
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.
A decision under this section is taken to be an agreement under section 52.
Work groups may be determined for workers carrying out work for 2 or more persons conducting businesses or undertakings at one or more workplaces.
The particulars of the work groups are to be determined by negotiation and agreement, in accordance with section 56, between each of the persons conducting the businesses or undertakings and the workers.
The parties to an agreement concerning the determination of a work group or groups may, at any time, negotiate a variation of the agreement.
The determination of one or more work groups under this Subdivision does not—
(a) prevent the determination under this Subdivision or Subdivision 2 of any other work group of the workers concerned, or
(b) affect any work groups of those workers that have already been determined under this Subdivision or Subdivision 2.
Negotiations concerning work groups under this Subdivision must be directed only at the following—
(a) the number and composition of work groups to be represented by health and safety representatives,
(b) the number of health and safety representatives and deputy health and safety representatives (if any) for each work group,
(c) the workplace or workplaces to which the work groups will apply,
(d) the businesses or undertakings to which the work groups will apply.
A person conducting a 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.
Maximum penalty—
(a) for an individual—121 penalty units, or
(b) for a body corporate—607 penalty units.
If agreement cannot be reached on a matter relating to the determination of a work group (or a variation of an agreement) within a reasonable time after negotiations commence under this Subdivision, any party to the negotiations may ask the regulator to appoint an inspector to assist the negotiations in relation to that matter.
The regulations may prescribe the matters that must be taken into account in negotiations for and determination of work groups and variations of agreements.
A 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.
Maximum penalty—
(a) for an individual—25 penalty units, or
(b) for a body corporate—121 penalty units.
A 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.
Maximum penalty—
(a) for an individual—25 penalty units, or
(b) for a body corporate—121 penalty units.
A party to a negotiation for an agreement, or to an agreement, concerning a work group under this Subdivision may withdraw from the negotiation or agreement at any time by giving reasonable notice (in writing) to the other parties.
If a party withdraws from an agreement concerning a work group under this Subdivision—
(a) the other parties must negotiate a variation to the agreement in accordance with section 56, and
(b) the withdrawal does not affect the validity of the agreement between the other parties in the meantime.
To avoid doubt, nothing in this Subdivision affects the capacity of 2 or more persons conducting businesses or undertakings and their workers to enter into other agreements or make other arrangements, in addition to complying with this Part, concerning the representation of those workers.
A worker is—
(a) eligible to be elected as a health and safety representative for a work group only if he or she is a member of that work group, and
(b) not eligible to be elected as a health and safety representative if he or she is disqualified under section 65 from being a health and safety representative.
The workers in a work group may determine how an election of a health and safety representative for the work group is to be conducted.
However, an election must comply with the procedures (if any) prescribed by the regulations.
If a majority of the workers in a work group so determine, the election may be conducted with the assistance of a union or other person or organisation.
The person conducting the business or undertaking to which the work group relates must provide any resources, facilities and assistance that are reasonably necessary or are prescribed by the regulations to enable elections to be conducted.
Maximum penalty—
(a) for an individual—121 penalty units, or
(b) for a body corporate—607 penalty units.
A health and safety representative for a work group is to be elected by members of that work group.
All workers in a work group are entitled to vote for the election of a health and safety representative for that work group.
If the number of candidates for election as a health and safety representative for a work group equals the number of vacancies, the election need not be conducted and each candidate is to be taken to have been elected as a health and safety representative for the work group.
A health and safety representative for a work group holds office for 3 years.
However a person ceases to hold office as a health and safety representative for a work group if—
(a) the person resigns as a health and safety representative for the work group by written notice given to the person conducting the relevant business or undertaking, or
(b) the person ceases to be a worker in the work group for which he or she was elected as a health and safety representative, or
(c) the person is disqualified under section 65 from acting as a health and safety representative, or
(d) the person is removed from that position by a majority of the members of the work group in accordance with the regulations.
A health and safety representative is eligible for re-election.
An application may be made to the Industrial Relations Commission to disqualify a health and safety representative on the ground that the representative has—
(a) exercised a power or performed a function as a health and safety representative for an improper purpose, or
(b) used or disclosed any information he or she acquired as a health and safety representative for a purpose other than in connection with the role of health and safety representative.
The following persons may make an application under this section—
(a) any person adversely affected by—
(i) the exercise of a power or the performance of a function referred to in subsection (1) (a), or
(ii) the use or disclosure of information referred to in subsection (1) (b),
(b) the regulator.
If the Industrial Relations Commission is satisfied that a ground in subsection (1) is made out, the Commission may disqualify the health and safety representative for a specified period or indefinitely.
A health and safety representative is not personally liable for anything done or omitted to be done in good faith—
(a) in exercising a power or performing a function under this Act, or
(b) in the reasonable belief that the thing was done or omitted to be done in the exercise of a power or the performance of a function under this Act.
Each deputy health and safety representative for a work group is to be elected in the same way as a health and safety representative for the work group.
If the health and safety representative for a work group ceases to hold office or is unable (because of absence or any other reason) to exercise the powers or perform the functions of a health and safety representative under this Act—
(a) the powers and functions may be exercised or performed by a deputy health and safety representative for the work group, and
(b) this Act applies in relation to the deputy health and safety representative as if he or she were the health and safety representative.
Sections 64, 65, 66, 72 and 73 apply to deputy health and safety representatives in the same way as they apply to health and safety representatives.
The powers and functions of a health and safety representative for a work group are—
(a) to represent the workers in the work group in matters relating to work health and safety, and
(b) to monitor the measures taken by the person conducting the relevant business or undertaking or that person’s representative in compliance with this Act in relation to workers in the work group, and
(c) to investigate complaints from members of the work group relating to work health and safety, and
(d) to inquire into anything that appears to be a risk to the health or safety of workers in the work group, arising from the conduct of the business or undertaking.
