Work Safety Regulation 2009 (ACT)
Work Safety Regulation 2009 (repealed)
SL2009-45
made under the
Work Safety Act 2008
Republication No 5
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As repealed by A2011-55 s 4 (1)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This is a republication of the Work Safety Regulation 2009 (repealed), made under the Work Safety Act 2008, including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes).It also includes any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 includes 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 Regulation 2009 (repealed)
made under the
Work Safety Act 2008
Contents
Page
Part 1 Preliminary
1 Name of regulation 2
3 Dictionary 2
4 Notes 2
5Offences against regulation—application of Criminal Code etc 3
Part 2 Injury and dangerous occurrence reporting and records
6 Period of incapacity for work—Act, s 36 (b) 4
7 Requirements for notice—Act, s 38 (2) 4
8 Keeping information given by director‑general 5
9 Content of records 6
Part 3 Facilities
Division 3.1 Amenities
10 Person conducting a business or undertaking to provide amenities 7
11 Amenities to be safe and clean 8
12 Facility for personal belongings 8
13 Facility for changing clothes 8
14 Facility for changing clothes—temporary workplaces 9
15 Meal facility 10
16 Combined facilities 11
17 Toilet facility 11
18 Washing facility 13
19 Shower facility 13
20 Drinking water 14
21 Seating 14
22 Working space 15
Division 3.2 First aid and sickness
23 First aid 16
24 Arrangements for sick workers 17
Part 4 Work safety representatives
Division 4.1 Work safety representatives—election process
25 Work safety representative—eligibility 18
26 Election process—number of work safety representatives 18
27 Election process—worker consultation unit may ask others to conduct election 18
28 Election process—notice of election of work safety representatives 19
29 Election process—replacement work safety representatives 20
30 Work safety representative—deputy 20
Division 4.2 Work safety representatives—general
31 Work safety representative—additional function—Act, s 58 (2) 21
32 Work safety representative—exercising functions—Act, s 58 (3) 22
33 Work safety representative—access to information 23
Division 4.3 Work safety representatives—conditions of office
34 Work safety representative—term of office 23
35 Work safety representative—application for disqualification 24
36 Work safety representative—grounds for disqualification 24
37 Work safety representative—notice of intention to disqualify 25
38 Work safety representative—disqualification 26
39 Work safety representative—revocation of disqualification 27
40 Work safety representative—approved training 28
41 Work safety representative—refresher training 29
Division 4.4 Work safety representatives—employer’s duties
42 Work safety representative—employer to allow for time to exercise functions and undertake training 30
43 Work safety representative—employer to provide facilities 31
Division 4.5 Work safety representatives—provisional improvement notices
44 Provisional improvement notice—Act, dict, def provisional improvement notice 31
45 Provisional improvement notice—issue of notice 31
46 Provisional improvement notice—content of notice 32
47 Provisional improvement notice—service of notice on director‑general etc 33
48 Provisional improvement notice—service of notice on other employers etc 33
49 Provisional improvement notice—display 34
50 Provisional improvement notice—compliance 35
51 Provisional improvement notice—revocation of notice 35
52 Provisional improvement notice—review 36
Division 4.6 Work safety representatives—emergency procedures
53 Emergency procedure 38
54 Emergency procedure—alternative work 39
Part 5 Work safety committees
Division 5.1 Work safety committees—establishment
55 Work safety committee—eligibility 40
56 Election process—worker consultation unit may ask others to conduct election 40
57 Election process—notice of election of work safety committee members 41
Division 5.2 Work safety committees—general
58 Work safety committee—exercising functions 42
59 Work safety committee—governance 42
60 Work safety committee—employer’s duties 43
Part 6 Authorised representatives
61 Authorised representative—training—Act, s 62 (2) (b) 45
62 Authorised representative—application for disqualification 45
63 Authorised representative—grounds for disqualification 46
64 Authorised representative—notice of intention to disqualify 46
65 Authorised representative—disqualification 47
66 Authorised representative—revocation of disqualification 48
