Work Safety Act 2008 (ACT)
Work Safety Act 2008 (repealed)
A2008-51
Republication No 6
Effective: 1 January 2012
Republication date: 1 January 2012
As repealed by A2011-55 s 4 (1)
Unauthorised version prepared by ACT Parliamentary Counsel’s Office
About this republication
The republished law
This is a republication of the Work Safety Act 2008 (repealed) (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)). It also includes any commencement, amendment, repeal or expiry affecting this republished law to 1 January 2012.
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133).
Work Safety Act 2008 (repealed)
Contents
Page
Part 1 Preliminary
1 Name of Act 2
3 Dictionary 2
4 Notes 2
5Offences against Act—application of Criminal Code etc 3
Part 2 Operation of Act
Division 2.1 Objects and important concepts
6 Objects of Act 4
7 Meaning of work safety 5
8 Meaning of risk 5
9 Meaning of worker 5
10 Meaning of employer 6
11 Meaning of business or undertaking 6
12 Meaning of workplace 6
13 Meaning of person in control 6
14 Meaning of manages risk 7
15 Meaning of reasonably practicable steps 8
Division 2.2 Complying with Act
16 Person may have more than 1 duty under Act 9
17 Person not relieved of duty because someone else also has same duty 10
18 Codes of practice 10
19 Approved code of practice and incorporated document may be considered 11
20 Relationship of regulations to approved codes of practice 11
Part 3 Work safety duties
Division 3.1 Duties to manage risk
21 Duty—safe conduct of business or undertaking 12
22 Duty—person in control of premises 13
23 Duty—person in control of plant or system etc 14
24 Duty—person in control of design 14
25 Duties—person in control of manufacture 14
26 Duties—person in control of import and supply 16
27 Duties—worker 17
28 Duty—at workplace 18
Division 3.2 Work safety risks—failure to comply with duties
29 Meaning of safety duty—div 3.2 18
30 Failure to comply with safety duty—general 18
31 Failure to comply with safety duty—negligent exposure to substantial risk of serious harm 18
32 Failure to comply with safety duty—reckless exposure to substantial risk of serious harm 19
33 Failure to comply with safety duty—negligently cause serious harm 20
34 Failure to comply with safety duty—recklessly cause serious harm 20
35 Alternative verdicts for failure to comply with safety duty 21
Division 3.3 Work safety risks—serious events
36 Meaning of serious event—div 3.3 22
37 Meaning of dangerous occurrence 22
38 Notice of serious events 23
39 Records of serious events 24
40 Reporting under other legislation 24
41 Person in control to protect site of occurrence of serious event 24
Division 3.4 Work safety risks—other matters
42 Workers’ right to refuse 25
43 Person in control not to discriminate 25
44 Interfering with safety equipment 26
45 Person not to levy employees 27
Part 4 Workplace arrangements
Division 4.1 Duty of employer to consult
46 Meaning of worker consultation unit 28
47 Duty to consult 28
48 Duty to consult—employer to establish worker consultation units 29
49 Worker consultation unit—how unit established 30
50 Worker consultation unit—election 31
51 Worker consultation unit—changes 31
52 Worker consultation unit—review 32
53 Worker consultation unit—employer to keep records 32
54 Duty to consult—deciding how workers to be consulted 33
55 Duty to consult—director‑general may direct election of work safety committee 34
55A Duty to consult—director‑general may direct election of work safety committee in an industry 34
56 Duty to consult—consulting workers 35
57 Dispute resolution—mechanism 36
Division 4.2 Work safety representative
58 Work safety representative—functions 37
58A Work safety representative—employer obstructing etc 38
58B Work safety representative—access to personal health information 38
59 Work safety representative—protection from liability 39
Division 4.3 Work safety committee
60 Work safety committee—functions 39
60A Work safety committee—protection from liability 39
Division 4.4 Authorised representatives—entry to workplace
61 Definitions—div 4.4 40
62 Authorised representative 40
63 Authorised representative—entry to workplace 41
64 Authorised representative—notice of entry 41
65 Authorised representative—production of authorisation 42
66 Authorised representative—powers available on entry 42
67 Authorised representative—damage etc to be minimised 43
68 Authorised representative—compensation for exercise of function 44
69 Authorised representative—occupier to be told about findings 44
Division 4.5 Authorised representative—offences
70 Authorised representative—offences by registered organisations 45
71 Authorised representative—pretending 46
72 Authorised representative—obstructing etc 46
Part 5 Enforcement powers
Division 5.1 General
73 Definitions—pt 5 47
Division 5.2 General powers of inspectors
74 Power to enter premises 48
75 Premises that are vehicles 49
76 Production of identity card by inspectors 50
77 Consent to entry by inspectors 50
78 General powers of inspectors for premises 51
79 General powers of inspectors for public places 53
80 Offence—contravention of requirement by inspector 53
81 Power to take action to prevent imminent risk 53
82 Report about action to prevent imminent risk 55
83 Recovery of Territory’s costs for action to prevent imminent risk 55
84 Power of entry etc in relation to serious event 56
85 Power to seize things 57
86 Action in relation to seized thing 58
87 Power to destroy unsafe things 59
88 Power to require name and address 60
89 Power to require production of authorisation 60
Division 5.3 Search warrants
90 Warrants generally 61
91 Warrants—application made other than in person 62
92 Search warrants—announcement before entry 64
93 Details of search warrant to be given to occupier etc 64
94 Occupier entitled to be present during search etc 65
95 Moving things to another place for examination or processing under search warrant 65
96 Use of electronic equipment at premises 66
97 Person with knowledge of computer to assist access etc 67
98 Securing electronic equipment 68
99 Copies of seized things to be provided 70
Division 5.4 Return and forfeiture of things seized
100 Receipt for things seized 70
101 Access to things seized 71
102 Return of things seized 72
103 Application for order disallowing seizure 72
104 Order for return of seized thing 73
105 Adjournment pending hearing of other proceedings 73
106 Forfeiture of seized things 74
107 Return of forfeited things 74
108 Cost of disposal of things forfeited 75
Division 5.5 Taking and analysing samples
109 Inspector may buy samples without complying with div 5.5 75
110 Occupier etc to be told sample to be analysed 75
111 Payment for samples 76
112 Samples from packaged substances 76
113 Procedures for dividing samples 76
114 Exceptions to s 113 77
115 Certificates of analysis by authorised analysts 78
Division 5.6 Other enforcement provisions
116 Damage etc to be minimised 78
117 Compensation for exercise of function by inspector 79
Part 6 Compliance measures
Division 6.1 Interpretation—pt 6
118 Meaning of responsible person—pt 6 80
Division 6.2 Information and documents
119 Director‑general may require answers to questions and production of documents 80
120 Compliance with notice to produce 81
121 Failure to attend before director‑general or produce documents 81
122 Attendance before director‑general—offences 82
123 Privileges against self-incrimination and exposure to civil penalties 83
Division 6.3 Compliance agreements
124 Meaning of relevant responsible person—div 6.3 84
125 Inspector may seek compliance agreement 84
126 Term of compliance agreement 85
127 Compliance agreement not admission of fault etc 85
128 Notification and display of compliance agreements 86
129 Compliance agreement not to be removed etc 87
Division 6.4 Improvement notices
130 Meaning of relevant responsible person—div 6.4 87
131 Giving improvement notices 88
132 Contents of improvement notices 88
133 Scope of improvement notices 89
134 Extension of time for compliance with improvement notices 90
135 Notification and display of improvement notices 90
136 Improvement notice not to be removed etc 91
137 Revocation of improvement notice on compliance 91
138 Contravention of improvement notices 91
Division 6.5 Prohibition notices
139 Definitions—div 6.5 92
140 Giving prohibition notices 92
141 Contents of prohibition notices 93
142 Scope of prohibition notices 94
143 Extension of time for inspection etc 95
144 Notification and display of prohibition notices 95
145 Prohibition notice not to be removed etc 96
146 Ending of prohibition notices for contravention of Act etc 96
147 Request for reinspection 96
148 Revocation on reinspection 97
149 Ending of prohibition notices given for inspection etc 98
150 Contravention of prohibition notices 98
151 Request for compensation for prohibition notice 98
152 Compensation for prohibition notice 99
Division 6.6 Enforceable undertakings
153 Definitions—div 6.6 99
154 Making of safety undertakings 100
155 Acceptance of safety undertaking 101
156 Withdrawal from or amendment of enforceable undertaking 101
157 Term of enforceable undertaking 101
158 Safety undertaking not admission of fault etc 101
159 Contravention of enforceable undertakings 102
Division 6.7 Injunctions
160 Injunctions to restrain offences against Act 103
161 Enforcement of injunctions 104
162 Amendment or discharge of injunctions 104
163 Interim injunctions—undertakings about damages 104
164 Magistrates Court’s other powers not limited 105
Division 6.8 Public sector workplace compliance measures
165 Meaning of public sector workplace—div 6.8 105
166 Reporting certain failures to comply in public sector workplaces 105
167 Notice of failure to comply with safety duty in public sector workplace 106
168 Notice of failure to comply—no failure found 106
169 Notice of failure to comply—failure addressed 107
170 Notice of failure to comply—failure not addressed 108
171 Notice of noncompliance—annual report 109
172 Annual report—additional compliance information 110
Part 7 Administrative review of decisions
173 Definitions—pt 7 111
174 Application—pt 7 111
175 Notice of reviewable decisions 111
176 Internal review of certain decisions 112
177 Applications for internal review 112
178 Internal review 113
179 Review of decisions by ACAT 113
Part 8 Administration
180 Inspectors 114
181 Identity cards 114
182 Protection of officials from liability 115
183 Ministerial directions to director‑general 115
Part 9 Work safety council
Division 9.1 Establishment, functions and powers
184 Establishment 116
185 Functions 116
Division 9.2 Constitution and meetings
186 Membership 117
187 Terms of appointment 118
188 Appointment of chair and deputy chair 118
189 Leave 118
190 Disclosure of interest 118
191 Reporting of disclosed council interests to Minister 120
192 Ending appointment of council member 121
193 Calling meetings 122
194 Presiding member at council meetings 123
195 Quorum at council meetings 123
196 Voting at council meetings 123
197 Conduct of council meetings etc 123
198 Protection of council members from liability 124
Division 9.3 Advisory committees
199 Establishment 124
Part 10 Work safety commissioner
200 Appointment of commissioner 126
201 Functions 126
202 Retirement 127
203 Removal of commissioner 127
204 Suspension and removal of commissioner 127
205 Ministerial directions to commissioner 128
206 Staff 128
207 Delegation by commissioner 128
Part 11 Director‑general and commissioner reports
208 Director‑general’s annual report 129
209 Additional reports by director‑general 129
210 Commissioner’s half-yearly reports 129
Part 12 Information and evidence
211 Use of protected information 131
212 Presumptions about substances 132
213 Evidence of analysts 133
214 Power of court to order further analysis 133
215 Appointment of authorised analysts 134
216 Notice of code approvals 134
Part 13 Proceedings and liability
217 Acts and omissions of representatives 135
218 Private prosecution of offences 136
219 Criminal liability of corporation officers 136
220 Publication by director‑general of convictions etc 138
221 Court-directed publicity for offences 140
222 Remedial orders by courts for offences 140
223 Court may order costs and expenses 140
224 Court may order forfeiture 141
225 Civil liability not affected 141
Part 14 Miscellaneous
226 Electronic service 142
227 Contracting out prohibited 142
228 Determination of fees 142
229 Approved forms 143
230 Regulation-making power 143
Part 20 Transitional
500 Definitions—pt 20 144
501 Transitional—health and safety representatives 144
502 Transitional—health and safety committee 144
503 Transitional—work groups designated by employer 144
504 Transitional—authorised representatives 145
505 Transitional—Occupational Health and Safety Council 145
506 Transitional—Occupational Health and Safety Commissioner 146
507 Transitional—inspectors 146
508 Transitional—codes of practice 146
509 Transitional regulations 148
510 Expiry—pt 20 148
Dictionary149
Endnotes
1 About the endnotes 154
2 Abbreviation key 154
3 Legislation history 155
4 Amendment history 157
5 Earlier republications 164
Work Safety Act 2008 (repealed)
An Act to secure and promote work safety by the management of risk, and for other purposes
Part 1Preliminary
Name of Act
This Act is the Work Safety Act 2008.
Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.
For example, the signpost definition ‘worker—see section 9.’ means that the term ‘worker’ is defined in that section.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
Notes
A note included in this Act is explanatory and is not part of this Act.
NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
Part 2Operation of Act
Division 2.1 Objects and important concepts
Objects of Act
(1)The objects of this Act are to—
(a)secure and promote work safety of people at work; and
(b)eliminate, at their source, risks to work safety whether of people at work or others; and
(c)protect people from the risks to work safety resulting from the activities of people at work; and
(d)promote a safe and healthy work environment for people at work that—
(i)protects them from injury and illness; and
(ii)is adapted to provide for their physical and psychological needs; and
(e)foster cooperation and consultation between employers and workers, and organisations representing employers and workers; and
(f)provide a framework for continuous improvement and progressively higher standards of work safety, taking into account changes in technology and work practices.
(2)The objects of this Act are to be implemented in a way that is consistent with the aspirations of the people of the ACT for the maintenance of, and improvement in, the protection of people from risks to work safety.
Meaning of work safety
In this Act:
work safety, of people, means the health, safety and wellbeing of people in relation to work.
Meaning of risk
In this Act:
risk means exposure to the chance of injury or loss.
Examples
1 possible impact on wellbeing of workers from the failure to provide adequate facilities
2 possible broken arm because of a failure to provide adequate safety rails
NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
Meaning of worker
In this Act:
worker means an individual who carries out work in relation to a business or undertaking, whether for reward or otherwise, under an arrangement with the person conducting the business or undertaking.
Examples—worker
1 employee
2 independent contractor
3 outworker
4 person doing a work experience placement
5 volunteer
NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
Meaning of employer
In this Act:
employer, of a worker, includes a person who engages the worker to carry out work in the person’s business or undertaking.
Examples—employer
1 principal contractor is an employer of a subcontractor
2 host organisation is an employer of a labour hire worker
NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
Meaning of business or undertaking
In this Act:
business or undertaking includes—
(a)a not-for-profit business; and
(b)an activity conducted by a local, state or territory government.
Meaning of workplace
In this Act:
workplace means a place where work is, has been, or is to be, carried out by or for someone conducting a business or undertaking.
Meaning of person in control
For this Act, a person in control is—
(a)for premises—anyone who has control of the premises, including anyone with authority to make decisions about the management of the premises; or
(b)for plant or a system—anyone who has control of the plant or system or the operation of the plant or system, including anyone with authority to make decisions about the plant or system or the operation of the plant or system; or
(c)for the design, manufacture, import or supply of plant or a system—anyone who has control of the design, manufacture, import or supply of the plant or system, including anyone with authority to make decisions about the design, manufacture, import or supply; or
(d)anyone else prescribed by regulation.
Note More than 1 person may be a person in control for a duty under this Act (see s 16).
Meaning of manages risk
(1)For this Act, a person manages risk in relation to a duty by—
(a)taking reasonably practicable steps—
(i)to identify any risk that might be associated with the duty; and
(ii)to eliminate any risk that might result if the duty is not exercised; and
(iii)if it is not reasonably practicable to eliminate each risk that might result if the duty is not exercised—to minimise each risk; and
(b)informing anyone else who has the duty about the possible risks.
(2)For this section, if someone is required to minimise a risk, the person must do each of the following that is available, in the following order, until the risk is reduced as far as is reasonably practicable:
(a)substitute the thing giving rise to the risk with something that gives rise to a lesser risk;
(b)isolate the thing giving rise to the risk from anyone otherwise put at risk;
(c)minimise the risk by engineering means;
(d)minimise the risk by administrative means;
(e)ensure personal protective and safety equipment is used.
Examples—par (d)
1 put in place safe working practices
2 provide training, instruction or information
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
Meaning of reasonably practicable steps
(1)For this Act, each of the following must be considered in working out what are reasonably practicable steps to eliminate or minimise a risk:
(a)the seriousness of the risk;
(b)the availability and suitability of ways to eliminate or minimise the risk;
(c)what the duty holder knows or ought reasonably to know about—
(i)the hazard giving rise to the risk and the risk itself; and
(ii)ways of eliminating or minimising the risk;
(d)the cost of eliminating or minimising the risk;
(e)anything else prescribed by regulation.
(2)Also, a regulation may prescribe what are, or are not, reasonably practicable steps to eliminate or minimise a risk.
(3)In this section:
cost includes burdens and disadvantages.
Examples—cost
1 time spent
2 inconvenience
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
Division 2.2 Complying with Act
Person may have more than 1 duty under Act
To remove any doubt, a person may be subject to more than 1 duty under this Act.
Example
A manufacturer must comply with the duty to ensure a safe workplace (see s 21) and with the manufacturer’s duties (see s 25).
Note 1A reference to an Act includes a reference to statutory instruments made or in force under the Act, any regulation and any law or instrument applied, adopted or incorporated by the Act (see Legislation Act, s 104).
Note 2An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
Person not relieved of duty because someone else also has same duty
(1)This section applies if 2 or more people have the same duty under this Act.
(2)To remove any doubt, each person must comply with the duty whether or not someone else may also be required to comply with the duty.
(3)However, if this Act requires or allows 2 or more people to do something, it is sufficient if 1 of them does the thing.
Example
Both an employer and a building owner have a duty to provide a safe work environment for the workers in a particular building. If the air conditioning breaks down and is fixed by the building owner, the duty has been complied with. There is no requirement for the employer to take further action.
NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
Codes of practice
(1)The Minister may, in writing, approve a code of practice (an approved code of practice) for providing practical guidance for this Act.
NotePower given under an Act to make a statutory instrument (including a code of practice) includes power to amend or repeal the instrument (see Legislation Act, s 46 (1)).
(2)Before approving a proposed code of practice, the Minister must consult the council.
(3)An approved code of practice may consist of a code, standard, rule, specification or provision relating to work safety and may apply, adopt or incorporate a law or instrument, or a provision of a law or instrument, as in force from time to time.
NoteA statutory instrument may also apply, adopt or incorporate (with or without change) a law or instrument (or a provision of a law or instrument) as in force at a particular time (see Legislation Act, s 47 (1)).
(4)An approved code of practice is a disallowable instrument.
Note 1A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
Note 2An amendment or repeal of an approved code of practice is also a disallowable instrument (see Legislation Act, s 46 (2)).
Note 3For public notice of code approvals and inspection of codes, see s 216.
Approved code of practice and incorporated document may be considered
In deciding whether a person has complied with a duty under this Act, a decision-maker may consider whether a person has complied with—
(a)any approved code of practice in relation to the duty; and
(b)any incorporated document in relation to the duty.
Relationship of regulations to approved codes of practice
(1)An approved code of practice has no effect to the extent that it is inconsistent with a regulation.
(2)However, an approved code of practice is taken to be consistent with a regulation to the extent that it can operate concurrently with the regulation.
NoteFor the approval of codes of practice, see s 18.
Part 3Work safety duties
Division 3.1 Duties to manage risk
Duty—safe conduct of business or undertaking
(1)This section applies to a person conducting a business or undertaking.
Examples—person conducting business or undertaking
1 employer
2 self-employed person
3 municipal corporation
4 subcontractor
5 franchisor
NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(2)The person has a duty to ensure work safety by managing risk.
NoteManaging risk—see s 14.
(3)Without limiting subsection (2), the person’s duty includes—
(a)providing and maintaining a safe workplace and safe systems of work; and
(b)providing and maintaining plant that is safe and without risk to the work safety of workers and other people at the business or undertaking; and
(c)ensuring that plant is operated only by workers and other people at the business or undertaking who are qualified to operate the plant; and
(d)ensuring the safe use, handling, storage and transport of substances; and
(e)providing adequate facilities for the work safety of workers and other people at the business or undertaking; and
(f)monitoring the work safety of workers at the business or undertaking, and the conditions at the workplace, to ensure that work-related illness and injury are prevented; and
(g)keeping the information and records relating to work safety required under this Act, including incident reports and training records, in relation to the business or undertaking; and
(h)providing appropriate information, instruction, training or supervision to workers and other people at the business or undertaking to allow work to be carried out safely; and
(i)consulting workers at the business or undertaking on matters that directly affect their work safety; and
(j)any other duty prescribed by regulation.
Duty—person in control of premises
(1)This section applies to a person in control of premises.
NotePerson in control—see s 13.
(2)The person has a duty to ensure work safety in relation to the premises by managing risk.
NoteManaging risk—see s 14.
(3)Without limiting subsection (2), the person’s duty includes—
(a)maintaining the premises in a way that is consistent with work safety; and
(b)providing safe entry to, and exit from, the premises.
Duty—person in control of plant or system etc
(1)This section applies to a person in control of plant or a system or the operation of the plant or system.
NotePerson in control—see s 13.
(2)The person has a duty to ensure work safety in relation to the plant or system by managing risk.
NoteManaging risk—see s 14.
(3)Without limiting subsection (2), the person’s duty includes maintaining the plant or system in a way that is consistent with work safety.
Duty—person in control of design
(1)This section applies to a person in control of—
(a)the design of plant or a structure that is used, is to be used or could reasonably be expected to be used, at work or at a workplace; or
(b)the design of a structure that is, is to be or could reasonably be expected to be, a workplace.
NotePerson in control—see s 13.
(2)The person has a duty to ensure work safety in relation to the design of the plant or structure by managing risk.
NoteManaging risk—see s 14.
Duties—person in control of manufacture
(1)This section applies to a person in control of—
(a)the manufacture of plant or a structure that is used, is to be used or could reasonably be expected to be used, at work or at a workplace; or
(b)the manufacture of a structure that is, is to be or could reasonably be expected to be, a workplace.
Note 1Person in control—see s 13.
Note 2Additional duties in relation to dangerous substances apply under the Dangerous Substances Act 2004.
(2)The person has a duty to ensure work safety in relation to the manufacture of the plant or structure by managing risk.
NoteManaging risk—see s 14.
(3)Without limiting subsection (2), the person’s duty in relation to the manufacture of the plant or structure includes—
(a)manufacturing the thing to be safe and without risk to work safety when used in the way it is intended to be used; and
(b)carrying out research, testing and examination about the thing to identify and eliminate, or minimise, any risk to work safety by the use of the thing; and
(c)giving the following information to each person to whom the manufacturer provides the thing:
(i)the intended use of the thing;
(ii)the results of research, testing and examination mentioned in paragraph (b);
(iii)the conditions necessary for the thing to be used safely; and
(d)on request, giving the information mentioned in paragraph (c) to a person who uses, or is to use, the plant or structure.
Duties—person in control of import and supply
(1)This section applies to a person in control of—
(a)the import or supply of plant, or a structure, that is used, is to be used or could reasonably be expected to be used, at work or at a workplace; or
(b)the import or supply of a structure that is, is to be or could reasonably be expected to be, a workplace.
NotePerson in control—see s 13.
(2)The person has a duty to ensure work safety in relation to the plant or structure by managing risk.
NoteManaging risk—see s 14.
(3)Without limiting subsection (2), the person’s duty includes—
(a)supplying the thing safely and without risk to work safety when used in the way it is intended to be used; and
(b)if the person imports the thing—before supplying the thing to someone else, ensuring that—
(i)the person in control of the design of the thing has complied with section 24; and
(ii)the person in control of the manufacture of the thing has complied with section 25; and
(c)giving the following to a person intending to use the thing, or whose work safety may be affected by the use of the thing:
(i)information about the intended use of the thing;
(ii)the conditions necessary for the thing to be used safely;
(iii)information about how to maintain the thing to ensure the thing remains safe to use.