In exercising a power or performing a function, the health and safety representative may—
(a) inspect the workplace or any part of the workplace at which a worker in the work group works—
(i) at any time after giving reasonable notice to the person conducting the business or undertaking at that workplace, and
(ii) at any time, without notice, in the event of an incident, or any situation involving a serious risk to the health or safety of a person emanating from an immediate or imminent exposure to a hazard, and
(b) accompany an inspector during an inspection of the workplace or part of the workplace at which a worker in the work group works, and
(c) with the consent of a worker that the health and safety representative represents, be present at an interview concerning work health and safety between the worker and—
(i) an inspector, or
(ii) the person conducting the business or undertaking at that workplace or the person’s representative, and
(d) with the consent of one or more workers that the health and safety representative represents, be present at an interview concerning work health and safety between a group of workers, which includes the workers who gave the consent, and—
(i) an inspector, or
(ii) the person conducting the business or undertaking at that workplace or the person’s representative, and
(e) request the establishment of a health and safety committee, and
(f) receive information concerning the work health and safety of workers in the work group, and
(g) whenever necessary, request the assistance of any person.
A health and safety representative also has a power under Division 6 of this Part to direct work to cease in certain circumstances and under Division 7 of this Part to issue provisional improvement notices.
Despite subsection (2) (f), a health and safety representative is not entitled to have access to any personal or medical information concerning a worker without the worker’s consent unless the information is in a form that—
(a) does not identify the worker, and
(b) could not reasonably be expected to lead to the identification of the worker.
Nothing in this Act imposes or is taken to impose a duty on a health and safety representative in that capacity.
A health and safety representative for a work group may exercise powers and perform functions under this Act only in relation to matters that affect, or may affect, workers in that group.
Subsection (1) does not apply if—
(a) there is a serious risk to health or safety emanating from an immediate or imminent exposure to a hazard that affects or may affect a member of another work group, or
(b) a member of another work group asks for the representative’s assistance,
and the health and safety representative (and any deputy health and safety representative) for that other work group is found, after reasonable inquiry, to be unavailable.
In this section,
The person conducting a business or undertaking must—
(a) consult, so far as is reasonably practicable, on work health and safety matters with any health and safety representative for a work group of workers carrying out work for the business or undertaking, and
(b) confer with a health and safety representative for a work group, whenever reasonably requested by the representative, for the purpose of ensuring the health and safety of the workers in the work group, and
(c) allow any health and safety representative for the work group to have access to information that the person has relating to—
(i) hazards (including associated risks) at the workplace affecting workers in the work group, and
(ii) the health and safety of the workers in the work group, and
(d) with the consent of a worker that the health and safety representative represents, allow the health and safety representative to be present at an interview concerning work health and safety between the worker and—
(i) an inspector, or
(ii) the person conducting the business or undertaking at that workplace or the person’s representative, and
(e) with the consent of one or more workers that the health and safety representative represents, allow the health and safety representative to be present at an interview concerning work health and safety between a group of workers, which includes the workers who gave the consent, and—
(i) an inspector, or
(ii) the person conducting the business or undertaking at that workplace or the person’s representative, and
(f) provide any resources, facilities and assistance to a health and safety representative for the work group that are reasonably necessary or prescribed by the regulations to enable the representative to exercise his or her powers or perform his or her functions under this Act, and
(g) allow a person assisting a health and safety representative for the work group to have access to the workplace if that is necessary to enable the assistance to be provided, and
(h) permit a health and safety representative for the work group to accompany an inspector during an inspection of any part of the workplace where a worker in the work group works, and
(i) provide any other assistance to the health and safety representative for the work group that may be required by the regulations.
Maximum penalty—
(a) for an individual—121 penalty units, or
(b) for a body corporate—607 penalty units.
Part 9 (Securing compliance) extends to the exercise of powers in connection with the OHS Act or a regulation under the OHS Act in relation to offences committed against the OHS Act or the regulation before its repeal or in relation to any other matter that continues to have any force or effect (except as provided by or under this Schedule).
Without limiting clause 1, the regulations under that clause may make provision for or with respect to—
(a) the continued operation after the commencement of this Act of a regulation or provision of a regulation made or continued in operation by or under the OHS Act or by or under an Act repealed by the OHS Act, or
(b) anything done under any such regulation or provision and having any force or effect immediately before the commencement of this Act.
A notice, direction, order, requirement, exemption or other instrument that—
(a) is given, issued or made under the OHS Act, and
(b) is in force on the repeal of the OHS Act,
has effect for the purposes of any corresponding provision of or made under this Act, unless this Act or the regulations otherwise provide.
Anything done under the OHS Act or a provision of the OHS Act that has any force or effect immediately before its repeal is taken to have been done under the corresponding provision of this Act, subject to any express or implied provision to the contrary in this Act or the regulations made under this Act.
In this Part—
Proceedings for an OHS offence alleged to have been committed before the repeal of the OHS Act are to be dealt with after the repeal of the OHS Act as if that Act had not been repealed, except as otherwise provided by this Part.
Proceedings for an OHS offence that are commenced after the commencement of the WHS Act are to be dealt with as follows—
(a) proceedings are to be dealt with summarily before the Local Court or the District Court in its summary jurisdiction, except as provided by paragraph (b),
(b) proceedings for an offence against section 32A (Reckless conduct causing death at workplace by person with OHS duties) of the OHS Act are to be taken on indictment.