Part 7 Particular safety measures
Division 7.1 Entry and exit
67 Entry to and exit from workplaces 49
68 Movement within workplaces 49
Division 7.2 Personal protective and safety equipment
69 Person conducting business or undertaking to provide personal protective and safety equipment 50
70 Responsibilities of users of personal protective and safety equipment 52
71 Certain personal protective and safety equipment to be provided 53
72 Air supplied respiratory equipment 54
Division 7.3 Prevention of falls
73 Meaning of anchorage—div 7.3 56
74 Protection against falls 56
75 Protection against falls—maintenance work 58
76 Use of safety harness, safety line and anchorage 58
77 Use of ladders 60
78 Use of particular types of ladders 60
Division 7.4 Atmosphere and ventilation
79 Definitions—div 7.4 62
80 Ventilation 63
81 Unsafe oxygen levels—particular measures 63
82 Unsafe levels of unclassified inhalable dust—particular measures 64
83 Unsafe levels of oxygen and unclassified inhalable dust—entry 65
84 Monitoring levels of oxygen and unclassified inhalable dust 66
Division 7.5 Heat and cold
85 Air temperature 67
86 Heat—particular measures 67
87 Cold—particular measures 68
Division 7.6 Surfaces and floors
88 Floors—general 68
89 Floors that become slippery 69
90 Floors—hard surfaces 70
Division 7.7 Electricity
91 Definitions—div 7.7 70
92 Electricity—measures for electrical installations 71
93 Electricity—measures for articles of electrical equipment 73
94 Electricity—measures for preventing contact 74
Division 7.8 Confined spaces
95 Definitions—div 7.8 76
96 Design etc—confined spaces 77
97 Hazard identification and risk assessment—confined spaces 78
98 Entry to and work in confined spaces 79
99 Isolation and control of potentially hazardous services—particular measures 82
100 Clearing containment before entry—particular measures 83
101 Unsafe level of oxygen and atmospheric contaminants 84
102 Entry permits—particular measures 85
103 Standby people—particular measures 87
104 Emergencies—particular measures 88
105 Entry protection—particular measures 90
106 Atmospheric testing and monitoring—particular measures 90
107 Training about confined spaces 91
108 Record keeping 93
Division 7.9 Lighting
109 Person conducting business or undertaking to provide lighting 94
Division 7.10 Noise management
110 Definitions—div 7.10 95
111 Working out LC,peak value—div 7.10 95
112 Noise management—duties of designers etc 95
113 Noise management—duties of person conducting business or undertaking 96
114 Noise management—duties of workers 97
Division 7.11 Isolated work
115 Isolated workers 98
Division 7.12 Fire and explosion
116 Fire and explosion—risk control 99
117 Fire and explosion—facilities 101
Division 7.13 Emergency procedures
118 Person conducting business or undertaking to provide for emergencies 102
Part 8 Licensing high risk work
Division 8.1 Important concepts
119 Definitions—pt 8 104
Division 8.2 High risk work licence
120 Carrying out high risk work without licence 107
121 Allowing unlicensed person to carry out work 107
122 Licence application 108
123 Licence issue 110
124 Licence conditions 111
125 Failing to comply with condition of licence 111
126 Form of licence 112
127 Term of licence 112
128 Renewal of licence 112
129 Issue of renewed licence 113
130 Application to vary licence 115
131 Variation of licence 116
132 Licensee not to hold other licence 117
133 Replacement of lost etc licence 118
Division 8.3 Suspension or cancellation of licence
134 Grounds for compulsory cancellation of licence 119
135 Compulsory cancellation of licence 119
136 Grounds for discretionary cancellation of licence 120
137 Discretionary cancellation of licence 121
138 Suspension of licence after notice 122
139 Immediate suspension of licence 123
140 Review of licence suspension or cancellation 123
141 Surrender of suspended or cancelled licence 125
142 Cooperation with other jurisdictions 126
Division 8.4 Trainees under supervision
143 Supervisor’s obligations 126
144 Trainee’s obligations 127
Division 8.5 Training and assessment
145 Training and assessment 128
146 Director‑general may issue directions 129
147 Exemption from training 129
148 Assessor qualifications 129
149 Statement of attainment 131
150 Registered training organisation—agreement with director‑general to provide training and assessment 131
151 Improperly issuing statement of attainment 132
152 Improperly obtaining statement of attainment 132
Division 8.6 Administration
153 Keeping and providing records of training and assessment 133
