Work Health and Safety Act 2012 (SA)

South Australia

Work Health and Safety Act 2012

An Act to provide for the health, safety and welfare of persons at work; and for other purposes.

The Parliament of South Australia enacts as follows:

Part 1PreliminaryDivision 1Introduction1Short title

This Act may be cited as the Work Health and Safety Act 2012.

Division 2Object3Object

(1)
The main object of this Act is to provide for a balanced and nationally consistent framework to secure the health and safety of workers and workplaces by—
(a)
protecting workers and other persons against harm to their health, safety and welfare through the elimination or minimisation of risks arising from work or from specified types of substances or plant; and
(b)
providing for fair and effective workplace representation, consultation, co‑operation and issue resolution in relation to work health and safety; and
(c)
encouraging unions and employer organisations to take a constructive role in promoting improvements in work health and safety practices, and assisting persons conducting businesses or undertakings and workers to achieve a healthier and safer working environment; and
(d)
promoting the provision of advice, information, education and training in relation to work health and safety; and
(e)
securing compliance with this Act through effective and appropriate compliance and enforcement measures; and
(f)
ensuring appropriate scrutiny and review of actions taken by persons exercising powers and performing functions under this Act; and
(g)
providing a framework for continuous improvement and progressively higher standards of work health and safety; and
(h)
maintaining and strengthening the national harmonisation of laws relating to work health and safety and to facilitate a consistent national approach to work health and safety in this jurisdiction.
(2)
In furthering subsection (1)(a), regard must be had to the principle that workers and other persons should be given the highest level of protection against harm to their health, safety and welfare from hazards and risks arising from work, or from specified types of substances or plant, as is reasonably practicable.

Division 3InterpretationSubdivision 1Definitions4Definitions

(1)
In this Act, unless the contrary intention appears—
advisory committee means the SafeWork SA Advisory Committee established under Division 5;
approved code of practice means a code of practice approved under Part 14;
authorised, in Part 4—see section 40;
authorising authority means SAET;
Category 1 offence—see section 31;
Category 2 offence—see section 32;
Category 3 offence—see section 33;
compliance powers means the functions and powers conferred on an inspector under this Act;
condition includes limitation and restriction;
construct includes assemble, erect, reconstruct, reassemble and re‑erect;
corresponding regulator means the holder of a public office, or a public authority, of the Commonwealth, or of a State, who or which is responsible for administering a corresponding WHS law;
corresponding WHS law means—
(a)
the Dangerous Substances Act 1979; or
(b)
the Explosives Act 1936; or
(c)
the Fair Work Act 1994; or
(d)
the Mines and Works Inspection Act 1920; or
(e)
the Offshore Minerals Act 2000; or
(f)
the Petroleum (Submerged Lands) Act 1982; or
(g)
the Petroleum and Geothermal Energy Act 2000; or
(h)
the Petroleum Products Regulation Act 1995; or
(i)
any other Act brought within the ambit of this definition by the regulations; or
(j)
a law of another Australian jurisdiction corresponding, or substantially corresponding, to this Act; or
(k)
a law of another Australian jurisdiction brought within the ambit of this definition by the regulations;
dangerous incident, in Part 3—see section 37;
demolition includes deconstruction;
Department means the administrative unit of the Public Service that is, under the Minister, responsible for the administration of this Act;
design, in relation to plant, a substance or a structure includes—
(a)
design of part of the plant, substance or structure; and
(b)
redesign or modify a design;
disclose, in relation to information, includes divulge or communicate to any person or publish;
discriminatory conduct, in Part 6—see section 105;
document includes record;
emergency services worker means—
(a)
a police officer; or
(b)
a member of the South Australian Metropolitan Fire Service, the South Australian Country Fire Service or the South Australian State Emergency Service; or
(c)
a fire control officer appointed under the Fire and Emergency Services Act 2005; or
(d)
the State Co‑ordinator or an authorised officer under the Emergency Management Act 2004; or
(e)
a person brought within the ambit of this definition by the regulations;
employee record, in relation to an employee, has the same meaning as it has in the Privacy Act 1988 of the Commonwealth;
employer organisation means—
(a)
an employer 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 employers that is registered or recognised as such an association (however described) under a State or Territory industrial law;
engage in conduct means doing an act or omitting to do an act;
Executive Director means the person for the time being holding, or acting in, the position of Executive Director under Schedule 5 clause 3;
Fair Work Act means the Fair Work Act 2009 of the Commonwealth;
handling includes transport;
health means physical and psychological health;
health and safety duty—see section 30;
health and safety representative, in relation to a worker, means the health and safety representative elected under Part 5 for the work group of which the worker is a member;
import means to bring into the jurisdiction from outside Australia;
industrial manslaughter offence—see section 30A;
inspector means an inspector appointed under Part 9;
internal reviewer means—
(a)
the regulator; or
(b)
a person appointed by the regulator under section 225;
local authority means a council under the Local Government Act 1999;
Magistrates Court means the Magistrates Court of South Australia;
medical treatment means treatment by a medical practitioner registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);
notifiable incident—see section 35;
officer means—
(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;
official of a union, in Part 7—see section 116;
personal information has the same meaning as it has in the Privacy Act 1988 of the Commonwealth;
person conducting a business or undertaking—see section 5;
plant includes—
(a)
any machinery, equipment, appliance, container, implement and tool; and
(b)
any component of any of those things; and
(c)
anything fitted or connected to any of those things;
prohibited reason, in Part 6—see section 106;
public authority means—
(a)
an agency or instrumentality of the Crown; or
(b)
an administrative unit or department within the Public Service of this or any other State, or of the Commonwealth;
reasonably practicable, in relation to a duty to ensure health and safety—see section 18;
regulator means the Executive Director;
relevant person conducting a business or undertaking, in Part 7—see section 116;
relevant union, in Part 7—see section 116;
relevant worker, in Part 7—see section 116;
representative—
(a)
in relation to a person conducting a business or undertaking, means—
(i)
an employer organisation representing the person conducting the business or undertaking; or
(ii)
any other person that the person conducting the business or undertaking authorises to represent them; and
(b)
in relation to a worker, means—
(i)
the health and safety representative for the worker; or
(ii)
a union entitled to represent the industrial interests of the worker; or
(iii)
any other person that the worker authorises to represent them;
review committee means a review committee constituted under Schedule 4;
RTWSA means the Return to Work Corporation of South Australia;
SAET means the South Australian Employment Tribunal established under the South Australian Employment Tribunal Act 2014;
serious injury or illness, in Part 3—see section 36;
State includes Territory;
State or Territory industrial law has the same meaning as it has in the Fair Work Act;
structure means anything that is constructed, whether fixed or moveable, temporary or permanent, and includes—
(a)
buildings, masts, towers, framework, pipelines, transport infrastructure and underground works (shafts or tunnels); and
(b)
any component of a structure; and
(c)
part of a structure;
substance means any natural or artificial substance, whether in the form of a solid, liquid, gas or vapour;
supply—see section 6;
this Act includes the regulations;
union means—
(a)
an employee organisation that is registered, or taken to be registered, under the Fair Work (Registered Organisations) Act 2009 of the Commonwealth; or
(b)
an association of employees or independent contractors, or both, that is registered or recognised as such an association (however described) under a State or Territory industrial law;
volunteer means a person who is acting on a voluntary basis (irrespective of whether the person receives out‑of‑pocket expenses);
WHS entry permit means a WHS entry permit issued under Part 7;
WHS entry permit holder means a person who holds a WHS entry permit;
WHS undertaking means an undertaking given under section 216(1);
work group means a work group determined under Part 5;
worker—see section 7;
workplace—see section 8.
(2)
For the purposes of Part 2, a person engages in conduct with gross negligence if the conduct involves—
(a)
such a great falling short of the standard of care that a reasonable person would exercise in the circumstances; and
(b)
such a high risk of causing the death or serious injury or illness of an individual,
that the conduct merits criminal punishment for the offence.
(3)
For the purposes of Part 2, a person is reckless as to the risk to an individual of death or serious injury or illness if—
(a)
the person is aware of a substantial risk that death or serious injury or illness will happen; and
(b)
having regard to the circumstances known to the person, it is unjustifiable to take the risk.
(4)
For the purposes of Part 2, the question of whether taking a risk is unjustifiable is a question of fact.

Subdivision 2Other important terms

5Meaning of person conducting a business or undertaking

(1)
For the purposes of this Act, a person conducts a business or undertaking—
(a)
whether the person conducts the business or undertaking alone or with others; and
(b)
whether or not the business or undertaking is conducted for profit or gain.
(2)
A business or undertaking conducted by a person includes a business or undertaking conducted by a partnership or an unincorporated association.
(3)
If a business or undertaking is conducted by a partnership (other than an incorporated partnership), a reference in this Act to a person conducting the business or undertaking is to be read as a reference to each partner in the partnership.
(4)
A person does not conduct a business or undertaking to the extent that the person is engaged solely as a worker in, or as an officer of, that business or undertaking.
(5)
An elected member of a local authority does not in that capacity conduct a business or undertaking.
(6)
The regulations may specify the circumstances in which a person may be taken not to be a person who conducts a business or undertaking for the purposes of this Act or any provision of this Act.
(7)
A volunteer association does not conduct a business or undertaking for the purposes of this Act.
(8)
In this section—
volunteer association means a group of volunteers working together for one or more community purposes where none of the volunteers, whether alone or jointly with any other volunteers, employs any person to carry out work for the volunteer association.

6Meaning of supply

(1)
A supply of a thing includes a supply and a resupply of the thing by way of sale, exchange, lease, hire or hire‑purchase, whether as principal or agent.
(2)
A supply of a thing occurs on the passing of possession of the thing to the person or an agent of the person to be supplied.
(3)
A supply of a thing does not include—
(a)
the return of possession of a thing to the owner of the thing at the end of a lease or other agreement; or
(b)
a prescribed supply.
(4)
A financier is taken not to supply plant, a substance or a structure for the purposes of this Act if—
(a)
the financier has, in the course of the financier's business as a financier, acquired ownership of, or another right in, the plant, substance or structure on behalf of a customer of the financier; and
(b)
the action by the financier, that would be a supply but for this subsection, is taken by the financier for, or on behalf of, that customer.
(5)
If subsection (4) applies, the person (other than the financier) who had possession of the plant, substance or structure immediately before the financier's customer obtained possession of the plant, substance or structure is taken for the purposes of this Act to have supplied the plant, substance or structure to the financier's customer.

7Meaning of worker

(1)
A person is a worker if the person carries out work in any capacity for a person conducting a business or undertaking, including work as—
(a)
an employee; or
(b)
a contractor or subcontractor; or
(c)
an employee of a contractor or subcontractor; or
(d)
an employee of a labour hire company who has been assigned to work in the person's business or undertaking; or
(e)
an outworker; or
(f)
an apprentice or trainee; or
(g)
a student gaining work experience; or
(h)
a volunteer; or
(i)
a person of a prescribed class.
(2)
For the purposes of this Act, a police officer is—
(a)
a worker; and
(b)
at work throughout the time when the officer is on duty or lawfully performing the functions of a police officer.
(3)
The person conducting the business or undertaking is also a worker if the person is an individual who carries out work in that business or undertaking.

8Meaning of workplace

(1)
A workplace is a place where work is carried out for a business or undertaking and includes any place where a worker goes, or is likely to be, while at work.
(2)
In this section—
place includes—
(a)
a vehicle, vessel, aircraft or other mobile structure; and
(b)
any waters and any installation on land, on the bed of any waters or floating on any waters.