Proceedings for an OHS offence alleged to have been committed on or after 7 June 2011 that were commenced in the Industrial Court before the commencement of the WHS Act but not finally determined by the Industrial Court before that commencement are discontinued in the Industrial Court on that commencement and are then to be dealt with—
(a) summarily before the District Court in its summary jurisdiction, unless paragraph (b) applies, or
(b) on indictment in the case of proceedings for an offence against section 32A of the OHS Act.
Proceedings for an offence against section 32A of the OHS Act cannot be instituted after the commencement of the WHS Act except with the written consent of a Minister of the Crown (including such a consent given before the commencement of the WHS Act) or by an inspector under the WHS Act.
Part 11 (Enforceable undertakings) of the WHS Act extends to a contravention or alleged contravention of a provision of the OHS laws that occurred or is alleged to have occurred on or after 7 June 2011.
This clause does not apply to a contravention or alleged contravention of section 32A of the OHS Act.
In addition to the persons authorised under section 106 of the OHS Act to institute proceedings for an OHS offence, proceedings for such an offence may be instituted by an Australian legal practitioner representing a person so authorised to institute the proceedings.
This clause extends to proceedings instituted before the commencement of this Part and before the commencement of the WHS Act.
Any act or omission that would have been valid had this Part been in force at the time of the act or omission is taken to be (and always to have been) valid.
To remove doubt, this clause extends to the commencement or institution of criminal proceedings (including the purported commencement or institution of criminal proceedings) and any act or omission in connection with criminal proceedings.
In this Part—
Section 8B of the Coal Mine Health
and Safety Act 2002 (
A reference to this Act in section 14, 15 or 16 of the CMHS Act includes a reference to the OHS Act in relation to an offence committed before the commencement of this Act.
A site-specific occupational health and safety management plan prepared for the purposes of section 75 of the CMHS Act that is in force immediately before the commencement of this Act is taken to have been prepared as a site-specific work health and safety management plan.
A reference to this Act in section 175 of the CMHS Act includes a reference to the OHS Act in relation to a failure that occurs before the commencement of this Act.
A reference to this Act in section 191 of the CMHS Act includes a reference to the OHS Act in relation to an offence committed before the commencement of this Act.
A reference to this Act in section 220 of the CMHS Act includes a reference to the OHS Act in relation to a matter or thing done or omitted before the commencement of this Act.
A reference to the OHS Act in clause 27 (Validation) of Schedule 3 to the CMHS Act includes a reference to this Act if the relevant date under that clause is after the commencement of this Act.
Section 27 of the Crimes (Sentencing Procedure) Act 1999 continues to apply as it was in force before the commencement of this Act to and in relation to an offence against Division 1 of Part 2 of the OHS Act committed before the commencement of this Act.
Sections 215 and 257D of the Criminal Procedure Act 1986 continue to apply as it was in force before the commencement of this Act to and in respect of proceedings for an offence committed before that commencement.
There is no right of appeal under section 197A (Appeals against acquittals in proceedings for offences against occupational health and safety legislation) of the Industrial
Relations Act 1996 (
Section 197A of the IR Act continues to apply (despite its repeal) to and in relation to an appeal commenced under that section before its repeal.
Section 210 (1) (j) of the IR Act continues to apply as it was in force before the commencement of this Act to and in relation to—
(a) any complaint made about a workplace matter (as referred to in that provision) before the repeal of that provision, and
(b) the exercise before the repeal of that provision of any function conferred under Division 2 of Part 2 of the OHS Act.
Section 383A (a) of the IR Act continues to apply (despite its repeal) to and in relation to the recovery of any amount ordered to be paid under section 114 of the OHS Act by the Local Court constituted by an Industrial Magistrate before the repeal of that provision.
Section 8 of the Mine Health and
Safety Act 2004(
A reference to this Act in sections 18, 19 and 20 of the MHS Act includes a reference to the OHS Act in relation to an offence committed before the commencement of this Act.
A reference to this Act in section 100 of the MHS Act includes a reference to the OHS Act in relation to a serious breach of a provision of the OHS Act or the regulations under that Act that occurs before the commencement of this Act.
A reference to this Act in section 164 of the MHS Act includes a reference to the OHS Act in relation to a failure that occurs before the commencement of this Act.
A reference to this Act in section 189 of the MHS Act includes a reference to the OHS Act in relation to a matter or thing done or omitted before the commencement of this Act.
A reference to this Act in section 378E of the Mining Act 1992 includes a reference to the OHS Act in relation to an order or direction given before the commencement of this Act.
Section 138 (1) of the Rail
Safety Act 2008 (
Section 138 (2) of the Act continues to apply as it was in force before the commencement of this Act to and in respect of improvement or prohibition notices issued before the commencement of this Act.
Except as otherwise provided by this clause, an amendment made to the Act by the amending Act does not apply to an act or omission that occurs before the commencement of the amendment.
For the purposes of section 244A of the Road Transport (General) Act 2005, a person who commits an act or omission that constitutes an offence under an applicable road law and under the OHS Act is not liable to be punished twice in relation to that offence if it was committed before the commencement of this Act.
For the purposes of section 20 of the Rural Workers Accommodation Act 1969 (
A reference in section 245A (Evidence—criminal proceedings under WHS legislation) of the Workplace Injury Management and Workers Compensation Act 1998 to work health and safety legislation includes (in relation to an offence committed before the commencement of this Act) a reference to occupational health and safety legislation within the meaning of that Act as in force before that commencement.
For the purposes of the operation of section 254 of the Workplace Injury Management and Workers Compensation Act 1998 after the commencement of this Act, an injury reported before that commencement by or on behalf of an employer to an inspector under the OHS Act is taken to have been reported to an inspector under this Act.
