Work Health and Safety Regulation 2017 (NSW)

Does not include amendments by—

Work Health and Safety Amendment (Silica Worker Register) Regulation 2025 (417) (not commenced — to commence on 1.10.2025)

whole Regulation: Am 2020 No 10, Sch 3[1]–[5], respectively (“$6,000”, “$30,000”, “$18,000”, “$3,600”, “$1,250” omitted wherever occurring in the penalty provisions. “70 penalty units”, “345 penalty units”,“210 penalty units”, “40 penalty units”, “15 penalty units” inserted instead, respectively.

Chapter 1PreliminaryPart 1.1Introductory mattersNote.

The numbering of provisions of this Regulation closely corresponds to the same numbering of regulations in model regulations prepared for and approved by the Council of Australian Governments. To maximise uniformity between this Regulation and the model regulations, the numbers of some provisions in the model regulations that are not relevant have not been used in the numbering of provisions of this Regulation, unless required for provisions particular to the State.

Adoption of the numbering of the model regulations also results in alphanumeric numbering (for example, clauses 288A–288D and Schedule 18A) being used to insert further provisions particular to the State.

1Name of Regulation

This Regulation is the Work Health and Safety Regulation 2017.

2Commencement

This Regulation commences on 1 September 2017 and is required to be published on the NSW legislation website.

Note.

This Regulation replaces the Work Health and Safety Regulation 2011, which is repealed on 1 September 2017 under section 10(2) of the Subordinate Legislation Act 1989.

3Authorising provisions

* * * * *

Note.

The Model Work Health and Safety Regulations contain a provision dealing with authorising provisions of legislation.

4Repeal

The Regulations listed in Schedule 1 are repealed.

5Definitions(1)

In this Regulation—

abrasive blasting means propelling a stream of abrasive material at high speed against a surface using compressed air, liquid, steam, centrifugal wheels or paddles to clean, abrade, etch or otherwise change the original appearance or condition of the surface.

accredited assessor means—

• (a)

  a person who is accredited under Part 4.5 to conduct assessments, or

• (b)

  the regulator.

ADG Code means the Australian Code for the Transport of Dangerous Goods by Road and Rail, approved by the Transport and Infrastructure Council, as in force or remade from time to time. If that document is amended or remade, a reference in this Regulation to a provision of that document extends to the corresponding provision (if any) of the amended or remade document.

Note.

The ADG Code is accessible at control means a method of work, a process or a procedure designed to minimise risk, but does not include—

• (a)

  an engineering control, or

• (b)

  the use of personal protective equipment.

Agvet Code—see clause 328(7).

airborne contaminant means a contaminant in the form of a fume, mist, gas, vapour or dust, and includes micro-organisms.

amusement device means plant operated for hire or reward that provides entertainment, sightseeing or amusement through movement of the equipment, or part of the equipment, or when passengers or other users travel or move on, around or along the equipment, but does not include—

• (a)

  a miniature train and railway system owned and operated by a model railway society, club or association, or

• (b)

  a ride or device that is used as a form of transport and that is, in relation to its use for that purpose, regulated under another Act or an Act of the Commonwealth, or

• (c)

  a boat or flotation device—

  • (i)

    that is solely propelled by a person who is in or on the boat or device, and

  • (ii)

    that is not attached to any mechanical elements or equipment outside the boat or device, and that does not rely on any artificial flow of water to move, or

• (d)

  any plant specifically designed for a sporting, professional stunt, theatrical or acrobatic purpose or activity, or

• (e)

  a coin-operated or token-operated device that—

  • (i)

    is intended to be ridden, at the one time, by not more than 4 children who must be below the age of 10 years, and

  • (ii)

    is usually located in a shopping centre or similar public location, and

  • (iii)

    does not necessarily have an operator.

article means a manufactured item, other than a fluid or particle, that—

• (a)

  is formed into a particular shape or design during manufacture, and

• (b)

  has hazard properties and a function that are wholly or partly dependent on the shape or design.

asbestos-contaminated dust or debris (ACD) means dust or debris that has settled within a workplace and is, or is assumed to be, contaminated with asbestos.

asbestos management plan—see clause 429 or 432.

asbestos register—see clause 425.

asbestos-related work means work involving asbestos (other than asbestos removal work to which Part 8.7 applies) that is permitted under the exceptions set out in clause 419(3), (4) and (5).

asbestos removal licence means a Class A asbestos removal licence or a Class B asbestos removal licence.

asbestos removal work means—

• (a)

  work involving the removal of asbestos or ACM, or

• (b)

  in Part 8.10, Class A asbestos removal work or Class B asbestos removal work.

asbestos removalist means a person conducting a business or undertaking who carries out asbestos removal work.

asbestos waste means asbestos or ACM removed and disposable items used during asbestos removal work including plastic sheeting and disposable tools.

biological monitoring means—

• (a)

  the measurement and evaluation of a substance, or its metabolites, in the body tissue, fluids or exhaled air of a person exposed to the substance, or

• (b)

  blood lead level monitoring.

blood lead level means the concentration of lead in whole blood expressed in micromoles per litre (µmol/L) or micrograms per decilitre (µg/dL).

blood lead level monitoring means the testing of the venous or capillary blood of a person by a laboratory accredited by NATA, under the supervision of a registered medical practitioner, to determine the blood lead level.

boiler means—

• (a)

  a vessel, or an arrangement of vessels and interconnecting parts, in which steam or vapour is generated or in which water or other liquid is heated at a pressure above that of the atmosphere by the application of fire, the products of combustion, electrical power or similar high temperature means, and

• (b)

  the superheaters, reheaters, economisers, boiler piping, supports, mountings, valves, gauges, fittings, controls, boiler setting and other equipment directly associated with those vessels,

but does not include—

• (c)

  except in Schedules 3 and 4, a fully flooded or pressurised system where water or another liquid is heated to a temperature lower than the normal atmospheric boiling temperature of the liquid, or

• (d)

  for the purposes of Parts 5.2 and 5.3 and in Schedules 3 and 4, a boiler designed or manufactured to the following codes—

  • (i)

    AMBSC Part 1—Australian Miniature Boiler Safety Committee Code for Copper Boilers,

  • (ii)

    AMBSC Part 2—Australian Miniature Boiler Safety Committee Code for Steel Boilers,

  • (iii)

    AMBSC Part 3—Australian Miniature Boiler Safety Committee Code for Sub-Miniature Boilers,

  • (iv)

    AMBSC Part 4—Australian Miniature Boiler Safety Committee Code for Duplex Steel Boilers, or

• (e)

  in Schedules 3 and 4—

  • (i)

    a direct fired process heater, or

  • (ii)

    boilers with less than 5 square metres heating surface or 150 kilowatt output, or

  • (iii)

    unattended boilers certified in compliance with AS 2593–2004 (Boilers—Safety management and supervision systems).

boom-type elevating work platform means a telescoping device, hinged device, or articulated device, or any combination of these, used to support a platform on which personnel, equipment and materials may be elevated.

bridge crane means a crane that—

• (a)

  consists of a bridge beam or beams, that are mounted to end carriages at each end, and

• (b)

  is capable of travelling along elevated runways, and

• (c)

  has 1 or more hoisting mechanisms arranged to traverse across the bridge.

building maintenance equipment means a suspended platform and associated equipment, including a building maintenance unit or a swing stage, that incorporates permanently installed overhead supports to provide access to the faces of a building for maintenance, but does not include a suspended scaffold.

building maintenance unit means a power operated suspended platform and associated equipment on a building specifically designed to provide permanent access to the faces of the building for maintenance.

bulk, in relation to a hazardous chemical, means any quantity of a hazardous chemical that is—

• (a)

  in a container with a capacity exceeding 500 litres or net mass of more than 500 kilograms, or

• (b)

  if the hazardous chemical is a solid—an undivided quantity exceeding 500 kilograms.

capacity, of a container (in Chapter 7), means the internal volume of the container at a temperature of 15°C expressed in litres.

card holder means the person to whom a general construction induction training card is issued.

certificate of medical fitness means a certificate of medical fitness that complies with clause 169.

certification, in relation to a specified VET course, means—

• (a)

  a statement of attainment issued by an RTO stating that the person to whom it is issued has successfully completed the specified VET course, or

• (b)

  in the case of high risk work—a notice of satisfactory assessment stating that the person to whom it is issued has successfully completed the specified VET course, or

• (c)

  an equivalent statement or notice issued by a corresponding RTO.

certified safety management system, in Chapter 8, means a safety management system that complies with AS/NZS 4801:2001 (Occupational health and safety management systems), or an equivalent system determined by the regulator.

chemical identity means a name, in accordance with the nomenclature systems of the International Union of Pure and Applied Chemistry or the Chemical Abstracts Service, or a technical name, that gives a chemical a unique identity.

chemical installation, for Part 4.6—see clause 141A.

class means—

• (a)

  in relation to high risk work, a class of work specified in Schedule 3,

• (b)

  in relation to asbestos removal work, Class A asbestos removal work or Class B asbestos removal work.

Class A asbestos removal licence means a licence that authorises the carrying out of Class A asbestos removal work and Class B asbestos removal work by or on behalf of the licence holder.

Class A asbestos removal work means work that is required to be licensed under clause 485.

Class B asbestos removal licence means a licence that authorises the carrying out of Class B asbestos removal work by or on behalf of the licence holder.

Class B asbestos removal work means work that is required to be licensed under clause 487, but does not include Class A asbestos removal work.

class label means a pictogram described in the ADG Code for a class, or division of a class, of dangerous goods.

clearance certificate—see clause 474.

clearance inspection—see clause 473.

combustible dust means finely divided solid particles (including dust, fibres or flyings) that are—

• (a)

  suspended in air or settle out of the atmosphere under their own weight, and

• (b)

  able to burn or glow in air, and

• (c)

  able to form an explosive mixture with air at atmospheric pressure and normal temperature.

combustible liquid means a liquid, other than a flammable liquid, that has a flash point, and a fire point less than its boiling point.

combustible substance means a substance that is combustible, and includes dust, fibres, fumes, mists or vapours produced by the substance.

Examples.

Wood, paper, oil, iron filings.

competency assessment, in Part 4.5, means an assessment in relation to the completion of a specified VET course to carry out a class of high risk work.

competent person means—

• (a)

  for electrical work on energised electrical equipment or energised electrical installations (other than testing referred to in clauses 150 and 165)—a person who is authorised under the Home Building Act 1989 to do electrical wiring work,

• (b)

  for general diving work—see clauses 174 and 177,

• (c)

  for a major inspection of a mobile crane or a tower crane under clause 235—see clause 235,

• (d)

  for an inspection of an amusement device or passenger ropeway under clause 241—see clause 241,

• (e)

  for design verification under clause 252—a person who has the skills, qualifications, competence and experience to design the plant or verify the design,

• (f)

  for a clearance inspection under clause 473—a person who has acquired through training or experience the knowledge and skills of relevant asbestos removal industry practice and holds—

  • (i)

    a certification in relation to the specified VET course for asbestos assessor work, or

  • (ii)

    a tertiary qualification in occupational health and safety, occupational hygiene, science, building, construction or environmental health,

• (g)

  for any other case—a person who has acquired through training, qualification or experience the knowledge and skills to carry out the task.

concrete placing boom means plant incorporating an articulating boom, capable of power operated slewing and luffing to place concrete by way of pumping through a pipeline attached to, or forming part of, the boom of the plant.

confined space means an enclosed or partially enclosed space that—

• (a)

  is not designed or intended primarily to be occupied by a person, and

• (b)

  is, or is designed or intended to be, at normal atmospheric pressure while any person is in the space, and

• (c)

  is or is likely to be a risk to health and safety from—

  • (i)

    an atmosphere that does not have a safe oxygen level, or

  • (ii)

    contaminants, including airborne gases, vapours and dusts, that may cause injury from fire or explosion, or

  • (iii)

    harmful concentrations of any airborne contaminants, or

  • (iv)

    engulfment,

but does not include a mine shaft or the workings of a mine.

confined space entry permit means a confined space entry permit issued under clause 67.

construction project—see clause 292.

construction work—see clause 289.

consumer product means a thing that—

• (a)

  is packed or repacked primarily for use by a household consumer or for use in an office, and

• (b)

  if the thing is packed or repacked primarily for use by a household consumer—is packed in the way and quantity in which it is intended to be used by a household consumer, and

• (c)

  if the thing is packed or repacked primarily for use in an office—is packed in the way and quantity in which it is intended to be used for office work.

container, in relation to a hazardous chemical, means anything in or by which a hazardous chemical is, or has been, wholly or partly covered, enclosed or packed, including anything necessary for the container to perform its function as a container.

contaminant means any substance that may be harmful to health or safety.

control measure, in relation to a risk to health and safety, means a measure to eliminate or minimise the risk.

controlled, in relation to the processing of a CSS—see clause 529B.

conveyor means equipment or apparatus operated by power other than manual power and by which loads are raised, lowered or transported or capable of being raised, lowered, transported, or continuously driven, by—

• (a)

  an endless belt, rope or chain or other similar means, or

• (b)

  buckets, trays or other containers or fittings moved by an endless belt, rope, chain or similar means, or

• (c)

  a rotating screw, or

• (d)

  a vibration or walking beam, or

• (e)

  a powered roller conveyor if the rollers are driven by an endless belt, rope or chain or other similar means,

and includes the superstructure, gear and auxiliary equipment used in connection with that equipment or apparatus.

correct classification means the set of hazard classes and hazard categories assigned to a hazardous chemical when it is correctly classified.

Note.

Part 1 of Schedule 9 sets out when a hazardous chemical is correctly classified.

corresponding demolition law, for Part 4.6—see clause 141A.

corresponding demolition regulator, for Part 4.6—see clause 141A.

corresponding environment protection law, for Part 4.6—see clause 141A.

crane means an appliance intended for raising or lowering a load and moving it horizontally including the supporting structure of the crane and its foundations, but does not include any of the following—

• (a)

  an industrial lift truck,

• (b)

  earthmoving machinery,

• (c)

  an amusement device,

• (d)

  a tractor,

• (e)

  an industrial robot,

• (f)

  a conveyor,

• (g)

  building maintenance equipment,

• (h)

  a suspended scaffold,

• (i)

  a lift.

crystalline silica—see clause 529A.

crystalline silica substance (CSS)—see clause 529A.

current certificate of medical fitness means a certificate of medical fitness that—

• (a)

  was issued within the past 12 months, and

• (b)

  has not expired or been revoked.

demolition licence, for Part 4.6—see clause 141A.

demolition work means work to demolish or dismantle a structure, or part of a structure that is loadbearing or otherwise related to the physical integrity of the structure, but does not include—

• (a)

  the dismantling of formwork, falsework, or other structures designed or used to provide support, access or containment during construction work, or

• (b)

  the removal of power, light or telecommunication poles.

derrick crane means a slewing strut boom crane with its boom pivoted at the base of a mast that is—

• (a)

  guyed (guy derrick) or held by backstays (stiff legged derrick), and

• (b)

  capable of luffing under load.

designer, in relation to plant, a substance or a structure, has the same meaning as it has in section 22 of the Act.

determined major hazard facility means a facility that has been determined under clause 541 or 542 to be a major hazard facility.

digital general construction induction training card means a general construction induction training card in electronic form that—

• (a)

  is displayed on a mobile phone or other electronic device by way of software approved for that purpose by the regulator, and

• (b)

  includes the information required by this Regulation to be shown on a digital general construction induction training card.

direct fired process heater means an arrangement of 1 or more coils, located in the radiant zone or convection zone, or both, of a combustion chamber, the primary purpose of which is to raise the temperature of a process fluid circulated through the coils, to allow distillation, fractionalism, reaction or other petrochemical processing of the process fluid, whether that fluid is liquid or gas, or a combination of liquid and gas.

dogging work means—

• (a)

  the application of slinging techniques, including the selection and inspection of lifting gear, to safely sling a load, or

• (b)

  the directing of a plant operator in the movement of a load when the load is out of the operator’s view.

duty holder, in Part 3.1, means a person referred to in clause 32.