9Examples and notes

(1)
An example at the foot of a provision forms part of this Act.
(2)
A note at the foot of a provision forms part of this Act.

Division 4Application of Act10Act binds the Crown

(1)
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.
(2)
The Crown is liable for an offence against this Act.
(3)
Without limiting subsection (1), the Crown is liable for a contravention of a WHS civil penalty provision.
(4)
Section 7(2) of the Crown Proceedings Act 1992 does not apply in respect of proceedings before SAET under Part 5 Division 7A.

11Extraterritorial application

(1)
It is the intention of the Parliament of the State that this Act should, so far as possible, operate to the full extent of the extraterritorial legislative power of the State.
(2)
Without limiting subsection (1), this Act applies in relation to work on a South Australian ship whether or not the ship is within the coastal waters of the State.
(3)
In this section—
ship includes a boat, vessel or craft;
South Australian ship means a ship—
(a)
that is registered in the State; or
(b)
that is owned or under charter by the Crown; or
(c)
that is owned or under charter by a body corporate or other person—
(i)
whose principal office or place of business is in the State; or
(ii)
whose principal office or place of business with respect to the control or management of the ship is in the State.

12Scope

(1)
The provisions of this Act are in addition to and do not derogate from the provisions of any other Act.
(2)
The provisions of this Act do not limit or derogate from any civil right or remedy and compliance with this Act does not necessarily indicate that a common law duty of care has been satisfied.

Division 5SafeWork SA Advisory Committee12AEstablishment of committee

(1)
The SafeWork SA Advisory Committee is established.
(2)
The advisory committee consists of 15 members of whom—
(a)
the following will be ex officio members:
(i)
the Minister;
(ii)
the regulator;
(iii)
the person for the time being holding, or acting in, the position of Chief Executive of the Department;
(iv)
the person for the time being holding, or acting in, the position of Chief Executive Officer of RTWSA; and
(b)
the following will be appointed by the Minister:
(i)
the presiding member;
(ii)
4 members who, in the opinion of the Minister, are suitable to represent the interests of employees (following consultation with the United Trades and Labour Council of South Australia);
(iii)
4 members who, in the opinion of the Minister, are suitable to represent the interests of employers (following consultation with the South Australian Employer's Chamber of Commerce and Industry and other associations representing the interests of employers);
(iv)
1 member who, in the opinion of the Minister, is suitable to represent the interests of victims and their families;
(v)
1 member who, in the opinion of the Minister, is suitable to represent the interests of work health and safety professionals.
(3)
Subject to subsection (4), a member of the advisory committee may appoint a suitable person to act as an alternate member and a person so appointed may, in the member's absence, act as a member of the committee.
(4)
A member of the advisory committee (other than the Minister) may only appoint someone under subsection (3) with the approval of the Minister.

12BTerms and conditions of office

(1)
Subject to this section, an appointed member of the advisory committee will be appointed for a term not exceeding 3 years and will, on the expiration of a term of office, be eligible for reappointment.
(2)
A member of the advisory committee is entitled to fees, allowances and expenses approved by the Governor.
(3)
A member may be removed from office by the Minister if the member—
(a)
becomes mentally or physically incapable of carrying out satisfactorily their functions; or
(b)
is guilty of neglect of duty or dishonourable conduct; or
(c)
having been appointed as an officer or employee of an organisation representing the interests of a particular class of person, ceases to be an officer or employee of that organisation.
(4)
The office of an appointed member becomes vacant if the member—
(a)
dies; or
(b)
completes a term of office and is not reappointed; or
(c)
resigns by written notice addressed to the Minister; or
(d)
is removed from office under subsection (3).
(5)
On the office of an appointed member becoming vacant, a person must be appointed in accordance with this Act to the vacant office.

12CFunctions

(1)
The advisory committee has the following functions:
(a)
to provide advice and recommendations on work health and safety matters to the regulator and the Minister, either on its own initiative or on request;
(b)
to consider and advise on ways to improve communication, consultation and collaboration between work health and safety stakeholders;
(c)
to consider and advise on compliance and education campaigns by the regulator;
(d)
to make recommendations in relation to approved codes of practice;
(e)
any other functions determined by the Minister or prescribed by the regulations.
(2)
For the purpose of performing its functions, the advisory committee may, with the approval of the Minister—
(a)
establish subcommittees (which may, but need not, consist of or include members of the advisory committee) to advise the advisory committee on any aspects of its functions, or to assist in the performance of its functions; and

(b)
conduct public meetings, discussions and inquiries on questions arising before the committee,
and may do any other thing that is necessary for, or incidental to, the performance of its functions.

12DProcedures at meetings

(1)
The presiding member (or their alternate member appointed under section 12A(3)) will preside at meetings of the advisory committee or, in their absence, a member chosen by those present will preside.
(2)
Subject to subsection (3), the advisory committee may act notwithstanding vacancies in its membership.
(3)
Subject to subsection (4), 8 members constitute a quorum of the advisory committee and no business may be transacted at a meeting of the committee unless a quorum is present.
(4)
A quorum will only be taken to be present if—
(a)
at least 1 member present is a member described in section 12A(2)(b)(ii); and
(b)
at least 1 member present is a member described in section 12A(2)(b)(iii).
(5)
Each member present at a meeting of the advisory committee is entitled to 1 vote on a matter arising for decision at the meeting and, in the event of an equality of votes, the person presiding is entitled to a second, or casting vote.
(6)
A decision carried by a majority of the votes cast by the members present at a meeting of the advisory committee is a decision of the committee.
(7)
Subject to this Act, the advisory committee may determine its own procedures.

12EConflict of interest

A member of the advisory committee will not be taken to have a direct or indirect interest in a matter for the purposes of the Public Sector (Honesty and Accountability) Act 1995 by reason only of the fact that the member has an interest in a matter that is shared in common with employees generally or employers generally, or a substantial section of employers or employees.

12FConfidentiality

A member of the advisory committee who, as a member of the committee, acquires information that—
(a)
the member knows to be of a confidential nature; or
(b)
the committee classifies as confidential information,
must not disclose the information without the approval of the Minister.

12GUse of staff and facilities

(1)
The advisory committee may, with the agreement of the Minister, make use of the services of the staff, equipment or facilities of the Department.
(2)
The advisory committee may, with the agreement of a relevant agency or instrumentality, make use of the services of staff, equipment or facilities of any other agency or instrumentality of the Crown.

Part 2Health and safety dutiesDivision 1IntroductorySubdivision 1Principles that apply to duties13Principles that apply to duties

This Subdivision sets out the principles that apply to all duties that persons have under this Act.
Note—
The principles will apply to duties under this Part and other Parts of this Act such as duties relating to incident notification and consultation.

14Duties not transferrable

A duty cannot be transferred to another person.

15Person may have more than one duty

A person can have more than one duty by virtue of being in more than one class of duty holder.

16More than one person can have a duty

(1)
More than one person can concurrently have the same duty.
(2)
Each duty holder must comply with that duty to the standard required by this Act even if another duty holder has the same duty.
(3)
If more than 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.

17Management of risks

(1)
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.
(2)
A person must comply with subsection (1) to the extent to which the person has the capacity to influence and control the matter or would have that capacity but for an agreement or arrangement purporting to limit or remove that capacity.

Subdivision 2What is reasonably practicable

18What is reasonably practicable in ensuring health and safety

In this Act—
reasonably practicable, in relation to a duty to ensure health and safety, means that which is, or was at a particular time, reasonably able to be done in relation to ensuring health and safety, taking into account and weighing up all relevant matters including—
(a)
the likelihood of the hazard or the risk concerned occurring; and
(b)
the degree of harm that might result from the hazard or the risk; and
(c)
what the person concerned knows, or ought reasonably to know, about—
(i)
the hazard or the risk; and
(ii)
ways of eliminating or minimising the risk; and
(d)
the availability and suitability of ways to eliminate or minimise the risk; and
(e)
after assessing the extent of the risk and the available ways of eliminating or minimising the risk, the cost associated with available ways of eliminating or minimising the risk, including whether the cost is grossly disproportionate to the risk.

Division 2Primary duty of care19Primary duty of care

(1)
A person conducting a business or undertaking must ensure, so far as is reasonably practicable, the health and safety of—
(a)
workers engaged, or caused to be engaged by the person; and
(b)
workers whose activities in carrying out work are influenced or directed by the person,
while the workers are at work in the business or undertaking.
(2)
A person conducting a business or undertaking must ensure, so far as is reasonably practicable, that the health and safety of other persons is not put at risk from work carried out as part of the conduct of the business or undertaking.
(3)
Without limiting subsections (1) and (2), a person conducting a business or undertaking must ensure, so far as is reasonably practicable—
(a)
the provision and maintenance of a work environment without risks to health and safety; and
(b)
the provision and maintenance of safe plant and structures; and
(c)
the provision and maintenance of safe systems of work; and
(d)
the safe use, handling and storage of plant, structures and substances; and
(e)
the provision of adequate facilities for the welfare at work of workers in carrying out work for the business or undertaking, including ensuring access to those facilities; and
(f)
the provision of any information, training, instruction or supervision that is necessary to protect all persons from risks to their health and safety arising from work carried out as part of the conduct of the business or undertaking; and
(g)
that the health of workers and the conditions at the workplace are monitored for the purpose of preventing illness or injury of workers arising from the conduct of the business or undertaking.
(4)
If—
(a)
a worker occupies accommodation that is owned by or under the management or control of the person conducting the business or undertaking; and
(b)
the occupancy is necessary for the purposes of the worker's engagement because other accommodation is not reasonably available,
the person conducting the business or undertaking must, so far as is reasonably practicable, maintain the premises so that the worker occupying the premises is not exposed to risks to health and safety.
(5)
A self‑employed person must ensure, so far as is reasonably practicable, his or her own health and safety while at work.
Note—
A self‑employed person is also a person conducting a business or undertaking for the purposes of this section.

Division 3Further duties of persons conducting businesses or undertakings

20Duty of persons conducting businesses or undertakings involving management or control of workplaces

(1)
In this section—

person with management or control of a workplace means a person conducting a business or undertaking to the extent that the business or undertaking involves the management or control, in whole or in part, of the workplace but does not include—
(a)
the occupier of a residence, unless the residence is occupied for the purposes of, or as part of, the conduct of a business or undertaking; or
(b)
a prescribed person.

(2)
The person with management or control of a workplace must ensure, so far as is reasonably practicable, that the workplace, the means of entering and exiting the workplace and anything arising from the workplace are without risks to the health and safety of any person.

21Duty of persons conducting businesses or undertakings involving management or control of fixtures, fittings or plant at workplaces

(1)
In this section—

person with management or control of fixtures, fittings or plant at a workplace means a person conducting a business or undertaking to the extent that the business or undertaking involves the management or control of fixtures, fittings or plant, in whole or in part, at a workplace, but does not include—
(a)
the occupier of a residence, unless the residence is occupied for the purposes of, or as part of, the conduct of a business or undertaking; or
(b)
a prescribed person.

(2)
The person with management or control of fixtures, fittings or plant at a workplace must ensure, so far as is reasonably practicable, that the fixtures, fittings and plant are without risks to the health and safety of any person.