(4)For this section, a person is not in control of the supply of a thing if the person—
(a)carries on the business of financing the buying or use of things by other people; and
(b)has, in the business, acquired an interest in the thing only to finance its acquisition by someone else from another person or its provision to someone else by another person; and
(c)has not taken possession of the thing, or has taken possession of the thing only to pass possession to the other person; and
(d)supplies the thing to the other person.
(5)In this section, a person also supplies a structure if the person owns the structure or is in control of the structure.
Duties—worker
(1)A worker has a duty not to expose the worker, and other people who may be affected by the worker’s work, to work safety risks because of the worker’s work.
(2)Without limiting subsection (1), the worker’s duty includes—
(a)cooperating with a person conducting the business or undertaking for which the worker works, or a person in control of the worker’s workplace, to allow the person to comply with the person’s duties under this Act; and
(b)complying with instructions given by a person conducting the business or undertaking for which the worker works, or a person in control of the worker’s workplace, in relation to work safety; and
(c)properly using equipment supplied for work safety at the workplace; and
(d)reporting any risk, illness and injury, connected with work, that the worker is aware of.
Duty—at workplace
A person at a workplace has a duty not to expose others at the workplace to work safety risks because of the person’s conduct.
Division 3.2 Work safety risks—failure to comply with duties
Meaning of safety duty—div 3.2
In this division:
safety duty means a duty under division 3.1 (Duties to manage risk).
Failure to comply with safety duty—general
(1)A person commits an offence if—
(a)the person has a safety duty; and
(b)the person fails to comply with the duty.
Maximum penalty: 100 penalty units.
(2)Absolute liability applies to subsection (1) (a).
(3)Strict liability applies to subsection (1) (b).
NoteFor public sector workplace compliance measures, see div 6.8.
Failure to comply with safety duty—negligent exposure to substantial risk of serious harm
(1)A person commits an offence if—
(a)the person has a safety duty; and
(b)the person fails to comply with the duty; and
(c)the failure exposes someone to a substantial risk of serious harm; and
(d)the person is negligent about whether the failure exposes anyone to a substantial risk of serious harm.
Maximum penalty: 1 000 penalty units, imprisonment for 2 years or both.
(2)Absolute liability applies to subsection (1) (a).
(3)Strict liability applies to subsection (1) (b).
NoteFor public sector workplace compliance measures, see div 6.8.
Failure to comply with safety duty—reckless exposure to substantial risk of serious harm
(1)A person commits an offence if—
(a)the person has a safety duty; and
(b)the person fails to comply with the duty; and
(c)the failure exposes someone to a substantial risk of serious harm; and
(d)the person is reckless about whether the failure exposes anyone to a substantial risk of serious harm.
Maximum penalty: 1 500 penalty units, imprisonment for 5 years or both.
(2)Absolute liability applies to subsection (1) (a).
(3)Strict liability applies to subsection (1) (b).
NoteFor public sector workplace compliance measures, see div 6.8.
Failure to comply with safety duty—negligently cause serious harm
(1)A person commits an offence if—
(a)the person has a safety duty; and
(b)the person fails to comply with the duty; and
(c)the failure causes serious harm to someone; and
(d)the person is negligent about whether the failure causes serious harm to anyone.
Maximum penalty: 1 500 penalty units, imprisonment for 3 years or both.
(2)Absolute liability applies to subsection (1) (a).
(3)Strict liability applies to subsection (1) (b).
NoteFor public sector workplace compliance measures, see div 6.8.
Failure to comply with safety duty—recklessly cause serious harm
(1)A person commits an offence if—
(a)the person has a safety duty; and
(b)the person fails to comply with the duty; and
(c)the failure causes serious harm to someone; and
(d)the person is reckless about whether the failure causes serious harm to anyone.
Maximum penalty: 2 000 penalty units, imprisonment for 7 years or both.
(2)Absolute liability applies to subsection (1) (a).
(3)Strict liability applies to subsection (1) (b).
NoteFor public sector workplace compliance measures, see div 6.8.
Alternative verdicts for failure to comply with safety duty
(1)This section applies if, in a prosecution for an offence for a failure to comply with a safety duty, the trier of fact—
(a)is not satisfied beyond reasonable doubt that the defendant is guilty of the offence; but
(b)is satisfied beyond reasonable doubt that the defendant is guilty of an alternative offence.
(2)The trier of fact may find the defendant guilty of the alternative offence, but only if the defendant has been given procedural fairness in relation to the finding of guilt.
(3)In this section:
alternative offence, for an offence against a provision mentioned in an item in table 33, column 2, means an offence against a provision mentioned in the item, column 3.
Table 33Alternative verdicts
| column 1 item | column 2 prosecuted offence | column 3 alternative offence |
| 1 | s 31 (Failure to comply with safety duty—negligent exposure to substantial risk of serious harm) | s 30 (Failure to comply with safety duty—general) |
| 2 | s 32 (Failure to comply with safety duty—reckless exposure to substantial risk of serious harm) | s 30 s 31 |
| 3 | s 33 (Failure to comply with safety duty—negligently cause serious harm) | s 30 s 31 s 32 |
| 4 | s 34 (Failure to comply with safety duty—recklessly cause serious harm) | s 30 s 31 s 32 s 33 |
Division 3.3 Work safety risks—serious events
Meaning of serious event—div 3.3
For this division, each of the following is a serious event if it is attributable to a business or undertaking:
(a)the death of a worker or another person;
(b)an injury to a worker which results in incapacity for work for a period prescribed by regulation;
(c)a serious injury to a worker or another person;
(d)a dangerous occurrence.
Examples—serious injury
1 injury resulting in amputation
2 extensive burns
3 injury resulting in injured person being placed on life support
4 loss of consciousness because of exposure to dangerous substance or electric shock
5 injury requiring immediate medical treatment
NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
Meaning of dangerous occurrence
In this Act:
dangerous occurrence means 1 or more of the following:
(a)an occurrence involving imminent risk of the death of, or serious injury to, anyone;
(b)any of the following occurrences that endangers or is likely to endanger the work safety of people at a workplace:
(i)damage to a boiler, pressure vessel, plant, equipment or other thing;
(ii)damage to, or failure of, a load-bearing member or control device of a crane, hoist, conveyor, lift, escalator, moving walkway, plant, scaffolding, gear, amusement device or public stand;
(iii)an uncontrolled fire, uncontrolled explosion or uncontrolled escape of gas, a dangerous substance or steam;
(c)anything else prescribed by regulation.
Example—par (a)
1 uncontrolled escape of flammable gas in a workshop where welding occurs creating a imminent risk of death or serious injury due to the likelihood of an explosion
2 collapse of an excavation trapping worker underground causing imminent risk of death or serious injury due to suffocation
NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
Notice of serious events
(1)A person in control of a business or undertaking must give notice to the director‑general of a serious event at or near a workplace of the business or undertaking.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(2)A regulation may prescribe the requirements for a notice under subsection (1), including—
(a)the time for giving the notice; and
(b)the method for giving the notice.
NoteIf a form is approved under s 229 for this provision, the form must be used.
Records of serious events
(1)A person in control of a business or undertaking must keep a record of each serious event for which notice is required to be given under section 38 for 5 years after the day the notice is given.
Maximum penalty: 10 penalty units.
(2)An offence under subsection (1) is a strict liability offence.
Reporting under other legislation
(1)This section applies if a serious event for which notice is required to be given under section 38 is reported under the Dangerous Substances Act 2004.
(2)The reporting under the Dangerous Substances Act 2004 is taken to be adequate notice of the event for this Act.
Person in control to protect site of occurrence of serious event
(1)This section applies if a person in control of a business or undertaking is required to give the director‑general notice of a serious event under section 38.
(2)The person must ensure that the site where the serious event happened is not entered or disturbed—
(a)for 72 hours; or
(b)until an inspector directs otherwise.
Maximum penalty: 10 penalty units.
(3)An offence against this section is a strict liability offence.
(4)This section does not apply to the disturbance of a site to—
(a)protect the work safety of a person; or
(b)help an injured person; or
(c)take essential action to make the site safe or prevent a further dangerous event happening.
Division 3.4 Work safety risks—other matters
Workers’ right to refuse
(1)A worker has the right to refuse to do work if—
(a)an emergency procedure has been activated because of a significant risk to work safety; or
(b)the worker has a reasonable belief that the work involves a significant risk to work safety.
(2)If a worker refuses to do work under subsection (1), a person in control of a workplace may require the worker to do alternative work.
Person in control not to discriminate
(1)A person commits an offence if—
(a)the person is in control of a workplace; and
(b)a worker has—
(i)complained or proposes to complain about a work safety matter at the workplace; or
(ii)assisted or proposes to assist the conduct of an investigation or inspection of the workplace by an inspector; or
(iii)stopped doing work, or proposes to stop doing work, under section 42; and
(c)because of a matter mentioned in paragraph (b), the person—
(i)prejudicially alters the worker’s conditions of employment or engagement (whether by the deduction or withholding of remuneration or by any other means); or
(ii)if the worker is an employee—dismisses the worker or injures the worker’s employment; or
(iii)threatens to take action mentioned in subparagraphs (i) or (ii) in relation to the worker.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(2)In a proceeding for an offence against this section, if the elements of the offence in subsections (1) (a) and (b), and an element of the offence in subsection (1) (c) are proved, it is presumed, unless the contrary is established, that the worker’s conduct mentioned in subsection (1) (b) is the reason for the person’s conduct mentioned in subsection (1) (c).
Interfering with safety equipment
(1)A person commits an offence if the person interferes with safety equipment provided at or near a workplace.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(2)In this section:
interfere, with equipment, means inhibit or prevent the effective operation of the equipment.
safety equipment, in relation to a person, means equipment that the person knows, or ought reasonably to know, is provided to help protect the work safety of people at work.
Person not to levy employees
A person commits an offence if the person imposes a levy or charge on an employee for anything done, or provided, to ensure work safety.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
Part 4Workplace arrangements
Division 4.1 Duty of employer to consult
Meaning of worker consultation unit
In this Act:
worker consultation unit, for an employer, means—
(a)the group of all of the employer’s workers; or
(b)if a worker consultation unit is established under section 48—that unit.
NoteEmployer—see s 10.
Duty to consult
(1)An employer has a duty to consult, as far as reasonably practicable, with the employer’s workers to allow the workers to contribute to matters directly affecting their work safety.
(2)Without limiting subsection (1), the employer’s duty to consult includes the following matters:
(a)identifying or assessing risks to work safety at the employer’s workplace or in relation to conducting the employer’s business or undertaking;
(b)the measures to be taken to manage risks to work safety at the employer’s workplace or in relation to conducting the employer’s business or undertaking;
(c)the adequacy of facilities;
(d)proposing changes that may directly affect work safety;
(e)any other issues in relation to work safety;
(f)anything else prescribed by regulation.
(3)For subsection (1), consultation with workers in a worker consultation unit must be in accordance with any decision under section 54 (Duty to consult—deciding how workers to be consulted).
(4)An employer commits an offence if—
(a)the employer has a duty to consult under subsection (1); and
(b)the employer fails to comply with the duty.
Maximum penalty: 100 penalty units.
(5)An offence against this section is a strict liability offence.
Duty to consult—employer to establish worker consultation units
(1)This section applies if—
(a)it is not reasonably practicable for consultation to occur with the group of all the employer’s workers; or
(b)a worker of the employer asks the employer to establish 2 or more worker consultation units in the interests of work safety.
(2)For section 47 (Duty to consult), the employer must establish 2 or more worker consultation units in relation to the employer’s workers.
(3)A worker consultation unit established under this section may consist of—
(a)workers of an employer at 1 or more workplaces; or
(b)workers of 1 or more employers at 1 or more workplaces.
(4)An employer commits an offence if—
(a)the employer has a duty to establish a worker consultation unit under subsection (2); and
(b)the employer fails to establish the unit in accordance with section 49.