154 Cooperation with licensing authorities 133
155 Cooperation with registered training organisations 134
Division 8.7 Exemptions
156 Application for exemption 134
157 Grant of exemption 135
158 Exemption conditions 136
159 Failing to comply with condition of exemption 137
160 Notice of exemption 137
Division 8.8 Miscellaneous
161 Director‑general may make inquiries 137
162 Guidelines 138
163 Production of licence etc on request 138
164 Production of information etc on request 140
165 Licensee’s change of address 140
Part 9 Construction induction training
Division 9.1 Definitions—pt 9
166 Definitions—pt 9 141
Division 9.2 Requirement to hold construction induction training card
167 Person on construction site without construction induction training card 144
168 Allowing worker to be on construction site without construction induction training card 145
169 Allowing person to be on construction site without construction induction training card 145
Division 9.3 Construction induction training
170 Construction induction training and assessment 146
171 Construction induction training—registered training organisation agreement with director‑general 147
172 Construction induction training—trainer qualifications 147
173 Construction induction training—statement of attainment 147
174 Construction induction training—improperly issuing statement of attainment 148
175 Construction induction training—improperly obtaining statement of attainment 148
Division 9.4 Construction induction training card
176 Construction induction training card—application 149
177 Construction induction training card—issue 150
178 Construction induction training card—form 150
179 Production of construction induction training card to inspector on request 150
180 Replacement of lost etc card 151
Division 9.5 Cancellation of construction induction training card
181 Grounds for cancellation of construction induction training card 152
182 Cancellation of construction induction training card 152
183 Surrender of cancelled construction induction training card 153
Division 9.6 Miscellaneous
184 Employer to keep training records 153
185 Director‑general to cooperate with other jurisdictions 154
Part 10 Carrying out manual tasks
186 Meaning of manual task—pt 10 156
187 Person conducting business or undertaking must give information etc 156
188 Person in control of premises, plant or system must give information etc 158
189 Person in control of design, manufacture, import or supply must give information etc 160
Part 11 Incorporated documents
190 Meaning of incorporated document 162
191 Inspection of incorporated documents 163
192 Notification of certain incorporated documents 163
Part 12 Reviewable decisions
193 Reviewable decision—Act, s 174 (b) 166
194 Notice of reviewable decision—Act, s 175 (1) 166
195 Internal review of certain decisions—Act, s 176 (1) 166
Part 13 Transitional
196 Definitions—pt 13 167
197 Transitional—continuing application of repealed regulation in relation to scheduled work etc 168
198 Transitional—application of regulation in relation to scheduled work etc 168
199 Transitional—certificates of competency 169
200 Transitional—converting certificate of competency to licence 170
201 Expiry—pt 13 172
Schedule 1 High risk work 173
Part 1.1 Definitions—sch 1 173
1.1 Boilers 173
1.2 Boom-type elevating work platform 174
1.3 Bridge crane 175
1.4 Crane 175
1.5 Direct-fired process heater 175
1.6 Derrick crane 176
1.7 Dogging work 176
1.8 Forklift truck 176
1.9 Gantry crane 176
1.10 Hoist 177
1.11 Materials hoist 177
1.12 Mobile crane 177
1.13 Non-slewing mobile crane 177
1.14 Order-picking forklift truck 178
1.15 Outrigger 178
1.16 Personnel and materials hoist 178
1.17 Portal boom crane 178
1.18 Reciprocating steam engine 178
1.19 Rigging work 178
1.20 Scaffolding work 179
1.21 Self-erecting tower crane 179
1.22 Slewing mobile crane 179
1.23 Slinging techniques 179
1.24 Stabiliser 180
1.25 Tower crane 180
1.26 Turbine 180
1.27 Vehicle-loading crane 180
1.28 Vehicle-mounted concrete-placing boom 181
Part 1.2 Classes of high risk work 181
Schedule 2 Corresponding laws 189
Schedule 3 Reviewable decisions 190
Part 3.1 Reviewable decisions 190
Part 3.2 Internal review of decisions 200
Dictionary201
Endnotes
1 About the endnotes 209
2 Abbreviation key 209
3 Legislation history 210
4 Amendment history 211
5 Earlier republications 216
Work Safety Regulation 2009 (repealed)
made under the
Work Safety Act 2008
Part 1Preliminary
Name of regulation
This regulation is the Work Safety Regulation 2009.