22Duties of persons conducting businesses or undertakings that design plant, substances or structures

(1)
This section applies to a person (the designer) who conducts a business or undertaking that designs—
1. (a)
  plant that is to be used, or could reasonably be expected to be used, as, or at, a workplace; or
2. (b)
  a substance that is to be used, or could reasonably be expected to be used, at a workplace; or
3. (c)
  a structure that is to be used, or could reasonably be expected to be used, as, or at, a workplace.
(2)
The designer must ensure, so far as is reasonably practicable, that the plant, substance or structure is designed to be without risks to the health and safety of persons—
1. (a)
  who, at a workplace, use the plant, substance or structure for a purpose for which it was designed; or
2. (b)
  who handle the substance at a workplace; or
3. (c)
  who store the plant or substance at a workplace; or
4. (d)
  who construct the structure at a workplace; or
5. (e)
  who carry out any reasonably foreseeable activity at a workplace in relation to—
  1. (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
  2. (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
  3. (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.
6. (f)
  who are at or in the vicinity of a workplace and who are exposed to the plant, substance or structure at the workplace or whose health or safety may be affected by a use or activity referred to in paragraph (a), (b), (c), (d) or (e).
(3)
The designer must carry out, or arrange the carrying out of, any calculations, analysis, testing or examination that may be necessary for the performance of the duty imposed by subsection (2).
(4)
The designer must give adequate information to each person who is provided with the design for the purpose of giving effect to it concerning—
1. (a)
  each purpose for which the plant, substance or structure was designed; and
2. (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
3. (c)
  any conditions necessary to ensure that the plant, substance or structure is without risks to health and safety when used for a purpose for which it was designed or when carrying out any activity referred to in subsection (2)(a) to (e).
(5)
The designer, on request, must, so far as is reasonably practicable, give current relevant information on the matters referred to in subsection (4) to a person who carries out, or is to carry out, any of the activities referred to in subsection (2)(a) to (e).

23Duties of persons conducting businesses or undertakings that manufacture plant, substances or structures

(1)
This section applies to a person (the manufacturer) who conducts a business or undertaking that manufactures—
1. (a)
  plant that is to be used, or could reasonably be expected to be used, as, or at, a workplace; or
2. (b)
  a substance that is to be used, or could reasonably be expected to be used, at a workplace; or
3. (c)
  a structure that is to be used, or could reasonably be expected to be used, as, or at, a workplace.
(2)
The manufacturer must ensure, so far as is reasonably practicable, that the plant, substance or structure is manufactured to be without risks to the health and safety of persons—
1. (a)
  who, at a workplace, use the plant, substance or structure for a purpose for which it was designed or manufactured; or
2. (b)
  who handle the substance at a workplace; or
3. (c)
  who store the plant or substance at a workplace; or
4. (d)
  who construct the structure at a workplace; or
5. (e)
  who carry out any reasonably foreseeable activity at a workplace in relation to—
  1. (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
  2. (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
  3. (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.
6. (f)
  who are at or in the vicinity of a workplace and who are exposed to the plant, substance or structure at the workplace or whose health or safety may be affected by a use or activity referred to in paragraph (a), (b), (c), (d) or (e).
(3)
The manufacturer must carry out, or arrange the carrying out of, any calculations, analysis, testing or examination that may be necessary for the performance of the duty imposed by subsection (2).
(4)
The manufacturer must give adequate information to each person to whom the manufacturer provides the plant, substance or structure concerning—
1. (a)
  each purpose for which the plant, substance or structure was designed or manufactured; and
2. (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
3. (c)
  any conditions necessary to ensure that the plant, substance or structure is without risks to health and safety when used for a purpose for which it was designed or manufactured or when carrying out any activity referred to in subsection (2)(a) to (e).
(5)
The manufacturer, on request, must, so far as is reasonably practicable, give current relevant information on the matters referred to in subsection (4) to a person who carries out, or is to carry out, any of the activities referred to in subsection (2)(a) to (e).

24Duties of persons conducting businesses or undertakings that import plant, substances or structures

(1)
This section applies to a person (the importer) who conducts a business or undertaking that imports—
1. (a)
  plant that is to be used, or could reasonably be expected to be used, as, or at, a workplace; or
2. (b)
  a substance that is to be used, or could reasonably be expected to be used, at a workplace; or
3. (c)
  a structure that is to be used, or could reasonably be expected to be used, as, or at, a workplace.
(2)
The importer must ensure, so far as is reasonably practicable, that the plant, substance or structure is without risks to the health and safety of persons—
1. (a)
  who, at a workplace, use the plant, substance or structure for a purpose for which it was designed or manufactured; or
2. (b)
  who handle the substance at a workplace; or
3. (c)
  who store the plant or substance at a workplace; or
4. (d)
  who construct the structure at a workplace; or
5. (e)
  who carry out any reasonably foreseeable activity at a workplace in relation to—
  1. (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
  2. (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
  3. (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.
6. (f)
  who are at or in the vicinity of a workplace and who are exposed to the plant, substance or structure at the workplace or whose health or safety may be affected by a use or activity referred to in paragraph (a), (b), (c), (d) or (e).
(3)
The importer must—
1. (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
2. (b)
  ensure that the calculations, analysis, testing or examination have been carried out.
(4)
The importer must give adequate information to each person to whom the importer provides the plant, substance or structure concerning—
1. (a)
  each purpose for which the plant, substance or structure was designed or manufactured; and
2. (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
3. (c)
  any conditions necessary to ensure that the plant, substance or structure is without risks to health and safety when used for a purpose for which it was designed or manufactured or when carrying out any activity referred to in subsection (2)(a) to (e).
(5)
The importer, on request, must, so far as is reasonably practicable, give current relevant information on the matters referred to in subsection (4) to a person who carries out, or is to carry out, any of the activities referred to in subsection (2)(a) to (e).

25Duties of persons conducting businesses or undertakings that supply plant, substances or structures

(1)
This section applies to a person (the supplier) who conducts a business or undertaking that supplies—
1. (a)
  plant that is to be used, or could reasonably be expected to be used, as, or at, a workplace; or
2. (b)
  a substance that is to be used, or could reasonably be expected to be used, at a workplace; or
3. (c)
  a structure that is to be used, or could reasonably be expected to be used, as, or at, a workplace.
(2)
The supplier must ensure, so far as is reasonably practicable, that the plant, substance or structure is without risks to the health and safety of persons—
1. (a)
  who, at a workplace, use the plant or substance or structure for a purpose for which it was designed or manufactured; or
2. (b)
  who handle the substance at a workplace; or
3. (c)
  who store the plant or substance at a workplace; or
4. (d)
  who construct the structure at a workplace; or
5. (e)
  who carry out any reasonably foreseeable activity at a workplace in relation to—
  1. (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
  2. (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
  3. (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.
6. (f)
  who are at or in the vicinity of a workplace and who are exposed to the plant, substance or structure at the workplace or whose health or safety may be affected by a use or activity referred to in paragraph (a), (b), (c), (d) or (e).

(3)
The supplier must—
1. (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
2. (b)
  ensure that the calculations, analysis, testing or examination have been carried out.
(4)
The supplier must give adequate information to each person to whom the supplier supplies the plant, substance or structure concerning—
1. (a)
  each purpose for which the plant, substance or structure was designed or manufactured; and
2. (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
3. (c)
  any conditions necessary to ensure that the plant, substance or structure is without risks to health and safety when used for a purpose for which it was designed or manufactured or when carrying out any activity referred to in subsection (2)(a) to (e).
(5)
The supplier, on request, must, so far as is reasonably practicable, give current relevant information on the matters referred to in subsection (4) to a person who carries out, or is to carry out, any of the activities referred to in subsection (2)(a) to (e).

26Duty of persons conducting businesses or undertakings that install, construct or commission plant or structures

(1)
This section applies to a person who conducts a business or undertaking that installs, constructs or commissions plant or a structure that is to be used, or could reasonably be expected to be used, as, or at, a workplace.
(2)
The person must ensure, so far as is reasonably practicable, that the way in which the plant or structure is installed, constructed or commissioned ensures that the plant or structure is without risks to the health and safety of persons—
1. (a)
  who install or construct the plant or structure at a workplace; or
2. (b)
  who use the plant or structure at a workplace for a purpose for which it was installed, constructed or commissioned; or
3. (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
4. (d)
  who are at or in the vicinity of a workplace and whose health or safety may be affected by a use or activity referred to in paragraph (a), (b) or (c).

Division 4Duty of officers, workers and other persons27Duty of officers

(1)
If a person conducting a business or undertaking has a duty or obligation under this Act, an officer of the person conducting the business or undertaking must exercise due diligence to ensure that the person conducting the business or undertaking complies with that duty or obligation.
(2)
Subject to subsection (3), the maximum penalty applicable under Division 5 of this Part for an offence relating to the duty of an officer under this section is the maximum penalty fixed for an officer of a person conducting a business or undertaking for that offence.
(3)
Despite anything to the contrary in section 33, if the duty or obligation of a person conducting a business or undertaking was imposed under a provision other than a provision of Division 2 or 3 of this Part or this Division, the maximum penalty under section 33 for an offence by an officer under section 33 in relation to the duty or obligation is the maximum penalty fixed under the provision creating the duty or obligation for an individual who fails to comply with the duty or obligation.
(4)
An officer of a person conducting a business or undertaking may be convicted or found guilty of an offence under this Act relating to a duty under this section whether or not the person conducting the business or undertaking has been convicted or found guilty of an offence under this Act relating to the duty or obligation.
(5)
In this section, due diligence includes taking reasonable steps—
(a)
to acquire and keep up‑to‑date knowledge of work health and safety matters; and
(b)
to gain an understanding of the nature of the operations of the business or undertaking of the person conducting the business or undertaking and generally of the hazards and risks associated with those operations; and
(c)
to ensure that the person conducting the business or undertaking has available for use, and uses, appropriate resources and processes to eliminate or minimise risks to health and safety from work carried out as part of the conduct of the business or undertaking; and
(d)
to ensure that the person conducting the business or undertaking has appropriate processes for receiving and considering information regarding incidents, hazards and risks and responding in a timely way to that information; and
(e)
to ensure that the person conducting the business or undertaking has, and implements, processes for complying with any duty or obligation of the person conducting the business or undertaking under this Act; and
Examples—
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) to (e).

28Duties of workers

While at work, a worker must—
(a)
take reasonable care for his or her own health and safety; and
(b)
take reasonable care that his or her acts or omissions do not adversely affect the health and safety of other persons; and
(c)
comply, so far as the worker is reasonably able, with any reasonable instruction that is given by the person conducting the business or undertaking to allow the person to comply with this Act; and
(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.

29Duties of other persons at the workplace

A person at a workplace (whether or not the person has another duty under this Part) must—
(a)
take reasonable care for his or her own health and safety; and
(b)
take reasonable care that his or her acts or omissions do not adversely affect the health and safety of other persons; and
(c)
comply, so far as the person is reasonably able, with any reasonable instruction that is given by the person conducting the business or undertaking to allow the person conducting the business or undertaking to comply with this Act.

Division 5Offences and penalties30Health and safety duty

In this Division—
health and safety duty means a duty imposed under Division 2, 3 or 4 of this Part.

30AIndustrial manslaughter

(1)
A person (being a person conducting a business or undertaking or an officer of a person conducting a business or undertaking) commits an industrial manslaughter offence if—
(a)
the person has a health and safety duty; and
(b)
the person engages in conduct that breaches that duty; and
(c)
the conduct causes the death of an individual to whom that duty is owed; and
(d)
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)
in the case of an offence committed by an individual as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking—20 years imprisonment;
(b)
in the case of an offence committed by a body corporate—$18 000 000.
(2)
For the purposes of this section, conduct causes the death of an individual if it substantially contributes to the death.
(3)
If at the trial of a person for an offence against this section the trier of fact is not satisfied that the accused is guilty of the offence charged but is satisfied that the accused is guilty of a Category 1 offence, a Category 2 offence or a Category 3 offence, the trier of fact may bring a verdict that the accused is guilty of that offence if the proceedings for the offence charged commenced within the applicable limitation period for the lesser offence.
(4)
To avoid doubt, an offence against this section is a major indictable offence.