Maximum penalty: 50 penalty units.
(5)An offence against this section is a strict liability offence.
Worker consultation unit—how unit established
(1)For section 48, a worker consultation unit must be established in a way that best and most conveniently allows the work safety interests of the workers in the unit to be represented and safeguarded.
(2)The employer must consult the employer’s workers in establishing the worker consultation unit.
(3)The employer and the employer’s workers may, either separately or together, ask someone else to assist in the establishment of the worker consultation unit.
(4)In deciding the way that the worker consultation unit is established, the employer must consider the following in relation to the employer’s workers:
(a)the number and grouping of workers;
(b)workers’ working hours, including the representation of workers on shift work;
(c)the pattern of work of workers, including the representation of part-time, casual, seasonal or short-term workers;
(d)the geographic location of workplaces, including any dispersed locations, home-based work or transport work;
(e)the nature of different kinds of work carried out by workers, work arrangements and the levels of responsibility;
(f)workers’ characteristics, including gender, ethnicity, age and special needs;
(g)the hazards or risks to work safety at the workplace;
(h)the interaction of workers with the workers of other employers.
Worker consultation unit—election
A regulation may prescribe—
(a)the eligibility requirements for a person to be elected as—
(i)a member of the work safety committee for a worker consultation unit; and
(ii)a work safety representative for a worker consultation unit; and
(b)anything else in relation to an election.
Worker consultation unit—changes
(1)This section applies if—
(a)an employer wants to change a worker consultation unit in the interests of work safety; or
(b)a worker of the employer gives the employer notice that the worker wants a change to a worker consultation unit in the interests of work safety.
(2)The employer must consult the workers about changing the worker consultation unit.
(3)The employer and the employer’s workers may, either separately or together, ask someone else to assist in the negotiations to change the worker consultation unit.
(4)The employer must make a change to the worker consultation unit if the change is necessary in the interests of work safety.
Worker consultation unit—review
(1)An employer must review a worker consultation unit to consider the effectiveness of the unit.
(2)The review must be undertaken in consultation with the employer’s workers—
(a)every 2 years; or
(b)if a review is reasonably necessary because of workplace changes; or
(c)if a worker in the unit, a work safety representative or a work safety committee asks for a review.
(3)The employer must make a change to the worker consultation unit if a review shows that the change is necessary in the interests of work safety.
Worker consultation unit—employer to keep records
(1)An employer must keep records of the following in relation to each worker consultation unit:
(a)if the unit is established by the employer under section 48—the unit’s establishment;
(b)the unit’s activities;
(c)any change to the unit;
(d)each review of the unit.
Maximum penalty: 30 penalty units.
(2)The employer must make the records available on request to—
(a)each worker in the worker consultation unit; and
(b)any representative of a worker in the unit; and
(c)an inspector.
Maximum penalty: 30 penalty units.
(3)An offence against this section is a strict liability offence.
Duty to consult—deciding how workers to be consulted
(1)The employer and each worker consultation unit must decide how the employer must consult the employer’s workers in the unit under this part.
(2)The employer and worker consultation unit may decide that the employer will consult the workers in the unit using—
(a)a work safety representative elected by the workers in the unit; or
(b)a work safety committee elected by the workers in the unit; or
(c)another stated method of consultation.
(3)However, if more than half the workers in the worker consultation unit ask that a work safety representative, or a work safety committee, be elected, the employer must arrange for the representative or the committee to be elected by the workers in the unit.
(4)The employer and the employer’s workers may, either separately or together, ask someone else to assist in deciding on the method for worker consultation.
Duty to consult—director‑general may direct election of work safety committee
(1)The director‑general may direct an employer to arrange for a work safety committee to be elected by the workers in a worker consultation unit if satisfied on reasonable grounds that—
(a)the work done by the workers is hazardous; and
(b)the establishment of the committee will improve work safety.
(2)If the director‑general gives a direction under subsection (1), the employer must arrange for a work safety committee to be elected.
(3)An employer commits an offence if—
(a)the director‑general gives a direction to an employer under subsection (1); and
(b)the employer fails to comply with the direction.
Maximum penalty: 100 penalty units.
(4)An offence against this section is a strict liability offence.
55ADuty to consult—director‑general may direct election of work safety committee in an industry
(1)The director‑general may direct all employers in an industry to arrange for a health and safety committee to be elected by the workers in a worker consultation unit if satisfied on reasonable grounds that—
(a)the work done by the workers in the industry is hazardous; and
(b)the establishment of the committee will improve work safety.
(2)If the director‑general gives a direction under subsection (1), each employer conducting a business or undertaking in the industry must arrange for a work safety committee to be elected.
(3)A direction is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
(4)An employer commits an offence if—
(a)the director‑general gives a direction under subsection (1); and
(b)the employer conducts a business or undertaking in the industry mentioned in the direction; and
(c)the employer fails to comply with the direction.
Maximum penalty: 100 penalty units.
(5)An offence against this section is a strict liability offence.
Duty to consult—consulting workers
(1)An employer must consult the employer’s workers about a matter by—
(a)sharing with the workers information about the matter; and
(b)giving the workers a reasonable opportunity to—
(i)contribute information about the matter; and
(ii)express their views about the matter; and
(c)considering the workers’ views.
(2)The employer consults the workers by—
(a)if the workers are represented by a work safety representative—consulting the representative, whether with or without the direct involvement of the workers; or
(b)if the workers are represented by a work safety committee—consulting the committee, whether with or without the direct involvement of the workers; or
(c)if the employer and the workers in a worker consultation unit have agreed to a consultation procedure—consulting in accordance with the procedure; or
(d)if the workers are not represented by a work safety representative or work safety committee—consulting the workers directly.
(3)An employer commits an offence if—
(a)a worker consultation unit of the employer’s workers elect a work safety representative or work safety committee; and
(b)the employer fails to consult the work safety representative or work safety committee about a matter directly affecting the work safety of the employer’s workers.
Maximum penalty: 50 penalty units.
Dispute resolution—mechanism
(1)This section applies if a dispute arises between an employer and a worker of the employer in relation to—
(a)the establishment of a worker consultation unit under section 48; or
(b)a change to a worker consultation unit under section 51 (Worker consultation unit—changes) or section 52 (Worker consultation unit—review); or
(c)the election of a work safety representative; or
(d)the operation of a work safety committee.
(2)The employer, a worker in the worker consultation unit or the worker consultation unit may refer the dispute to the director‑general for arbitration.
(3)The director‑general must arbitrate a referred dispute.
(4)The system of arbitration may be prescribed by regulation.
Division 4.2 Work safety representative
Work safety representative—functions
(1)The functions of a work safety representative for a worker consultation unit are—
(a)to represent the worker consultation unit—
(i)in relation to work safety; and
(ii)in consultations with the workers’ employer about the development, implementation and review of ways to safeguard work safety at each workplace where a represented worker works; and
(b)to tell the workers’ employer about potential risks and dangerous occurrences at any workplace where represented workers work; and
(c)to tell the employer about work safety matters directly affecting the represented workers.
(2)A regulation may prescribe other functions for the work safety representative.
(3)In exercising a function, the work safety representative may, in accordance with a regulation, do 1 or more of the following:
(a)inspect all or part of a workplace where a represented worker works;
(b)issue a provisional improvement notice for a place where a represented worker works;
(c)exercise emergency powers.
(4)However, a work safety representative must take all reasonable steps to consult the employer to try to resolve a work safety matter before the representative—
(a)issues a provisional improvement notice; or
(b)exercises an emergency power.
58AWork safety representative—employer obstructing etc
(1)An employer commits an offence if—
(a)the employer knows that a person is a work safety representative; and
(b)the employer obstructs, hinders, intimidates or resists the person in the exercise of the person’s functions as a work safety representative.
Maximum penalty: 50 penalty units.
(2)Strict liability applies to the circumstances that the work safety representative was exercising the representative’s functions as a work safety representative.
58BWork safety representative—access to personal health information
(1)An employer commits an offence if the employer directly or indirectly discloses personal health information about a worker to a work safety representative.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(2)Subsection (1) does not apply if—
(a)the worker consents in writing to the work safety representative having access to the information; or
(b)the information does not identify the worker or allow the worker to be identified.
Work safety representative—protection from liability
A work safety representative does not incur civil or criminal liability for an act or omission done honestly and without recklessness in the exercise of a function for this Act.
NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
Division 4.3 Work safety committee
Work safety committee—functions
(1)The functions of a work safety committee are—
(a)to facilitate cooperation between an employer and the employer’s workers in relation to work safety; and
(b)to assist the employer to consult workers on proposing and developing changes to work or other policies, practices or procedures that may directly affect work safety; and
(c)to assist the employer to resolve work safety matters; and
(d)to establish, review and publish procedures in relation to work safety.
(2)A regulation may prescribe other functions for a work safety committee.
60AWork safety committee—protection from liability
A member of a work safety committee does not incur civil liability for an act or omission done honestly and without recklessness in the exercise of a function for this Act.
NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
Division 4.4 Authorised representatives—entry to workplace
Definitions—div 4.4
In this division:
authorised representative means a person authorised under section 62 (1).
office, in relation to an organisation or a branch of an organisation—see the Fair Work (Registered Organisations) Act 2009 (Cwlth), section 9.
Authorised representative
(1)A registered organisation may, in writing, authorise a person for this division.
(2)However, the person may be authorised only if—
(a)the person—
(i)is an employee of the registered organisation; or
(ii)holds an office in the organisation; and
(b)the person has completed the training prescribed by regulation; and
(c)the person satisfies any condition of office prescribed by regulation.
(3)An authorisation under this section ends if—
(a)the authorised person stops being an employee of, and does not hold an office in, the registered organisation that authorised the person; or
(b)the authorised person stops holding an office in, and is not an employee of, the registered organisation that authorised the person.
Authorised representative—entry to workplace
(1)This section applies if an authorised representative of a registered organisation suspects on reasonable grounds that—
(a)a contravention of this Act may have happened, may be happening or is likely to happen at premises; and
(b)the premises are a workplace where members of the organisation (or people who are eligible to be members of the organisation) work.
(2)The authorised representative may enter the premises to investigate the contravention.
NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act, s 104).
(3)However, the authorised representative may enter the premises only at a time when work is carried on, or usually carried on, at the premises by the members or people.
(4)This section does not authorise entry into a part of premises that is being used only for residential purposes.
Authorised representative—notice of entry
(1)This section applies to an authorised representative who is authorised to enter premises under this division.
(2)The authorised representative may enter the premises without notice.
(3)The authorised representative must tell the occupier of the premises that the representative is on the premises as soon as reasonably practicable after entering the premises.
(4)However, the authorised representative need not tell the occupier of the premises that the representative is on the premises if—
(a)to do so would defeat the purpose for which the premises were entered; or
(b)the occupier had been told in writing when the representative would enter the premises.
Authorised representative—production of authorisation
An authorised representative must not remain at premises entered under this part if the representative does not produce his or her authorisation for inspection when asked by the occupier.
NoteAn authorisation must be in writing (see s 62).
Authorised representative—powers available on entry
(1)This section applies if an authorised representative enters premises under section 63 to investigate a suspected contravention of this Act.
(2)The authorised representative may investigate the contravention by doing 1 or more of the following:
(a)inspecting or viewing work, materials, plant or systems at the premises;
(b)interviewing members of the registered organisation (or people who are eligible to be members of the organisation) with their consent;
(c)taking measurements and making sketches, drawings or any other kind of record (including photographs, films, or audio, video or other recordings) at the premises;
(d)requiring the production for inspection of documents relating to work safety at the premises;
(e)examining and copying, or taking extracts from, any document produced under paragraph (d);
NoteIt is an offence for a person (including an authorised representative) to disclose protected information obtained while exercising a function under this Act (see s 211).
(f)requiring the occupier or a worker to give the representative any assistance reasonably needed to exercise a function under this division at the premises.