The Workers Compensation and Work Health and Safety Council of New South Wales is a continuation of the Workers Compensation and Workplace Occupational Health and Safety Council of New South Wales as constituted under the Workplace Injury Management and Workers Compensation Act 1998 before the commencement of this Act.
In this Part—
A reference in section 229A or 271A to the WHS(M) Act includes a reference to each of the former Acts.
In this Part—
Section 230 (1A) as inserted by the amending Act extends to proceedings brought before the commencement of that Act.
Proceedings brought or purporting to have been brought before the commencement of section 230 (1A) that would have been validly brought had section 230 (1A) been in force at the time the proceedings were brought are taken to have been (and always to have been) validly brought.
An amendment made by the amending Act does not affect any decision of a court made before the date of assent to that Act, except as provided by subclause (2).
A decision of a court made before the date of assent to the amending Act that would have been validly made had the amendments made by that Act been in force when the decision was made (and that would otherwise not have been valid) is validated.
Proceedings for an OHS offence that were terminated before the date of assent to the amending Act because they were not validly instituted may be recommenced whether or not the time for commencing the proceedings has expired if the proceedings would have been validly instituted if the amending Act had commenced before the proceedings were terminated.
Proceedings cannot be recommenced under this clause later than 6 months after the date of assent to the amending Act.
Terminated proceedings that were terminated in the District Court may be recommenced under this clause on the basis of the applications and other documents by which those proceedings were last commenced, and any thing done in the terminated proceedings (other than the termination of the proceedings) is taken to have been done in the recommenced proceedings.
In this clause—
This clause applies in relation to a contract of insurance or other arrangement, or a grant of indemnity for liability, (each an
A person does not commit an offence against section 272A for providing insurance or a grant of indemnity under an existing arrangement, or for taking the benefit of an existing arrangement, to the extent any payment made under the existing arrangement is not in relation to a liability for a monetary penalty under this Act for an incident that occurred after the commencement.
In this clause—
In this Part—
(a) starting on 18 July 2019, and
(b) ending immediately before the commencement of the amendment Act.
This clause applies if, during the relevant period, the regulator waived, reduced, postponed or refunded, in whole or part, a fee payable or paid by a person under this Act or the regulations on the ground the regulator was satisfied it was appropriate because—
(a) the person was suffering financial hardship, or
(b) special circumstances existed.
The waiver, reduction, postponement or refund is taken to have been as valid as if it had happened after the commencement of the amendment Act.
To remove any doubt, the power of the regulator to waive, reduce, postpone or refund, in whole or part, a fee payable or paid under this Act or the regulations applies in relation to—
(a) a person who was suffering financial hardship—
(i) during the relevant period, or
(ii) because of events that happened during the relevant period, or
(b) special circumstances—
(i) that existed during the relevant period, or
(ii) that exist because of events that happened during the relevant period.
Section 272A(3) does not apply to a contract of insurance or other arrangement, or a grant of indemnity for liability, in force immediately before the commencement of the Work Health and Safety Amendment (Review) Act 2020.
An amendment made to this Act by the Work Health and Safety Amendment (Industrial Manslaughter) Act 2024 applies only in relation to conduct engaged in, or alleged to have been engaged in, on or after the commencement of the amendment.
An amendment made to this Act by the Industrial Relations Amendment Act 2025 extends to proceedings commenced before the commencement of the amendment but not if the hearing of the proceedings commenced before the commencement of the amendment.
The Rural Workers Accommodation Act 1969 is repealed.
Clauses 3 and 4 re-enact sections 5, 6 and 8 of the Rural Workers Accommodation Act 1969 and are transferred provisions to which section 30A of the Interpretation Act 1987 applies.
A person who has control of rural premises must provide suitable accommodation to a rural worker who works at the rural premises if due to the nature of the work, the rural worker must live for a period exceeding 24 hours at or near the rural premises.
Maximum penalty—250 penalty units.
It is a defence to any proceedings against a person for an offence against subclause (1) if the person proves that—
(a) it was not reasonably practicable for the person to comply with this clause, or
(b) the commission of the offence was due to causes over which the person had no control and against the happening of which it was impracticable for the person to make provision.
The accommodation provided for a rural worker is, subject to any contrary provision of a Commonwealth or State industrial instrument applicable to the worker, to be provided free of cost to the worker.
Section 22 (Liability of directors etc for offences by corporation—accessory to the commission of the offences) of the Rural Workers Accommodation Act 1969, as in force immediately before its repeal, continues to have effect in relation to the offence against clause 3 (1).
A code of practice in force immediately before the repeal of the Rural Workers Accommodation Act 1969 by the Fair Trading Legislation Amendment (Miscellaneous) Act 2018 is taken to be an approved code of practice under Part 14 of this Act.
See also Occupational Health and Safety Amendment Act 2011.