31Gross negligence or reckless conduct – Category 1

(1)
A person commits a Category 1 offence if—
1. (a)
  the person has a health and safety duty; and
2. (b)
  the person, without reasonable excuse, engages in conduct that exposes an individual to whom that duty is owed to a risk of death or serious injury or illness; and
3. (c)
  the person—
  1. (i)
    engages in the conduct with gross negligence; or
  2. (ii)
    is reckless as to the risk to an individual of death or serious injury or illness.

Maximum penalty:
(a)
in the case of an offence committed by an individual (other than as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking)—$300 000 or 5 years imprisonment or both;
(b)
in the case of an offence committed by an individual as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking—$600 000 or 5 years imprisonment or both;
(c)
in the case of an offence committed by a body corporate—$3 000 000.

(2)
The prosecution bears the burden of proving that the conduct was engaged in without reasonable excuse.

32Failure to comply with health and safety duty – Category 2

A person commits a Category 2 offence if—
(a)
the person has a health and safety duty; and
(b)
the person fails to comply with that duty; and
(c)
the failure exposes an individual to a risk of death or serious injury or illness.
Maximum penalty:
(a)
in the case of an offence committed by an individual (other than as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking)—$150 000;
(b)
in the case of an offence committed by an individual as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking—$300 000;
(c)
in the case of an offence committed by a body corporate—$1 500 000.

33Failure to comply with health and safety duty – Category 3

A person commits a Category 3 offence if—
(a)
the person has a health and safety duty; and
(b)
the person fails to comply with that duty.
Maximum penalty:
(a)
in the case of an offence committed by an individual (other than as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking)—$50 000;
(b)
in the case of an offence committed by an individual as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking—$100 000;
(c)
in the case of an offence committed by a body corporate—$500 000.

34Exceptions

(1)
To avoid doubt, an officer of a prescribed strata/community titles corporation who is a volunteer does not commit an offence for a failure to comply with a duty under section 27 (but may be liable for a failure to comply with another duty under this Act).
(2)
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.
(3)
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.
(4)
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.
(5)
In this section—
prescribed strata/community titles corporation means—
(a)
a body corporate established under the Strata Titles Act 1988 or the Community Titles Act 1996; or
(b)
a company that holds land for the purposes of a building unit scheme consisting of 2 or more properties designed for separate occupation where the buildings comprising the scheme were erected before 22 February 1968.

Part 3Incident notification35What is a notifiable incident

In this Act—
notifiable incident means—
(a)
the death of a person; or
(b)
a serious injury or illness of a person; or
(c)
a dangerous incident.

36What is a serious injury or illness

In this Part—
serious injury or illness of a person means an injury or illness requiring the person to have—
(a)
immediate treatment as an in‑patient in a hospital; or
(b)
immediate treatment for—
(i)
the amputation of any part of his or her body; or
(ii)
a serious head injury; or
(iii)
a serious eye injury; or
(iv)
a serious burn; or
(v)
the separation of his or her skin from an underlying tissue (such as degloving or scalping); or
(vi)
a spinal injury; or
(vii)
the loss of a bodily function; or
(viii)
serious lacerations; or
(c)
medical treatment within 48 hours of exposure to a substance,
and includes any other injury or illness prescribed by the regulations but does not include an illness or injury of a prescribed kind.

37What is a dangerous incident

In this Part—
dangerous incident means an incident in relation to a workplace that exposes a worker or any other person to a serious risk to a person's health or safety emanating from an immediate or imminent exposure to—
(a)
an uncontrolled escape, spillage or leakage of a substance; or
(b)
an uncontrolled implosion, explosion or fire; or
(c)
an uncontrolled escape of gas or steam; or
(d)
an uncontrolled escape of a pressurised substance; or
(e)
electric shock; or
(f)
the fall or release from a height of any plant, substance or thing; or
(g)
the collapse, overturning, failure or malfunction of, or damage to, any plant that is required to be authorised for use in accordance with the regulations; or
(h)
the collapse or partial collapse of a structure; or
(i)
the collapse or failure of an excavation or of any shoring supporting an excavation; or
(j)
the inrush of water, mud or gas in workings, in an underground excavation or tunnel; or
(k)
the interruption of the main system of ventilation in an underground excavation or tunnel; or
(l)
any other event prescribed by the regulations,
but does not include an incident of a prescribed kind.

38Duty to notify of notifiable incidents

(1)
A person who conducts a business or undertaking must ensure that the regulator is notified immediately after becoming aware that a notifiable incident arising out of the conduct of the business or undertaking has occurred.
Maximum penalty:
(a)
in the case of an individual—$10 000;
(b)
in the case of a body corporate—$50 000.
(2)
The notice must be given in accordance with this section and by the fastest possible means.
(3)
The notice must be given—
(a)
by telephone; or
(b)
in writing.
Example—
The written notice can be given by fax, email or other electronic means.
(4)
A person giving notice by telephone must—
(a)
give the details of the incident requested by the regulator; and
(b)
if required by the regulator, give a written notice of the incident within 48 hours of that requirement being made.
(5)
A written notice must be in a form, or contain the details, approved by the regulator.
(6)
If the regulator receives a notice by telephone and a written notice is not required, the regulator must give the person conducting the business or undertaking—
(a)
details of the information received; or
(b)
an acknowledgement of receiving the notice.
(7)
A person conducting a business or undertaking must keep a record of each notifiable incident for at least 5 years from the day that notice of the incident is given to the regulator under this section.
Maximum penalty:
(a)
in the case of an individual—$5 000;
(b)
in the case of a body corporate—$25 000.

39Duty to preserve incident sites

(1)
The person with management or control of a workplace at which a notifiable incident has occurred must ensure so far as is reasonably practicable, that the site where the incident occurred is not disturbed until an inspector arrives at the site or any earlier time that an inspector directs.
Maximum penalty:
(a)
in the case of an individual—$10 000;
(b)
in the case of a body corporate—$50 000.
(2)
In subsection (1) a reference to a site includes any plant, substance, structure or thing associated with the notifiable incident.
(3)
Subsection (1) does not prevent any action—
(a)
to assist an injured person; or
(b)
to remove a deceased person; or
(c)
that is essential to make the site safe or to minimise the risk of a further notifiable incident; or
(d)
that is associated with a police investigation; or
(e)
for which an inspector or the regulator has given permission.

Part 4Authorisations40Meaning of authorised

In this Part—
authorised means authorised by a licence, permit, registration or other authority (however described) as required by the regulations.

41Requirements for authorisation of workplaces

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)
in the case of an individual—$50 000;
(b)
in the case of a body corporate—$250 000.

42Requirements for authorisation of plant or substance

(1)
A person must not use plant or a substance at a workplace if—
1. (a)
  the regulations require the plant or substance or its design to be authorised; and
2. (b)
  the plant or substance or its design is not authorised in accordance with the regulations.

Maximum penalty:
(a)
in the case of an individual—$20 000;
(b)
in the case of a body corporate—$100 000.

(2)
A person who conducts a business or undertaking must not direct or allow a worker to use the plant or substance at a workplace if—
1. (a)
  the regulations require the plant or substance or its design to be authorised; and
2. (b)
  the plant or substance or its design is not authorised in accordance with the regulations.

Maximum penalty:
(a)
in the case of an individual—$20 000;
(b)
in the case of a body corporate—$100 000.

43Requirements for authorisation of work

(1)
A person must not carry out work at a workplace if—
(a)
the regulations require the work, or class of work, to be carried out by, or on behalf of, a person who is authorised; and
(b)
the person, or the person on whose behalf the work is carried out, is not authorised in accordance with the regulations.
Maximum penalty:
(a)
in the case of an individual—$20 000;
(b)
in the case of a body corporate—$100 000.
(2)
A person who conducts a business or undertaking must not direct or allow a worker to carry out work at a workplace if—
(a)
the regulations require the work, or class of work, to be carried out by, or on behalf of, a person who is authorised; and
(b)
the person, or the person on whose behalf the work is to be carried out, is not authorised in accordance with the regulations.
Maximum penalty:
(a)
in the case of an individual—$20 000;
(b)
in the case of a body corporate—$100 000.

44Requirements for prescribed qualifications or experience

(1)
A person must not carry out work at a workplace if—
1. (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
2. (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)
in the case of an individual—$20 000;
(b)
in the case of a body corporate—$100 000.

(2)
A person who conducts a business or undertaking must not direct or allow a worker to carry out work at a workplace if—
1. (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
2. (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)
in the case of an individual—$20 000;

(b)
in the case of a body corporate—$100 000.

45Requirement to comply with conditions of authorisation

A person must comply with the conditions of any authorisation given to that person under the regulations.
Maximum penalty:
(a)
in the case of an individual—$20 000;
(b)
in the case of a body corporate—$100 000.

Part 5Consultation, representation and participation

Division 1Consultation, co‑operation and co‑ordination between duty holders46Duty to consult with other duty holders

If more than one person has a duty in respect of 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)
in the case of an individual—$20 000;
(b)
in the case of a body corporate—$100 000.

Division 2Consultation with workers47Duty to consult workers

(1)
The person conducting a business or undertaking must, so far as is reasonably practicable, consult, in accordance with this Division and the regulations, with workers who carry out work for the business or undertaking who are, or are likely to be, directly affected by a matter relating to work health or safety.
Maximum penalty:
(a)
in the case of an individual—$20 000;
(b)
in the case of a body corporate—$100 000.
(2)
If the person conducting the business or undertaking and the workers have agreed to procedures for consultation, the consultation must be in accordance with those procedures.
(3)
The agreed procedures must not be inconsistent with section 48.

48Nature of consultation

(1)
Consultation under this Division requires—
(a)
that relevant information about the matter is shared with workers; and
(b)
that workers be given a reasonable opportunity—
(i)
to express their views and to raise work health or safety issues in relation to the matter; and
(ii)
to contribute to the decision-making process relating to the matter; and
(c)
that the views of workers are taken into account by the person conducting the business or undertaking; and
(d)
that the workers consulted are advised of the outcome of the consultation in a timely manner.
(2)
If the workers are represented by a health and safety representative, the consultation must involve that representative.

49When consultation is required

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.

Division 3Health and safety representatives

Subdivision 1Request for election of health and safety representatives

50Request for election of health and safety representative

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.

Subdivision 2Determination of work groups51Determination of work groups

(1)
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.
(2)
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.
(3)
A work group may be determined for workers at one or more workplaces.

52Negotiations for agreement for work group

(1)
A work group is to be determined by negotiation and agreement between—
(a)
the person conducting the business or undertaking; and
(b)
the workers who will form the work group or their representatives.
(2)
The person conducting the business or undertaking must take all reasonable steps to commence negotiations with the workers within 14 days after a request is made under section 50.
(3)
The purpose of the negotiations is to determine—
(a)
the number and composition of work groups to be represented by health and safety representatives; and
(b)
the number of health and safety representatives and deputy health and safety representatives (if any) to be elected; and
(c)
the workplace or workplaces to which the work groups will apply.
(4)
The parties to an agreement concerning the determination of a work group or groups may, at any time, negotiate a variation of the agreement.
(5)
The person conducting the business or undertaking must, if asked by a worker, negotiate with the worker's representative in negotiations under this section (including negotiations for a variation of an agreement) and must not exclude the representative from those negotiations.
Maximum penalty:
(a)
in the case of an individual—$10 000;
(b)
in the case of a body corporate—$50 000.
(6)
The regulations may prescribe the matters that must be taken into account in negotiations for and determination of work groups and variations of agreements concerning work groups.