EANx, in Part 4.8, means a mixture of oxygen and nitrogen in which the volume of oxygen is at least 22%.

earthmoving machinery means operator controlled plant used to excavate, load, transport, compact or spread earth, overburden, rubble, spoil, aggregate or similar material, but does not include a tractor or industrial lift truck.

electrical equipment—see clause 144 (and clause 148 for Division 3 of Part 4.7).

electrical installation—see clause 145 (and clause 148 for Division 3 of Part 4.7).

electrical risk means risk to a person of death, shock or other injury caused directly or indirectly by electricity.

electrical work—see clause 146.

electricity supply authority means a person or body engaged in the distribution of electricity to the public or in the generation of electricity for supply, directly or indirectly, to the public whether by statute, franchise agreement or otherwise and includes—

• (a)

  an energy services corporation within the meaning of the Energy Services Corporations Act 1995, and

• (b)

  a network operator within the meaning of the Electricity Supply Act 1995, and

• (c)

  the Country Rail Infrastructure Authority constituted by the Transport Administration Act 1988, and

• (d)

  Rail Corporation New South Wales, and

• (e)

  Sydney Trains, and

• (e1)

  Sydney Metro, and

• (f)

  Transport for NSW, and

• (g)

  the Water Administration Ministerial Corporation constituted by the Water Management Act 2000.

emergency service organisation includes any of the following—

• (a)

  the Ambulance Service of NSW,

• (b)

  Fire and Rescue NSW,

• (c)

  the NSW Rural Fire Service,

• (d)

  the NSW Police Force,

• (e)

  the State Emergency Service,

• (f)

  VRA Rescue NSW Limited,

• (g)

  the New South Wales Mines Rescue Brigade established under the Coal Industry Act 2001,

• (h)

  an accredited rescue unit within the meaning of the State Emergency and Rescue Management Act 1989.

emergency service worker includes an officer, employee or member of any of the following—

• (a)

  the Ambulance Service of NSW,

• (b)

  Fire and Rescue NSW,

• (c)

  the NSW Rural Fire Service,

• (d)

  the NSW Police Force,

• (e)

  the State Emergency Service,

• (f)

  VRA Rescue NSW Limited,

• (g)

  the New South Wales Mines Rescue Brigade established under the Coal Industry Act 2001,

• (h)

  an accredited rescue unit within the meaning of the State Emergency and Rescue Management Act 1989.

engineered stone—see clause 529A(4).

engineering control means a control measure that is physical in nature, including a mechanical device or process.

entry, by a person into a confined space, means the person’s head or upper body is in the confined space or within the boundary of the confined space.

essential services means the supply of—

• (a)

  gas, water, sewerage, telecommunications, electricity and similar services, or

• (b)

  chemicals, fuel and refrigerant in pipes or lines.

excavation means a trench, tunnel or shaft, but does not include—

• (a)

  a mine, or

• (b)

  a bore to which the Water Act 1912 applies, or

• (c)

  a trench for use as a place of interment.

excavation work means work to—

• (a)

  make an excavation, or

• (b)

  fill or partly fill an excavation.

explosives law, for Part 4.6—see clause 141A.

exposure standard, except in Part 4.1, means an exposure standard in the Workplace Exposure Standard for Airborne Contaminants.

exposure standard for noise—see clause 56.

external review means an external review under Part 11.1.

extra-low voltage means voltage that does not exceed 50 volts alternating current (50V AC) or 120 volts ripple-free direct current (120V ripple-free DC).

facility, in Chapter 9, means a workplace at which Schedule 15 chemicals are present or likely to be present.

fall arrest system means plant or material designed to arrest a fall.

Example.

An industrial safety net, a catch platform, a safety harness system (other than a system that relies entirely on a restraint technique system).

fault, in relation to plant, means a break or defect that may cause the plant to present a risk to health and safety.

fee unit—see Part 2 of Schedule 2.

female of reproductive capacity, in Part 7.2, means a female other than a female who provides information stating that she is not of reproductive capacity.

fire risk hazardous chemical means a hazardous chemical that—

• (a)

  is any of the following—

  • (i)

    a flammable gas,

  • (ii)

    a flammable liquid (hazard category 1 to 3),

  • (iii)

    a flammable solid,

  • (iv)

    a substance liable to spontaneous combustion,

  • (v)

    a substance which, in contact with water, emits flammable gases,

  • (vi)

    an oxidizing substance,

  • (vii)

    an organic peroxide, and

• (b)

  burns readily or supports combustion.

fitness criteria, in relation to diving work, means the fitness criteria specified in clause M4 of Appendix M to AS/NZS 2299.1:2015 (Occupational diving operations—Standard operational practice).

flammable gas has the same meaning as it has in the GHS.

flammable liquid means a flammable liquid within the meaning of the GHS that has a flash point of less than 93°C.

forklift truck, in Schedules 3 and 4, means a powered industrial truck equipped with lifting media made up of a mast and an elevating load carriage to which is attached a pair of fork arms or other arms that can be raised 900mm or more above the ground, but does not include a pedestrian-operated truck or a pallet truck.

friable asbestos means material that—

• (a)

  is in a powder form or that can be crumbled, pulverised or reduced to a powder by hand pressure when dry, and

• (b)

  contains asbestos.

gantry crane means a crane that—

• (a)

  consists of a bridge beam or beams supported at one or both ends by legs mounted to end carriages, and

• (b)

  is capable of travelling on supporting surfaces or deck levels, whether fixed or not, and

• (c)

  has a crab with 1 or more hoisting units arranged to travel across the bridge.

gas cylinder means a rigid vessel—

• (a)

  that does not exceed 3000 litres water capacity and is without openings or integral attachments on the shell other than at the ends, and

• (b)

  that is designed for the storage and transport of gas under pressure, and

• (c)

  that is covered by AS 2030.1–2009 (Gas cylinders—General requirements).

general construction induction training means training delivered in Australia by an RTO for the specified VET course for general construction induction training.

general construction induction training card means—

• (a)

  in Part 6.5, Division 2—a general construction induction training card issued under that Division, or

• (b)

  otherwise—

  • (i)

    a general construction induction training card issued under Part 6.5, Division 2 or a similar card issued under a corresponding WHS law, or

  • (ii)

    a general construction induction training card issued by an RTO under an agreement between the regulator and an RTO or a corresponding regulator and an RTO, or

  • (iii)

    a digital general construction induction training card issued under Part 6.5, Division 2A.

general construction induction training certification means a certification for the completion of the specified VET course for general construction induction training.

general diving work means work carried out in or under water while breathing compressed gas, and includes—

• (a)

  incidental diving work, and

• (b)

  limited scientific diving work,

but does not include high risk diving work.

genuine research means systematic investigative or experimental activities that are carried out for either acquiring new knowledge (whether or not the knowledge will have a specific practical application) or creating new or improved materials, products, devices, processes or services.

GHS means the Globally Harmonised System of Classification and Labelling of Chemicals, Seventh revised edition, published by the United Nations as modified under Schedule 6.

Note.

The Schedule 6 tables replace some tables in the GHS.

GHS 3 means the Globally Harmonised System of Classification and Labelling of Chemicals, Third revised edition, published by the United Nations as modified under Schedule 6.

Note—

The Schedule 6 tables replace some tables in GHS 3.

hazard category means a division of criteria within a hazard class in the GHS.

hazard class means the nature of a physical, health or environmental hazard under the GHS.

hazard pictogram means a graphical composition, including a symbol plus other graphical elements, that is assigned in the GHS to a hazard class or hazard category.

hazard statement means a statement assigned in the GHS to a hazard class or hazard category describing the nature of the hazards of a hazardous chemical including, if appropriate, the degree of hazard.

hazardous area means an area in which—

• (a)

  an explosive gas is present in the atmosphere in a quantity that requires special precautions to be taken for the construction, installation and use of plant, or

• (b)

  a combustible dust is present, or could reasonably be expected to be present, in the atmosphere in a quantity that requires special precautions to be taken for the construction, installation and use of plant.

hazardous chemical means a substance, mixture or article that satisfies the criteria for any 1 or more hazard classes in the GHS, including a classification referred to in Schedule 6, unless the only hazard class or classes for which the substance, mixture or article satisfies the criteria are any 1 or more of the following—

• (a)

  acute toxicity—oral—category 5,

• (b)

  acute toxicity—dermal—category 5,

• (c)

  acute toxicity—inhalation—category 5,

• (d)

  skin corrosion/irritation—category 3,

• (e)

  aspiration hazard—category 2,

• (f)

  flammable gas—category 2,

• (g)

  acute hazard to the aquatic environment—category 1, 2 or 3,

• (h)

  chronic hazard to the aquatic environment—category 1, 2, 3 or 4,

• (i)

  hazardous to the ozone layer.

Note—

The Schedule 6 tables replace some tables in the GHS.

hazardous manual task means a task that requires a person to lift, lower, push, pull, carry or otherwise move, hold or restrain any person, animal or thing that involves 1 or more of the following—

• (a)

  repetitive or sustained force,

• (b)

  high or sudden force,

• (c)

  repetitive movement,

• (d)

  sustained or awkward posture,

• (e)

  exposure to vibration.

Examples.

A task requiring a person to restrain live animals.

A task requiring a person to lift or move loads that are unstable or unbalanced or are difficult to grasp or hold.

A task requiring a person to sort objects on a conveyor belt.

Hazchem Code means a Hazchem Code under the ADG Code, also known as an Emergency Action Code.

head or upper body means the area of a person’s body at or above the person’s shoulders.

health monitoring, of a person, means monitoring the person to identify changes in the person’s health status because of exposure to certain substances.

heritage boiler means a boiler that—

• (a)

  was manufactured before 1952, and

• (b)

  is used for a historical purpose or activity, including an activity that is ancillary to a historical activity.

Examples.

Historical activity: a historical display, parade, demonstration or re-enactment.

Activity ancillary to a historical activity: restoring, maintaining, modifying, servicing, repairing or housing a boiler used, or to be used, for a historical activity.

high risk, in relation to the processing of a CSS, means the processing of a CSS that is reasonably likely to result in a risk to the health of a person at the workplace.

high risk construction work—see clause 291.

high risk diving work means work—

• (a)

  carried out in or under water or any other liquid while breathing compressed gas, and

• (b)

  involving 1 or more of the following—

  • (i)

    construction work,

    Notes.

    Subparagraph (ii) includes some additional construction-related activities.

    For construction work generally, see Chapter 6. For the meaning of construction work, see clause 289.

  • (ii)

    work of the kind described in clause 289(3)(d),

  • (iii)

    inspection work carried out in order to determine whether or not work described in subparagraph (i) or (ii) is necessary,

  • (iv)

    the recovery or salvage of a large structure or large item of plant for commercial purposes,

but does not include minor work carried out in the sea or the waters of a bay or inlet or a marina that involves cleaning, inspecting, maintaining or searching for a vessel or mooring.

high risk work means any work set out in Schedule 3 as being within the scope of a high risk work licence.

high risk work licence means any of the licences listed in Schedule 3.

hoist means an appliance intended for raising or lowering a load or people, and includes an elevating work platform, a mast climbing work platform, personnel and materials hoist, scaffolding hoist and serial hoist, but does not include a lift or building maintenance equipment.

ignition source means a source of energy capable of igniting flammable or combustible substances.

importer, in relation to plant, a substance or a structure, has the same meaning as it has in section 24 of the Act.

incidental diving work means general diving work that—

• (a)

  is incidental to the conduct of the business or undertaking in which the diving work is carried out, and

  Example.

  Acting underwater is incidental to the business or undertaking of filming.

• (b)

  involves limited diving.

• (c)

  (Repealed)

independent, in relation to clearance inspections and air monitoring under Chapter 8, means—

• (a)

  not involved in the removal of the asbestos, and

• (b)

  not involved in a business or undertaking involved in the removal of the asbestos,

in relation to which the inspection or monitoring is conducted.

industrial lift truck means powered mobile plant, designed to move goods, materials or equipment that is equipped with an elevating load carriage and is in the normal course of use equipped with a load-holding attachment, but does not include a mobile crane or earthmoving machinery.

industrial robot means plant that is a multifunctional manipulator and its controllers, capable of handling materials, parts or tools, or specialised devices, through variable programmed motions for the performance of a variety of tasks.

inflatable device (continuously blown) means an amusement device that is an inflatable device that relies on a continuous supply of air pressure to maintain its shape.

in situ asbestos means asbestos or ACM fixed or installed in a structure, equipment or plant, but does not include naturally occurring asbestos.

intermediate bulk container (IBC) has the same meaning as IBC has in the ADG Code.

internal review means internal review under Part 11.1.

in transit, in relation to a thing, means that the thing—

• (a)

  is supplied to, or stored at, a workplace in containers that are not opened at the workplace, and

• (b)

  is not used at the workplace, and

• (c)

  is kept at the workplace for not more than 5 consecutive days.

lead means lead metal, lead alloys, inorganic lead compounds and lead salts of organic acids.

lead process—see clause 392.

lead process area means a workplace or part of a workplace where a lead process is carried out.

lead risk work—see clause 394.

licence holder means—

• (a)

  in the case of a high risk work licence—the person who is licensed to carry out the work, or

• (b)

  in the case of an asbestos assessor licence—the person who is licensed—

  • (i)

    to carry out air monitoring during Class A asbestos removal work, and

  • (ii)

    to carry out clearance inspections of Class A asbestos removal work, and

  • (iii)

    to issue clearance certificates in relation to Class A asbestos removal work, or

• (c)

  in the case of an asbestos removal licence—the person conducting the business or undertaking to whom the licence is granted, or

• (d)

  in the case of a major hazard facility licence—the operator of the major hazard facility to whom the licence is granted or transferred, or

• (e)

  in the case of a demolition licence—the person conducting the business or undertaking to whom the licence is granted.

licensed asbestos assessor means a person who holds an asbestos assessor licence.

licensed asbestos removalist means a person conducting a business or undertaking who is licensed under this Regulation to carry out Class A asbestos removal work or Class B asbestos removal work.

licensed asbestos removal work means asbestos removal work for which a Class A asbestos removal licence or Class B asbestos removal licence is required.

licensed demolition work, for Part 4.6—see clause 141A.

licensed major hazard facility means a major hazard facility that is licensed under Part 9.7.

lift means plant that is, or is intended to be, permanently installed in or attached to a structure, in which people, goods or materials may be raised or lowered within a car or cage, or on a platform and the movement of which is restricted by a guide or guides, and includes—

• (a)

  a chairlift and stairway lift, and

• (b)

  any supporting structure, machinery, equipment, gear, lift well, enclosures and entrances.

limited diving means diving that does not involve any of the following—

• (a)

  diving to a depth below 30 metres,

• (b)

  the need for a decompression stop,

• (c)

  the use of mechanical lifting equipment or a buoyancy lifting device,

• (d)

  diving beneath anything that would require the diver to move sideways before being able to ascend,

• (e)

  the use of plant that is powered from the surface,

• (f)

  diving for more than 28 days during a period of 6 months.

limited scientific diving work means general diving work that—

• (a)

  is carried out for the purpose of professional scientific research, natural resource management or scientific research as an educational activity, and

• (b)

  involves only limited diving.

load shifting machinery, for Part 4.6—see clause 141A.

local authority, in relation to a facility, means the local authority for the local authority area in which the facility and the surrounding area are located.

local community, in relation to a major hazard facility, means the community in the surrounding area.

lower explosive limit (LEL), in relation to a flammable gas, vapour or mist, means the concentration of the gas, vapour or mist in air below which the propagation of a flame does not occur on contact with an ignition source.

maintain, in relation to plant or a structure in Chapter 5, includes repair or servicing of plant or a structure.

major hazard facility means a facility—

• (a)

  at which Schedule 15 chemicals are present or likely to be present in a quantity that exceeds their threshold quantity, or

• (b)

  that is determined by the regulator under Part 9.2 to be a major hazard facility.

major hazard facility licence means a licence granted under Part 9.7 in relation to a major hazard facility.

major incident—see clause 531.

major incident hazard means a hazard that could cause, or contribute to causing, a major incident.

manifest means a written summary of the hazardous chemicals used, handled or stored at a workplace.