Work Health and Safety Act 2011 No 10. Assented to 7.6.2011. Date of commencement, 1.1.2012, sec 2. This Act has been amended as follows—
No 67 | Work Health and Safety Legislation Amendment Act 2011. Assented to 28.11.2011. Date of commencement of Sch 1 [1], assent, sec 2 (2); date of commencement of Sch 1 [2]–[19], 1.1.2012, sec 2 (1). | |
No 42 | Statute Law (Miscellaneous Provisions) Act 2012. Assented to 21.6.2012. Date of commencement of Sch 1.29, 6.7.2012, sec 2 (1). | |
No 54 | Work Health and Safety (Mines) Act 2013. Assented to 1.7.2013. Date of commencement of Sch 3, sec 2 and 2014 (786) LW 12.12.2014. | |
No 95 | Civil and Administrative Legislation (Repeal and Amendment) Act 2013. Assented to 20.11.2013. Date of commencement, 1.1.2014, sec 2. | |
No 109 | Work Health and Safety Amendment Act 2013. Assented to 3.12.2013. Date of commencement, assent, sec 2. | |
No 71 | Work Health and Safety (Mines) Amendment Act 2014. Assented to 11.11.2014. Date of commencement of Sch 2, 1.2.2015, sec 2 and 2014 (787) LW 12.12.2014. | |
No 19 | State Insurance and Care Governance Act 2015. Assented to 21.8.2015. Date of commencement of Sch 14, 1.9.2015, sec 2 and 2015 (524) LW 28.8.2015. | |
No 43 | Work Health and Safety (Mines and Petroleum) Legislation Amendment (Harmonisation) Act 2015. Assented to 2.11.2015. Date of commencement, 1.2.2016, sec 2 and 2016 (46) LW 29.1.2016. | |
No 48 | Industrial Relations Amendment (Industrial Court) Act 2016. Assented to 18.10.2016. Date of commencement of Sch 2, 8.12.2016, sec 2 (1) and 2016 (674) LW 15.11.2016. | |
No 55 | Statute Law (Miscellaneous Provisions) Act (No 2) 2016. Assented to 25.10.2016. Date of commencement of Sch 3.55, 6.1.2017, sec 2 (1). | |
No 22 | Statute Law (Miscellaneous Provisions) Act 2017. Assented to 1.6.2017. Date of commencement of Sch 3, 7.7.2017, sec 2 (3); date of commencement of Sch 4, 7 days after assent, sec 2 (1). | |
No 50 | Health Practitioner Regulation Amendment Act 2017. Assented to 24.10.2017. Date of commencement of Sch 5.33, 8.1.2018, sec 2 and 2017 (666) LW 1.12.2017. | |
No 65 | Local Government Amendment (Regional Joint Organisations) Act 2017. Assented to 30.11.2017. Date of commencement, 15.12.2017, sec 2 and 2017 (730) LW 15.12.2017. | |
No 12 | Work Health and Safety Amendment Act 2018. Assented to 21.3.2018. Date of commencement, assent, sec 2. | |
No 79 | Fair Trading Legislation Amendment (Miscellaneous) Act 2018. Assented to 28.11.2018. Date of commencement of Sch 2.4, 1.7.2019, sec 2 and 2019 (114), LW 28.2.2019. | |
No 1 | Statute Law (Miscellaneous Provisions) Act 2019. Assented to 17.6.2019. Date of commencement of Sch 2.43, 14 days after assent, sec 2 (1). | |
No 3 | Better Regulation and Customer Service Legislation Amendment (Bushfire Relief) Act 2020. Assented to 25.3.2020. Date of commencement, assent, sec 2. | |
No 10 | Work Health and Safety Amendment (Review) Act 2020. Assented to 10.6.2020. Date of commencement, assent, sec 2. | |
No 34 | Work Health and Safety Amendment (Information Exchange) Act 2020. Assented to 27.10.2020. Date of commencement, assent, sec 2. | |
No 59 | Statute Law (Miscellaneous Provisions) Act (No 2) 2022. Assented to 26.10.2022. Date of commencement, 13.1.2023, sec 2. | |
No 34 | Work Health and Safety Amendment Act 2023. Assented to 24.10.2023. Date of commencement of Sch 1[1] [3] [16] [21] [23] [29]–[31] [33]–[36] [38] and [39], assent, sec 2(c); date of commencement of Sch 1[2] [18]–[20] [22] and [24]–[27], 6 months after assent (i.e. 25.4.2024), sec 2(a); date of commencement of Sch 1[4]–[15] [17] [28] [32] and [37], 1.7.2024, sec 2(b). | |
No 41 | Industrial Relations Amendment Act 2023. Assented to 5.12.2023. Date of commencement of Sch 2, 1.7.2024, sec 2 and 2024 (131) LW 26.4.2024. Amended by Work Health and Safety Amendment(Industrial Manslaughter) Act 2024 No 43. Assented to 24.6.2024. Date of commencement of Sch 2, assent. | |
No 43 | Work Health and Safety Amendment (Industrial Manslaughter) Act 2024. Assented to 24.6.2024. Date of commencement of Sch 1[1]–[3] and [4], except to the extent it omits sec 229B(3), 16.9.2024, sec 2(b) and 2024 (471) LW 13.9.2024; date of Sch 1[4], to the extent it omits sec 229B(3): not in force; date of commencement of Sch 1[5]–[8], assent, sec 2(a). | |
No 8 | Industrial Relations Amendment Act 2025. Assented to 2.3.2025. Date of commencement of Sch 1.9, assent, sec 2(b). | |
No 18 | Work Health and Safety Amendment (Standalone Regulator) Act 2025. Assented to 8.4.2025. Date of commencement, 1.7.2025, sec 2. | |
No 42 | Industrial Relations and Other Legislation Amendment (Workplace Protections) Act 2025. Assented to 3.7.2025. Date of commencement of Sch 3[1] [3]–[11] [16] and [19]–[22], 13.10.2025, sec 2(a) and 2025 (531) LW 26.9.2025; date of commencement of Sch 3[2] [12]–[15] [17] [18] [23] and [24]: not in force. | |
No 48 | Statute Law (Miscellaneous Provisions) Act 2025. Assented to 15.8.2025. Date of commencement of Sch 2.20, assent, sec 2(e). |
This Act has been amended by sec 30C of the Interpretation Act 1987 No 15.