(3)If an authorised representative requires a person to produce documents for inspection under subsection (2) (d) the representative must—
(a)show the person the representative’s authorisation; and,
(b)give the person 14 days written notice to produce the documents.
(4)If an authorised representative requires the assistance of a person under subsection (2) (f) the representative must show the person the representative’s authorisation.
Authorised representative—damage etc to be minimised
(1)In the exercise, or purported exercise, of a function under this division, an authorised representative must take all reasonable steps to ensure that the representative causes as little inconvenience, detriment and damage as is practicable.
(2)If an authorised representative damages anything in the exercise or purported exercise of a function under this division, the representative must give written notice of particulars of the damage to the person whom the representative believes on reasonable grounds is the owner of the thing.
(3)If the damage happens at premises entered under this division in the absence of the occupier, the authorised representative may give the notice by leaving it secured in a conspicuous place at the premises.
Authorised representative—compensation for exercise of function
(1)A person may claim compensation from a registered organisation if the person suffers loss or expense because of the exercise, or purported exercise, of a function under this division by an authorised representative of the organisation.
(2)Compensation may be claimed and ordered in a proceeding for compensation brought in a court of competent jurisdiction.
(3)A court may order the payment of reasonable compensation for the loss or expense only if satisfied that it is just to make the order in the circumstances of the particular case.
(4)A regulation may prescribe matters that may, must or must not be taken into account by the court in considering whether it is just to make the order.
Authorised representative—occupier to be told about findings
(1)This section applies if an authorised representative enters premises under section 63.
(2)Within 2 days after the day the authorised representative enters the premises, the representative must give the occupier and director‑general a written notice telling the occupier whether the representative believes that this Act has been, or may have been, contravened at the premises.
Division 4.5 Authorised representative—offences
Authorised representative—offences by registered organisations
(1)A registered organisation commits an offence if—
(a)the organisation authorises a person under section 62; and
(b)either—
(i)the person is not an employee of, and does not hold an office in, the organisation; or
(ii)the person has not completed the prescribed training.
Maximum penalty: 10 penalty units.
(2)A registered organisation commits an offence if—
(a)the organisation authorises a person under section 62; and
(b)the organisation does not give the director‑general written notice of the authorisation as soon as practicable (but not later than 7 days) after the day the person is authorised.
Maximum penalty: 5 penalty units.
(3)A registered organisation commits an offence if—
(a)the organisation authorises a person under section 62; and
(b)the authorisation ends; and
(c)the organisation does not give the director‑general written notice of the authorisation’s end as soon as practicable (but not later than 7 days) after the day the authorisation ends.
Maximum penalty: 5 penalty units.
(4)An offence against this section as a strict liability offence.
Authorised representative—pretending
A person commits an offence if the person pretends that the person is an authorised representative.
Maximum penalty: 100 penalty units.
Authorised representative—obstructing etc
(1)A person commits an offence if the person—
(a)obstructs, hinders, intimidates or resists a person who is an authorised representative in the exercise of the representative’s functions; and
(b)knows that the other person is an authorised representative.
Maximum penalty: 50 penalty units.
(2)Strict liability applies to the circumstance that the other person is exercising functions as an authorised representative.
Part 5Enforcement powers
Division 5.1 General
Definitions—pt 5
In this part:
connected—a thing is connected with an offence if—
(a)the offence has been committed in relation to it; or
(b)it will provide evidence of the commission of the offence; or
(c)it was used, is being used, or is intended to be used, to commit the offence.
data includes—
(a)information in any form; and
(b)a program (or part of a program).
data storage device means a thing containing, or designed to contain, data for use by a computer.
occupier, of premises, includes—
(a)a person believed on reasonable grounds to be an occupier of the premises; and
(b)a person apparently in charge of the premises.
offence includes an offence that there are reasonable grounds for believing has been, is being, or will be, committed.
person assisting, in relation to a search warrant, means a person authorised by an inspector to assist in executing the warrant.
search warrant means a warrant issued under division 5.3 (Search warrants) that is in force.
Division 5.2 General powers of inspectors
Power to enter premises
(1)For this Act, an inspector may—
(a)at any reasonable time, enter premises that the inspector believes on reasonable grounds is a workplace; or
(b)at any reasonable time, enter premises that the public is entitled to use or that are open to the public (whether or not on payment of an amount); or
(c)at any time, enter premises with the occupier’s consent; or
(d)enter premises in accordance with a search warrant; or
(e)at any time, enter premises if the inspector believes on reasonable grounds that the circumstances are of such seriousness and urgency as to require immediate entry to the premises without the authority of a search warrant.
NotePremises includes any land, structure or vehicle and any part of an area of land, a structure or vehicle (see dict).
(2)However, subsection (1) (a) or (b) does not authorise entry into a part of premises that is being used only for residential purposes.
(3)An inspector may, without the consent of the occupier of premises, enter land around the premises to ask for consent to enter the premises.
(4)To remove any doubt, an inspector may enter premises under subsection (1) without payment of an entry fee or other charge.
(5)For subsection (1) (e), the inspector may enter the premises with any necessary assistance and force.
(6)In this section:
at any reasonable time means at any time—
(a)for subsection (1) (a)—during normal business hours or any other time when the premises are being used as a workplace; or
(b)for subsection (1) (b)—when the public is entitled to use the premises, or when the premises are open to or used by the public, whether or not on payment of an amount.
Premises that are vehicles
(1)For section 74, an inspector may stop and detain a vehicle that the inspector believes on reasonable grounds—
(a)is a workplace; or
(b)contains documents relating to a work safety duty.
(2)For subsection (1), the inspector—
(a)may direct the driver of the vehicle to move the vehicle to a place (or another place) to which the public has access; and
(b)may exercise the inspector’s powers in relation to the vehicle at the place; and
(c)must not detain the vehicle for longer than is reasonably necessary to exercise the inspector’s powers under this division.
Production of identity card by inspectors
An inspector must not remain at premises entered under this part if the inspector does not produce his or her identity card for inspection when asked by the occupier.
Consent to entry by inspectors
(1)When seeking the consent of an occupier of premises to enter premises under section 74 (1) (c) (Power to enter premises), an inspector must—
(a)produce the inspector’s identity card; and
(b)tell the occupier—
(i)the purpose of the entry; and
(ii)that anything found and seized under this part may be used in evidence in court; and
(iii)that consent may be refused.
(2)If the occupier consents, the inspector must ask the occupier to sign a written acknowledgment (an acknowledgment of consent)—
(a)that the occupier was told—
(i)the purpose of the entry; and
(ii)that anything found and seized under this part may be used in evidence in court; and
(iii)that consent may be refused; and
(b)that the occupier consented to the entry; and
(c)stating the time and date when consent was given.
(3)If the occupier signs an acknowledgment of consent, the inspector must immediately give a copy to the occupier.
(4)A court must find that the occupier did not consent to entry to the premises by the inspector under this part if—
(a)the question whether the occupier consented to the entry arises in a proceeding in the court; and
(b)an acknowledgment of consent for the entry is not produced in evidence for the entry; and
(c)it is not proved that the occupier consented to the entry.
General powers of inspectors for premises
An inspector who enters premises under this part may, for this Act, do 1 or more of the following in relation to the premises:
(a)examine anything;
(b)examine and copy, or take extracts from, documents relating to a contravention, or possible contravention, of this Act;
(c)take measurements, conduct tests and make sketches, drawings or any other kind of record (including photographs, films, or audio, video or other recordings);
(d)open or operate (or require to be opened or operated) plant or a system;
(e)take for analysis samples of water, soil or anything else that is part of the environment to find out whether the environment poses a risk to the work safety of people;
(f)subject to division 5.5 (Taking and analysis of samples) take for analysis samples of anything else;
(g)carry out any other examination to find out whether this Act has been, or is being, complied with;
(h)take onto the premises any people, equipment or material the inspector reasonably needs to exercise a power under this Act;
(i)require the occupier, or anyone at the premises, to give information, answer questions, or produce documents or anything else (whether the information, document or other thing is at the premises or elsewhere), reasonably needed to exercise the inspector’s functions under this part;
(j)require the occupier, or anyone at the premises, to give the inspector reasonable help to exercise a function under this division.
Example—par (i)
An inspector is conducting an inspection at a construction site. The inspector forms the view that relevant documents are held at the head office of the company operating the construction site. A person at the premises may be required to produce the documents that are held at the head office.
Note 1At premises includes in or on the premises (see dict).
Note 2Examine includes inspect, weigh, count, test and measure (see dict).
Note 3The Legislation Act, s 170 and s 171 deal with the application of the privilege against self-incrimination and client legal privilege.
Note 4A reference to an Act includes a reference to statutory instruments made or in force under the Act, including regulations and any law or instrument applied, adopted or incorporated by the Act (see Legislation Act, s 104).
Note 5An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
General powers of inspectors for public places
(1)An inspector may exercise 1 or more of the powers mentioned in section 78 at a public place if the inspector believes on reasonable grounds that the place is a workplace.
(2)This Act applies in relation to the exercise of a power under subsection (1) as if—
(a)the public place were premises entered by the inspector under this division; and
(b)all other necessary changes were made.
(3)Without limiting subsection (2), if a person is required to do something by an inspector under subsection (1), the person need not comply with the requirement if the inspector does not produce his or her identity card for inspection when asked by the person.
Offence—contravention of requirement by inspector
A person must take reasonable steps to comply with a requirement made of the person under section 78 (i) or (j).
Maximum penalty: 50 penalty units.
Power to take action to prevent imminent risk
(1)This section applies if an inspector believes on reasonable grounds that—
(a)premises are a workplace; and
(b)there is an imminent risk of serious harm to a person at or near the premises; and
(c)it is necessary for the inspector to take action without delay to prevent or minimise the risk.
Note 1At premises includes in or on the premises (see dict).
Note 2Premises includes any land, structure or vehicle and any part of an area of land, a structure or vehicle (see dict).
(2)This section applies even if an inspector has given a person an improvement or prohibition notice in relation to the premises and the time for complying with the notice has not ended.
(3)The inspector may take the action the inspector believes on reasonable grounds is necessary to prevent or minimise the risk.
Examples—action inspector may take
1 entering the premises with any necessary assistance and force
2 asking someone the inspector believes on reasonable grounds has appropriate knowledge and experience to help the inspector prevent or minimise the risk
NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(4)The power to enter premises under this section is additional to the powers under section 74.
(5)In deciding the action to be taken, the inspector must, to the extent that is reasonably practicable, consult with the occupier of the premises and the director‑general.
(6)If an inspector asks someone to help under subsection (3), the person is taken to have the powers of an inspector to the extent reasonably necessary for the person to help prevent or minimise the risk.
Report about action to prevent imminent risk
As soon as practicable after taking action under section 81 an inspector must—
(a)prepare a report that outlines why the action was taken, the action that was taken and any damage to property because of the action; and
(b)give a copy of the report to the person in control of the premises and the director‑general.
Recovery of Territory’s costs for action to prevent imminent risk
(1)This section applies if an inspector takes action under section 81 to prevent or minimise a risk.
(2)Costs incurred by the Territory in relation to the action are a debt owing to the Territory by, and are recoverable together and separately from, the following people:
(a)each employer in relation to work performed at the premises to which the action relates;
(b)each owner and lessee of the premises to which the action relates;
(c)the person who caused the risk.
(3)However, costs are not recoverable from a person if the person establishes that—
(a)the risk was caused by the act or omission of someone other than the person or the person’s employee or agent; and
(b)reasonable precautions were taken, and appropriate diligence was exercised, by the person to avoid the act or omission.
(4)This section does not limit the powers the Territory has apart from this Act.
Power of entry etc in relation to serious event
(1)This section applies if an inspector believes on reasonable grounds that a serious event has happened, is happening or is about to happen at premises.
(2)The inspector may enter the premises to investigate the serious event, ensure the premises are safe and prevent the concealment, loss or destruction of anything reasonably relevant to the investigation of the event.