Note.

See Schedule 12 (Manifest requirements) for what a manifest must contain.

manifest quantity, in relation to a Schedule 11 hazardous chemical, means the manifest quantity referred to in Schedule 11, table 11.1, column 5 for that hazardous chemical.

manufacturer, in relation to plant, a substance or a structure, has the same meaning as it has in section 23 of the Act.

mast climbing work platform means a hoist with a working platform used for temporary purposes to raise personnel and materials to the working position by means of a drive system mounted on an extendable mast that may be tied to a structure.

materials hoist means a hoist that—

• (a)

  consists of a car, bucket or platform cantilevered from, and travelling up and down outside, a face of the support of a structure, and

• (b)

  is used for hoisting things and substances but not persons.

membrane filter method means the membrane filter method described in the Guidance note on the Membrane Filter Method for Estimating Airborne Asbestos Fibres [NOHSC:3003 (2005)].

mixture in Part 7.1, means a combination of, or a solution composed of, 2 or more substances that do not react with each other.

mobile crane means a crane capable of travelling over a supporting surface without the need for fixed runways and relying only on gravity for stability.

modification, in relation to a facility—see clause 534.

musculoskeletal disorder means an injury to, or disease of, the musculoskeletal system, whether occurring suddenly or over time, but does not include an injury caused by crushing, entrapment or cutting resulting principally from the mechanical operation of plant.

named supervisor, for Part 4.6—see clause 141A.

NATA means the National Association of Testing Authorities, Australia.

NATA-accredited laboratory means a testing laboratory accredited by NATA, or recognised by NATA either solely or with someone else.

naturally occurring asbestos means the natural geological occurrence of asbestos minerals found in association with geological deposits including rock, sediment or soil.

non-friable asbestos means material containing asbestos that is not friable asbestos, including material containing asbestos fibres reinforced with a bonding compound.

Note.

Non-friable asbestos may become friable asbestos through deterioration (see definition of friable asbestos).

non-slewing mobile crane means a mobile crane incorporating a boom or jib that cannot be slewed, and includes—

• (a)

  an articulated mobile crane, or

• (b)

  a locomotive crane,

but does not include vehicle tow trucks.

notice of satisfactory assessment means a notice stating that the person to whom it is issued has successfully completed a specified VET course.

operator, in relation to a facility or a proposed facility—see clause 533.

operator protective device, includes a roll-over protective structure, falling object protective structure, operator restraining device and seat belt.

order-picking forklift truck, in Schedules 3 and 4, means a forklift truck where the operator’s controls are incorporated with the lifting media and elevate with the lifting media.

packaged hazardous chemicals means Schedule 11 hazardous chemicals in a container with—

• (a)

  a capacity not exceeding 500 litres, or

• (b)

  a net mass not exceeding 500 kilograms.

passenger ropeway means a powered ropeway used for transporting, in a horizontal or inclined plane, passengers moved by a carrier that is—

• (a)

  attached to or supported by a moving rope, or

• (b)

  attached to a moving rope but supported by a standing rope or other overhead structure,

including, in relation to the powered ropeway, the prime mover, any associated transmission machinery and any supporting structure and equipment, but does not include any of the following—

• (c)

  a cog railway,

• (d)

  a cable car running on rails,

• (e)

  a flying fox or similar device,

• (f)

  an elevating system for vehicles or boat style carriers associated with amusement devices,

  Example.

  An elevating system for a log ride or boat flume ride.

• (g)

  a winding system in a mine.

person with management or control of plant at a workplace has the same meaning as it has in section 21 of the Act.

person with management or control of a workplace has the same meaning as it has in section 20 of the Act.

personal protective equipment means anything used or worn by a person to minimise risk to the person’s health and safety, including air supplied respiratory equipment.

personnel and materials hoist means a hoist—

• (a)

  that is a cantilever hoist, a tower hoist or several winches configured to operate as a hoist, and

• (b)

  that is intended to carry goods, materials or people.

pipeline means pipe work that crosses a boundary of a workplace, beginning or ending at the nearest fluid or slurry control point (along the axis of the pipeline) to the boundary.

pipe work means a pipe or assembly of pipes, pipe fittings, valves and pipe accessories used to convey a hazardous chemical.

placard means a sign or notice—

• (a)

  displayed or intended for display in a prominent place, or next to a container or storage area for hazardous chemicals at a workplace, and

• (b)

  that contains information about the hazardous chemical stored in the container or storage area.

placard quantity, in relation to a Schedule 11 hazardous chemical, means the placard quantity referred to in Schedule 11, table 11.1 column 4 for the Schedule 11 hazardous chemical.

plant, in Parts 5.2 and 5.3, includes a structure.

platform height, in relation to an inflatable device (continuously blown), means the height of the highest part of the device designed to support persons using it (the platform), as measured from the surface supporting the device to the top surface of the platform when the device is inflated but unloaded.

porcelain product does not include a product that contains resin.

portal boom crane means a boom crane or a jib crane that is mounted on a portal frame that, in turn, is supported on runways along which the crane travels.

powered mobile plant means plant that is provided with some form of self-propulsion that is ordinarily under the direct control of an operator.

precautionary statement means a phrase prescribed by the GHS that describes measures that are recommended to be taken to prevent or minimise—

• (a)

  the adverse effects of exposure to a hazardous chemical, or

• (b)

  improper handling of a hazardous chemical.

presence-sensing safeguarding system includes—

• (a)

  a sensing system that uses 1 or more forms of radiation either self-generated or otherwise generated by pressure, and

• (b)

  the interface between the final switching devices of the sensing system and the machine primary control elements, and

• (c)

  the machine stopping capabilities, by which the presence of a person or part of a person within the sensing field will cause the dangerous parts of a machine to be brought to a safe state.

pressure equipment means boilers, pressure vessels and pressure piping.

pressure piping—

• (a)

  means an assembly of pipes, pipe fittings, valves and pipe accessories subject to internal or external pressure and used to contain or convey fluid or to transmit fluid pressure, and

• (b)

  includes distribution headers, bolting, gaskets, pipe supports and pressure containing accessories, but

• (c)

  does not include—

  • (i)

    a boiler or pressure vessel, or

  • (ii)

    any piping that is regulated under the Gas Supply Act 1996, the Petroleum (Offshore) Act 1982 or the Pipelines Act 1967.

pressure vessel—

• (a)

  means a vessel subject to internal or external pressure, and

• (b)

  includes—

  • (i)

    interconnected parts and components, valves, gauges and other fittings up to the first point of connection to connecting piping, and

  • (ii)

    fired heaters, and

  • (iii)

    gas cylinders, but

• (c)

  does not include a boiler or pressure piping.

primary emergency service organisation means Fire and Rescue NSW.

principal contractor, in relation to a construction project—see clause 293.

processing, in relation to a CSS—see clause 529A.

product identifier means the name or number used to identify a product on a label or in a safety data sheet.

prohibited carcinogen means a substance—

• (a)

  listed in Schedule 10, table 10.1, column 2, and

• (b)

  present in a concentration of—

  • (i)

    for a solid or liquid—0.1% or more, determined as a weight/weight (w/w) concentration, and

  • (ii)

    for a gas—0.1% or more, determined as a volume/volume (v/v) concentration.

proposed facility means—

• (a)

  an existing workplace that is to become a facility due to the introduction of Schedule 15 chemicals, or

• (b)

  a facility that is being designed or constructed.

proposed major hazard facility means—

• (a)

  an existing facility or other workplace that is to become a major hazard facility due to the introduction of Schedule 15 chemicals or the addition of further Schedule 15 chemicals, or

• (b)

  a major hazard facility that is being designed or constructed.

psychosocial hazard—see clause 55A.

psychosocial risk—see clause 55B.

quantity, in Chapter 7, means—

• (a)

  for a hazardous chemical that is not a liquid or a gas or a gas under pressure and is in a container or storage or handling system—the mass in kilograms of the hazardous chemical in the container or storage or handling system, and

• (b)

  for a hazardous chemical that is a liquid and is not a gas under pressure and is in a container or storage or handling system—the net capacity in litres of the container or storage or handling system, and

• (c)

  for a hazardous chemical that is a gas or gas under pressure in a container or storage or handling system—the water capacity in litres of the container or storage or handling system, and

• (d)

  for a hazardous chemical that is not a liquid and is in bulk and not in a container—the undivided mass in kilograms, and

• (e)

  for a hazardous chemical that is a thing and is not a gas—the net capacity of the part of the thing that comprises a hazardous chemical.

reach stacker means a powered reach stacker that incorporates an attachment for lifting and lowering a shipping container.

reciprocating steam engine means equipment that is driven by steam acting on a piston causing the piston to move, and includes an expanding (steam) reciprocating engine.

registered training organisation (RTO) means a training organisation that—

• (a)

  is listed as a registered training organisation on the National Register established under the National Vocational Education and Training Regulator Act 2011 of the Commonwealth, and

• (b)

  has entered into an agreement with the regulator to deliver training and conduct assessments.

relevant fee, in relation to a matter, means the fee specified in Schedule 2 for that matter.

relevant law, for Part 4.6—see clause 141A.

relevant licence, for Part 4.6—see clause 141A.

relevant matter, for Part 4.6—see clause 141A.

research chemical means a substance or mixture that—

• (a)

  is manufactured in a laboratory for genuine research, and

• (b)

  is not for use or supply for a purpose other than analysis or genuine research.

respirable asbestos fibre means an asbestos fibre that—

• (a)

  is less than 3 micrometres wide, and

• (b)

  more than 5 micrometres long, and

• (c)

  has a length to width ratio of more than 3:1.

restricted carcinogen means a substance—

• (a)

  listed in Schedule 10, table 10.2, column 2 for a use listed in column 3, and

• (b)

  present in a concentration of—

  • (i)

    for a solid or liquid—0.1% or more, determined as a weight/weight (w/w) concentration, and

  • (ii)

    for a gas—0.1% or more, determined as a volume/volume (v/v) concentration.

restricted demolition licence, for Part 4.6—see clause 141A.

retailer means a person whose principal business is supplying consumer products to members of the public who are not engaged in the further supply of those products.

rigging work means—

• (a)

  the use of mechanical load shifting equipment and associated gear to move, place or secure a load using plant, equipment or members of a structure to ensure the stability of those members, or

• (b)

  the setting up or dismantling of cranes or hoists.

safe oxygen level means a minimum oxygen content of air of 19.5% by volume under normal atmospheric pressure and a maximum oxygen content of air of 23.5% by volume under normal atmospheric pressure.

Safe Work Australia means Safe Work Australia as established under section 5 of the Safe Work Australia Act 2008 of the Commonwealth.

safe work method statement means—

• (a)

  in relation to electrical work on energised electrical equipment—a safe work method statement prepared under clause 161,

• (b)

  in relation to high risk construction work—a safe work method statement referred to in clause 299 (as revised under clause 302).

safety data sheet means a safety data sheet prepared under clause 330 or 331.

scaffold means a temporary structure specifically erected to support access or working platforms.

scaffolding work means erecting, altering or dismantling a temporary structure that is or has been erected to support a platform and from which a person or object could fall more than 4 metres from the platform or the structure.

Schedule 11 hazardous chemical means a hazardous chemical or combination of hazardous chemicals specified in Schedule 11, table 11.1.