Sec 2 | Subst 2011 No 67, Sch 1 [1]. |
Sec 4 | Am 2011 No 10, Sch 1 [2]–[4]; 2013 No 54, Sch 3.14 [1]–[3]; 2014 No 71, Sch 2.5 [1]; 2015 No 19, Sch 14 [1] [2]; 2015 No 43, Sch 2 [1] [2]; 2016 No 48, Sch 2.37 [1]; 2017 No 22, Sch 4.52; 2017 No 50, Sch 5.33; 2017 No 65, Sch 2.34; 2022 No 59, Sch 3.69[1] [2]; 2023 No 34, Sch 1[1] [2]; 2025 No 18, Sch 1[1] [2]; 2025 No 42, Sch 3[1]. |
Sec 4A | Ins 2014 No 71, Sch 2.5 [2]. Rep 2015 No 19, Sch 14 [3]. |
Sec 5 | Am 2020 No 10, Sch 1[1]. |
Sec 7 | Am 2020 No 10, Sch 1[2]. |
Pt 2, Div 5, note | Ins 2020 No 10, Sch 1[3]. Am 2024 No 43, Sch 1[1]. |
Sec 31 | Am 2020 No 10, Sch 1[4] [5], Sch 2[4]–[6]; 2023 No 34, Sch 1[3] [4]. |
Sec 32 | Am 2020 No 10, Sch 2[6]–[8]; 2023 No 34, Sch 1[5]. |
Sec 33 | Am 2020 No 10, Sch 2[9]; 2023 No 34, Sch 1[6]. |
Sec 34A | Ins 2018 No 12, Sch 1. |
Part 2A | Ins 2024 No 43, Sch 1[2]. |
Sec 34B | Ins 2024 No 43, Sch 1[2]. |
Sec 34C | Ins 2024 No 43, Sch 1[2]. |
Sec 34D | Ins 2024 No 43, Sch 1[2]. |
Sec 34E | Ins 2024 No 43, Sch 1[2]. |
Sec 34F | Ins 2024 No 43, Sch 1[2]. |
Sec 38 | Am 2011 No 10, Sch 1 [5]; 2013 No 54, Sch 3.14 [4]; 2015 No 43, Sch 2 [3]; 2018 No 12, Sch 2 [1]; 2020 No 10, Sch 2[10] [11]; 2023 No 34, Sch 1[7] [8]. |
Sec 39 | Am 2013 No 54, Sch 3.14 [5]; 2015 No 43, Sch 2 [3]; 2023 No 34, Sch 1[7]. |
Sec 41 | Am 2020 No 10, Sch 2[12]; 2023 No 34, Sch 1[9]. |
Sec 42 | Am 2020 No 10, Sch 2[13]; 2023 No 34, Sch 1[10]. |
Sec 43 | Am 2020 No 10, Sch 2[13]; 2023 No 34, Sch 1[10]. |
Sec 44 | Am 2020 No 10, Sch 2[13]; 2023 No 34, Sch 1[10]. |
Sec 45 | Am 2020 No 10, Sch 2[13]; 2023 No 34, Sch 1[10]. |
Sec 46 | Am 2020 No 10, Sch 2[13]; 2023 No 34, Sch 1[10]. |
Sec 47 | Am 2020 No 10, Sch 2[13]; 2023 No 34, Sch 1[10]. |
Sec 52 | Am 2023 No 34, Sch 1[7]. |
Sec 53 | Am 2020 No 10, Sch 2[14]; 2023 No 34, Sch 1[11]. |
Sec 56 | Am 2023 No 34, Sch 1[7]. |
Sec 57 | Am 2020 No 10, Sch 2[14]; 2023 No 34, Sch 1[11]. |
Sec 61 | Am 2023 No 34, Sch 1[7]. |
Sec 70 | Am 2023 No 34, Sch 1[7]. |
Sec 71 | Am 2019 No 1, Sch 2.43; 2023 No 34, Sch 1[7]. |
Sec 72 | Am 2020 No 10, Sch 1[6]–[10]; 2023 No 34, Sch 1[7]. |
Sec 74 | Am 2020 No 10, Sch 2[14]; 2023 No 34, Sch 1[11]. |
Sec 75 | Am 2020 No 10, Sch 2[10] [11]; 2023 No 34, Sch 1[8]. |
Sec 76A | Subst 2013 No 54, Sch 3.14 [6]. Am 2015 No 43, Sch 2 [3] [4]. |
Sec 79 | Am 2023 No 34, Sch 1[7]. |
Sec 97 | Am 2020 No 10, Sch 2[10] [11]; 2023 No 34, Sch 1[8]. |
Sec 97A | Ins 2025 No 42, Sch 3[3]. |
Sec 99 | Am 2020 No 10, Sch 2[12]; 2023 No 34, Sch 1[9]. |
Part 5, Div 7A | Ins 2025 No 42, Sch 3[4]. |
Sec 102A | Ins 2025 No 42, Sch 3[4]. |
Sec 102B | Ins 2025 No 42, Sch 3[4]. |
Sec 102C | Ins 2025 No 42, Sch 3[4]. |
Sec 102D | Ins 2025 No 42, Sch 3[4]. |
Sec 102E | Ins 2025 No 42, Sch 3[4]. |
Sec 102F | Ins 2025 No 42, Sch 3[4]. |
Sec 102G | Ins 2025 No 42, Sch 3[4]. |
Sec 102H | Ins 2025 No 42, Sch 3[4]. |
Sec 102I | Ins 2025 No 42, Sch 3[4]. |
Sec 104 | Am 2020 No 10, Sch 2[9]; 2023 No 34, Sch 1[12]. |
Sec 107 | Am 2020 No 10, Sch 2[9]; 2023 No 34, Sch 1[12]. |
Sec 108 | Am 2020 No 10, Sch 2[9]; 2023 No 34, Sch 1[12]; 2025 No 48, Sch 2.19. |