(3)For subsection (2), the inspector may enter the premises with any necessary assistance and force.
(4)The inspector may do anything reasonably necessary for a purpose mentioned in subsection (2).
(5)If an inspector acts under this section in the absence of the occupier of the premises, the inspector must, when leaving the premises, leave a written notice, secured in a conspicuous place, setting out—
(a)the inspector’s name; and
(b)the time and date of the entry; and
(c)the purpose of the entry; and
(d)how to contact the inspector.
(6)The power to enter premises under this section is additional to the powers under section 74.
Power to seize things
(1)An inspector who enters premises under this part with the consent of the occupier may seize anything at the premises if—
(a)the inspector is satisfied on reasonable grounds that the thing is connected with an offence against this Act; and
(b)seizure of the thing is consistent with the purpose of the entry told to the occupier when seeking the occupier’s consent.
(2)An inspector who enters premises under a warrant under this part may seize anything at the premises that the inspector is authorised to seize under the warrant.
(3)An inspector who enters premises under this part (whether with the consent of the occupier, under a warrant or otherwise) may seize anything at the premises if satisfied on reasonable grounds that—
(a)the thing is connected with an offence against this Act; and
(b)the seizure is necessary to prevent the thing from being—
(i)concealed, lost or destroyed; or
(ii)used to commit, continue or repeat the offence.
(4)Also, an inspector who enters premises under this part (whether with the consent of the occupier, under a warrant or otherwise) may seize anything at the premises if satisfied on reasonable grounds that the thing poses a risk to work safety.
(5)The powers of an inspector under subsections (3) and (4) are additional to the powers of the inspector under subsections (1) and (2) and any other territory law.
Action in relation to seized thing
(1)This section applies if an inspector has seized a thing at premises (the place of seizure) under section 85.
(2)The inspector may—
(a)remove the thing from the place of seizure to another place; or
(b)leave the thing at the place of seizure but restrict access to it.
Example—how access may be restricted
The inspector may—
(a) place the seized thing in a room or other enclosed area, compartment or cabinet at the place of seizure; and
(b) fasten and seal the door or opening providing access to the room, area, compartment or cabinet; and
(c) mark the door or opening in a way that indicates that access to it has been restricted under this Act.
Note 1The inspector may also destroy or otherwise dispose of the thing under s 87 if that section applies to the thing.
Note 2An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(3)A person commits an offence if—
(a)the person interferes with a seized thing, or anything containing a seized thing, to which access has been restricted under subsection (2); and
(b)the person does not have an inspector’s approval to interfere with the thing.
Maximum penalty: 100 penalty units.
Power to destroy unsafe things
(1)This section applies to anything inspected or seized under this part by an inspector if the inspector believes on reasonable grounds that the thing poses a risk to work safety.
(2)The inspector may—
(a)require the occupier of the premises where the thing is to destroy or otherwise dispose of the thing; or
(b)if the thing has been seized—destroy or otherwise dispose of the thing.
(3)A requirement under subsection (2) (a) may state 1 or more of the following:
(a)how the thing must be destroyed or otherwise disposed of;
(b)how the thing must be kept until it is destroyed or otherwise disposed of;
(c)the period within which the thing must be destroyed or otherwise disposed of.
(4)The occupier of the premises where the thing is commits an offence if the person contravenes a requirement under subsection (2) (a).
Maximum penalty: 100 penalty units.
(5)Costs incurred by the Territory in relation to the disposal of a thing under subsection (2) (b) are a debt owing to the Territory by, and are recoverable together and separately from, the following people:
(a)each person in control of a business or undertaking in relation to the thing seized or, if there is no such person, each person in relation to work performed at the premises from which the thing was seized;
(b)the person who owned the thing.
Power to require name and address
(1)An inspector may require a person to state the person’s name and home address if the inspector believes on reasonable grounds that the person is committing, is about to commit, or has just committed, an offence against this Act.
NoteA reference to an Act includes a reference to statutory instruments made or in force under the Act, including regulations and any law or instrument applied, adopted or incorporated by the Act (see Legislation Act, s 104).
(2)The inspector must tell the person the reason for the requirement and, as soon as practicable, record the reason.
(3)The person may ask the inspector to produce the inspector’s identity card for inspection by the person.
(4)A person must comply with a requirement made of the person under subsection (1) if the inspector—
(a)tells the person the reason for the requirement; and
(b)complies with any request made by the person under subsection (3).
Maximum penalty: 10 penalty units.
(5)An offence against this section is a strict liability offence.
Power to require production of authorisation
(1)This section applies if—
(a)an inspector believes on reasonable grounds that the person is doing something, is about to do something, or has just done something; and
(b)the regulations require doing the thing to be authorised (however described) under this Act.
Example
a person is operating a forklift and, under this Act, is required to hold a certificate to operate the forklift
NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(2)The inspector may require the person to produce for inspection anything that authorises the person to do the thing.
(3)The inspector must tell the person the reason for the requirement and, as soon as practicable, record the reason.
(4)The person may ask the inspector to produce the inspector’s identity card for inspection by the person.
(5)A person must comply with a requirement made of the person under subsection (2) if the inspector—
(a)tells the person the reason for the requirement; and
(b)complies with any request made by the person under subsection (4).
Maximum penalty: 10 penalty units.
(6)An offence against this section is a strict liability offence.
(7)For this section, the regulations may declare that a person authorised to do a thing under a corresponding law is authorised to do the thing under this Act.
(8)In this section:
corresponding law means a State law that corresponds to this Act.
Division 5.3 Search warrants
Warrants generally
(1)An inspector may apply to a magistrate for a warrant to enter premises.
(2)The application must be sworn and state the grounds on which the warrant is sought.
(3)The magistrate may refuse to consider the application until the inspector gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.
(4)The magistrate may issue a warrant only if satisfied there are reasonable grounds for suspecting—
(a)there is a particular thing or activity connected with an offence against this Act; and
(b)the thing or activity is, or is being engaged in, at the premises, or may be, or may be engaged in, at the premises within the next 14 days.
NoteAt premises includes in or on the premises (see dict).
(5)The warrant must state—
(a)that an inspector may, with any necessary assistance and force, enter the premises and exercise the inspector’s powers under this part; and
(b)the offence for which the warrant is issued; and
(c)the things that may be seized under the warrant; and
(d)the hours when the premises may be entered; and
(e)the date, within 14 days after the day the warrant is issued, that the warrant ends.
Warrants—application made other than in person
(1)An inspector may apply for a warrant by phone, fax, radio or other form of communication if the inspector considers it necessary because of—
(a)urgent circumstances; or
(b)other special circumstances.
(2)Before applying for the warrant, the inspector must prepare an application stating the grounds on which the warrant is sought.
(3)The inspector may apply for the warrant before the application is sworn.
(4)If the magistrate issues the warrant, the magistrate must immediately fax a copy to the inspector if it is practicable to do so.
(5)If it is not practicable to fax a copy to the inspector—
(a)the magistrate must tell the inspector—
(i)the terms of the warrant; and
(ii)the date and time the warrant was issued; and
(b)the inspector must complete a form of warrant (the warrant form) and write on it—
(i)the magistrate’s name; and
(ii)the date and time the magistrate issued the warrant; and
(iii)the warrant’s terms.
(6)The faxed copy of the warrant, or the warrant form properly completed by the inspector, authorises the entry and exercise of the inspector’s powers under the warrant.
(7)The inspector must, at the first reasonable opportunity, send the magistrate—
(a)the sworn application; and
(b)if the inspector completed a warrant form—the completed warrant form.
(8)On receiving the documents, the magistrate must attach them to the warrant.
(9)A court must find that a power exercised by an inspector was not authorised by a warrant under this section if—
(a)the question arises in a proceeding before the court whether the exercise of power was authorised by a warrant; and
(b)the warrant is not produced in evidence; and
(c)it is not proved that the exercise of power was authorised by a warrant under this section.
Search warrants—announcement before entry
(1)An inspector must, before anyone enters premises under a search warrant—
(a)announce that the inspector is authorised to enter the premises; and
(b)give anyone at the premises an opportunity to allow entry to the premises; and
(c)if the occupier of the premises is present at the premises—identify himself or herself to the occupier.
(2)The inspector is not required to comply with subsection (1) if the inspector believes on reasonable grounds that immediate entry to the premises is required to ensure—
(a)the safety of anyone (including the inspector or anyone assisting); or
(b)that the effective execution of the warrant is not frustrated.
Details of search warrant to be given to occupier etc
If the occupier of the premises is present at the premises while a search warrant is being executed, the inspector or a person assisting must make available to the occupier—
(a)a copy of the warrant; and
(b)a document setting out the rights and obligations of the occupier.
Occupier entitled to be present during search etc
(1)If the occupier of premises is present at the premises while a search warrant is being executed, the occupier is entitled to observe the search being conducted.
(2)However, the occupier is not entitled to observe the search if—
(a)to do so would impede the search; or
(b)the occupier is under arrest, and allowing the occupier to observe the search being conducted would interfere with the objectives of the search.
(3)This section does not prevent 2 or more areas of the premises being searched at the same time.
Moving things to another place for examination or processing under search warrant
(1)A thing found at premises entered under a search warrant may be moved to another place for examination or processing to decide whether it may be seized under the warrant if—
(a)both of the following apply:
(i)there are reasonable grounds for believing that the thing is or contains something to which the warrant relates;
(ii)it is significantly more practicable to move the thing having regard to the timeliness and cost of examining or processing the thing at another place and the availability of expert assistance; or
(b)the occupier of the premises agrees in writing.
(2)The thing may be moved to another place for examination or processing for not longer than 3 business days.
(3)An inspector may apply to a magistrate for an extension of time if the inspector believes on reasonable grounds that the thing cannot be examined or processed within 3 business days.
(4)The inspector must give notice of the application to the occupier of the premises, and the occupier is entitled to be heard on the application.
(5)If a thing is moved to another place under this section, the inspector must, if practicable—
(a)tell the occupier of the premises the address of the place where, and time when, the examination or processing will be carried out; and
(b)allow the occupier or the occupier’s representative to be present during the examination or processing.
(6)The provisions of this division relating to the issue of search warrants apply, with any necessary changes, to the giving of an extension under this section.
Use of electronic equipment at premises
(1)An inspector or person assisting may operate electronic equipment at premises entered under a search warrant to access data (including data not held at the premises) if the inspector or person believes on reasonable grounds that—
(a)the data might be something to which the warrant relates; and
(b)the equipment can be operated without damaging the data.
(2)If the inspector or person assisting believes on reasonable grounds that any data accessed by operating the electronic equipment might be something to which the warrant relates, the inspector or person may—
(a)copy the data to a data storage device brought to the premises; or
(b)if the occupier of the premises agrees in writing—copy the data to a data storage device at the premises.
(3)The inspector or person assisting may take the device from the premises.
(4)The inspector or person assisting may do the following things if the inspector or person finds that anything to which the warrant relates (the material) is accessible using the equipment:
(a)seize the equipment and any data storage device;
(b)if the material can, by using facilities at the premises, be put in documentary form—operate the facilities to put the material in that form and seize the documents produced.
(5)An inspector may seize equipment under subsection (4) (a) only if—
(a)it is not practicable to copy the data as mentioned in subsection (2) or to put the material in documentary form as mentioned in subsection (4) (b); or
(b)possession of the equipment by the occupier could be an offence.
Part 14Miscellaneous
Electronic service
(1)This section applies to a notice required or allowed to be given to a person under this Act.
(2)To remove any doubt, the notice may be given by emailing it to the person’s email address even if the notice is required to be in writing.
(3)This section is in addition to, and does not limit, any other method of service provided under another law.
NoteService is also dealt with in the Legislation Act, pt 19.5 and the Electronic Transactions Act 2001, s 8 (which is about electronically giving information required or allowed to be in writing).