Schedule 15 chemical means a hazardous chemical that—

• (a)

  is specified in Schedule 15, table 15.1, or

• (b)

  belongs to a class, type or category of hazardous chemicals specified in Schedule 15, table 15.2.

self erecting tower crane means a crane—

• (a)

  that is not disassembled into a tower element and a boom or jib element in the normal course of use, and

• (b)

  where the erection and dismantling processes are an inherent part of the crane’s function.

shaft means a vertical or inclined way or opening, from the surface downwards or from any underground working, the dimensions of which (apart from the perimeter) are less than its depth.

signal word means the word “danger” or “warning” used on a label to indicate to a label reader the relative severity level of a hazard, and to alert the reader to a potential hazard, under the GHS.

silica risk control plan means, in relation to the processing of a CSS that is high risk, a silica risk control plan prepared under clause 529CB.

sintered stone does not include a product that contains resin.

slewing mobile crane means a mobile crane incorporating a boom or jib that can be slewed, but does not include—

• (a)

  a front end loader, or

• (b)

  a backhoe, or

• (c)

  an excavator, or

• (d)

  other earth moving equipment,

when configured for crane operation.

slinging techniques means the exercising of judgement in relation to the suitability and condition of lifting gear and the method of slinging, by consideration of the nature of the load, its mass and its centre of gravity.

specified VET course means—

• (a)

  in relation to general construction induction training—the VET course Work Safely in the Construction Industry or a corresponding subsequent VET accredited course, or

• (b)

  in relation to Class A asbestos removal work—the VET course Remove friable asbestos, or

• (c)

  in relation to Class B asbestos removal work—the VET course Remove non friable asbestos, or

• (d)

  in relation to the supervision of asbestos removal work—the VET course Supervise asbestos removal, or

• (e)

  in relation to asbestos assessor work—the VET course Conduct asbestos assessment associated with removal, or

• (f)

  in relation to high risk work—the relevant VET course specified in Schedule 4.

steam turbine means equipment that is driven by steam acting on a turbine or rotor to cause a rotary motion.

structure, in Chapter 6—see clause 290.

substance, in Part 7.1, means a chemical element or compound in its natural state or obtained or generated by a process—

• (a)

  including any additive necessary to preserve the stability of the element or compound and any impurities deriving from the process, but

• (b)

  excluding any solvent that may be separated without affecting the stability of the element or compound, or changing its composition.

supplier, in relation to plant, a substance or a structure, has the same meaning as it has in section 25 of the Act.

surrounding area, in relation to a facility, means the area surrounding the facility in which the health and safety of persons could potentially be adversely affected by a major incident occurring.

suspended scaffold means a scaffold incorporating a suspended platform that is capable of being raised or lowered when in use.

technical name, in the definition of chemical identity, means a name that is—

• (a)

  ordinarily used in commerce, regulations and codes to identify a substance or mixture, other than an International Union of Pure and Applied Chemistry or Chemical Abstracts Service name, and

• (b)

  recognised by the scientific community.

temporary work platform means—

• (a)

  a fixed, mobile or suspended scaffold, or

• (b)

  an elevating work platform, or

• (c)

  a mast climbing work platform, or

• (d)

  a work box supported by a crane, hoist, forklift truck or other form of mechanical plant, or

• (e)

  building maintenance equipment, including a building maintenance unit, or

• (f)

  a portable or mobile fabricated platform, or

• (g)

  any other temporary platform that—

  • (i)

    provides a working area, and

  • (ii)

    is designed to prevent a fall.

the Act means the Work Health and Safety Act 2011.

theatrical performance means acting, singing, playing a musical instrument, dancing or otherwise performing literary or artistic works or expressions of traditional custom or folklore.

threshold quantity, in relation to a Schedule 15 chemical, means—

• (a)

  the threshold quantity of a specific hazardous chemical as determined under clause 3 of Schedule 15, or

• (b)

  the aggregate threshold quantity of 2 or more hazardous chemicals as determined under clause 4 of Schedule 15.

tower crane means—

• (a)

  a boom crane or a jib crane mounted on a tower structure, and

• (b)

  in Schedule 3—

  • (i)

    the crane, if a jib crane, may be a horizontal or luffing jib type, and

  • (ii)

    the tower structure may be demountable or permanent,

  but, in Schedule 3, does not include a self erecting tower crane.

tractor means a motor vehicle, whether wheeled or track mounted, designed to provide power and movement to any attached machine or implement by a transmission shaft, belt or linkage system but does not include earthmoving machinery.

trench means a horizontal or inclined way or opening—

• (a)

  the length of which is greater than its width and greater than or equal to its depth, and

• (b)

  that commences at and extends below the surface of the ground, and

• (c)

  that is open to the surface along its length.

tunnel means an underground passage or opening that—

• (a)

  is approximately horizontal, and

• (b)

  commences at the surface of the ground or at an excavation.

UN number has the same meaning as it has in the ADG Code.

unrestricted demolition licence, for Part 4.6—see clause 141A.

vehicle hoist means a device to hoist vehicles designed to provide access for under-chassis examination or service.

vehicle loading crane means a crane mounted on a vehicle for the purpose of loading and unloading the vehicle.

VET course has the same meaning as it has in the National Vocational Education and Training Regulator Act 2011 of the Commonwealth.

WHS management plan, in relation to a construction project, means a management plan prepared or revised under Part 6.4.

work box means a personnel carrying device, designed to be suspended from a crane, to provide a working area for a person elevated by and working from the device.

work positioning system means any plant or structure, other than a temporary work platform, that enables a person to be positioned and safely supported at a location for the duration of the relevant work being carried out.

Workplace Exposure Standards for Airborne Contaminants means the Workplace Exposure Standards for Airborne Contaminants published by Safe Work Australia on its website with a date of effect of 18 April 2013 as in force or remade from time to time.

Note.

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

(2)

* * * * *

Note.

Not required in NSW.

cl 5: Am 2017 No 50, Sch 5.34; 2017 (714), Sch 1 [1]; 2018 No 18, Sch 2.23; 2019 (267), Sch 1 [1]–[6]; 2020 (754), Sch 1[1] [2]; 2020 (755), Sch 1[1]–[3]; 2022 (551), Sch 1[1]; 2022 (565), Sch 1[1] [2]; 2023 No 34, Sch 2[1]; 2024 (265), Sch 1[1]; 2024 (390), Sch 1[1]–[3]; 2025 No 48, Sch 2.20[1] [2].

5AMeaning of “corresponding WHS law”

For the purposes of paragraph (b) of the definition of corresponding WHS law in section 4 of the Act, the Work Health and Safety (National Uniform Legislation) Act 2011 of the Northern Territory is prescribed as such a law.

6Determination of safety management system

The regulator may make a determination for the purposes of the definition of certified safety management system.

7Meaning of “person conducting a business or undertaking”—persons excluded(1)

For the purposes of section 5(6) of the Act, a strata title body corporate that is responsible for any common areas used only for residential purposes may be taken not to be a person conducting a business or undertaking in relation to those premises.

(2)

Subclause (1) does not apply if the strata title body corporate engages any worker as an employee.

(3)

For the purposes of section 5(6) of the Act, an incorporated association may be taken not to be a person conducting a business or undertaking if the incorporated association consists of a group of volunteers working together for 1 or more community purposes where—

• (a)

  the incorporated association, either alone or jointly with any other similar incorporated association, does not employ any person to carry out work for the incorporated association, and

• (b)

  none of the volunteers, whether alone or jointly with any other volunteers, employs any person to carry out work for the incorporated association.

(4)

In this clause, strata title body corporate means an owners corporation constituted under the Strata Schemes Management Act 2015.

8Meaning of supply

For the purposes of section 6(3)(b) of the Act, a supply of a thing does not include the supply of a thing by a person who does not control the supply and has no authority to make decisions about the supply.

Examples.

An auctioneer who auctions a thing without having possession of the thing.

A real estate agent acting in his or her capacity as a real estate agent.

9Provisions linked to health and safety duties in Act

If a note at the foot of a provision of this Regulation states “WHS Act” followed by a reference to a section number, the clause provision sets out the way in which a person’s duty or obligation under that section of the Act is to be performed in relation to the matters and to the extent set out in the clause provision.

Note.

A failure to comply with a duty or obligation under a section of the Act referred to in a “WHS Act” note is an offence to which a penalty applies.

Part 1.2Application10Application of the Act to dangerous goods and high risk plant(1)

The following provisions of the Act are excluded from the operation of Schedule 1 to the Act—

• (a)

  Divisions 2 to 8 of Part 5,

• (b)

  Part 6,

• (c)

  Part 7.

(1A)

Dangerous goods (within the meaning of the ADG Code) listed in Column 2 of the Table to clause 328(1A) are prescribed for the purposes of Schedule 1 to the Act as dangerous goods if the quantity of the goods at a place is more than the relevant threshold for the goods referred to in Column 3 of that Table.

(1B)

The following plant is prescribed as high risk plant for the purposes of Schedule 1 to the Act—

• (a)

  boilers categorised as hazard level A, B or C according to criteria in section 2.1 of AS 4343–2005 (Pressure equipment—Hazard levels),

• (b)

  pressure vessels categorised as hazard level A, B or C according to the criteria in section 2.1 of AS 4343–2005 (Pressure equipment—Hazard levels), except—

  • (i)

    LP Gas fuel vessels for automotive use, and

  • (ii)

    serially produced vessels,

• (c)

  lifts and escalators and moving walkways,

• (d)

  amusement devices covered by section 2.1 of AS 3533.1–2009 (Amusement rides and devices—Design and construction), except devices specified in subclause (1C),

• (e)

  gas cylinders.

(1C)

Subclause (1B)(d) does not apply to the following—

• (a)

  class 1 devices,

• (b)

  playground devices,

• (c)

  water slides where water facilitates patrons to slide easily, predominantly under gravity, along a static structure,

• (d)

  wave generators where patrons do not come into contact with the parts of machinery used for generating water waves,

• (e)

  inflatable devices that are sealed,

• (f)

  inflatable devices that do not use a non-return valve.

cl 10: Am 2019 (267), Sch 1 [7].

11Application of this Regulation

A duty imposed on a person under a provision of this Regulation in relation to health and safety does not limit or affect any duty the person has under the Act or, unless otherwise expressly provided, any other provision of this Regulation.

12Assessment of risk in relation to a class of hazards, tasks, circumstances or things

If this Regulation require an assessment of risks to health and safety associated with a hazard, task, thing or circumstance, an assessment of risks associated with a class of hazards, tasks, things or circumstances may be conducted if—

• (a)

  all hazards, tasks, things or circumstances in the class are the same, and

• (b)

  the assessment of risks for the class does not result in any worker or other person being exposed to a greater, additional or different risk to health and safety than if the risk assessment were carried out in relation to each individual hazard, task, thing or circumstance.

Part 1.3Incorporated documents13Documents incorporated as in force when incorporated

A reference to any document applied, adopted or incorporated by, or referred to in, this Regulation is to be read as a reference to that document as in force at the time the document is applied, adopted, incorporated or referred to unless express provision is made to the contrary.

14Inconsistencies between provisions

If a provision of any document applied, adopted or incorporated by, or referred to in, this Regulation is inconsistent with any provision in this Regulation, the provision of this Regulation prevails.

15References to standards(1)

In this Regulation, a reference consisting of the words “Australian Standard” or the letters “AS” followed in either case by a number or a number accompanied by a reference to a calendar year is a reference to the standard so numbered published by or on behalf of Standards Australia.

(2)

In this Regulation, a reference consisting of the expression “Australian/New Zealand Standard” or “AS/NZS” followed in either case by a number or a number accompanied by a reference to a calendar year is a reference to the standard so numbered published jointly by or on behalf of Standards Australia and the Standards Council of New Zealand.

Note—

A person is only required to comply with an Australian Standard or Australian/New Zealand Standard that is applied, adopted or incorporated by, or otherwise referred to in, this Regulation to the extent this Regulation provides, whether expressly or by necessary implication.

For example, in clause 5(1), definition of boiler, there is an exception in paragraph (e)(iii). The definition does not require a person to comply with AS 2593–2004, but equipment must be certified in compliance with AS 2593–2004 in order to fall within that particular exception.

The reference to an Australian Standard in this case is part of a description of equipment excluded from the definition of boiler. As a result, the equipment is not covered by particular provisions of this Regulation relating to high risk work.

cl 15: Am 2022 (551), Sch 1[2].

Chapter 2Representation and participationPart 2.1RepresentationDivision 1Work groups16Negotiations for and determination of work groups

Negotiations for and determination of work groups and variations of work groups must be directed at ensuring that the workers are grouped in a way that—

• (a)

  most effectively and conveniently enables the interests of the workers, in relation to work health and safety, to be represented, and

• (b)

  has regard to the need for a health and safety representative for the work group to be readily accessible to each worker in the work group.

Note.

Under the Act, a work group may be determined for workers at more than 1 workplace (section 51(3)) or for workers carrying out work for 2 or more persons conducting businesses or undertakings at 1 or more workplaces (Subdivision 3 of Division 3 of Part 5 of the Act).

17Matters to be taken into account in negotiations

For the purposes of sections 52(6) and 56(4) of the Act, negotiations for and determination of work groups and variation of agreements concerning work groups must take into account all relevant matters, including the following—

• (a)

  the number of workers,

• (b)

  the views of workers in relation to the determination and variation of work groups,

• (c)

  the nature of each type of work carried out by the workers,

• (d)

  the number and grouping of workers who carry out the same or similar types of work,

• (e)

  the areas or places where each type of work is carried out,

• (f)

  the extent to which any worker must move from place to place while at work,

• (g)

  the diversity of workers and their work,

• (h)

  the nature of any hazards at the workplace or workplaces,

• (i)

  the nature of any risks to health and safety at the workplace or workplaces,

• (j)

  the nature of the engagement of each worker, for example as an employee or as a contractor,

• (k)

  the pattern of work carried out by workers, for example whether the work is full-time, part-time, casual or short-term,

• (l)

  the times at which work is carried out,

• (m)

  any arrangements at the workplace or workplaces relating to overtime or shift work.

Division 2Health and safety representatives18Procedures for election of health and safety representatives(1)

This clause sets out minimum procedural requirements for the election of a health and safety representative for a work group for the purposes of section 61(2) of the Act.

(2)

The person conducting the election must take all reasonable steps to ensure that the following procedures are complied with—

• (a)

  each person conducting a business or undertaking in which a worker in the work group works is informed of the date on which the election is to be held as soon as practicable after the date is determined,

• (b)

  all workers in the work group are given an opportunity to—

  • (i)

    nominate for the position of health and safety representative, and

  • (ii)

    vote in the election,

• (c)

  all workers in the work group and all relevant persons conducting a business or undertaking are informed of the outcome of the election.

19Person conducting business or undertaking must not delay election

A person conducting a business or undertaking at a workplace must not unreasonably delay the election of a health and safety representative.

Maximum penalty—

• (a)

  for an individual—43 penalty units, or

• (b)

  for a body corporate—217 penalty units.

cl 19: Am 2023 No 34, Sch 2[2].

20Removal of health and safety representatives(1)

For the purposes of section 64(2)(d) of the Act, the majority of the members of a work group may remove a health and safety representative for the work group if the members sign a written declaration that the health and safety representative should no longer represent the work group.

(2)

A member of the work group nominated by the members who signed the declaration must, as soon as practicable—

• (a)

  inform the following persons of the removal of the health and safety representative—

  • (i)

    the health and safety representative who has been removed,

  • (ii)

    each person conducting a business or undertaking in which a worker in the work group works, and

• (b)

  take all reasonable steps to inform all members of the work group of the removal.

(3)

The removal of the health and safety representative takes effect when the persons referred to in subclause (2)(a) and the majority of members of the work group have been informed of the removal.

21Training for health and safety representatives(1)

For the purposes of section 72(1) of the Act, a health and safety representative is entitled to attend the following courses of training in work health and safety—

• (a)

  an initial course of training of 5 days,

• (b)

  1 day’s refresher training each year, with the entitlement to the first refresher training commencing 1 year after the initial training.

(2)

In approving a course of training in work health and safety for the purposes of section 72(1) of the Act, the regulator may have regard to any relevant matters, including—

• (a)

  the content and quality of the curriculum, including its relevance to the powers and functions of a health and safety representative, and

• (b)

  the qualifications, knowledge and experience of the person who is to provide the course.

(3)

The regulator may revoke or vary an approval under this clause.

(4)

The regulator may impose conditions on an approval under this clause and may vary those conditions.

Note.