53Notice to workers

(1)
The person conducting a business or undertaking involved in negotiations to determine a work group must, as soon as practicable after the negotiations are completed, notify the workers of the outcome of the negotiations and of any work groups determined by agreement.
Maximum penalty:
(a)
in the case of an individual—$2 000;
(b)
in the case of a body corporate—$10 000.
(2)
The person conducting a business or undertaking involved in negotiations for the variation of an agreement concerning the determination of a work group or groups must, as soon as practicable after the negotiations are completed, notify the workers of the outcome of the negotiations and of the variation (if any) to the agreement.
Maximum penalty:
(a)
in the case of an individual—$2 000;
(b)
in the case of a body corporate—$10 000.

54Failure of negotiations

(1)
If there is a failure of negotiations (including negotiations concerning the variation of an agreement), any person who is or would be a party to the negotiations may ask the regulator to appoint an inspector for the purposes of this section.
(2)
An inspector appointed under subsection (1) may decide—
(a)
the matters referred to in section 52(3), or any of those matters which is the subject of the proposed variation (as the case requires); or
(b)
that work groups should not be determined or that the agreement should not be varied (as the case requires).
(3)
For the purposes of this section, there is a failure of negotiations if—
(a)
the person conducting the business or undertaking has not taken all reasonable steps to commence negotiations with the workers and negotiations have not commenced within 14 days after—
(i)
a request is made under section 50; or
(ii)
a party to the agreement requests the variation of the agreement; or
(b)
agreement cannot be reached on a matter relating to the determination of a work group (or the variation of an agreement concerning a work group) within a reasonable time after negotiations commence.
(4)
A decision under this section is taken to be an agreement under section 52.

Subdivision 3Multiple-business work groups

55Determination of work groups of multiple businesses

(1)
Work groups may be determined for workers carrying out work for two or more persons conducting businesses or undertakings at one or more workplaces.
(2)
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.
(3)
The parties to an agreement concerning the determination of a work group or groups may, at any time, negotiate a variation of the agreement.
(4)
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.

56Negotiation of agreement for work groups of multiple businesses

(1)
Negotiations concerning work groups under this Subdivision must be directed only at the following:
1. (a)
  the number and composition of work groups to be represented by health and safety representatives;
2. (b)
  the number of health and safety representatives and deputy health and safety representatives (if any) for each work group;
3. (c)
  the workplace or workplaces to which the work groups will apply;
4. (d)
  the businesses or undertakings to which the work groups will apply.
(2)
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)
in the case of an individual—$10 000;
(b)
in the case of a body corporate—$50 000.

(3)
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.
(4)
The regulations may prescribe the matters that must be taken into account in negotiations for and determination of work groups and variations of agreements.

57Notice to workers

(1)
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)
in the case of an individual—$2 000;
(b)
in the case of a body corporate—$10 000.
(2)
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)
in the case of an individual—$2 000;
(b)
in the case of a body corporate—$10 000.

58Withdrawal from negotiations or agreement involving multiple businesses

(1)
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.
(2)
If a party withdraws from an agreement concerning a work group under this Subdivision—
1. (a)
  the other parties must negotiate a variation to the agreement in accordance with section 56; and
2. (b)
  the withdrawal does not affect the validity of the agreement between the other parties in the meantime.

59Effect of Subdivision on other arrangements

To avoid doubt, nothing in this Subdivision affects the capacity of two 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.

Subdivision 4Election of health and safety representatives60Eligibility to be elected

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.

61Procedure for election of health and safety representatives

(1)
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.
(2)
However, an election must comply with the procedures (if any) prescribed by the regulations.
(3)
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.
(4)
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)
in the case of an individual—$10 000;
(b)
in the case of a body corporate—$50 000.

62Eligibility to vote

(1)
A health and safety representative for a work group is to be elected by members of that work group.
(2)
All workers in a work group are entitled to vote for the election of a health and safety representative for that work group.

63When election not required

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.

64Term of office of health and safety representative

(1)
A health and safety representative for a work group holds office for 3 years.
(2)
However a person ceases to hold office as a health and safety representative for a work group if—
1. (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
2. (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
3. (c)
  the person is disqualified under section 65 from acting as a health and safety representative; or
4. (d)
  the person is removed from that position by a majority of the members of the work group in accordance with the regulations.
(3)
A health and safety representative is eligible for re‑election.

65Disqualification of health and safety representatives

(1)
An application may be made to SAET to disqualify a health and safety representative on the ground that the representative has—
1. (a)
  exercised a power or performed a function as a health and safety representative for an improper purpose; or
2. (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.
(2)
The following persons may make an application under this section:
1. (a)
  any person adversely affected by—
  1. (i)
    the exercise of a power or the performance of a function referred to in subsection (1)(a); or
  2. (ii)
    the use or disclosure of information referred to in subsection (1)(b);
2. (b)
  the regulator.
(3)
If SAET is satisfied that a ground in subsection (1) is made out, SAET may disqualify the health and safety representative for a specified period or indefinitely.

66Immunity of health and safety representatives

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.

67Deputy health and safety representatives

(1)
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.
(2)
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.
(3)
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.

Subdivision 5Powers and functions of health and safety representatives68Powers and functions of health and safety representatives

(1)
The powers and functions of a health and safety representative for a work group are—
1. (a)
  to represent the workers in the work group in matters relating to work health and safety; and
2. (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
3. (c)
  to investigate complaints from members of the work group relating to work health and safety; and
4. (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.
(2)
In exercising a power or performing a function, the health and safety representative may—
1. (a)
  inspect the workplace or any part of the workplace at which a worker in the work group works—
  1. (i)
    at any time after giving reasonable notice to the person conducting the business or undertaking at that workplace; and
  2. (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
2. (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
3. (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—
  1. (i)
    an inspector; or
  2. (ii)
    the person conducting the business or undertaking at that workplace or the person's representative; and
4. (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—
  1. (i)
    an inspector; or
  2. (ii)
    the person conducting the business or undertaking at that workplace or the person's representative; and
5. (e)
  request the establishment of a health and safety committee; and
6. (f)
  receive information concerning the work health and safety of workers in the work group; and
7. (g)
  whenever necessary, request the assistance of any person.
Note—
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.
(3)
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—
1. (a)
  does not identify the worker; and
2. (b)
  could not reasonably be expected to lead to the identification of the worker.
(5)
Nothing in this Act imposes or is taken to impose a duty on a health and safety representative in that capacity.

69Powers and functions generally limited to the particular work group

(1)
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.
(2)
Subsection (1) does not apply if—
1. (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
2. (b)
  a member of another work group asks for the representative's assistance,

(4)
Despite a preceding subclause, if—
(a)
a supplier carries out any calculations, analysis, testing or examination in connection with the performance of a duty under the repealed Act (as taken to be in operation under subclause (2)(d)); and
(b)
the supplier would, if the calculations, analysis, testing or examination were carried out under this Act, be subject to a requirement set out in section 25(4)(b) or (5) of this Act,
then the supplier must comply with those requirements as if that section applied in relation to the plant, substance or structure.
17—Duties of persons who install, construct or commission plant or structures
(1)
In this clause—
designated person means a person who conducts a business or undertaking that installs, constructs or commissions plant or a structure.
(2)
Subject to this clause, the duties imposed on a designated person under section 26 of this Act do not apply to or in relation to the installation, construction or commissioning of any plant or structure if the designated person commenced (or commenced and completed) any process associated with the installation, construction or commissioning of the plant or structure before the relevant day.
(3)
If a designated person commenced any process associated with the installation, construction or commissioning of any plant or structure before the relevant day but had not completed the installation, construction or commissioning by the second anniversary of the relevant day, then the designated person will, in relation to the installation, construction or commissioning of the plant or structure, cease to have the benefit of subclause (2) and the designated person must comply with the requirements of the Act in relation to the duties of a designated person (as if this Act had been in operation at the time that the designated person commenced this process).

18—Appointments

(1)
On the relevant day—
(a)
a person holding office as an inspector under the repealed Act will be taken to have been appointed as an inspector under this Act; and
(b)
a person holding office as a health and safety representative or deputy health and safety representative under the repealed Act will be taken to hold the corresponding office under this Act (with a term of office corresponding to the balance of his or her term of office under the repealed Act); and
(c)
a health and safety committee established under the repealed Act will be taken to be a health and safety committee under this Act (with the membership as constituted under the repealed Act).
(2)
An identity card held by an inspector under or for the purposes of the repealed Act immediately before the relevant day will be taken to be an identity card furnished by the regulator under section 157 of this Act (and to comply with the requirements of section 157(1) in all respects).
(3)
If a process or proceeding—
(a)
to appoint a health and safety representative or deputy health and safety representative; or
(b)
to establish or constitute a health and safety committee,
has been commenced (but not completed) under the repealed Act before the relevant day (including so as to constitute a work group), the process or proceeding (and any flow‑on process or proceeding) may be completed under the repealed Act as if the repealed Act were still in operation and will then have effect for the purposes of this Act.
(4)
Subclause (3)(a) will cease to apply at the expiration of 3 months after the relevant day (and any process or proceeding not completed after that period will need to be recommenced under this Act).

19—Training

(1)
A person who has completed a course of training approved for the purposes of section 31A of the repealed Act will be taken to have completed any training required under section 85(6) or 90(4) of this Act.
(2)
Subclause (1) will cease to apply at the expiration of 12 months after the relevant day (and any relevant course of training under the repealed Act will then cease to have effect for the purposes of this Act).

20—Members of committees

On the relevant day—
(a)
a person holding office as a member of the SafeWork SA Advisory Committee under the repealed Act will be taken to be a member of the SafeWork SA Advisory Council under this Act and, subject to clause 3(2) or (3) of Schedule 2, will hold office for the balance of his or her term of office under the repealed Act (and will then be eligible for reappointment under this Act); and
(b)
a person holding office as a member of the Mining and Quarrying Occupational Health and Safety Committee under the repealed Act will, subject to clause 12(6) of Schedule 2, continue to hold office for the balance of his or her term of office under the repealed Act (and will then be eligible for reappointment under this Act).

21—Functions and powers of inspectors

(1)
An inspector may, on or after the relevant day, perform a function or exercise a power under this Act in relation to anything arising under or relevant to the repealed Act before the relevant day (and this Act will apply in relation to the performance or exercise of such a function or power as if a reference to this Act included a reference to the repealed Act).
(2)
Without limiting subclause (1)—
(a)
a reference in this Act to a contravention of this Act will be taken to include a reference to a contravention of the repealed Act; and
(b)
a reference in this Act to an offence against this Act will be taken to include a reference to an offence against the repealed Act.
(3)
Any action taken or information acquired under this Act (including on account of the operation of this clause) may be used for the purposes of the repealed Act (insofar as it may be relevant to an act, omission or circumstance occurring before the relevant day).
(4)
Nothing in this clause affects or limits any action that may be taken under or with respect to the repealed Act by virtue of the operation of any other Act or law.

22—Disqualifications

A disqualification under section 30(4), (5), (6), (7) and (8) of the repealed Act (including a disqualification made by a review committee after the commencement of this Act) will have effect for the purposes of section 60 of this Act as if it were a disqualification under section 65.