Dictionary
The dictionary at the end of this regulation is part of this regulation.
Note 1The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere.
For example, the signpost definition ‘dangerous substance—see the Dangerous Substances Act 2004, section 10.’ is defined in that dictionary and the definition applies to this regulation.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
Notes
A note included in this regulation is explanatory and is not part of this regulation.
NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Offences against regulation—application of Criminal Code etc
Other legislation applies in relation to offences against this regulation.
Note 1Criminal Code
The Criminal Code, ch 2 applies to all offences against this regulation (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 2Injury and dangerous occurrence reporting and records
Period of incapacity for work—Act, s 36 (b)
The period of incapacity for work is 7 days.
Requirements for notice—Act, s 38 (2)
(1)For the Act, section 38 (2) (a), the following are the times for giving notice:
(a)if the serious event involves the death of a worker or another person—
(i)as soon as possible, but not later than 2 hours after the event; and
(ii)in writing not later than 48 hours after the event;
(b)for a serious event mentioned in the Act, section 36 (b)—
(i)as soon as possible; and
(ii)in writing not later than 8 days after the event;
(c)if the serious event involves a serious injury to any person—
(i)as soon as possible; and
(ii)in writing not later than 48 hours after the event;
(d)for any other serious event—
(i)as soon as possible; and
(ii)in writing not later than 48 hours after the event.
(2)For the Act, section 38 (2) (b), the following are the methods for giving notice:
(a)in writing;
(b)by telephone;
(c)by facsimile or other electronic means.
(3)If the director‑general receives notice other than in writing, the director‑general must give the employer—
(a)details of the information received; or
(b)an acknowledgment of receiving the notice.
Note If a form is approved under the Act, s 229 for the notice, the form must be used.
Keeping information given by director‑general
(1)This section applies if a person conducting a business or undertaking at a workplace gives notice of an event other than in writing and the director‑general gives the person—
(a)a copy of the information received; or
(b)an acknowledgement of receiving the notice.
(2)A person conducting a business or undertaking at a workplace commits an offence if—
(a)a copy or acknowledgement mentioned in subsection (1) is given to the person; and
(b)the person does not keep the copy or acknowledgement for 5 years after the day it is given.
Maximum penalty: 10 penalty units.
(3)An offence against this section is a strict liability offence.
Content of records
(1)The director‑general may approve the content of a record required to be maintained under the Act, section 39.
(2)An approval is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
Part 3Facilities
Division 3.1 Amenities
Person conducting a business or undertaking to provide amenities
(1)A person conducting a business or undertaking at a workplace commits an offence if the person does not provide adequate amenities for workers while they are at the workplace.
Maximum penalty: 20 penalty units.
(2)What is adequate for subsection (1) must be decided having regard to the circumstances, including—
(a)the nature of the work undertaken at the workplace; and
(b)the size, nature and location of the workplace; and
(c)the number of workers at the workplace and their characteristics including gender, age and special needs.
(3)In this section:
amenities means facilities for the welfare or personal hygiene needs of people.
Examples
1 toilets
2 seating
3 meal rooms
4 change rooms
5 drinking water
6 lockers for personal belongings
7 showers or washing facilities
NoteAn example is part of the regulation, 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).
Amenities to be safe and clean
(1)A person conducting a business or undertaking at a workplace commits an offence if amenities at the workplace are not kept safe and clean.
Maximum penalty: 20 penalty units.
(2)A person in control of premises commits an offence if amenities at the premises are not kept safe and clean.
Maximum penalty: 20 penalty units.
(3)An offence against this section is a strict liability offence.
(4)In this section:
amenities—see section 10 (3).
Facility for personal belongings
(1)A person conducting a business or undertaking at a workplace commits an offence if the person does not provide workers at the workplace with access to a facility for keeping clothes and personal belongings.
Maximum penalty: 10 penalty units.
(2)An offence against this section is a strict liability offence.
Facility for changing clothes
(1)This section applies if—
(a)a worker needs to change clothes before, during or after work because of the nature of the work or the usual working conditions; and
(b)the work is usually performed at the same place; and
(c)the workplace is in or near a building where a changing facility for the workers can be provided.