This clause prescribes courses of training to which a health and safety representative is entitled. In addition to these courses, the health and safety representative and the person conducting the business or undertaking may agree that the representative will attend or receive further training.

Part 2.2Issue resolution22Agreed procedure—minimum requirements(1)

This clause sets out minimum requirements for an agreed procedure for issue resolution at a workplace.

(2)

The agreed procedure for issue resolution at a workplace must include the steps set out in clause 23.

(3)

A person conducting a business or undertaking at a workplace must ensure that the agreed procedure for issue resolution at the workplace—

• (a)

  complies with subclause (2), and

• (b)

  is set out in writing, and

• (c)

  is communicated to all workers to whom the agreed procedure applies.

Maximum penalty—

• (a)

  for an individual—43 penalty units, or

• (b)

  for a body corporate—217 penalty units.

cl 22: Am 2023 No 34, Sch 2[2].

23Default procedure(1)

This clause sets out the default procedure for issue resolution for the purposes of section 81(2) of the Act.

(2)

Any party to the issue may commence the procedure by informing each other party—

• (a)

  that there is an issue to be resolved, and

• (b)

  the nature and scope of the issue.

(3)

As soon as parties are informed of the issue, all parties must meet or communicate with each other to attempt to resolve the issue.

(4)

The parties must have regard to all relevant matters, including the following—

• (a)

  the degree and immediacy of risk to workers or other persons affected by the issue,

• (b)

  the number and location of workers and other persons affected by the issue,

• (c)

  the measures (both temporary and permanent) that must be implemented to resolve the issue,

• (d)

  who will be responsible for implementing the resolution measures.

(5)

A party may, in resolving the issue, be assisted or represented by a person nominated by the party.

(6)

If the issue is resolved, details of the issue and its resolution must be set out in a written agreement if any party to the issue requests this.

Note.

Under the Act, parties to an issue include not only a person conducting a business or undertaking, a worker and a health and safety representative, but also representatives of these persons (see section 80 of the Act).

(7)

If a written agreement is prepared all parties to the issue must be satisfied that the agreement reflects the resolution of the issue.

(8)

A copy of the written agreement must be given to—

• (a)

  all parties to the issue, and

• (b)

  if requested, to the health and safety committee for the workplace.

(9)

To avoid doubt, nothing in this procedure prevents a worker from bringing a work health and safety issue to the attention of the worker’s health and safety representative.

Part 2.3Cessation of unsafe work24Continuity of engagement of worker

For the purposes of section 88 of the Act, the prescribed purposes are the assessment of eligibility for, or the calculation of benefits for, any benefit or entitlement associated with the worker’s engagement, including 1 or more of the following—

• (a)

  remuneration and promotion, as affected by seniority,

• (b)

  superannuation benefits,

• (c)

  leave entitlements,

• (d)

  any entitlement to notice of termination of the engagement.

Part 2.4Workplace entry by WHS entry permit holders25Training requirements for WHS entry permits(1)

The prescribed training for the purposes of sections 131 and 133 of the Act is training, that is provided or approved by the regulator, in relation to the following—

• (a)

  the right of entry requirements under Part 7 of the Act,

• (b)

  the issue resolution requirements under the Act and this Regulation,

• (c)

  the duties under, and the framework of, the Act and this Regulation,

• (d)

  the requirements for the management of risks under section 17 of the Act,

• (e)

  the meaning of reasonably practicable as set out in section 18 of the Act,

• (f)

  the relationship between the Act and this Regulation and the Fair Work Act and the Industrial Relations Act 1996.

(2)

The training must include providing the participant with information about the availability of any guidance material published by the regulator in relation to the Act and this Regulation.

(3)

For the purpose of approving training, the regulator may have regard to any relevant matters, including—

• (a)

  the content and quality of the curriculum, including its relevance to the powers and functions of a WHS permit holder, and

• (b)

  the qualifications, knowledge and experience of the person who is to provide the training.

(4)

The regulator may revoke or vary an approval under this clause.

(5)

The regulator may impose conditions on an approval under this clause and may vary those conditions.

26Form of WHS entry permit

A WHS entry permit must include the following—

• (a)

  the section of the Act under which the WHS entry permit is issued,

• (b)

  the full name of the WHS entry permit holder,

• (c)

  the name of the union that the WHS entry permit holder represents,

• (d)

  a statement that the WHS entry permit holder is entitled, while the WHS entry permit is in force, to exercise the rights given to the WHS entry permit holder under the Act,

• (e)

  the date of issue of the WHS entry permit,

• (f)

  the expiry date for the WHS entry permit,

• (g)

  the signature of the WHS entry permit holder,

• (h)

  any conditions on the WHS entry permit.

27Notice of entry—general

A notice of entry under Part 7 of the Act must—

• (a)

  be written, and

• (b)

  include the following—

  • (i)

    the full name of the WHS entry permit holder,

  • (ii)

    the name of the union that the WHS entry permit holder represents,

  • (iii)

    the section of the Act under which the WHS entry permit holder is entering or proposing to enter the workplace,

  • (iv)

    the name and address of the workplace entered or proposed to be entered,

  • (v)

    the date of entry or proposed entry,

  • (vi)

    the additional information and other matters required under clause 28, 29 or 30 (as applicable).

28Additional requirements—entry under Part 7, Division 2

A notice of entry under section 119 of the Act in relation to an entry under the Act, Part 7, Division 2 must also include the following—

• (a)

  so far as is practicable, the particulars of the suspected contravention to which the notice relates,

• (b)

  a declaration stating—

  • (i)

    that the union is entitled to represent the industrial interests of a worker who carries out work at the workplace entered and is a member, or eligible to be a member, of that union, and

  • (ii)

    the provision in the union’s rules that entitles the union to represent the industrial interests of that worker, and

  • (iii)

    that the suspected contravention relates to, or affects, that worker.

Note.

Section 130 of the Act provides that a WHS entry permit holder is not required to disclose the name of any worker to the person conducting the business or undertaking, and may do so only with the consent of the worker.

cl 28: Am 2022 (551), Sch 1[3] [4].

29Additional requirements—entry under section 120

A notice of entry under section 120 of the Act in relation to an entry under that section must also include the following—

• (a)

  so far as is practicable, the particulars of the suspected contravention to which the notice relates,

• (b)

  a description of the employee records and other documents, or of the classes of records and documents, directly relevant to the suspected contravention, that are proposed to be inspected,

• (c)

  a declaration stating—

  • (i)

    that the union is entitled to represent the industrial interests of a worker who is a member, or eligible to be a member, of that union, and

  • (ii)

    the provision in the union’s rules that entitles the union to represent the industrial interests of that worker, and

  • (iii)

    that the suspected contravention relates to, or affects, that worker, and

  • (iv)

    that the records and documents proposed to be inspected relate to that contravention.

Note.

Section 130 of the Act provides that a WHS entry permit holder is not required to disclose the name of any worker to the person conducting the business or undertaking, and may do so only with the consent of the worker.

30Additional requirements—entry under section 121

A notice of entry under section 122 of the Act in relation to an entry under section 121 must also include a declaration stating—

• (a)

  that the union is entitled to represent the industrial interests of a worker who carries out work at the workplace proposed to be entered and is a member, or eligible to be a member, of that union, and

• (b)

  the provision in the union’s rules that entitles the union to represent the industrial interests of that worker.

Note.

Section 130 of the Act provides that a WHS entry permit holder is not required to disclose the name of any worker to the person conducting the business or undertaking, and may do so only with the consent of the worker.

31Register of WHS entry permit holders

For the purposes of section 151 of the Act, the authorising authority must publish on its website—

• (a)

  an up-to-date register of WHS entry permit holders, and

• (b)

  the date on which the register was last updated.

Note.

The authorising authority in NSW is the Industrial Relations Commission—see section 4 of the Act.

Chapter 3General risk and workplace managementPart 3.1Managing risks to health and safety32Application of Part 3.1

This Part applies to a person conducting a business or undertaking who has a duty under this Regulation to manage risks to health and safety.

33Specific requirements must be complied with

Any specific requirements under this Regulation for the management of risk must be complied with when implementing the requirements of this Part.

Examples.

A requirement not to exceed an exposure standard.

A duty to implement a specific control measure.

A duty to assess risk.

34Duty to identify hazards

A duty holder, in managing risks to health and safety, must identify reasonably foreseeable hazards that could give rise to risks to health and safety.

35Managing risks to health and safety

A duty holder, in managing risks to health and safety, must—

• (a)

  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—minimise those risks so far as is reasonably practicable.

36Hierarchy of control measures(1)

This clause applies if it is not reasonably practicable for a duty holder to eliminate risks to health and safety.

(2)

A duty holder, in minimising risks to health and safety, must implement risk control measures in accordance with this clause.

(3)

The duty holder must minimise risks, so far as is reasonably practicable, by doing 1 or more of the following—

• (a)

  substituting (wholly or partly) the hazard giving rise to the risk with something that gives rise to a lesser risk,

• (b)

  isolating the hazard from any person exposed to it,

• (c)

  implementing engineering controls.

(4)

If a risk then remains, the duty holder must minimise the remaining risk, so far as is reasonably practicable, by implementing administrative controls.

• (a)

  tests of the effectiveness of the control measures, and

• (b)

  indicators of the failure of any control measure, and

• (c)

  actions to be taken in reporting any such failure, and

• (d)

  other corrective actions to be taken in the event of any such failure.

8Audit

Provision for the auditing of performance against the performance standards, including the methods, frequency and results of the audit process.

Schedule 18Additional matters to be included in safety case for a major hazard facility

(Clause 561)

Part 1Facility description1The facility1.1

A brief description of the nature of the facility and its operation, including a description of on-site activities and processes that involve or will involve Schedule 15 chemicals.

1.2

A description of the Schedule 15 chemicals and any other hazardous chemicals present or likely to be present at the facility, including—

• (a)

  their identification by name and by any other means necessary for a clear identification, and

• (b)

  the quantity present or likely to be present at the major hazard facility, and

• (c)

  their physical, chemical and toxicological characteristics, and any other hazardous characteristics, both immediate and delayed, and

• (d)

  their physical and chemical behaviour under normal conditions of use or under foreseeable abnormal conditions.

1.3

A description of the chemical and physical processes associated with any Schedule 15 chemicals present or likely to be present at the facility, including—

• (a)

  the main units of plant used in those processes, and

• (b)

  a process flow drawing, or set of flow drawings, describing the processes.

1.4

A drawing of the major hazard facility’s general layout, containing the location of—

• (a)

  the main process units, and

• (b)

  the main storage areas, and

• (c)

  major incident hazards and major incident initiators.

1.5

In relation to proposed changes at the major hazard facility for which no new control measures are implemented—

• (a)

  a description of any proposed changes to the major hazard facility that would—

  • (i)

    alter the production capacity or profile of the major hazard facility, or

  • (ii)

    involve the deletion, addition or modification of any processes, and

• (b)

  a statement as to how existing control measures and WHS management systems are capable of maintaining the safe operation of the major hazard facility.

2The surrounding area2.1

A detailed scale plan of the facility and its surrounding area showing—

• (a)

  the location of the facility within the surrounding area, and

• (b)

  topographical information, and

• (c)

  land use, occupancy and activities in the surrounding area and any other closely located major hazard facilities and hazardous chemical storage sites, and

• (d)

  the location of any identified external conditions (including other major hazard facilities or other facilities that could affect the safety of the major hazard facility).

2.2

Graphically presented demographic information for the local community, including surrounding land uses permitted by the local authority.

2.3

Meteorological data relevant to the estimation of the effects of any major incident.

Part 2Safety information3Control measures to limit the consequences of major incidents3.1

A detailed description of—

• (a)

  the instrumentation and other equipment installed in the facility and the processes and procedures in place that are the control measures to be implemented by the operator, and

• (b)

  the critical operating parameters for those control measures, and

• (c)

  key personnel and resources (internal and external) available to intervene in the event of any failure of a control measure, whether or not that failure results in a major incident, and

• (d)

  a summary of the emergency plan, including specific information about how the plan can be expected to limit the consequences of a major incident, and

• (e)

  the means of ensuring that there is at all times in place a command structure for the major hazard facility that applies in the event of an emergency, and that this command structure has been communicated to workers throughout the major hazard facility.

3.2

In item 3.1—

critical operating parameters means the upper or lower performance limits of any equipment, process or procedure, compliance with which is necessary to avoid a major incident.

failure of a control measure means—

• (a)

  if the control measure is a positive action or event—the non-occurrence or the defective occurrence of that action or event, or

• (b)

  if the control measure consists of a limitation on an operational activity, process or procedure—the breach of that limitation.

4Performance monitoring

A detailed description of the performance standards and performance indicators required by item 7 of Schedule 17 to be included in the safety management system.

5Safety management system5.1

At all points in the safety case where the matter addressed is covered by the safety management system, a clear reference to the relevant part of the documented safety management system.

5.2

A description of those parts of the documented safety management system that address the ongoing effective implementation and ongoing review and revision of the safety management system.

6Safety and reliability of facility structures and plant

A description of the steps taken to ensure that safety and reliability are incorporated into the design and construction of all aspects of the major hazard facility itself, whether the operator is directly engaged in the design and construction or has engaged another person to carry out the design and construction.

7Major incident history

A summary of the major incidents that have occurred at the major hazard facility over the previous 5 years.

Schedule 18APenalty notice offences1Application of schedule(1)

For the Act, section 243—

• (a)

  each offence created by a provision specified in this schedule is an offence for which a penalty notice may be issued, and

• (b)

  the amount payable for the penalty notice is the amount specified opposite the provision.

(2)

If the provision is qualified by words that restrict its operation to limited kinds of offences or to offences committed in limited circumstances, the penalty notice may be issued only for—

• (a)

  that limited kind of offence, or

• (b)

  an offence committed in those limited circumstances.