23—Codes of practice

(1)
A prescribed code of practice will be taken to be an approved code of practice under this Act (without the need to take any other step or to publish any notice under section 274).
(2)
A prescribed code of practice under subclause (1) may be varied or revoked by the Minister in accordance with section 274 after the commencement of this clause.
(3)
In this clause—
prescribed code of practice means an approved code of practice in force under section 63 of the repealed Act immediately before the relevant day brought within the ambit of this clause by the regulations.

24—Authorisations

(1)
A registration, licence, permit, accreditation or other form of authorisation under a designated Act of a class prescribed by the regulations for the purposes of this clause will take and have effect under this Act in the manner prescribed by the regulations (and, to the extent prescribed by the regulations, will be taken to be a registration, licence, permit, accreditation or other form of registration under this Act).
(2)
In this clause—
designated Act means—
(a)
the repealed Act; or
(b)
the Dangerous Substances Act 1979.

25—Exemptions

(1)
Subject to this clause, an exemption in force under section 67 of the repealed Act immediately before the relevant day will continue in force for the purposes of this Act, or a corresponding provision of this Act, to an extent that corresponds to the extent of the exemption under the repealed Act.
(2)
An exemption under subclause (1)—
(a)
may be—
(i)
modified from time to time as the Minister thinks fit; and
(ii)
revoked at any time by the Minister; and
(b)
unless sooner revoked, will expire on the first anniversary of the relevant day.
25A—Prosecutions under Occupational Health, Safety and Welfare Act 1986
(1)
The Minister may, by instrument in writing, if he or she considers that it is in the interests of justice to do so, extend a time limit that applies under section 58(6)(b) of the repealed Act in order to allow proceedings to be brought against a person for an offence against the repealed Act in a case where proceedings previously commenced (or purportedly commenced) against the person for the offence have been withdrawn, discharged, dismissed or otherwise brought to an end because the person who brought (or purported to bring) the proceedings was not authorised to do so under section 58(7) of the repealed Act.
(2)
In conjunction with the operation of subclause (1)—
(a)
an extension under that subclause may be authorised even though the time limit for commencing proceedings under the repealed Act has passed; and
(b)
proceedings may be commenced against a person on account of an extension under that subclause even though the person has already been the subject of proceedings (or purported proceedings) under the repealed Act with respect to the same matter (being proceedings (or purported proceedings) that have been withdrawn, discharged, dismissed or otherwise brought to an end before new proceedings are commenced on account of the extension).
(3)
An apparently genuine document purporting to be signed by the Minister and to be an extension of a time limit applying under section 58(6)(b) of the repealed Act will be accepted in legal proceedings, in the absence of proof to the contrary, as proof of an extension in a particular case.

26—Other provisions

(1)
The Governor may, by regulation, make additional provisions of a saving or transitional nature consequent on the enactment of this Act.
(2)
A provision of a regulation made under subclause (1) may, if the regulation so provides, take effect from the commencement of this Act or from a later day.
(3)
To the extent to which a provision takes effect under subclause (2) from a day earlier than the day of the regulation's publication in the Gazette, the provision does not operate to the disadvantage of a person by—
(a)
decreasing the person's rights; or
(b)
imposing liabilities on the person.
(4)
The Acts Interpretation Act 1915 will, except to the extent of any inconsistency with the provisions of this Schedule, apply to any amendment or repeal effected by this Act.

Legislative history

Notes

•
This version is comprised of the following:

Part 1	1.9.2024
Part 2	1.7.2024
Part 3	27.6.2013
Part 4	27.6.2013
Part 5	1.9.2024
Part 6	1.7.2017
Part 7	1.9.2024
Part 8	1.9.2024
Part 9	27.6.2013
Part 10	1.7.2017
Part 11	1.7.2024
Part 12	1.9.2024
Part 13	1.9.2024
Part 14	1.9.2024
Schedules	1.9.2024

•
Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.
•
Earlier versions of this Act (historical versions) are listed at the end of the legislative history.
•
For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or repealed by principal Act
The Work Health and Safety Act 2012 repealed the following:
Occupational Health, Safety and Welfare Act 1986
Legislation amended by principal Act
The Work Health and Safety Act 2012 amended the following:
Criminal Law (Sentencing) Act 1988
Dangerous Substances Act 1979
Environment Protection Act 1993
Mines and Works Inspection Act 1920
Tobacco Products Regulation Act 1997
Workers Rehabilitation and Compensation Act 1986
Principal Act and amendments
New entries appear in bold.
Year
No
Title
Assent
Commencement
2012
40
Work Health and Safety Act 2012
15.11.2012
1.1.2013: s 2
2013
24
Work Health and Safety (Self-Incrimination) Amendment Act 2013
27.6.2013
27.6.2013
2014
16
Return to Work Act 2014
6.11.2014
Sch 9 (cll 24, 26(1), (5) & 66)—2.2.2015; cll 25 & 26(2)—(4), (6)—(10)—1.7.2015 (Gazette 4.12.2014 p6610)
2015
6
Work Health and Safety (Prosecutions Under Repealed Act) Amendment Act 2015
21.5.2015
21.5.2015
2015
36
Statutes Amendment (Industrial Relations Consultative Council) Act 2015
5.11.2015
Pt 3 (ss 9—14)—19.11.2015 (Gazette 19.11.2015 p4976)
2016
63
Statutes Amendment (South Australian Employment Tribunal) Act 2016
8.12.2016
Pt 22 (ss 151—166)—1.7.2017 (Gazette 16.5.2017 p1221)
2017
18
Summary Procedure (Indictable Offences) Amendment Act 2017
14.6.2017
Sch 2 (cll 34 & 41)—5.3.2018 (Gazette 12.12.2017 p4961)
2017
46
Work Health and Safety (Representative Assistance) Amendment Act 2017
14.11.2017
14.2.2018: s 2
2019
25
Statutes Amendment and Repeal (Simplify) Act 2019
3.10.2019
Pt 53 (s 102)—3.10.2019: s 2(1)
2023
43
Work Health and Safety (Industrial Manslaughter) Amendment Act 2023
7.12.2023
7.12.2023 except ss 3 to 6, 7(1), 8 & 9—1.7.2024 (Gazette 7.3.2024 p372)
2024
2
Statutes Amendment (Industrial Relations Portfolio) Act 2024
29.2.2024
Pt 4 (ss 8 & 9)—28.3.2024 (Gazette 28.3.2024 p510)
2024
20
Work Health and Safety (Review Recommendations) Amendment Act 2024
13.6.2024
Pt 2 (ss 3 to 24) & Sch 1 (cll 2 to 6)—1.9.2024 (Gazette 22.8.2024 p2871)
Provisions amended
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in italics.
Provision
How varied
Commencement
Long title
amended under Legislation Revision and Publication Act 2002
27.6.2013
Pt 1
Pt 1 Div 1
s 2
omitted under Legislation Revision and Publication Act 2002
27.6.2013
Pt 1 Div 3
s 4
s 4(1)
s 4 redesignated as s 4(1) by 43/2023 s 3(2)
1.7.2024
advisory committee
inserted by 20/2024 s 3(1)
1.9.2024
Advisory Council
deleted by 36/2015 s 9(1)
19.11.2015
authorising authority
amended by 63/2016 s 151(1)
1.7.2017
Consultative Council
inserted by 36/2015 s 9(2)
19.11.2015
deleted by 20/2024 s 3(2)
1.9.2024
industrial magistrate
deleted by 63/2016 s 151(2)
1.7.2017
employer organisation
substituted by 20/2024 s 3(3)
1.9.2024
Executive Director
amended by 20/2024 s 3(4)
1.9.2024
industrial manslaughter offence
inserted by 43/2023 s 3(1)
1.7.2024
Industrial Registrar
deleted by 63/2016 s 151(3)
1.7.2017
IRC
deleted by 63/2016 s 151(4)
1.7.2017
representative
substituted by 20/2024 s 3(5)
1.9.2024
RTWSA
inserted by 16/2014 Sch 9 cl 24(1)
2.2.2015
SAET
inserted by 63/2016 s 151(5)
1.7.2017
WorkCover
deleted by 16/2014 Sch 9 cl 24(2)
2.2.2015
s 4(2)—(4)
inserted by 43/2023 s 3(2)
1.7.2024
Pt 1 Div 4
s 10
s 10(4)
inserted by 20/2024 s 4
1.9.2024
Pt 1 Div 5
inserted by 20/2024 s 5
1.9.2024
Pt 2
s 30A
inserted by 43/2023 s 4
1.7.2024
s 31
heading
amended by 43/2023 s 5(1)
1.7.2024
s 31(1)
amended by 43/2023 s 5(2)
1.7.2024
Pt 5
Pt 5 Div 3
s 65
s 65(1)
amended by 63/2016 s 152(1)
1.7.2017
s 65(3)
substituted by 63/2016 s 152(2)
1.7.2017
s 68
s 68(4)
amended by 36/2015 s 10
19.11.2015
deleted by 46/2017 s 4(1)
14.2.2018
s 68(6)
deleted by 46/2017 s 4(2)
14.2.2018
Pt 5 Div 6
s 85
s 85(2)
note inserted by 20/2024 s 6
1.9.2024
s 85A
inserted by 20/2024 s 7
1.9.2024
Pt 5 Div 7A
inserted by 20/2024 s 8
1.9.2024
Pt 6
s 112
s 112(1)
amended by 63/2016 s 153(1)
1.7.2017
s 112(2)
amended by 63/2016 s 153(2)
1.7.2017
s 112(3) and (5)
amended by 63/2016 s 153(3)
1.7.2017
s 114
s 114(2) and (3)
amended by 63/2016 s 154
1.7.2017
Pt 7
s 117
s 117(3)
amended by 2/2024 s 8
28.3.2024
s 117(4)
amended by 2/2024 s 8
28.3.2024
s 117(5)
amended by 2/2024 s 8
28.3.2024
s 117(6)
amended by 2/2024 s 8
28.3.2024
amended by 20/2024 s 9(1)—(3)
1.9.2024
s 118
s 118(1)
amended by 20/2024 s 10(1)
1.9.2024
s 118(1a)—(1c)
inserted by 20/2024 s 10(2)
1.9.2024
s 118(2)
amended by 20/2024 s 10(3)
1.9.2024
note inserted by 20/2024 s 10(4)
1.9.2024
s 143
amended by 20/2024 s 11(1)
1.9.2024
note inserted by 20/2024 s 11(2)
1.9.2024
Pt 8
s 152A
inserted by 20/2024 s 12
1.9.2024
Pt 9
s 172
amended by 24/2013 s 3(1), (2)
27.6.2013
Pt 10
s 215
s 215(1)
amended by 63/2016 s 155
1.7.2017
Pt 11
s 216
s 216(2)
substituted by 43/2023 s 6
1.7.2024
s 220
s 220(5)
deleted by 63/2016 s 156
1.7.2017
Pt 12
s 223
s 223(1a)
inserted by 20/2024 s 13
1.9.2024
s 229
s 229(1)
amended by 63/2016 s 157(1)
1.7.2017
s 229(3)—(6)
deleted by 63/2016 s 157(2)
1.7.2017
Pt 13
s 230
s 230(3a)
inserted by 63/2016 s 158(1)
1.7.2017
s 230(4)
amended by 63/2016 s 158(2)
1.7.2017
s 230(5)
substituted by 63/2016 s 158(3)
1.7.2017
s 230(6)
amended by 43/2023 s 7(1)
1.7.2024
s 230(7)
substituted by 63/2016 s 158(4)
1.7.2017
amended by 18/2017 Sch 2 cl 34
5.3.2018
amended by 43/2023 s 7(2)
7.12.2023
s 230(8)
substituted by 63/2016 s 158(4)
1.7.2017
s 230(10)—(12)
inserted by 43/2023 s 7(3)
7.12.2023
s 231
s 231(1)
amended by 43/2023 s 8(1)
1.7.2024
substituted by 20/2024 s 14(1)
1.9.2024
s 231(1a) and (1b)
inserted by 20/2024 s 14(1)
1.9.2024
s 231(2)
amended by 20/2024 s 14(2)
1.9.2024
s 231(2a)
inserted by 20/2024 s 14(3)
1.9.2024
s 231(3)
amended by 43/2023 s 8(2)
1.7.2024
amended by 20/2024 s 14(4)
1.9.2024
s 232
s 232(1)
amended by 20/2024 s 15
1.9.2024
s 232(3)
inserted by 43/2023 s 9
1.7.2024
s 254
s 254(1)
amended by 20/2024 s 16(1), (2)
1.9.2024
s 255
amended by 63/2016 s 159
1.7.2017
s 258
amended by 63/2016 s 160
1.7.2017
s 259
s 259(1)
amended by 63/2016 s 161
1.7.2017
s 260
amended by 20/2024 s 17
1.9.2024
s 260A
inserted by 20/2024 s 18
1.9.2024
s 262
amended by 63/2016 s 162
1.7.2017
amended by 20/2024 s 19(1)
1.9.2024
s 262(1)
s 262 redesignated as s 262(1) by 20/2024 s 19(2)
1.9.2024
s 262(2)
inserted by 20/2024 s 19(2)
1.9.2024
s 263
amended by 63/2016 s 163
1.7.2017
Pt 14
s 271A
inserted by 20/2024 s 20
1.9.2024
ss 272A and 272B
inserted by 20/2024 s 21
1.9.2024
s 274
s 274(2)
amended by 36/2015 s 11(1)
19.11.2015
amended by 20/2024 s 22
1.9.2024
s 274(3)
substituted by 36/2015 s 11(2)
19.11.2015
amended by 20/2024 s 22
1.9.2024
s 274(3a)
inserted by 36/2015 s 11(2)
19.11.2015
amended by 20/2024 s 22
1.9.2024
s 274(6)
amended by 25/2019 s 102
3.10.2019
s 277
s 277(2)
amended by 2/2024 s 9
28.3.2024
Sch 2
Pt 1
deleted by 36/2015 s 12(1)
19.11.2015
Pt 2
cl 12
cl 12(2)
amended by 36/2015 s 12(2)
19.11.2015
amended by 20/2024 s 23(1)
1.9.2024
cl 12(17)
amended by 20/2024 s 23(2)
1.9.2024
cl 13
cl 13(1)
amended by 16/2014 Sch 9 cl 25
1.7.2015
cl 13(6)
amended by 36/2015 s 12(3)
19.11.2015
Sch 3
cl 14
amended by 63/2016 s 164
1.7.2017
Sch 4
substituted by 63/2016 s 165
1.7.2017
Sch 5
cl 1
cl 1(1)
amended by 16/2014 Sch 9 cl 26(1)
2.2.2015
amended by 36/2015 s 13
19.11.2015
amended by 20/2024 s 24(1)
1.9.2024
cl 1(2)
amended by 16/2014 Sch 9 cl 26(2)
1.7.2015
cl 1(3)
substituted by 16/2014 Sch 9 cl 26(3)
1.7.2015
cl 2
cl 2(1)
amended by 16/2014 Sch 9 cl 26(4)
1.7.2015
cl 2(3)
amended by 16/2014 Sch 9 cl 26(5)
2.2.2015
amended by 16/2014 Sch 9 cl 26(4)
1.7.2015
cl 2(5)
amended by 16/2014 Sch 9 cl 26(5)
2.2.2015
cl 2(6)
amended by 16/2014 Sch 9 cl 26(5)
2.2.2015
amended by 16/2014 Sch 9 cl 26(4), (6), (7)
1.7.2015
cl 2(7)
amended by 16/2014 Sch 9 cl 26(8)
1.7.2015
cl 2(10)
amended by 16/2014 Sch 9 cl 26(5)
2.2.2015
cl 2(11)
amended by 16/2014 Sch 9 cl 26(5)
2.2.2015
amended by 16/2014 Sch 9 cl 26(4), (9)
1.7.2015
cl 2(12)
amended by 16/2014 Sch 9 cl 26(5)
2.2.2015
cl 3
deleted by 16/2014 Sch 9 cl 26(10)
1.7.2015
cl 3
inserted by 20/2024 s 24(2)
1.9.2024
Sch 6
Pts 1—8
omitted under Legislation Revision and Publication Act 2002
27.6.2013
Pt 9
cl 25A
inserted by 6/2015 s 3
21.5.2015
Transitional etc provisions associated with Act or amendments