Sec 109 | Am 2020 No 10, Sch 2[9]; 2023 No 34, Sch 1[12]. |
Sec 112 | Am 2016 No 55, Sch 3.55 [1]–[3]; 2020 No 10, Sch 1[11]; 2025 No 8, Sch 1.9[1] [2]. |
Sec 114 | Am 2025 No 8, Sch 1.9[1]. |
Sec 118 | Am 2023 No 34, Sch 1[13]; 2025 No 42, Sch 3[5] [6]. |
Sec 123 | Am 2023 No 34, Sch 1[14]. |
Sec 124 | Am 2023 No 34, Sch 1[13]. |
Sec 125 | Am 2023 No 34, Sch 1[13]. |
Sec 126 | Am 2023 No 34, Sch 1[13]. |
Sec 128 | Am 2023 No 34, Sch 1[13]. |
Sec 129 | Am 2023 No 34, Sch 1[13]. |
Sec 143 | Am 2023 No 34, Sch 1[13]. |
Sec 144 | Am 2023 No 34, Sch 1[13]. |
Sec 145 | Am 2023 No 34, Sch 1[13]. |
Sec 146 | Am 2023 No 34, Sch 1[13]. |
Sec 147 | Am 2023 No 34, Sch 1[13]. |
Sec 148 | Am 2023 No 34, Sch 1[13]. |
Sec 149 | Am 2020 No 10, Sch 2[14]. |
Sec 150 | Am 2020 No 10, Sch 2[10] [11]; 2023 No 34, Sch 1[15]. |
Sec 154 | Ins 2011 No 10, Sch 1 [6]. |
Sec 155 | Am 2018 No 12, Sch 2 [2]; 2023 No 34, Sch 1[7]. |
Sec 155A | Ins 2018 No 12, Sch 2 [3]. |
Sec 155B | Ins 2020 No 10, Sch 1[12]. |
Part 8, Div 3 | Ins 2025 No 18, Sch 1[3]. |
Sec 155C | Ins 2025 No 18, Sch 1[3]. |
Sec 155D | Ins 2025 No 18, Sch 1[3]. |
Sec 155E | Ins 2025 No 18, Sch 1[3]. |
Sec 155F | Ins 2025 No 18, Sch 1[3]. |
Sec 156A | Am 2011 No 10, Sch 1 [7]. Subst 2013 No 54, Sch 3.14 [7]. Rep 2015 No 43, Sch 2 [5]. |
Sec 162 | Am 2023 No 34, Sch 1[16]. |
Sec 162A | Am 2011 No 10, Sch 1 [8]; 2013 No 54, Sch 3.14 [8]; 2015 No 19, Sch 14 [5]. Rep 2015 No 43, Sch 2 [5]. |
Sec 165 | Am 2023 No 34, Sch 1[7]. |
Sec 165A | Am 2011 No 10, Sch 1 [9]. Rep 2013 No 54, Sch 3.14 [9]. |
Sec 166 | Am 2018 No 12, Sch 2 [4]. |
Sec 166A | Rep 2013 No 54, Sch 3.14 [10]. |
Sec 171 | Am 2020 No 10, Sch 1[13] [14]; 2023 No 34, Sch 1[7]. |
Sec 171A | Ins 2020 No 10, Sch 1[15]. |
Sec 177 | Am 2023 No 34, Sch 1[7]. |
Sec 185 | Am 2023 No 34, Sch 1[7]. |
Sec 185A | Ins 2018 No 12, Sch 2 [5]. |
Sec 188 | Am 2023 No 34, Sch 1[7]. |
Sec 189 | Am 2023 No 34, Sch 1[7]. |
Sec 190 | Am 2020 No 10, Sch 2[12]; 2023 No 34, Sch 1[17]. |
Sec 193 | Am 2020 No 10, Sch 2[12]; 2023 No 34, Sch 1[9]. |
Sec 197 | Am 2020 No 10, Sch 2[9]; 2023 No 34, Sch 1[12]. |
Part 10, Div 2A | Ins 2023 No 34, Sch 1[18]. |
Sec 197A | Ins 2023 No 34, Sch 1[18]. |
Sec 197B | Ins 2023 No 34, Sch 1[18]. |
Sec 197C | Ins 2023 No 34, Sch 1[18]. |
Sec 197D | Ins 2023 No 34, Sch 1[18]. |
Sec 197E | Ins 2023 No 34, Sch 1[18]. |
Sec 200 | Am 2020 No 10, Sch 2[12]; 2023 No 34, Sch 1[9]. |
Sec 202 | Am 2023 No 34, Sch 1[19]. |
Sec 204 | Am 2023 No 34, Sch 1[20] [21]. |
Sec 205 | Am 2023 No 34, Sch 1[20]. |
Sec 206 | Subst 2023 No 34, Sch 1[22]. |
Sec 207 | Subst 2023 No 34, Sch 1[23]. |
Sec 209 | Am 2018 No 12, Sch 2 [6]. |
Sec 210 | Am 2020 No 10, Sch 2[10] [11]; 2023 No 34, Sch 1[8]. |
Sec 211 | Am 2023 No 34, Sch 1[24]. |
Sec 212 | Am 2023 No 34, Sch 1[24] [25]. |
Sec 213 | Am 2023 No 34, Sch 1[24]. |
Sec 214 | Am 2023 No 34, Sch 1[26]. |
Sec 215 | Am 2023 No 41, Sch 2.35[1]. |
Sec 216 | Am 2024 No 43, Sch 1[3]. |
Sec 219 | Am 2020 No 10, Sch 2[12]; 2023 No 34, Sch 1[9]. |
Sec 220 | Am 2023 No 41, Sch 2.35[2]. |
Sec 223 | Am 2016 No 55, Sch 3.55 [4]; 2023 No 34, Sch 1[27]; 2025 No 42, Sch 3[7]–[11]. |