Offences under the Act

Provision	Penalty—individuals	Penalty—body corporates
Section 38(1)	$1,500	$7,450
Sections 38(7), 75(1), 97(1), 210(1) and (2) and 273	$750	$3,750
Sections 43(1) and (2), 70(1)(c)–(e) and (2), 72(7), 79(3) and (4) and 193	$900	$4,500
Section 74(1)	$300	$1,500

Offences under this regulation

Provision	Penalty—individuals	Penalty—body corporates
Clauses 22(3), 46(2)–(4), 50(3), 66(2) and (5), 68(1), 77(5), 85(1)–(3), 149(1), 150(1) and (2), 165(1), 182(4), 184B, 184C(1), 213(1), 224(1) and (2), 253, 254, 295(1), 296, 298(1), 301, 302, 303(3), 304(2)–(4), 308, 312, 313(3), 316, 346(3), 347(3), 372(1), 387(2), 388(2) and (3), 403(1), 409(1), 415(2), 425(1) and (2), 426, 427(1) and (2), 429(5), 432(5), 438(1) and (2), 446(1) and (3), 451(5), 464(3), 465(1)–(3), 466(1) and (3), 482(3), 529, 529CC(3), 529G(2), 529H(1), 529I(2), 529J, 557(8), 560 and 567(4)	$550	$2,700
Clauses 40, 41(1) and (2), 42(1) and (2), 48(2), 50(1), 55(2), 67(4), 69, 72(1) and (2), 78(3) and (4), 79(2), 80(2)–(4), 142B, 142C, 154, 155(1) and (2), 156, 159, 160, 164(2), 166(1) and (2), 184O(1), 184Q, 184R, 184S, 201(2), 202(2), 208(2)–(5), 210(1), 215(4), 218(2), 225(2)–(5), 238(2), 299(1), 306(1) and (3), 309(1), 329, 330(1), (3) and (4), 334, 339(1) and (3), 340(1) and (2), 341(1), 342(1), (2) and (3), 346(1), 347(1), 349(1), 350(1), 356(2), 357(1)–(3), 360, 362(2), 376, 405(1), 406, 413, 415(1), 417(3), 419(1), 434, 435(1) and (3), 437(1) and (2), 442, 449, 450, 458(1) and (3), 459, 463(1), 464(1), 468(2) and (3), 469, 471(1) and (2), 473(2), 474(2)–(4), 475(1) and (2), 476(1) and (2), 477(1), (2) and (4)–(6), 481, 483(1) and (2), 529C, 529CA(1), 529CB(1), 529CC(1) and (2), 529CD(1), 529CE, 529D, 554(1) and (3), 555(1) and (4) and 567(1)–(3)	$900	$4,500
Clauses 50(2), 76(2), 77(2)–(4), 85(4), 94(1), 96, 97, 98(1), 111, 124(1) and (2), 125(1), 126, 127(1), 139, 142(1), 142E(1) and (2), 143I(1), 143J, 143K(1), 143P(1), 143Q(1), 143ZD, 150(3), 165(2), 170, 175(1)–(3), 180, 181(2)–(4), 182(2), (3) and (5), 184J(1) and (2), 184T(1)–(4), 226(1), (3) and (4), 228, 229(1) and (2), 230(1)–(3), 237(2), (4) and (5), 260(3)–(5), 262(1), 273(3) and (4), 275(1), 282(1), 287, 288(1), 303(1), (2) and (4), 304(5), 313(1), (2) and (4), 326(1) and (2), 378(1) and (2), 390(2) and (3), 391(3), 418(1) and (2), 423(2), 444(1) and (2), 445(3) and (4), 461(1) and (2), 505(1), 506(1), 507(1), 512, 513(1), 525, 529CA(4), 529CD(2) and (3), 572(4), 587(1), 588(1), 593, 594(1) and 607	$200	$900
Clause 184U(1) and (2)	$200	—

sch 18A: Am 2017 (554), cl 3 (1) (2); 2019 (545), Sch 1[5] [6]; 2019 (647), Sch 1[6] [7]; 2020 (244), Sch 1[2]; 2020 (457), Sch 1[16] [17]; 2022 (127), Sch 1[2]–[4]; 2022 (611), Sch 1[1]–[5]; 2022 (565), Sch 1[9] [10]. Subst 2024 (288), Sch 1. Am 2024 (265), Sch 1[11] [12]; 2024 (390), Sch 1[9]–[12].

Historical notesTable of amending instruments

Work Health and Safety Regulation 2017 (404). LW 11.8.2017. Date of commencement, 1.9.2017, cl 2. This Regulation has been amended by cl 702C(2) of this Regulation and as follows—

2017	(554)	Work Health and Safety Amendment (Penalty Notices) Regulation 2017. LW 29.9.2017. Date of commencement, 1.11.2017, cl 2.
No 50	Health Practitioner Regulation Amendment Act 2017. Assented to 24.10.2017. Date of commencement of Sch 5.34, 8.1.2018, sec 2 and 2017 (666) LW 1.12.2017.
(691)	Work Health and Safety Amendment (Licence Register) Regulation 2017. LW 8.12.2017. Date of commencement, 29.1.2018, cl 2.
(714)	Work Health and Safety Amendment (Miscellaneous) Regulation 2017. LW 15.12.2017. Date of commencement, 1.1.2018, cl 2.
2018	No 18	Transport Administration Amendment (Sydney Metro) Act 2018. Assented to 23.5.2018. Date of commencement, 1.7.2018, sec 2 and 2018 (275) LW 22.6.2018.
(338)	Work Health and Safety Amendment (Fees) Regulation 2018. LW 29.6.2018. Date of commencement, 1.7.2018, cl 2.
No 59	Emergency Services Legislation Amendment Act 2018. Assented to 26.10.2018. Date of commencement of Sch 5, assent, sec 2 (1).
2019	(267)	Work Health and Safety Amendment (Fees and Model Laws) Regulation 2019. LW 21.6.2019. Date of commencement, 1.7.2019, cl 2. Sch 1 [26] was without effect.
(545)	Work Health and Safety Amendment (Miscellaneous) Regulation 2019. LW 15.11.2019. Date of commencement, on publication on LW, cl 2.
(647)	Work Health and Safety Amendment (Traffic Control Work Training) Regulation 2019. LW 20.12.2019. Date of commencement, 1.7.2020, cl 2.
2020	No 3	Better Regulation and Customer Service Legislation Amendment (Bushfire Relief) Act 2020. Assented to 25.3.2020. Date of commencement, assent, sec 2.
No 10	Work Health and Safety Amendment (Review) Act 2020. Assented to 10.6.2020. Date of commencement, assent, sec 2.
(244)	Work Health and Safety Amendment (Silica) Regulation 2020. LW 5.6.2020. Date of commencement, 1.7.2020, cl 2.
(457)	Work Health and Safety Amendment (Miscellaneous) Regulation 2020. LW 7.8.2020. Date of commencement, on publication on LW, cl 2.
(754)	Work Health and Safety Amendment (Digital Induction Training Cards) Regulation 2020. LW 18.12.2020. Date of commencement, on publication on LW, cl 2.
(755)	Work Health and Safety Amendment (GHS Labelling) Regulation 2020. LW 18.12.2020. Date of commencement, on publication on LW, cl 2.
2022	(295)	Work Health and Safety Amendment (Licences in Digital Form) Regulation 2022. LW 17.6.2022. Date of commencement, on publication on LW, sec 2.
(127)	Work Health and Safety Amendment (Food Delivery Riders) Regulation 2022. LW 1.4.2022. Date of commencement of Sch 1[1], except to the extent that it inserts cll 184R–184U, and [2], 1.7.2022, sec 2(2). Date of commencement of Sch 1[1], to the extent that it inserts clauses 184R–184U, [3] and [4], 1.1.2023, sec 2(1).
(551)	Work Health and Safety Amendment Regulation 2022. LW 16.9.2022. Date of commencement of Sch 1[1] and [5], 1.10.2022, sec 2(a); date of commencement of Sch 1[2]–[4] and [12], on publication on LW, sec 2(c); date of commencement of Sch 1[6]–[11], 1.12.2022, sec 2(b).
(565)	Work Health and Safety Amendment (Demolition Licensing) Regulation 2022. LW 23.9.2022. Date of commencement of Sch 1, except Sch 1[3] to the extent it inserts cl 142D, 1.3.2023, sec 2(b); date of commencement of Sch 1[3], to the extent that it inserts cl 142D, 1.3.2025, sec 2(a). Amended by Work Health and Safety Amendment (Demolition Licensing) Regulation 2023. LW 10.2.2023. Date of commencement, on publication on LW, sec 2.
(611)	Work Health and Safety Amendment (Penalty Notices) Regulation 2022. LW 14.10.2022. Date of commencement, on publication on LW, sec 2.
2023	No 34	Work Health and Safety Amendment Act 2023. Assented to 24.10.2023. Date of commencement of Sch 2[1] and [6], 6 months after assent (i.e. 25.4.2024), sec 2(a); date of commencement of Sch 2[2]–[4], 1.7.2024, sec 2(b); date of commencement of Sch 2[5], assent, sec 2(c).
2024	(225)	Work Health and Safety Amendment (Notification of Silicosis Cases and Deaths) Regulation 2024. LW 21.6.2024. Date of commencement, on publication on LW, sec 2.
(265)	Work Health and Safety Amendment (Engineered Stone) Regulation 2024. LW 28.6.2024. Date of commencement, immediately after the commencement of Work Health and Safety Amendment (Penalty Notices) Regulation 2024 (ie 1.7.2024), sec 2.
(288)	Work Health and Safety Amendment (Penalty Notices) Regulation 2024. LW 1.7.2024. Date of commencement, on publication on LW, sec 2.
(390)	Work Health and Safety Amendment (Crystalline Silica Substances) Regulation 2024. LW 16.8.2024. Date of commencement, 1.9.2024, sec 2.
2025	No 48	Statute Law (Miscellaneous Provisions) Act 2025. Assented to 15.8.2025. Date of commencement of Sch 2.20, assent, sec 2(e).

