Work Health and Safety Act 2012 (TAS)
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Work Health and Safety Act 2012
An Act to secure the health, safety and welfare of persons at work and for related purposes
[Royal Assent 18 April 2012]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
The principles will apply to duties under this Part and other Parts of this Act such as duties relating to incident notification and consultation. |
A self-employed person is also a person conducting a business or undertaking for the purposes of this section. |
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| Inspection, operation, cleaning, maintenance or repair of plant. |
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| Inspection, operation, cleaning, maintenance or repair of plant. |
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| Inspection, operation, cleaning, maintenance or repair of plant. |
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| Inspection, storage, operation, cleaning, maintenance or repair of plant. |
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| For the purposes of paragraph (e), the duties or obligations under this Act of a person conducting a business or undertaking may include the following: |
| - | 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. |
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| The written notice can be given by facsimile, email or other electronic means. |
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| 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. |
If a health and safety committee is not required to be established, other consultation procedures can be established for a workplace – see Division 2 of this Part. |
The issue resolution procedures in Division 5 of this Part can also be used to resolve an issue arising in relation to the cessation of work. |
Civil proceedings may be brought under Division 3 of this Part in relation to discriminatory conduct engaged in for a prohibited reason. |
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| Civil proceedings may be brought under Division 3 of this Part if a person requested, instructed, induced, encouraged, authorised or assisted another person to engage in discriminatory conduct for a prohibited reason. |
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| Civil proceedings may be brought under Division 3 of this Part in relation to a contravention of this section. |
1 | At least 24 hours notice is required for an entry to a workplace to inspect employee records or other documents held by someone other than a person conducting a business or undertaking. See section 120 . |
2 | The use or disclosure of personal information obtained under this section is regulated under the Privacy Act 1988 of the Commonwealth. |
The use or disclosure of personal information obtained under this section is regulated under the Privacy Act 1988 of the Commonwealth. |
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An inspector may enter residential premises to gain access to a workplace (see section 170(c) ). |
The magistrate may require additional information supporting the application to be given by statutory declaration. |
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| See section 172 and 173 in relation to self-incrimination and section 269 in relation to legal professional privilege. |
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| 1 | Sealing a thing and marking it to show access to it is restricted. |
| 2 | Sealing the entrance to a room where the seized thing is situated and marking it to show access to it is restricted. |
Section 230(3) requires the regulator to publish guidelines in relation to the acceptance of WHS undertakings. |
Section 222 specifies circumstances affecting proceedings for a contravention for which a WHS undertaking has been given. |
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1 | Section 54(2) (decision following failure to commence negotiations) | (1) | A worker whose interests are affected by the decision or his or her representative appointed for the purpose of section 52(1)(b) . |
(2) | A person conducting a business or undertaking whose interests are affected by the decision. | ||
(3) | A health and safety representative who represents a worker whose interests are affected by the decision. | ||
2 | Section 72(6) (decision in relation to training of health and safety representative) | (1) | A person conducting a business or undertaking whose interests are affected by the decision. |
(2) | A health and safety representative whose interests are affected by the decision. | ||
3 | Section 76(6) (decision relating to health and safety committee) | (1) | A worker whose interests are affected by the decision. |
(2) | A person conducting a business or undertaking whose interests are affected by the decision. | ||
(3) | A health and safety representative who represents a worker whose interests are affected by the decision. | ||
4 | Section 102 (decision on review of provisional improvement notice) | (1) | The person to whom the provisional improvement notice was issued. |
(2) | The health and safety representative who issued the provisional improvement notice. | ||
(3) | A worker whose interests are affected by the decision. | ||
(4) | A health and safety representative who represents a worker whose interests are affected by the decision. | ||
(5) | A person conducting a business or undertaking whose interests are affected by the decision. | ||
4A | Section 134 (decision of regulator to refuse to issue a WHS entry permit) | (1) | The relevant union. |
(2) | The person for whom the WHS entry permit was sought. | ||
4B | Section 140 (decision to revoke, suspend or take other action in relation to a WHS entry permit) | (1) | The relevant union. |
(2) | The person to whom the WHS entry permit was issued. | ||
5 | Section 179 (forfeiture of thing) | The person entitled to the thing. | |
6 | Section 180 (return of seized things) | The person entitled to the thing. | |
7 | Section 191 (issue of improvement notice) | (1) | The person to whom the notice was issued. |
(2) | A person conducting a business or undertaking whose interests are affected by the decision. | ||
(3) | A worker whose interests are affected by the decision. | ||
(4) | A health and safety representative who represents a worker whose interests are affected by the decision. | ||
8 | Section 194 (extension of time for compliance with improvement notice) | (1) | The person to whom the notice was issued. |
(2) | A person conducting a business or undertaking whose interests are affected by the decision. | ||
(3) | A worker whose interests are affected by the decision. | ||
(4) | A health and safety representative who represents a worker whose interests are affected by the decision. | ||
9 | Section 195 (issue of prohibition notice) | (1) | The person to whom the notice was issued. |
(2) | The person with management or control of the workplace, plant or substance. | ||
(3) | A person conducting a business or undertaking whose interests are affected by the decision. | ||
(4) | A worker whose interests are affected by the decision. | ||
(5) | A health and safety representative who represents a worker whose interests are affected by the decision. | ||
(6) | A health and safety representative who gave a direction under section 85 to cease work, that is relevant to the prohibition notice. | ||
10 | Section 198 (issue of a non-disturbance notice) | (1) | The person to whom the notice was issued. |
(2) | The person with management or control of the workplace. | ||
(3) | A person conducting a business or undertaking whose interests are affected by the decision. | ||
(4) | A worker whose interests are affected by the decision. | ||
(5) | A health and safety representative who represents a worker whose interests are affected by the decision. | ||
11 | Section 201 (issue of subsequent notice) | (1) | The person to whom the notice was issued. |
(2) | The person with management or control of the workplace. | ||
(3) | A person conducting a business or undertaking whose interests are affected by the decision. | ||
(4) | A worker whose interests are affected by the decision. | ||
(5) | A health and safety representative who represents a worker whose interests are affected by the decision. | ||
12 | Section 207 (decision of regulator to vary or cancel notice) | (1) | The person to whom the notice was issued. |
(2) | The person with management or control of the workplace. | ||
(3) | A person conducting a business or undertaking whose interests are affected by the decision. | ||
(4) | A worker whose interests are affected by the decision. | ||
(5) | A health and safety representative who represents a worker whose interests are affected by the decision. | ||
(6) | In the case of a prohibition notice, a health and safety representative whose direction under section 85 to cease work gave rise to the notice. | ||
13 | A prescribed provision of the regulations | A person prescribed by the regulations as eligible to apply for review of the reviewable decision. |
Decisions under the regulations that will be reviewable decisions will be set out in the regulations. |
An injunction may also be obtained under section 215 for noncompliance with a non-disturbance notice, improvement notice or prohibition notice. |
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| See section 18 for the meaning of |
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Work Health and Safety Act 2012 (TAS)
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