(4)In this section:
email address, of a person in relation to anything done or to be done under this Act, includes the latest email address of the person (if any) recorded in a register or other records kept under this Act.
Contracting out prohibited
A term of any agreement or contract that purports to exclude, limit or modify the operation of this Act is void.
Determination of fees
(1)The Minister may, in writing, determine fees for this Act.
NoteThe Legislation Act contains provisions about the making of determinations and regulations relating to fees (see pt 6.3).
(2)A determination is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
Approved forms
(1)The Minister may, in writing, approve forms for this Act.
NoteFor other provisions about forms, see the Legislation Act, s 255.
(2)If the Minister approves a form for a particular purpose, the approved form must be used for that purpose.
(3)An approved form is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
Regulation-making power
(1)The Executive may make regulations for this Act.
NoteRegulations must be notified, and presented to the Legislative Assembly, under the Legislation Act.
(2)A regulation may make provision on any subject matter affecting, or likely to affect, work safety.
(3)A regulation may prescribe—
(a)offences for contraventions of a regulation; and
(b)maximum penalties of not more than 30 penalty units for offences against a regulation; and
(c)a document as an incorporated document.
NoteThe text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act, s 47 (5) or (6) is not disapplied (see s 47 (7)).
(4)Before making regulations the Executive must—
(a)consult with the council on the subject matter of the regulation; and
(b)have regard to the recommendations (if any) made to the Executive by the council.
Part 20Transitional
Definitions—pt 20
In this part:
commencement day means the day the Work Safety Act 2008 commences.
repealed Act means the Occupational Health and Safety Act 1989.
Transitional—health and safety representatives
(1)The selection of a person as a health and safety representative for a designated work group under the repealed Act, section 56, that is in force immediately before the commencement day, is taken to be an election of the person as a work safety representative for the worker consultation unit that corresponds to the designated work group under this Act, section 58.
(2)The election mentioned in subsection (1) continues in force until the end of the health and safety representative’s term of office.
Transitional—health and safety committee
A health and safety committee, operational immediately before the commencement day and carrying out the functions mentioned in the repealed Act, section 86, is taken to be a work safety committee that corresponds to the work safety committee under this Act, section 60.
Transitional—work groups designated by employer
(1)A work group designated by an employer under the repealed Act, section 53, that is in force immediately before the commencement day, that corresponds to a worker consultation unit under this Act is taken to be a worker consultation unit under this Act.
(2)The worker consultation unit mentioned in subsection (1) continues in force until the unit is reviewed under this Act, section 52.
Transitional—authorised representatives
(1)The authorisation by a registered organisation of a person as an authorised representative under the repealed Act, section 75, that is in force immediately before the commencement day, is taken to be an authorisation by the registered organisation of the person as an authorised representative under this Act, section 62.
(2)The authorisation mentioned in subsection (1) continues in force until the earlier of the following:
(a)the end of the period the authorised representative is authorised for under the repealed Act;
(b)the end of the authorisation under this Act, section 62 (3);
(c)1 year after the commencement day.
Transitional—Occupational Health and Safety Council
The appointment of a person as a member of the Occupational Health and Safety Council under the repealed Act, section 14, that is in force immediately before the commencement day, is taken to be an appointment of the person as a member of the Work Safety Council under this Act, section 186 and continues in force until the end of the term of the appointment under the repealed Act unless ended earlier.
NoteA person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def appoint).
Transitional—Occupational Health and Safety Commissioner
The appointment of a person as the Occupational Health and Safety Commissioner under the repealed Act, section 26, that is in force immediately before the commencement day, is taken to be an appointment of the person as the Work Safety Commissioner under this Act, section 200 and continues in force until the end of the term of the appointment under the repealed Act unless ended earlier.
NoteA person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def appoint).
Transitional—inspectors
The appointment of a person to be an inspector under the repealed Act, section 201, that is in force immediately before the commencement day, is taken to be an appointment of the person as an inspector under this Act, section 180.
Transitional—codes of practice
(1)The following codes of practice approved under the repealed Act, section 206, that are in force immediately before the commencement day, are taken to be codes of practice under this Act, section 18:
· Occupational Health and Safety (National Standard for Synthetic Mineral Fibres) Approval 1992 (DI1992-192);
· Occupational Health and Safety (Control and Safe Use of Inorganic Lead at Work) Approval 1995 (DI1995-23);
· Occupational Health and Safety (National Standard for Plant) Approval 1995 (DI1995-24);
· Occupational Health and Safety (Safe Working in a Confined Space) Approval 1995 (DI1995-30);
· Occupational Health and Safety (National Standard for Limiting Occupational Exposure to Ionising Radiation) Approval 1996 (DI1996-2).
(2)The following codes of practice approved under the repealed Act, section 206, that are in force immediately before the commencement day, are taken to be codes of practice under this Act, section 18 for 1 year after the commencement day:
· Occupational Health and Safety (Code of Practice for Smoke Free Workplaces) Approval 1994 (DI1994-25);
· Occupational Health and Safety (Human Immunodeficiency Virus and Hepatitis B in the Workplace National Code of Practice) Determination 1994 (DI1994-111);
· Occupational Health and Safety (National Code of Practice for the Prevention of Occupational Overuse Syndrome) Determination 1994 (DI1994-115);
· Occupational Health and Safety (Exposure Standards for Atmospheric Contaminants in the Occupational Environment) Code of Practice Approval 1996 (DI1996-255);
· Occupational Health and Safety (Steel Construction) Code of Practice Approval 1997 (DI1997-57);
· Occupational Health and Safety (Safe Working on Roofs pt 1) Code of Practice Approval 1997 (DI1997-269);
· Occupational Health and Safety (ACT Construction Industry Amenities) Code of Practice 1998 (DI1998-222);
· Occupational Health and Safety (Manual Handling) Code of Practice 1999 (DI1999-9);
· Occupational Health and Safety (Safe Working on Roofs Pt 2) Code of Practice Approval 1999 (DI1999-185);
· Occupational Health and Safety (Safe Demolition Work) Code of Practice Approval 2000 (DI2000-343);
· Occupational Health and Safety (Code of Practice for the Transport and Delivery of Cash) 2003 (DI2003-260);
· Occupational Health and Safety (Codes of Practice for Noise) Approval 2004 (DI2004-178);
· Occupational Health and Safety (Sexual Services Industry) Code of Practice 2005 (No 1) (DI2005-68);
· Occupational Health and Safety (ACT First Aid in the Workplace) Code of Practice 2006 (DI2006-94);
· Occupational Health and Safety (National Standard for Construction Work) Code of Practice 2008 (DI2008-30);
· Occupational Health and Safety (National Standard for Manual Tasks) Code of Practice 2008 (DI2008-31);
· Occupational Health and Safety (National Code of Practice for the Prevention of Musculoskeletal Disorders from the Performing of Manual Tasks at Work) Code of Practice 2008 (DI2008-32).
Transitional regulations
(1)A regulation may prescribe transitional matters necessary or convenient to be prescribed because of the enactment of this Act.
(2)A regulation may modify this part (including in relation to another territory law) to make provision in relation to anything that, in the Executive’s opinion, is not, or is not adequately or appropriately, dealt with in this part.
(3)A regulation under subsection (2) has effect despite anything elsewhere in this Act or another territory law.
Expiry—pt 20
(1)This part expires 5 years after the day it commences.
(2)This part is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.
Dictionary
(see s 3)
Note 1The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:
· ACAT
· bankrupt or personally insolvent
· by
· director‑general (see s 163)
· function
· home address
· Minister (see s 162)
· person
· the Territory
· under.
alleged contravention, for division 6.6 (Enforceable undertakings)—see section 154 (3) (b).
approved code of practice—see section 18.
at premises includes in or on the premises.
authorised analyst means an analyst authorised under section 215.
authorised representative, for division 4.4 (Authorised representative—entry to workplace)—see section 61.
basis, for giving a prohibition notice, for division 6.5 (Prohibition notices)—see section 139.
building includes part of a building.
business or undertaking—see section 11.
commissioner means the Work Safety Commissioner appointed under section 200.
connected, for part 5 (Enforcement powers)—see section 73.
council, means the Work Safety Council established under section 184.
dangerous occurrence—see section 37.
data, for part 5 (Enforcement powers)—see section 73.
data storage device, for part 5 (Enforcement powers)—see section 73.
decision-maker—for part 7 (Administrative review of decisions)—see section 175 (1).
employer, of a worker—see section 10.
enforceable undertaking, for division 6.6 (Enforceable undertakings)—see section 153.
examine includes inspect, weigh, count, test and measure.
hazard—a thing (including an intrinsic property of a thing), or a situation, is a hazard if it has the potential to kill or injure a person.
improvement notice—see section 131.
incorporated document—see the Work Safety (General) Regulation 2009, dictionary.
inspector means an inspector under section 180.
internally reviewable decision—for part 7 (Administrative review of decisions)—see section 176 (1).
internal reviewer—for part 7 (Administrative review of decisions)—see section 176 (3).
manages risk—see section 14.
occupier, of premises, for part 5 (Enforcement powers)—see section 73.
offence, for part 5 (Enforcement powers)—see section 73.
office, in an organisation, for division 4.4 (Authorised representatives—entry to workplace)—see section 61.
person assisting, in relation to a search warrant, for part 5 (Enforcement powers)—see section 73.
person in control—see section 13.
plant includes—
(a)machinery, equipment or a tool; and
(b)a component of, or accessary to, machinery, equipment or a tool.
premises includes—
(a)a structure, building, aircraft, vehicle or vessel; and
(b)a place (whether enclosed or built on or not); and
(c)a part of premises (including premises of a kind mentioned in paragraph (a) or (b)).
prohibition notice means a prohibition notice given under section 140.
provisional improvement notice means a provisional improvement notice as prescribed by regulation.
public sector workplace, for division 6.8 (Public sector workplace compliance measures)—see section 165.
reasonably practicable steps—see section 15.
registered organisation means an organisation registered under the Fair Work (Registered Organisations) Act 2009 (Cwlth).
relevant person, for an enforceable undertaking, for division 6.6 (Enforceable undertakings)—see section 153.
relevant responsible person—
(a)for a compliance agreement, for division 6.3 (Compliance agreements)—see section 124; and
(b)for an improvement notice, for division 6.4 (Improvement notices)—see section 130; and
(c)for a prohibition notice, for division 6.5 (Prohibition notices)—see section 139.
responsible person, for a contravention of a provision of this Act, for part 6 (Compliance measures)—see section 118.
reviewable decision—for part 7 (Administrative review of decisions)—see section 174.
risk—see section 8.
safety duty, for division 3.2 (Work safety risks—failure to comply with duties)—see section 29.
safety undertaking—see section 154.
search warrant, for part 5 (Enforcement powers)—see section 73.
serious event, for division 3.3 (Work safety risks—serious events)—see section 36.
structure includes—
(a)a building, whether permanent or temporary; and
(b)part of a structure.
substance includes a matter, material or thing, whether solid, liquid or gas or in a mixture.
supply includes supply, or resupply, by sale, exchange, lease, hire or hire-purchase, whether as principal or agent.
worker—see section 9.
worker consultation unit, for an employer—see section 46.
workplace—see section 12.
work safety—see section 7.
work safety committee, for a worker consultation unit, means the work safety committee elected for the unit under division 4.1.
work safety representative, for a worker consultation unit, means a person elected as a work safety representative for the unit under division 4.1.