Table of amendments

Cl 5	Am 2017 No 50, Sch 5.34; 2017 (714), Sch 1 [1]; 2018 No 18, Sch 2.23; 2019 (267), Sch 1 [1]–[6]; 2020 (754), Sch 1[1] [2]; 2020 (755), Sch 1[1]–[3]; 2022 (551), Sch 1[1]; 2022 (565), Sch 1[1] [2]; 2023 No 34, Sch 2[1]; 2024 (265), Sch 1[1]; 2024 (390), Sch 1[1]–[3]; 2025 No 48, Sch 2.20[1] [2].
Cl 10	Am 2019 (267), Sch 1 [7].
Cl 15	Am 2022 (551), Sch 1[2].
Cl 19	Am 2023 No 34, Sch 2[2].
Cl 22	Am 2023 No 34, Sch 2[2].
Cl 28	Am 2022 (551), Sch 1[3] [4].
Cl 39	Am 2023 No 34, Sch 2[3].
Cl 40	Am 2023 No 34, Sch 2[3].
Cl 41	Am 2023 No 34, Sch 2[3].
Cl 42	Am 2023 No 34, Sch 2[3].
Cl 43	Am 2023 No 34, Sch 2[3].
Cl 44	Am 2023 No 34, Sch 2[3].
Cl 45	Am 2023 No 34, Sch 2[3].
Cl 46	Am 2023 No 34, Sch 2[2].
Cl 47	Am 2023 No 34, Sch 2[2].
Cl 48	Am 2023 No 34, Sch 2[3].
Cl 49	Am 2023 No 34, Sch 2[3].
Cl 50	Am 2023 No 34, Sch 2[2]– [4].
Cl 53	Am 2023 No 34, Sch 2[3].
Cl 55	Am 2023 No 34, Sch 2[3].
Chapter 3, Part 3.2, Div 11	Ins 2022 (551), Sch 1[5].
Cl 55A	Ins 2022 (551), Sch 1[5].
Cl 55B	Ins 2022 (551), Sch 1[5].
Cl 55C	Ins 2022 (551), Sch 1[5].
Cl 55D	Ins 2022 (551), Sch 1[5].
Cl 57	Am 2023 No 34, Sch 2[3].
Cl 58	Am 2023 No 34, Sch 2[3].
Cl 59	Am 2023 No 34, Sch 2[3].
Cl 61	Am 2023 No 34, Sch 2[3].
Cl 64	Am 2023 No 34, Sch 2[3].
Cl 65	Am 2023 No 34, Sch 2[3].
Cl 66	Am 2023 No 34, Sch 2[2] [4]
Cl 67	Am 2023 No 34, Sch 2[3].
Cl 68	Am 2023 No 34, Sch 2[2].
Cl 69	Am 2023 No 34, Sch 2[3].
Cl 70	Am 2023 No 34, Sch 2[2].
Cl 71	Am 2023 No 34, Sch 2[3].
Cl 72	Am 2023 No 34, Sch 2[3].
Cl 73	Am 2023 No 34, Sch 2[3].
Cl 74	Am 2023 No 34, Sch 2[3].
Cl 75	Am 2023 No 34, Sch 2[3].
Cl 76	Am 2023 No 34, Sch 2[3] [4].
Cl 77	Am 2023 No 34, Sch 2[2] [4].
Cl 78	Am 2023 No 34, Sch 2[3].
Cl 79	Am 2023 No 34, Sch 2[3].
Cl 80	Am 2023 No 34, Sch 2[3].
Cl 84	Am 2023 No 34, Sch 2[3].
Cl 85	Am 2023 No 34, Sch 2[2] [4].
Cl 94	Am 2023 No 34, Sch 2[4].
Cl 96	Am 2019 (267), Sch 1 [8]; 2023 No 34, Sch 2[4].
Cl 97	Am 2023 No 34, Sch 2[4].
Cl 98	Am 2019 (267), Sch 1 [8]; 2023 No 34, Sch 2[4].
Cl 111	Am 2023 No 34, Sch 2[4].
Cl 124	Am 2023 No 34, Sch 2[4].
Cl 125	Am 2023 No 34, Sch 2[4].
Cl 126	Am 2023 No 34, Sch 2[4].
Cl 127	Am 2019 (267), Sch 1 [8]; 2023 No 34, Sch 2[4].
Cl 139	Am 2023 No 34, Sch 2[4].
Cl 142	Am 2023 No 34, Sch 2[4].
Part 4.6	Subst 2022 (565), Sch 1[3].
Part 4.6, Div 1	Subst 2022 (565), Sch 1[3].
Cl 141A	Ins 2022 (565), Sch 1[3].
Part 4.6, Div 2	Subst 2022 (565), Sch 1[3].
Cl 142	Subst 2022 (565), Sch 1[3]. Am 2023 No 34, Sch 2[4].
Part 4.6, Div 3	Ins 2022 (565), Sch 1[3].
Cl 142A	Ins 2022 (565), Sch 1[3].
Cl 142B	Ins 2022 (565), Sch 1[3]. Am 2023 No 34, Sch 2[3].
Part 4.6, Div 4	Ins 2022 (565), Sch 1[3].
Cl 142C	Ins 2022 (565), Sch 1[3]. Am 2023 No 34, Sch 2[3].
Cl 142D	Ins 2022 (565), Sch 1[3].
Cl 142E	Ins 2022 (565), Sch 1[3]. Am 2023 No 34, Sch 2[4].
Cl 142F	Ins 2022 (565), Sch 1[3].
Part 4.6, Div 5	Ins 2022 (565), Sch 1[3].
Part 4.6, Div 5, Subdiv 1	Ins 2022 (565), Sch 1[3].
Cl 143	Subst 2022 (565), Sch 1[3].
Cl 143A	Ins 2022 (565), Sch 1[3].
Cl 143B	Ins 2022 (565), Sch 1[3].
Part 4.6, Div 5, Subdiv 2	Ins 2022 (565), Sch 1[3].
Cl 143C	Ins 2022 (565), Sch 1[3].
Cl 143D	Ins 2022 (565), Sch 1[3].
Cl 143E	Ins 2022 (565), Sch 1[3].
Cl 143F	Ins 2022 (565), Sch 1[3].
Part 4.6, Div 5, Subdiv 3	Ins 2022 (565), Sch 1[3].
Cl 143G	Ins 2022 (565), Sch 1[3].
Cl 143H	Ins 2022 (565), Sch 1[3].
Cl 143I	Ins 2022 (565), Sch 1[3]. Am 2023 No 34, Sch 2[4].
Part 4.6, Div 6	Ins 2022 (565), Sch 1[3].
Cl 143J	Ins 2022 (565), Sch 1[3]. Am 2023 No 34, Sch 2[4].
Cl 143K	Ins 2022 (565), Sch 1[3]. Am 2023 No 34, Sch 2[4].
Cl 143L	Ins 2022 (565), Sch 1[3].
Cl 143M	Ins 2022 (565), Sch 1[3] (am 2023 (42), sec 3(1)).
Cl 143N	Ins 2022 (565), Sch 1[3] (am 2023 (42), sec 3(2)).
Cl 143O	Ins 2022 (565), Sch 1[3].
Cl 143P	Ins 2022 (565), Sch 1[3]. Am 2023 No 34, Sch 2[4].
Cl 143Q	Ins 2022 (565), Sch 1[3]. Am 2023 No 34, Sch 2[4].
Cl 143R	Ins 2022 (565), Sch 1[3].
Part 4.6, Div 7	Ins 2022 (565), Sch 1[3].
Cl 143S	Ins 2022 (565), Sch 1[3].
Cl 143T	Ins 2022 (565), Sch 1[3].
Cl 143U	Ins 2022 (565), Sch 1[3].
Cl 143V	Ins 2022 (565), Sch 1[3].
Cl 143W	Ins 2022 (565), Sch 1[3].
Cl 143X	Ins 2022 (565), Sch 1[3].
Part 4.6, Div 8	Ins 2022 (565), Sch 1[3].
Cl 143Y	Ins 2022 (565), Sch 1[3].
Cl 143Z	Ins 2022 (565), Sch 1[3].
Cl 143ZA	Ins 2022 (565), Sch 1[3].
Cl 143ZB	Ins 2022 (565), Sch 1[3].
Cl 143ZC	Ins 2022 (565), Sch 1[3].
Cl 143ZD	Ins 2022 (565), Sch 1[3]. Am 2023 No 34, Sch 2[4].
Cl 143ZE	Ins 2022 (565), Sch 1[3].
Cl 149	Am 2023 No 34, Sch 2[2].
Cl 150	Am 2023 No 34, Sch 2[2] [4].
Cl 151	Am 2023 No 34, Sch 2[2].
Cl 154	Am 2023 No 34, Sch 2[3].
Cl 155	Am 2023 No 34, Sch 2[3].
Cl 156	Am 2023 No 34, Sch 2[3].
Cl 157	Am 2023 No 34, Sch 2[3].
Cl 158	Am 2023 No 34, Sch 2[3].
Cl 159	Am 2023 No 34, Sch 2[3].
Cl 160	Am 2023 No 34, Sch 2[3].
Cl 161	Am 2023 No 34, Sch 2[3].
Cl 162	Am 2023 No 34, Sch 2[2] [4].
Cl 163	Am 2023 No 34, Sch 2[3].
Cl 164	Am 2019 (545), Sch 1[1]; 2023 No 34, Sch 2[3].
Cl 165	Am 2023 No 34, Sch 2[2] [4].
Cl 166	Am 2019 (545), Sch 1[1]; 2023 No 34, Sch 2[3].
Cl 168	Am 2023 No 34, Sch 2[3].
Cl 170	Am 2023 No 34, Sch 2[4].
Cl 171	Am 2019 (267), Sch 1 [9] [10].
Cl 171A	Am 2019 (267), Sch 1 [11] [12].
Cl 173	Am 2019 (267), Sch 1 [13].
Cl 175	Am 2023 No 34, Sch 2[4].
Cl 176	Am 2023 No 34, Sch 2[2] [4].
Cl 177	Am 2023 No 34, Sch 2[3].
Cl 178	Am 2023 No 34, Sch 2[3].
Cl 179	Am 2023 No 34, Sch 2[3].
Cl 180	Am 2023 No 34, Sch 2[4].
Cl 181	Am 2023 No 34, Sch 2[4].
Cl 182	Am 2023 No 34, Sch 2[2] [4].
Cl 183	Am 2019 (267), Sch 1 [3]; 2023 No 34, Sch 2[3].
Cl 184	Am 2019 (267), Sch 1 [3].
Part 4.9, Div 1	Ins 2019 (647), Sch 1[1].
Cl 184A	Ins 2019 (647), Sch 1[1]. Am 2020 (457), Sch 1[1].
Part 4.9, Div 2	Ins 2019 (647), Sch 1[1].
Cl 184B	Ins 2019 (647), Sch 1[1]. Am 2020 (457), Sch 1[2] [3]; 2023 No 34, Sch 2[2].
Cl 184C	Ins 2019 (647), Sch 1[1]. Am 2020 (457), Sch 1[2] [3]; 2023 No 34, Sch 2[2].
Part 4.9, Div 3 (cll 184D–184I)	Ins 2019 (647), Sch 1[1].
Part 4.9, Div 4	Ins 2019 (647), Sch 1[1].
Cl 184J	Ins 2019 (647), Sch 1[1]. Am 2020 (457), Sch 1[4] [5]; 2023 No 34, Sch 2[4].
Cl 184K	Ins 2019 (647), Sch 1[1]. Am 2020 (457), Sch 1[2] [3]; 2023 No 34, Sch 2[2].
Part 4.9, Div 5	Ins 2019 (647), Sch 1[1].
Cll 184L, 184M	Ins 2019 (647), Sch 1[1].
Cl 184N	Ins 2019 (647), Sch 1[1]. Am 2020 (457), Sch 1[6] [7].
Part 4.10	Ins 2020 (244), Sch 1[1]. Rep 2024 (265), Sch 1[2].
Cl 184O	Ins 2020 (244), Sch 1[1]. Am 2020 (457), Sch 1[5] [8]; 2023 No 34, Sch 2[3]. Rep 2024 (265), Sch 1[2].
Part 4.11	Ins 2022 (127), Sch 1[1].
Cl 184P	Ins 2022 (127), Sch 1[1].
Cl 184Q	Ins 2022 (127), Sch 1[1]. Am 2023 No 34, Sch 2[3].
Cl 184R	Ins 2022 (127), Sch 1[1]. Am 2023 No 34, Sch 2[3].