(2)A person conducting a business or undertaking at a workplace commits an offence if the person does not provide—
(a)a separate changing facility for male and female workers at or near the workplace; or
(b)if the person ensures privacy and security between male and female workers—a single changing facility at or near the workplace.
Maximum penalty: 10 penalty units.
(3)An offence against this section is a strict liability offence.
(4)In this section:
changing facility means a place for changing clothes—
(a)with enough space and seating for the maximum number of people who may be changing at a particular time; and
(b)with a reasonable number of mirrors and shelves; and
(c)that is hygienic; and
(d)that gives reasonable privacy.
Facility for changing clothes—temporary workplaces
(1)This section applies if—
(a)a worker needs to change clothes before, during or after work because of the nature of the work or the usual working conditions; and
(b)either—
(i)the work is not usually performed at the same place; or
(ii)the workplace is not in or near a building where a changing facility for the workers can be provided.
(2)A person conducting a business or undertaking at a workplace commits an offence if the person does not provide—
(a)a separate temporary changing facility for male and female workers in the person’s business or undertaking; or
(b)if the person ensures privacy and security between male and female workers—a single temporary changing facility.
Maximum penalty: 10 penalty units.
(3)An offence against this section is a strict liability offence.
(4)In this section:
temporary changing facility means a place for changing clothes that—
(a)is accessible from the workplace; and
(b)is hygienic; and
(c)gives reasonable privacy.
Meal facility
(1)This section applies if it is reasonable for a meal facility to be provided for workers at the person’s workplace because of the nature of the work or the usual working conditions.
(2)A person conducting a business or undertaking at a workplace commits an offence if the person does not provide workers at the workplace with access to a meal facility.
Maximum penalty: 10 penalty units.
(3)An offence against this section is a strict liability offence.
(4)In this section:
meal facility means a facility where a meal can be eaten that is—
(a)accessible from the workplace; and
(b)hygienic; and
(c)protected from the weather.
Combined facilities
(1)A person conducting a business or undertaking at a workplace may provide a required facility as part of a combined facility if—
(a)it is reasonable for combined facilities to be provided for workers because of the nature of the work or the usual working conditions; and
(b)if the combined facility includes a meal facility—the health or welfare of anyone eating in the combined facility will not be adversely affected because the facilities are combined.
(2)In this section:
required facility means a facility required under, and complying with, any of the following:
(a)section 12 (Facility for personal belongings);
(b)section 13 (Facility for changing clothes);
(c)section 14 (Facility for changing clothes—temporary workplaces);
(d)section 15 (Meal facility).
Toilet facility
(1)A person conducting a business or undertaking at a workplace commits an offence if the person does not provide access to a toilet facility for workers at the workplace.
Maximum penalty: 20 penalty units.
(2)A person conducting a business or undertaking at a workplace commits an offence if the person does not provide workers at the workplace with adequate and hygienic means for the disposal of sanitary items.
Maximum penalty: 20 penalty units.
(3)A person conducting a business or undertaking at a workplace commits an offence if the person does not provide—
(a)a separate toilet facility for male and female workers at the workplace; or
(b)privacy and security between male and female workers using a toilet facility at the workplace.
Maximum penalty: 20 penalty units.
(4)This section does not apply to a person conducting a business or undertaking in relation to a temporary workplace if—
(a)not more than 5 people are working at the workplace; and
(b)premises with a toilet facility are accessible from the workplace; and
(c)the owner of the premises gives permission for workers to use the toilet facility.
(5)An offence against this section is a strict liability offence.
(6)In this section:
toilet facility means a toilet that is—
(a)accessible from the workplace; and
(b)hygienic; and
(c)protected from the weather; and
(d)kept in a clean and hygienic working condition.
Washing facility
(1)A person conducting a business or undertaking at a workplace commits an offence if the person does not provide workers at the workplace with access to a washing facility.
Maximum penalty: 20 penalty units.
(2)A person conducting a business or undertaking at a workplace commits an offence if the person does not—
(a)ensure that each washing facility at the workplace has running water; or
(b)if it is not reasonably practicable for a washing facility to have running water—workers have access to clean water near the facility.