Endnotes
About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
Abbreviation key
A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired
Legislation history
Work Safety Act 2008 A2008-51
notified LR 16 September 2008
s 1, s 2 commenced 16 September 2008 (LA s 75 (1))
remainder commenced 1 October 2009 (s 2 (1) (b) and CN2009-11)as amended by
Work Safety Legislation Amendment Act 2009 A2009-28 sch 1
notified LR 9 September 2009
s 1, s 2 commenced 9 September 2009 (LA s 75 (1))
sch 1 commenced 1 October 2009 (s 2 and see Work Safety Act 2008 A2008-51, s 2 (1) (b) and CN2009-11)Statute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.87
notified LR 26 November 2009
s 1, s 2 commenced 26 November 2009 (LA s 75 (1))sch 3 pt 3.87 commenced 17 December 2009 (s 2)
Statute Law Amendment Act 2011 A2011-3 sch 1 pt 1.6
notified LR 22 February 2011
s 1, s 2 commenced 22 February 2011 (LA s 75 (1))sch 1 pt 1.6 commenced 1 March 2011 (s 2)
Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.175
notified LR 30 June 2011
s 1, s 2 commenced 30 June 2011 (LA s 75 (1))sch 1 pt 1.175 commenced 1 July 2011 (s 2 (1))
Statute Law Amendment Act 2011 (No 2) A2011-28 sch 3 pt 3.32
notified LR 31 August 2011
s 1, s 2 commenced 31 August 2011 (LA s 75 (1))sch 3 pt 3.32 commenced 21 September 2011 (s 2 (1))
as repealed by
Work Health and Safety (Consequential Amendments) Act 2011 A2011‑55 s 4
notified LR 14 December 2011
s 1, s 2 commenced 14 December 2011 (LA s 75 (1))s 4 commenced 1 January 2012 (s 2 and see Work Health and Safety Act 2011 A2011-35, s 2 and CN2011-12)
Amendment history
Commencement
s 2om LA s 89 (4)
Approved code of practice and incorporated document may be considered
s 19sub A2009-28 amdt 1.1
Duty—safe conduct of business or undertaking
s 21am A2009-28 amdt 1.2
Duties—person in control of manufacture
s 25am A2009-28 amdt 1.28
Duties—person in control of import and supply
s 26am A2009-28 amdt 1.28
Meaning of serious event—div 3.3
s 36am A2011-3 amdt 1.10
Meaning of dangerous occurrence
s 37sub A2009-28 amdt 1.3
Notice of serious events
s 38am A2011-22 amdt 1.486
Person in control to protect site of occurrence of serious event
s 41am A2011-22 amdt 1.486
Meaning of worker consultation unit
s 46am A2009-28 amdt 1.4
Duty to consult
s 47am A2009-28 amdt 1.5
Worker consultation unit—election
s 50am A2009-28 amdt 1.29, amdt 1.30
Worker consultation unit—review
s 52am A2009-28 amdt 1.6
Duty to consult—deciding how workers to be consulted
s 54am A2009-28 amdt 1.7, amdt 1.8, amdt 1.29, amdt 1.30
Duty to consult—director‑general may direct election of work safety committee
s 55 hdgam A2009-28 amdt 1.29; A2011-22 amdt 1.486
s 55am A2009-28 amdt 1.29; A2011-22 amdt 1.486
Duty to consult—director‑general may direct election of work safety committee in an industry
s 55A hdgam A2011-22 amdt 1.486
s 55Ains A2009-28 amdt 1.9
am A2011-22 amdt 1.486
Duty to consult—consulting workers
s 56am A2009-28 amdt 1.10, amdt 1.11, amdt 1.29, amdt 1.30
Dispute resolution—mechanism
s 57am A2009-28 amdt 1.29, amdt 1.30; A2011-22 amdt 1.486
Work safety representative
div 4.2 hdgam A2009-28 amdt 1.30
Work safety representative—functions
s 58 hdgam A2009-28 amdt 1.30
s 58am A2009-28 amdt 1.12, amdt 1.30
Work safety representative—employer obstructing etc
s 58Ains A2009-28 amdt 1.13
Work safety representative—access to personal health information
s 58Bins A2009-28 amdt 1.13
Work safety representative—protection from liability
s 59 hdgam A2009-28 amdt 1.30
s 59am A2009-28 amdt 1.30
Work safety committee
div 4.3 hdgam A2009-28 amdt 1.29
Work safety committee—functions
s 60 hdgam A2009-28 amdt 1.29
s 60am A2009-28 amdt 1.29
Work safety committee—protection from liability
s 60Ains A2009-28 amdt 1.14
Definitions—div 4.4
s 61def office sub A2011-28 amdt 3.224
Authorised representative—occupier to be told about findings
s 69am A2011-22 amdt 1.486
Authorised representative—offences by registered organisations
s 70am A2011-22 amdt 1.486
Power to take action to prevent imminent risk
s 81am A2011-22 amdt 1.486
Report about action to prevent imminent risk
s 82am A2011-22 amdt 1.486
Power to require name and address
s 88am A2009-49 amdt 3.219
Return of things seized
s 102am A2011-22 amdt 1.486
Application for order disallowing seizure
s 103am A2011-22 amdt 1.486
Order for return of seized thing
s 104am A2011-22 amdt 1.486
Adjournment pending hearing of other proceedings
s 105am A2011-22 amdt 1.486
Forfeiture of seized things
s 106am A2011-22 amdt 1.486
Return of forfeited things
s 107am A2011-22 amdt 1.486
Certificates of analysis by authorised analysts
s 115am A2011-22 amdt 1.486
Director‑general may require answers to questions and production of documents
s 119 hdgam A2011-22 amdt 1.486
s 119am A2011-22 amdt 1.486
Compliance with notice to produce
s 120am A2011-22 amdt 1.486
Failure to attend before director‑general or produce documents
s 121 hdgam A2011-22 amdt 1.486
s 121am A2011-22 amdt 1.486
Attendance before director‑general—offences
s 122 hdgam A2011-22 amdt 1.486
s 122am A2011-22 amdt 1.486
Privileges against self-incrimination and exposure to civil penalties
s 123am A2011-22 amdt 1.486
Scope of prohibition notices
s 142am A2009-28 amdt 1.15
Request for reinspection
s 147am A2009-28 amdt 1.16; A2011-22 amdt 1.486
Revocation on reinspection
s 148am A2011-22 amdt 1.486
Making of safety undertakings
s 154am A2011-22 amdt 1.486
Acceptance of safety undertaking
s 155am A2011-22 amdt 1.486
Withdrawal from or amendment of enforceable undertaking
s 156am A2011-22 amdt 1.487
Term of enforceable undertaking
s 157am A2011-22 amdt 1.486, amdt 1.487
Safety undertaking not admission of fault etc
s 158am A2011-22 amdt 1.486
Contravention of enforceable undertakings
s 159am A2011-22 amdt 1.486
Injunctions to restrain offences against Act
s 160am A2011-22 amdt 1.486
Amendment or discharge of injunctions
s 162am A2011-22 amdt 1.486
Interim injunctions—undertakings about damages
s 163am A2011-22 amdt 1.486
Reporting certain failures to comply in public sector workplaces
s 166am A2011-22 amdt 1.486
Notice of failure to comply with safety duty in public sector workplace
s 167am A2011-22 amdt 1.486
Notice of failure to comply—no failure found
s 168am A2011-22 amdt 1.486
Notice of failure to comply—failure addressed
s 169am A2011-22 amdt 1.486
Notice of failure to comply—failure not addressed
s 170am A2011-22 amdt 1.486
Notice of noncompliance—annual report
s 171am A2011-22 amdt 1.486, amdt 1.487
Annual report—additional compliance information
s 172am A2011-22 amdt 1.486, amdt 1.487
Application—pt 7
s 174am A2011-22 amdt 1.486
Notice of reviewable decisions
s 175am A2011-22 amdt 1.486
Internal review of certain decisions
s 176am A2011-22 amdt 1.486
Inspectors
s 180am A2011-22 amdt 1.486
Identity cards
s 181am A2011-22 amdt 1.486
Protection of officials from liability
s 182am A2011-22 amdt 1.486
Ministerial directions to director‑general
s 183 hdgam A2011-22 amdt 1.486
s 183am A2011-22 amdt 1.486, amdt 1.487
Ending appointment of council member
s 192sub A2009-28 amdt 1.17
am A2009-49 amdt 3.220; A2011-22 amdt 3.225
Functions
s 201am A2011-22 amdt 1.486
Removal of commissioner
s 203am A2009-49 amdt 3.221
Director‑general and commissioner reports
pt 11 hdgam A2011-22 amdt 1.486
Director‑general’s annual report
s 208 hdgam A2011-22 amdt 1.487
s 208am A2011-22 amdt 1.486
Additional reports by director‑general
s 209 hdgam A2011-22 amdt 1.486
s 209am A2009-28 amdt 1.18; A2011-22 amdt 1.486
Use of protected information
s 211sub A2009-28 amdt 1.19
Power of court to order further analysis
s 214am A2011-22 amdt 1.486
Appointment of authorised analysts
s 215am A2011-22 amdt 1.486
Notice of code approvals
s 216am A2011-22 amdt 1.486
Private prosecution of offences
s 218am A2011-22 amdt 1.484
Publication by director‑general of convictions etc
s 220 hdgam A2011-22 amdt 1.486
s 220am A2011-22 amdt 1.486
Regulation-making power
s 230am A2009-28 amdts 1.20-1.22
Transitional
pt 20 hdgins A2009-28 amdt 1.23
exp 1 October 2014 (s 510 (1) (LA s 88 declaration applies))
Definitions—pt 20
s 500ins A2009-28 amdt 1.23
exp 1 October 2014 (s 510 (1) (LA s 88 declaration applies))
def commencement day ins A2009-28 amdt 1.23
def repealed Act ins A2009-28 amdt 1.23
Transitional—health and safety representatives
s 501ins A2009-28 amdt 1.23
exp 1 October 2014 (s 510 (1) (LA s 88 declaration applies))
Transitional—health and safety committee
s 502ins A2009-28 amdt 1.23
exp 1 October 2014 (s 510 (1) (LA s 88 declaration applies))
Transitional—work groups designated by employer
s 503ins A2009-28 amdt 1.23
exp 1 October 2014 (s 510 (1) (LA s 88 declaration applies))
Transitional—authorised representatives
s 504ins A2009-28 amdt 1.23
exp 1 October 2014 (s 510 (1) (LA s 88 declaration applies))
Transitional—Occupational Health and Safety Council
s 505ins A2009-28 amdt 1.23
exp 1 October 2014 (s 510 (1) (LA s 88 declaration applies))
Transitional—Occupational Health and Safety Commissioner
s 506ins A2009-28 amdt 1.23
exp 1 October 2014 (s 510 (1) (LA s 88 declaration applies))
Transitional—inspectors
s 507ins A2009-28 amdt 1.23
exp 1 October 2014 (s 510 (1) (LA s 88 declaration applies))
Transitional—codes of practice
s 508ins A2009-28 amdt 1.23
exp 1 October 2014 (s 510 (1) (LA s 88 declaration applies))
Transitional regulations
s 509ins A2009-28 amdt 1.23
exp 1 October 2014 (s 510 (1) (LA s 88 declaration applies))
Expiry—pt 20
s 510ins A2009-28 amdt 1.23
exp 1 October 2014 (s 510 (1) (LA s 88 declaration applies))
Dictionary
dictam A2009-28 amdt 1.24; A2009-49 amdt 3.222; A2011-22 amdt 1.485
def health and safety committee om A2009-28 amdt 1.25
def health and safety representative om A2009-28 amdt 1.25
def incorporated document ins A2009-28 amdt 1.26
def registered organisation sub A2011-22 amdt 3.226
def work safety committee ins A2009-28 amdt 1.27
def work safety representative ins A2009-28 amdt 1.27
Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
Republication No and date
Effective
Last amendment made by
Republication for
R1
1 Oct 20091 Oct 2009–
16 Dec 2009A2009-28 new Act and amendments by A2009-28 R2
17 Dec 200917 Dec 2009–
28 Feb 2011A2009-49 amendments by A2009-49 R3
1 Mar 20111 Mar 2011–
30 June 2011A2011-3 amendments by A2011-3 R4
1 July 20111 July 2011–
20 Sept 2011A2011-22 amendments by A2011-22 R5
21 Sept 201121 Sept 2011–
31 Dec 2011A2011-28 amendments by A2011-28
0
0
0