Cl 184S	Ins 2022 (127), Sch 1[1]. Am 2023 No 34, Sch 2[3].
Cl 184T	Ins 2022 (127), Sch 1[1]. Am 2023 No 34, Sch 2[4].
Cl 184U	Ins 2022 (127), Sch 1[1]. Am 2023 No 34, Sch 2[4] [5].
Cl 187	Am 2023 No 34, Sch 2[2].
Cl 188	Am 2023 No 34, Sch 2[2].
Cl 189	Am 2023 No 34, Sch 2[3].
Cl 190	Am 2023 No 34, Sch 2[3].
Cl 191	Am 2023 No 34, Sch 2[3].
Cl 192	Am 2023 No 34, Sch 2[3].
Cl 193	Am 2023 No 34, Sch 2[3].
Cl 194	Am 2023 No 34, Sch 2[3].
Cl 195	Am 2023 No 34, Sch 2[2].
Cl 196	Am 2023 No 34, Sch 2[2].
Cl 197	Am 2023 No 34, Sch 2[3].
Cl 198	Am 2023 No 34, Sch 2[2].
Cl 199	Am 2023 No 34, Sch 2[3].
Cl 200	Am 2023 No 34, Sch 2[2].
Cl 201	Am 2023 No 34, Sch 2[3].
Cl 202	Am 2023 No 34, Sch 2[3].
Cl 204	Am 2023 No 34, Sch 2[3].
Cl 205	Am 2023 No 34, Sch 2[3].
Cl 206	Am 2023 No 34, Sch 2[3].
Cl 207	Am 2023 No 34, Sch 2[3].
Cl 208	Am 2023 No 34, Sch 2[3].
Cl 209	Am 2023 No 34, Sch 2[3].
Cl 210	Am 2023 No 34, Sch 2[3].
Cl 211	Am 2023 No 34, Sch 2[3].
Cl 212	Am 2023 No 34, Sch 2[3].
Cl 213	Am 2023 No 34, Sch 2[2].
Cl 215	Am 2023 No 34, Sch 2[3].
Cl 216	Am 2023 No 34, Sch 2[3].
Cl 218	Am 2023 No 34, Sch 2[3].
Cl 219	Am 2023 No 34, Sch 2[3].
Cl 222	Am 2023 No 34, Sch 2[3].
Cl 223	Am 2020 (755), Sch 1[4]; 2023 No 34, Sch 2[3].
Cl 224	Am 2023 No 34, Sch 2[2].
Cl 225	Am 2023 No 34, Sch 2[3].
Cl 226	Am 2023 No 34, Sch 2[4].
Cl 228	Am 2023 No 34, Sch 2[4].
Cl 229	Am 2023 No 34, Sch 2[4].
Cl 230	Am 2023 No 34, Sch 2[4].
Cl 231	Am 2023 No 34, Sch 2[3].
Cl 232	Am 2023 No 34, Sch 2[3].
Cl 233	Am 2023 No 34, Sch 2[3].
Cl 234	Am 2023 No 34, Sch 2[3].
Cl 235	Am 2023 No 34, Sch 2[2].
Cl 236	Am 2023 No 34, Sch 2[2].
Cl 237	Am 2023 No 34, Sch 2[4].
Cl 238	Am 2022 (551), Sch 1[6]; 2023 No 34, Sch 2[3].
Cl 239	Am 2023 No 34, Sch 2[2].
Cl 240	Am 2023 No 34, Sch 2[3].
Cl 241	Am 2023 No 34, Sch 2[3].
Cl 242	Am 2022 (551), Sch 1[7]–[11]; 2023 No 34, Sch 2[4].
Cl 253	Am 2023 No 34, Sch 2[2].
Cl 254	Am 2023 No 34, Sch 2[2].
Cl 260	Am 2023 No 34, Sch 2[4].
Cl 262	Am 2023 No 34, Sch 2[4].
Cl 272	Subst 2020 (457), Sch 1[9].
Cl 272A	Ins 2020 (457), Sch 1[10].
Cl 273	Am 2023 No 34, Sch 2[4].
Cl 275	Am 2023 No 34, Sch 2[4].
Cl 279	Am 2020 (457), Sch 1[11].
Cl 282	Am 2023 No 34, Sch 2[4].
Cl 287	Am 2023 No 34, Sch 2[4].
Cl 288	Am 2019 (267), Sch 1 [8]; 2023 No 34, Sch 2[4].
Cl 288D	Am 2023 No 34, Sch 2[4].
Cl 294	Am 2023 No 34, Sch 2[2].
Cl 295	Am 2023 No 34, Sch 2[2].
Cl 296	Am 2023 No 34, Sch 2[2].
Cl 298	Am 2023 No 34, Sch 2[2].
Cl 299	Am 2023 No 34, Sch 2[3].
Cl 300	Am 2023 No 34, Sch 2[3].
Cl 301	Am 2023 No 34, Sch 2[2].
Cl 302	Am 2023 No 34, Sch 2[2].
Cl 303	Am 2023 No 34, Sch 2[2] [4].
Cl 304	Am 2023 No 34, Sch 2[2] [4].
Cl 306	Am 2023 No 34, Sch 2[3].
Cl 308	Am 2023 No 34, Sch 2[2].
Cl 309	Am 2023 No 34, Sch 2[3].
Cl 310	Am 2023 No 34, Sch 2[2].
Cl 311	Am 2023 No 34, Sch 2[2].
Cl 312	Am 2023 No 34, Sch 2[2].
Cl 313	Am 2023 No 34, Sch 2[2] [4].
Cl 314	Am 2023 No 34, Sch 2[3].
Cl 316	Am 2023 No 34, Sch 2[2].
Cl 317	Am 2023 No 34, Sch 2[2].
Part 6.5, Div 2A (cll 325A–325E)	Ins 2020 (754), Sch 1[3].
Cl 326	Am 2023 No 34, Sch 2[4].
Cl 327	Am 2023 No 34, Sch 2[2].
Cl 328	Am 2019 (267), Sch 1 [14].
Cl 329	Am 2023 No 34, Sch 2[3].
Cl 330	Am 2023 No 34, Sch 2[3].
Cl 331	Am 2023 No 34, Sch 2[3].
Cl 332	Am 2023 No 34, Sch 2[3].
Cl 333	Am 2023 No 34, Sch 2[3].
Cl 334	Am 2023 No 34, Sch 2[3].
Cl 335	Am 2019 (267), Sch 1 [15]–[17]; 2023 No 34, Sch 2[3].
Cl 336	Am 2023 No 34, Sch 2[2].
Cl 337	Am 2023 No 34, Sch 2[2].
Cl 338	Am 2020 (755), Sch 1[5]; 2023 No 34, Sch 2[2].
Cl 339	Am 2023 No 34, Sch 2[3].
Cl 340	Am 2023 No 34, Sch 2[3] [4].
Cl 341	Am 2019 (267), Sch 1 [18]; 2020 (755), Sch 1[6]; 2023 No 34, Sch 2[3].
Cl 342	Am 2019 (267), Sch 1 [19] [20]; 2020 (755), Sch 1[7] [8]; 2023 No 34, Sch 2[3].
Cl 343	Am 2023 No 34, Sch 2[3].
Cl 344	Am 2023 No 34, Sch 2[2] [3].
Cl 345	Am 2023 No 34, Sch 2[3].
Cl 346	Am 2023 No 34, Sch 2[2] [3].
Cl 347	Am 2023 No 34, Sch 2[2] [3].
Cl 348	Am 2018 (338), Sch 1 [1]; 2023 No 34, Sch 2[3].
Cl 349	Am 2023 No 34, Sch 2[3].
Cl 350	Am 2023 No 34, Sch 2[3].
Cl 352	Am 2023 No 34, Sch 2[3].
Cl 353	Am 2023 No 34, Sch 2[3].
Cl 354	Am 2023 No 34, Sch 2[3].
Cl 355	Am 2023 No 34, Sch 2[3].
Cl 356	Am 2023 No 34, Sch 2[3].
Cl 357	Am 2023 No 34, Sch 2[3].
Cl 358	Am 2023 No 34, Sch 2[3].
Cl 359	Am 2023 No 34, Sch 2[3].
Cl 360	Am 2023 No 34, Sch 2[3].
Cl 361	Am 2023 No 34, Sch 2[3].
Cl 362	Am 2023 No 34, Sch 2[3].
Cl 363	Am 2023 No 34, Sch 2[3].
Cl 364	Am 2023 No 34, Sch 2[4].
Cl 365	Am 2023 No 34, Sch 2[3].
Cl 366	Am 2023 No 34, Sch 2[3].
Cl 367	Am 2023 No 34, Sch 2[3].
Cl 368	Am 2023 No 34, Sch 2[3].
Cl 369	Am 2023 No 34, Sch 2[2].
Cl 370	Am 2023 No 34, Sch 2[3].
Cl 371	Am 2023 No 34, Sch 2[2] [3].
Cl 372	Am 2023 No 34, Sch 2[2].
Cl 373	Am 2023 No 34, Sch 2[2].
Cl 374	Am 2023 No 34, Sch 2[3].
Cl 375	Am 2023 No 34, Sch 2[3].
Cl 376	Am 2023 No 34, Sch 2[3].
Cl 377	Am 2023 No 34, Sch 2[3].
Cl 378	Am 2023 No 34, Sch 2[4].
Cl 379	Am 2023 No 34, Sch 2[3].
Cl 385	Am 2023 No 34, Sch 2[2].
Cl 387	Am 2023 No 34, Sch 2[2].
Cl 388	Am 2023 No 34, Sch 2[2].
Cl 389	Am 2023 No 34, Sch 2[3].
Cl 390	Am 2023 No 34, Sch 2[4].
Cl 391	Am 2023 No 34, Sch 2[3] [4].
Cl 394	Am 2019 (267), Sch 1 [21] [22].
Cl 395	Am 2023 No 34, Sch 2[3].
Cl 396	Am 2023 No 34, Sch 2[3].
Cl 397	Am 2023 No 34, Sch 2[3].
Cl 398	Am 2023 No 34, Sch 2[2] [3].
Cl 399	Am 2023 No 34, Sch 2[3].
Cl 400	Am 2023 No 34, Sch 2[3].
Cl 401	Am 2023 No 34, Sch 2[2].
Cl 402	Am 2023 No 34, Sch 2[3].
Cl 403	Am 2023 No 34, Sch 2[2].
Cl 404	Am 2023 No 34, Sch 2[4].
Cl 405	Am 2023 No 34, Sch 2[3].
Cl 406	Am 2023 No 34, Sch 2[3].
Cl 407	Am 2019 (267), Sch 1 [23]; 2023 No 34, Sch 2[3].
Cl 408	Am 2023 No 34, Sch 2[3].
Cl 409	Am 2023 No 34, Sch 2[2].
Cl 410	Am 2023 No 34, Sch 2[2].
Cl 411	Am 2023 No 34, Sch 2[3].
Cl 412	Am 2023 No 34, Sch 2[3].
Cl 413	Am 2023 No 34, Sch 2[3].
Cl 414	Am 2023 No 34, Sch 2[3].
Cl 415	Am 2019 (267), Sch 1 [24]; 2023 No 34, Sch 2[2] [3].
Cl 416	Am 2023 No 34, Sch 2[3].
Cl 417	Am 2019 (267), Sch 1 [25]; 2019 (545), Sch 1[2]; 2023 No 34, Sch 2[3].
Cl 418	Am 2023 No 34, Sch 2[4].
Cl 419	Am 2023 No 34, Sch 2[6]; 2023 No 34, Sch 2[3].
Cl 420	Am 2023 No 34, Sch 2[3].
Cl 422	Am 2023 No 34, Sch 2[3].
Cl 423	Am 2023 No 34, Sch 2[4].
Cl 424	Am 2023 No 34, Sch 2[3].
Cl 425	Am 2023 No 34, Sch 2[2].
Cl 426	Am 2023 No 34, Sch 2[2].
Cl 427	Am 2023 No 34, Sch 2[2].
Cl 428	Am 2023 No 34, Sch 2[2].
Cl 429	Am 2023 No 34, Sch 2[2] [3].
Cl 430	Am 2023 No 34, Sch 2[2].
Cl 432	Am 2023 No 34, Sch 2[2] [3].
Cl 433	Am 2023 No 34, Sch 2[2].
Cl 434	Am 2023 No 34, Sch 2[3].
Cl 435	Am 2023 No 34, Sch 2[3].
Cl 436	Am 2023 No 34, Sch 2[3].
Cl 437	Am 2023 No 34, Sch 2[3].
Cl 438	Am 2023 No 34, Sch 2[2].
Cl 439	Am 2023 No 34, Sch 2[2].
Cl 440	Am 2023 No 34, Sch 2[3].
Cl 441	Am 2023 No 34, Sch 2[3].
Cl 442	Am 2023 No 34, Sch 2[3].
Cl 443	Am 2023 No 34, Sch 2[3].
Cl 444	Am 2023 No 34, Sch 2[4].
Cl 445	Am 2023 No 34, Sch 2[3] [4].
Cl 446	Am 2023 No 34, Sch 2[2].
Cl 448	Am 2023 No 34, Sch 2[2].
Cl 449	Am 2023 No 34, Sch 2[3].
Cl 450	Am 2023 No 34, Sch 2[3].
Cl 451	Am 2023 No 34, Sch 2[2] [3].
Cl 452	Am 2023 No 34, Sch 2[3].
Cl 453	Am 2023 No 34, Sch 2[3].
Cl 454	Am 2023 No 34, Sch 2[2].
Cl 455	Am 2023 No 34, Sch 2[2].
Cl 456	Am 2023 No 34, Sch 2[3].
Cl 457	Am 2023 No 34, Sch 2[3].
Cl 458	Am 2023 No 34, Sch 2[3].
Cl 459	Am 2023 No 34, Sch 2[3].
Cl 460	Am 2023 No 34, Sch 2[3].
Cl 461	Am 2023 No 34, Sch 2[4].
Cl 462	Am 2023 No 34, Sch 2[3].
Cl 463	Am 2023 No 34, Sch 2[3].
Cl 464	Am 2023 No 34, Sch 2[2] [3].
Cl 465	Am 2023 No 34, Sch 2[2].
Cl 466	Am 2023 No 34, Sch 2[2].
Cl 467	Am 2023 No 34, Sch 2[3].
Cl 468	Am 2023 No 34, Sch 2[3].
Cl 469	Am 2023 No 34, Sch 2[3].
Cl 470	Am 2023 No 34, Sch 2[3].
Cl 471	Am 2023 No 34, Sch 2[3].
Cl 472	Am 2023 No 34, Sch 2[3].
Cl 473	Am 2023 No 34, Sch 2[3].
Cl 474	Am 2023 No 34, Sch 2[3].
Part 8.8, heading	Am 2019 (267), Sch 1 [27].
Cl 475	Am 2019 (267), Sch 1 [28]; 2023 No 34, Sch 2[3].
Cl 476	Am 2023 No 34, Sch 2[3].
Cl 477	Am 2023 No 34, Sch 2[3].
Cl 479	Am 2023 No 34, Sch 2[3].
Cl 480	Am 2023 No 34, Sch 2[3].
Cl 481	Am 2023 No 34, Sch 2[3].
Cl 482	Am 2023 No 34, Sch 2[2] [3].
Cl 483	Am 2023 No 34, Sch 2[3].
Cl 484	Am 2023 No 34, Sch 2[3].
Cl 505	Am 2023 No 34, Sch 2[4].
Cl 506	Am 2023 No 34, Sch 2[4].
Cl 507	Am 2023 No 34, Sch 2[4].
Cl 512	Am 2023 No 34, Sch 2[4].
Cl 513	Am 2019 (267), Sch 1 [8]; 2023 No 34, Sch 2[4].
Cl 525	Am 2023 No 34, Sch 2[4].
Cl 527	Subst 2017 (691), Sch 1 [1].
Cl 528	Subst 2017 (691), Sch 1 [2].
Cl 529	Am 2023 No 34, Sch 2[2].
Chapter 8A, heading	Ins 2024 (265), Sch 1[3]. Am 2024 (390), Sch 1[4].
Chapter 8A	Ins 2024 (265), Sch 1[3].
Part 8A.1	Ins 2024 (265), Sch 1[3].
Cl 529A	Ins 2024 (265), Sch 1[3]. Subst 2024 (390), Sch 1[5].
Cl 529B	Ins 2024 (265), Sch 1[3]. Subst 2024 (390), Sch 1[5].
Cl 529C	Ins 2024 (265), Sch 1[3]. Subst 2024 (390), Sch 1[5].
Cl 529CA	Ins 2024 (390), Sch 1[5].
Cl 529CB	Ins 2024 (390), Sch 1[5].
Cl 529CC	Ins 2024 (390), Sch 1[5].
Cl 529CD	Ins 2024 (390), Sch 1[5].
Cl 529CE	Ins 2024 (390), Sch 1[5].
Part 8A.2	Ins 2024 (265), Sch 1[3].
Cl 529D	Ins 2024 (265), Sch 1[3]. Am 2024 (390), Sch 1[6].
Cl 529E	Ins 2024 (265), Sch 1[3].
Cl 529F	Ins 2024 (265), Sch 1[3].
Part 8A.3	Ins 2024 (265), Sch 1[3].
Cl 529G	Ins 2024 (265), Sch 1[3]. Am 2024 (390), Sch 1[7].
Cl 529H	Ins 2024 (265), Sch 1[3]. Am 2024 (390), Sch 1[7].
Cl 529I	Ins 2024 (265), Sch 1[3]. Am 2024 (390), Sch 1[7].
Cl 529J	Ins 2024 (265), Sch 1[3]. Am 2024 (390), Sch 1[7].
Part 8A.4	Ins 2024 (265), Sch 1[3]. Rep 2024 (390), Sch 1[8].
Cl 529K	Ins 2024 (265), Sch 1[3]. Rep 2024 (390), Sch 1[8].
Part 8A.5	Ins 2024 (265), Sch 1[3]. Rep 2024 (390), Sch 1[8].
Cl 529L	Ins 2024 (265), Sch 1[3]. Rep 2024 (390), Sch 1[8].
Cl 536	Am 2023 No 34, Sch 2[3].
Cl 547	Am 2023 No 34, Sch 2[2].
Cl 548	Am 2023 No 34, Sch 2[2].
Cl 551	Am 2023 No 34, Sch 2[2].
Cl 553	Am 2023 No 34, Sch 2[2].
Cl 554	Am 2023 No 34, Sch 2[3].
Cl 555	Am 2023 No 34, Sch 2[2] [3].
Cl 556	Am 2023 No 34, Sch 2[3].
Cl 557	Am 2023 No 34, Sch 2[2] [3].
Cl 558	Am 2023 No 34, Sch 2[3].
Cl 559	Am 2023 No 34, Sch 2[3].
Cl 560	Am 2023 No 34, Sch 2[2].
Cl 562	Am 2023 No 34, Sch 2[2].
Cl 563	Am 2023 No 34, Sch 2[2].
Cl 564	Am 2023 No 34, Sch 2[3].
Cl 565	Am 2023 No 34, Sch 2[3].
Cl 566	Am 2023 No 34, Sch 2[3].
Cl 567	Am 2023 No 34, Sch 2[2] [3].
Cl 568	Am 2023 No 34, Sch 2[3].
Cl 569	Am 2023 No 34, Sch 2[3].
Cl 570	Am 2023 No 34, Sch 2[2].
Cl 571	Am 2023 No 34, Sch 2[3].
Cl 572	Am 2023 No 34, Sch 2[3] [4].
Cl 573	Am 2023 No 34, Sch 2[3].
Cl 574	Am 2023 No 34, Sch 2[3].
Cl 575	Am 2023 No 34, Sch 2[3].
Cl 576	Am 2023 No 34, Sch 2[2].
Cl 587	Am 2023 No 34, Sch 2[4].
Cl 588	Am 2023 No 34, Sch 2[4].
Cl 593	Am 2023 No 34, Sch 2[4].
Cl 594	Am 2023 No 34, Sch 2[4].
Cl 607	Am 2023 No 34, Sch 2[4].
Cl 676	Am 2019 (647), Sch 1[2]; 2022 (565), Sch 1[4]; 2024 (265), Sch 1[4].
Cl 684	Am 2024 (265), Sch 1[5].
Part 11.2, Div 3A	Ins 2024 (265), Sch 1[6].
Cl 689A	Ins 2024 (265), Sch 1[6].
Cl 689B	Ins 2024 (265), Sch 1[6].
Cl 689C	Ins 2024 (265), Sch 1[6].
Cl 689D	Ins 2024 (265), Sch 1[6].
Cl 689E	Ins 2024 (265), Sch 1[6].
Cl 692	Am 2024 (265), Sch 1[7].
Cl 694	Subst 2024 (265), Sch 1[8].
Cl 695	Subst 2024 (265), Sch 1[8].
Cl 698	Am 2024 (265), Sch 1[9].
Cl 701A	Ins 2020 No 3, Sch 1.32.
Cl 702	Am 2017 (714), Sch 1 [2]; 2018 No 59, Sch 5.1; 2019 (545), Sch 1[3]; 2022 (551), Sch 1[12].
Cl 702AA	Ins 2024 (225), Sch 1.
Cl 702A	Am 2017 (714), Sch 1 [3]; 2019 (545), Sch 1[4]; 2020 (457), Sch 1[12] [13]; 2022 (565), Sch 1[5] [6].
Cl 702B	Ins 2017 (691), Sch 1 [3]. Am 2019 (647), Sch 1[3] [4]; 2022 (565), Sch 1[7].
Cl 702C	Ins 2020 (755), Sch 1[9]. Rep 2017 (404), cl 702C(2).
Cl 702D	Ins 2022 (295), sec 3.
Part 11.4	Ins 2024 (265), Sch 1[10].
Cl 703	Ins 2024 (265), Sch 1[10].
Cl 704	Ins 2024 (265), Sch 1[10].
Cl 705	Ins 2024 (265), Sch 1[10].
Sch 2	Subst 2018 (338), Sch 1 [2]; 2019 (267), Sch 1 [29]. Am 2019 (647), Sch 1[5]; 2022 (565), Sch 1[8].
Sch 3	Am 2019 (267), Sch 1 [30] [31].
Sch 4	Am 2019 (267), Sch 1 [31] [32].
Sch 5	Am 2019 (267), Sch 1 [33] [34]; 2020 (457), Sch 1[14] [15]; 2020 (755), Sch 1[10]–[13].
Sch 6	Am 2020 (755), Sch 1[14]–[18].
Sch 7	Am 2020 (755), Sch 1[19] [20].
Sch 8	Am 2020 (755), Sch 1[21] [22].
Sch 11	Am 2020 (755), Sch 1[23].
Sch 13	Am 2017 (714), Sch 1 [4].
Sch 18A	Am 2017 (554), cl 3 (1) (2); 2019 (545), Sch 1[5] [6]; 2019 (647), Sch 1[6] [7]; 2020 (244), Sch 1[2]; 2020 (457), Sch 1[16] [17]; 2022 (127), Sch 1[2]–[4]; 2022 (611), Sch 1[1]–[5]; 2022 (565), Sch 1[9] [10]. Subst 2024 (288), Sch 1. Am 2024 (265), Sch 1[11] [12]; 2024 (390), Sch 1[9]–[12].
The whole Regulation	Am 2020 No 10, Sch 3[1]–[5], respectively (“$6,000”, “$30,000”, “$18,000”, “$3,600”, “$1,250” omitted wherever occurring in the penalty provisions. “70 penalty units”, “345 penalty units”,“210 penalty units”, “40 penalty units”, “15 penalty units” inserted instead, respectively.