Sec 229A | Am 2011 No 10, Sch 1 [10]. Rep 2013 No 54, Sch 3.14 [11]. |
Sec 229B | Am 2011 No 10, Sch 1 [11]; 2016 No 48, Sch 2.37 [2]; 2020 No 10, Sch 1[16]; 2023 No 34, Sch 1[28]; 2023 No 41, Sch 2.35[3] (am 2024 No 43, Sch 2) [4]; 2024 No 43, Sch 1[4]. |
Sec 230 | Am 2013 No 109, Sch 1 [1]; 2018 No 12, Sch 2 [7]. |
Sec 231 | Am 2020 No 10, Sch 1[17] [18]. |
Sec 232 | Am 2025 No 42, Sch 3[16]. |
Sec 233A | Ins 2018 No 12, Sch 2 [8]. |
Sec 236 | Am 2016 No 55, Sch 3.55 [5]. |
Sec 242 | Am 2020 No 10, Sch 2[12]; 2023 No 34, Sch 1[9]. |
Part 13, Div 2A | Ins 2020 No 10, Sch 1[19]. |
Sec 242A | Ins 2020 No 10, Sch 1[19]. Am 2023 No 34, Sch 1[29]. |
Sec 242B | Ins 2020 No 10, Sch 1[19]. |
Sec 242C | Ins 2020 No 10, Sch 1[19]. |
Sec 242D | Ins 2020 No 10, Sch 1[19]. |
Sec 243 | Subst 2017 No 22, Sch 3.86. Am 2023 No 34, Sch 1[30]. |
Sec 244 | Subst 2023 No 34, Sch 1[31]. |
Sec 244A | Ins 2023 No 34, Sch 1[31]. |
Sec 244B | Ins 2023 No 34, Sch 1[31]. Am 2024 No 43, Sch 1[5]. |
Sec 244BA | Ins 2024 No 43, Sch 1[6]. |
Sec 244C | Ins 2023 No 34, Sch 1[31]. |
Sec 244D | Ins 2023 No 34, Sch 1[31]. |
Sec 252 | Am 2011 No 10, Sch 1 [12]. |
Sec 255 | Am 2016 No 48, Sch 2.37 [3]; 2023 No 41, Sch 2.35[5]. |
Sec 268 | Am 2016 No 55, Sch 3.55 [6]; 2023 No 34, Sch 1[7]. |
Sec 271 | Am 2020 No 10, Sch 1[20]; 2023 No 34, Sch 1[7]; 2025 No 42, Sch 3[19] [20]. |
Sec 271A | Ins 2011 No 10, Sch 1 [13]. Am 2013 No 54, Sch 3.14 [12]; 2015 No 19, Sch 14 [5]; 2015 No 43, Sch 2 [3]. |
Sec 271AA | Ins 2025 No 42, Sch 3[21]. |
Sec 271AB | Ins 2025 No 42, Sch 3[22]. |
Secs 271B–271F | Ins 2020 No 34, sec 3(1). |
Sec 272A | Ins 2020 No 10, Sch 1[21]. Am 2023 No 34, Sch 1[32] [33]. |
Sec 272B | Ins 2020 No 10, Sch 1[21]. |
Sec 273 | Am 2020 No 10, Sch 2[10] [11]; 2023 No 34, Sch 1[8]. |
Part 14, Div 1A | Ins 2023 No 34, Sch 1[34]. |
Sec 273A | Ins 2023 No 34, Sch 1[34]. |
Sec 273B | Ins 2023 No 34, Sch 1[34]. |
Sec 274 | Am 2023 No 34, Sch 1[35] [36]. |
Sec 276 | Am 2013 No 95, Sch 2.153 [1]; 2020 No 3, Sch 1.31[1] [2]; 2020 No 10, Sch 1[22]; 2023 No 34, Sch 1[37]. |
Sec 276A | Rep 2011 No 10, Sch 1 [14]. Ins 2020 No 34, sec 3(2). |
Sec 276B | Subst 2024 No 43, Sch 1[7]. |
Sec 276C | Rep 1987 No 15, sec 30C. Ins 2025 No 18, Sch 1[4]. |
Sch 1 | Am 2020 No 10, Sch 1[23]–[25]. |
Sch 1A | Ins 2025 No 18, Sch 1[5]. |
Sch 2 | Subst 2015 No 19, Sch 14 [6]. Am 2015 No 43, Sch 2 [6]–[8]; 2022 No 59, Sch 3.69[1]; 2025 No 18, Sch 1[6] [7]. |
Sch 3 | Am 2013 No 95, Sch 2.153 [2]; 2023 No 34, Sch 1[38]. |
Sch 4 | Am 2011 No 10, Sch 1 [15]–[19]; 2012 No 42, Sch 1.29; 2013 No 109, Sch 1 [2]–[5]; 2013 No 54, Sch 3.14 [13] [14]; 2020 No 3, Sch 1.31[3]; 2020 No 10, Sch 1[26]; 2023 No 34, Sch 1[39]; 2024 No 43, Sch 1[8]; 2025 No 8, Sch 1.9[3]. |
Sch 5 | Rep 1987 No 15, sec 30C. Ins 2018 No 79, Sch 2.4. |
The whole Act | Am 2020 No 10, Sch 2[1]–[3], respectively (“$50,000”, “$100,000” and “$10,000” omitted wherever occurring in the penalty provisions. “575 penalty units”, “1,155 penalty units” and “115 penalty units” inserted instead, respectively). |
0
0
0