Return to Work Act 2014, Sch 9 Div 10

66—Work health and safety administration costs

(1)
In this clause—
WHS Act means the Work Health and Safety Act 2012.
(2)
The prescribed percentage of the prescribed amount under Schedule 5, clause 2(7) and (8) of the WHS Act (as amended by this Act) for the 2015/2016 financial year must be at least equal to the total of the prescribed percentage of the prescribed amount under Schedule 5, clause 2(7) and (8) of the WHS Act for the 2014/2015 financial year and the amount payable under Schedule 5, clause 3 of the WHS Act for the 2014/2015 financial year (and if a regulation is not made under Schedule 5, clause 2(7) or (8) of the WHS Act (as amended by this Act) for the 2015/2016 financial year then the total amount described in this subclause will apply under that clause).

Statutes Amendment (Industrial Relations Consultative Council) Act 2015

14—Transitional provision

A member of the SafeWork SA Advisory Council established under the Work Health and Safety Act 2012 ceases to hold office on the commencement of this section.

Statutes Amendment (South Australian Employment Tribunal) Act 2016

166—Transitional provisions

(1)
In this section—
principal Act means the Work Health and Safety Act 2012;
relevant day means the day on which this Part comes into operation;
Tribunal means the South Australian Employment Tribunal.
(2)
A decision, direction or order of the Industrial Relations Court of South Australia or a review committee under the principal Act in force immediately before the relevant day will, on and from the relevant day, be taken to be a decision, direction or order of the Tribunal.
(3)
A right to make any application, or to seek a review, or lodge an appeal under the principal Act with respect to any matter in existence before the relevant day, with the effect that the relevant proceedings would have been commenced before the Industrial Relations Court of South Australia or a review committee, will be exercised as if this Part had been in operation before the right arose, so that the relevant proceedings may be commenced instead before the Tribunal.
(4)
Any proceedings before the Industrial Relations Court of South Australia or a review committee under the principal Act immediately before the relevant day will, subject to such directions as the President of the Tribunal thinks fit, be transferred to the Tribunal where they may proceed as if they had been commenced before the Tribunal.
(5)
The Tribunal may—
(a)
receive in evidence any transcript of evidence in proceedings before the Industrial Relations Court or a review committee, and draw any conclusions of fact from that evidence that appear proper; and
(b)
adopt any findings or determinations of the Industrial Relations Court or a review committee that may be relevant to proceedings before the Tribunal; and
(c)
adopt or make any decision (including a decision in the nature of a permission), direction or order in relation to proceedings before the Industrial Relations Court or a review committee before the relevant day (including so as to make a decision or give a permission, direction or order, in relation to proceedings fully heard before the relevant day); and
(d)
take other steps to promote or ensure the smoothest possible transition from 1 jurisdiction to another in connection with the operation of this section.

Summary Procedure (Indictable Offences) Amendment Act 2017, Sch 2 Pt 14

41—Transitional provision

The amendments made by this Act apply to proceedings relating to an offence that are commenced after the commencement of this Act, regardless of when the offence occurred (and the Acts amended by this Act, as in force before the commencement of this Act, continue to apply to proceedings that were commenced before the commencement of this Act).

Work Health and Safety (Industrial Manslaughter) Amendment Act 2023, Sch 1

1—Transitional and saving provisions

(1)
Section 230 of the Work Health and Safety Act 2012 (as amended by section 7(3) of this Act) will be taken to apply in relation to an information containing a charge of—
(a)
a major indictable offence against the Criminal Law Consolidation Act 1935 or any other Act; and
(b)
a summary or minor indictable offence against the Work Health and Safety Act 2012,
laid before the commencement of this clause (and to avoid doubt, section 6A(3) of the South Australian Employment Tribunal Act 2014 will be taken not to apply in relation to the offences referred to in paragraph (b)).
(2)
Despite section 230(7) of the Work Health and Safety Act 2012 (as in force immediately prior to the commencement of section 7(2) of this Act) committal proceedings for a minor indictable offence referred to in subclause (1)(b) may be conducted in the Magistrates Court in accordance with the Criminal Procedure Act 1921.

Work Health and Safety (Review Recommendations) Amendment Act 2024, Sch 1 Pt 2—Transitional provisions

2—Interpretation

In this Schedule—
principal Act means the Work Health and Safety Act 2012.

3—Notices under new Part 5 Division 7A

A notice may only be given to SAET under Part 5 Division 7A of the principal Act (as inserted by this Act) in respect of a WHS matter (within the meaning of that Division) arising after the commencement of that Division.

4—Applications to SAET under new section 260A

An application may only be made to SAET under section 260A of the principal Act (as inserted by this Act) in respect of an issue or alleged contravention occurring after the commencement of that section.

5—Executive Director

The person who was, immediately before the commencement of section 24(2) of this Act, the Executive Director under the principal Act will, on the commencement of that subsection, be taken to have been appointed as the Executive Director under Schedule 3 clause 3 of the principal Act (as in force after the commencement of section 24(2) of this Act) for the remainder of their term of office (and subject to the same terms and conditions of appointment).

6—Review

(1)
The Minister to whom administration of the principal Act is committed must cause a review of the amendments effected by this Act to be conducted.
(2)
The review must—
(a)
be commenced 2 years after the commencement of this clause and be completed within a period of 6 months; and
(b)
include an assessment of the following matters:
(i)
the extent to which amendments have contributed to improved health and safety of workers and workplaces;
(ii)
the extent to which there has been an improvement in communication between the regulator and parties affected by workplace incidents, including victims and their families;
(iii)
the extent to which dispute resolution processes have assisted in the settlement of disputes over health and safety issues;
(iv)
any other matter the Minister considers to be relevant to the review.
(3)
A report on the results of the review must be provided to the Minister and the Minister must—
(a)
cause a copy of the report to be laid before each House of Parliament within 12 sitting days after receiving the report; and
(b)
publish a copy of the report on a website determined by the Minister.

Historical versions

27.6.2013
2.2.2015
21.5.2015
1.7.2015
19.11.2015
1.7.2017
14.2.2018
5.3.2018
3.10.2019
7.12.2023
28.3.2024
1.7.2024

Year	No	Title	Assent	Commencement
2012	40	Work Health and Safety Act 2012	15.11.2012	1.1.2013: s 2
2013	24	Work Health and Safety (Self-Incrimination) Amendment Act 2013	27.6.2013	27.6.2013
2014	16	Return to Work Act 2014	6.11.2014	Sch 9 (cll 24, 26(1), (5) & 66)—2.2.2015; cll 25 & 26(2)—(4), (6)—(10)—1.7.2015 (Gazette 4.12.2014 p6610)
2015	6	Work Health and Safety (Prosecutions Under Repealed Act) Amendment Act 2015	21.5.2015	21.5.2015
2015	36	Statutes Amendment (Industrial Relations Consultative Council) Act 2015	5.11.2015	Pt 3 (ss 9—14)—19.11.2015 (Gazette 19.11.2015 p4976)
2016	63	Statutes Amendment (South Australian Employment Tribunal) Act 2016	8.12.2016	Pt 22 (ss 151—166)—1.7.2017 (Gazette 16.5.2017 p1221)
2017	18	Summary Procedure (Indictable Offences) Amendment Act 2017	14.6.2017	Sch 2 (cll 34 & 41)—5.3.2018 (Gazette 12.12.2017 p4961)
2017	46	Work Health and Safety (Representative Assistance) Amendment Act 2017	14.11.2017	14.2.2018: s 2
2019	25	Statutes Amendment and Repeal (Simplify) Act 2019	3.10.2019	Pt 53 (s 102)—3.10.2019: s 2(1)
2023	43	Work Health and Safety (Industrial Manslaughter) Amendment Act 2023	7.12.2023	7.12.2023 except ss 3 to 6, 7(1), 8 & 9—1.7.2024 (Gazette 7.3.2024 p372)
2024	2	Statutes Amendment (Industrial Relations Portfolio) Act 2024	29.2.2024	Pt 4 (ss 8 & 9)—28.3.2024 (Gazette 28.3.2024 p510)
2024	20	Work Health and Safety (Review Recommendations) Amendment Act 2024	13.6.2024	Pt 2 (ss 3 to 24) & Sch 1 (cll 2 to 6)—1.9.2024 (Gazette 22.8.2024 p2871)

Provision	How varied	Commencement
Long title	amended under Legislation Revision and Publication Act 2002	27.6.2013
Pt 1
Pt 1 Div 1
s 2	omitted under Legislation Revision and Publication Act 2002	27.6.2013
Pt 1 Div 3
s 4
s 4(1)	s 4 redesignated as s 4(1) by 43/2023 s 3(2)	1.7.2024
advisory committee	inserted by 20/2024 s 3(1)	1.9.2024
Advisory Council	deleted by 36/2015 s 9(1)	19.11.2015
authorising authority	amended by 63/2016 s 151(1)	1.7.2017
Consultative Council	inserted by 36/2015 s 9(2)	19.11.2015
deleted by 20/2024 s 3(2)	1.9.2024
industrial magistrate	deleted by 63/2016 s 151(2)	1.7.2017
employer organisation	substituted by 20/2024 s 3(3)	1.9.2024
Executive Director	amended by 20/2024 s 3(4)	1.9.2024
industrial manslaughter offence	inserted by 43/2023 s 3(1)	1.7.2024
Industrial Registrar	deleted by 63/2016 s 151(3)	1.7.2017
IRC	deleted by 63/2016 s 151(4)	1.7.2017
representative	substituted by 20/2024 s 3(5)	1.9.2024
RTWSA	inserted by 16/2014 Sch 9 cl 24(1)	2.2.2015
SAET	inserted by 63/2016 s 151(5)	1.7.2017
WorkCover	deleted by 16/2014 Sch 9 cl 24(2)	2.2.2015
s 4(2)—(4)	inserted by 43/2023 s 3(2)	1.7.2024
Pt 1 Div 4
s 10
s 10(4)	inserted by 20/2024 s 4	1.9.2024
Pt 1 Div 5	inserted by 20/2024 s 5	1.9.2024
Pt 2
s 30A	inserted by 43/2023 s 4	1.7.2024
s 31
heading	amended by 43/2023 s 5(1)	1.7.2024
s 31(1)	amended by 43/2023 s 5(2)	1.7.2024
Pt 5
Pt 5 Div 3
s 65
s 65(1)	amended by 63/2016 s 152(1)	1.7.2017
s 65(3)	substituted by 63/2016 s 152(2)	1.7.2017
s 68
s 68(4)	amended by 36/2015 s 10	19.11.2015
deleted by 46/2017 s 4(1)	14.2.2018
s 68(6)	deleted by 46/2017 s 4(2)	14.2.2018
Pt 5 Div 6
s 85
s 85(2)	note inserted by 20/2024 s 6	1.9.2024
s 85A	inserted by 20/2024 s 7	1.9.2024
Pt 5 Div 7A	inserted by 20/2024 s 8	1.9.2024
Pt 6
s 112
s 112(1)	amended by 63/2016 s 153(1)	1.7.2017
s 112(2)	amended by 63/2016 s 153(2)	1.7.2017
s 112(3) and (5)	amended by 63/2016 s 153(3)	1.7.2017
s 114
s 114(2) and (3)	amended by 63/2016 s 154	1.7.2017
Pt 7
s 117
s 117(3)	amended by 2/2024 s 8	28.3.2024
s 117(4)	amended by 2/2024 s 8	28.3.2024
s 117(5)	amended by 2/2024 s 8	28.3.2024
s 117(6)	amended by 2/2024 s 8	28.3.2024
amended by 20/2024 s 9(1)—(3)	1.9.2024
s 118
s 118(1)	amended by 20/2024 s 10(1)	1.9.2024
s 118(1a)—(1c)	inserted by 20/2024 s 10(2)	1.9.2024
s 118(2)	amended by 20/2024 s 10(3)	1.9.2024
note inserted by 20/2024 s 10(4)	1.9.2024
s 143	amended by 20/2024 s 11(1)	1.9.2024
note inserted by 20/2024 s 11(2)	1.9.2024
Pt 8
s 152A	inserted by 20/2024 s 12	1.9.2024
Pt 9
s 172	amended by 24/2013 s 3(1), (2)	27.6.2013
Pt 10
s 215
s 215(1)	amended by 63/2016 s 155	1.7.2017
Pt 11
s 216
s 216(2)	substituted by 43/2023 s 6	1.7.2024
s 220
s 220(5)	deleted by 63/2016 s 156	1.7.2017
Pt 12
s 223
s 223(1a)	inserted by 20/2024 s 13	1.9.2024
s 229
s 229(1)	amended by 63/2016 s 157(1)	1.7.2017
s 229(3)—(6)	deleted by 63/2016 s 157(2)	1.7.2017
Pt 13
s 230
s 230(3a)	inserted by 63/2016 s 158(1)	1.7.2017
s 230(4)	amended by 63/2016 s 158(2)	1.7.2017
s 230(5)	substituted by 63/2016 s 158(3)	1.7.2017
s 230(6)	amended by 43/2023 s 7(1)	1.7.2024
s 230(7)	substituted by 63/2016 s 158(4)	1.7.2017
amended by 18/2017 Sch 2 cl 34	5.3.2018
amended by 43/2023 s 7(2)	7.12.2023
s 230(8)	substituted by 63/2016 s 158(4)	1.7.2017
s 230(10)—(12)	inserted by 43/2023 s 7(3)	7.12.2023
s 231
s 231(1)	amended by 43/2023 s 8(1)	1.7.2024
substituted by 20/2024 s 14(1)	1.9.2024
s 231(1a) and (1b)	inserted by 20/2024 s 14(1)	1.9.2024
s 231(2)	amended by 20/2024 s 14(2)	1.9.2024
s 231(2a)	inserted by 20/2024 s 14(3)	1.9.2024
s 231(3)	amended by 43/2023 s 8(2)	1.7.2024
amended by 20/2024 s 14(4)	1.9.2024
s 232
s 232(1)	amended by 20/2024 s 15	1.9.2024
s 232(3)	inserted by 43/2023 s 9	1.7.2024
s 254
s 254(1)	amended by 20/2024 s 16(1), (2)	1.9.2024
s 255	amended by 63/2016 s 159	1.7.2017
s 258	amended by 63/2016 s 160	1.7.2017
s 259
s 259(1)	amended by 63/2016 s 161	1.7.2017
s 260	amended by 20/2024 s 17	1.9.2024
s 260A	inserted by 20/2024 s 18	1.9.2024
s 262	amended by 63/2016 s 162	1.7.2017
amended by 20/2024 s 19(1)	1.9.2024
s 262(1)	s 262 redesignated as s 262(1) by 20/2024 s 19(2)	1.9.2024
s 262(2)	inserted by 20/2024 s 19(2)	1.9.2024
s 263	amended by 63/2016 s 163	1.7.2017
Pt 14
s 271A	inserted by 20/2024 s 20	1.9.2024
ss 272A and 272B	inserted by 20/2024 s 21	1.9.2024
s 274
s 274(2)	amended by 36/2015 s 11(1)	19.11.2015
amended by 20/2024 s 22	1.9.2024
s 274(3)	substituted by 36/2015 s 11(2)	19.11.2015
amended by 20/2024 s 22	1.9.2024
s 274(3a)	inserted by 36/2015 s 11(2)	19.11.2015
amended by 20/2024 s 22	1.9.2024
s 274(6)	amended by 25/2019 s 102	3.10.2019
s 277
s 277(2)	amended by 2/2024 s 9	28.3.2024
Sch 2
Pt 1	deleted by 36/2015 s 12(1)	19.11.2015
Pt 2
cl 12
cl 12(2)	amended by 36/2015 s 12(2)	19.11.2015
amended by 20/2024 s 23(1)	1.9.2024
cl 12(17)	amended by 20/2024 s 23(2)	1.9.2024
cl 13
cl 13(1)	amended by 16/2014 Sch 9 cl 25	1.7.2015
cl 13(6)	amended by 36/2015 s 12(3)	19.11.2015
Sch 3
cl 14	amended by 63/2016 s 164	1.7.2017
Sch 4	substituted by 63/2016 s 165	1.7.2017
Sch 5
cl 1
cl 1(1)	amended by 16/2014 Sch 9 cl 26(1)	2.2.2015
amended by 36/2015 s 13	19.11.2015
amended by 20/2024 s 24(1)	1.9.2024
cl 1(2)	amended by 16/2014 Sch 9 cl 26(2)	1.7.2015
cl 1(3)	substituted by 16/2014 Sch 9 cl 26(3)	1.7.2015
cl 2
cl 2(1)	amended by 16/2014 Sch 9 cl 26(4)	1.7.2015
cl 2(3)	amended by 16/2014 Sch 9 cl 26(5)	2.2.2015
amended by 16/2014 Sch 9 cl 26(4)	1.7.2015
cl 2(5)	amended by 16/2014 Sch 9 cl 26(5)	2.2.2015
cl 2(6)	amended by 16/2014 Sch 9 cl 26(5)	2.2.2015
amended by 16/2014 Sch 9 cl 26(4), (6), (7)	1.7.2015
cl 2(7)	amended by 16/2014 Sch 9 cl 26(8)	1.7.2015
cl 2(10)	amended by 16/2014 Sch 9 cl 26(5)	2.2.2015
cl 2(11)	amended by 16/2014 Sch 9 cl 26(5)	2.2.2015
amended by 16/2014 Sch 9 cl 26(4), (9)	1.7.2015
cl 2(12)	amended by 16/2014 Sch 9 cl 26(5)	2.2.2015
cl 3	deleted by 16/2014 Sch 9 cl 26(10)	1.7.2015
cl 3	inserted by 20/2024 s 24(2)	1.9.2024
Sch 6
Pts 1—8	omitted under Legislation Revision and Publication Act 2002	27.6.2013
Pt 9
cl 25A	inserted by 6/2015 s 3	21.5.2015