Maximum penalty: 20 penalty units.
(3)An offence against this section is a strict liability offence.
(4)In this section:
washing facility means a facility set aside for use to wash and dry the hands, arms, neck and face.
Shower facility
(1)This section applies if a worker carrying out work in relation to a business or undertaking needs to shower before, during or after work because of the nature of the work or the usual working conditions.
(2)A person conducting a business or undertaking at a workplace commits an offence if the person does not ensure that a worker for the business or undertaking has access to shower facilities.
Maximum penalty: 20 penalty units.
(3)A person conducting a business or undertaking at a workplace commits an offence if the person does not ensure privacy and security between male and female workers using shower facilities.
Maximum penalty: 20 penalty units.
(4)An offence against this section is a strict liability offence.
Drinking water
(1)A person conducting a business or undertaking at a workplace commits an offence if drinking water is not provided for workers at the workplace.
Maximum penalty: 20 penalty units.
(2)An offence against this section is a strict liability offence.
Seating
(1)A person conducting a business or undertaking at a workplace commits an offence if—
(a)it is reasonable for a worker at the workplace to work while seated; and
(b)the person does not provide seating for the worker.
Maximum penalty: 20 penalty units.
(2)A person conducting a business or undertaking at a workplace commits an offence if—
(a)it is reasonable for a worker at the workplace to perform some tasks while seated; and
(b)the person does not make seating available for the worker to use from time to time.
Maximum penalty: 20 penalty units.
(3)An offence against this section is a strict liability offence.
(4)What is reasonable for subsection (1) or (2) must be decided having regard to the nature of the work undertaken by the worker.
(5)In this section:
seating means a place for a person to sit that—
(a)is ergonomically sound; and
(b)provides suitable support; and
(c)is adequate for the type of work.
Working space
(1)A person conducting a business or undertaking at a workplace commits an offence if the person does not provide sufficient working space at the workplace to allow workers to work safely.
NoteFor specific requirements for confined spaces, see div 7.8.
Maximum penalty: 20 penalty units.
(2)An offence against this section is a strict liability offence.
Division 3.2 First aid and sickness
First aid
(1)A person conducting a business or undertaking at a workplace commits an offence if the person does not provide adequate first aid equipment at the workplace so that each person at the workplace has access to the equipment.
Maximum penalty: 20 penalty units.
(2)A person conducting a business or undertaking at a workplace commits an offence if the person does not ensure that an adequate number of people trained in first aid are available to give first aid at the workplace.
Maximum penalty: 20 penalty units.
(3)What is adequate for subsections (1) and (2) must be decided having regard to—
(a)the nature of the work undertaken at the workplace; and
(b)the size and location of the workplace; and
(c)the number of workers at the workplace and their characteristics including gender, age and special needs.
(4)In this section:
first aid means the immediate treatment or care of a person who is injured or who becomes sick.
Arrangements for sick workers
(1)A person conducting a business or undertaking at a workplace commits an offence if the person does not—
(a)provide a first-aid room or health centre at the workplace; or
(b)make adequate arrangements to ensure the wellbeing of a worker who is injured, or becomes sick, at the workplace.
Maximum penalty: 20 penalty units.
(2)An offence against this section is a strict liability offence.
Part 4Work safety representatives
Division 4.1 Work safety representatives—election process
Work safety representative—eligibility
(1)A person is eligible to be a work safety representative for a worker consultation unit if the person is—
(a)a represented worker; or
(b)if a worker from the relevant worker consultation unit has not nominated for the position—a suitably qualified person.
(2)In this section:
suitably qualified person means a person who—
(a)holds at least a certificate IV in occupational health and safety; and
(b)has completed an approved training course; and
(c)is approved by each employer for the worker consultation unit.
NoteApproved training course—see s 40.
Election process—number of work safety representatives
A worker consultation unit may elect more than 1 eligible person as a work safety representative for the unit.
Election process—worker consultation unit may ask others to conduct election
(1)A worker consultation unit may ask any of the following people to conduct the election of a work safety representative on behalf of the unit:
(a)an employer of a worker in the unit;
(b)if a worker in the unit is, or is eligible to be, a member of a registered organisation—the registered organisation;
(c)someone else.
(2)An employer commits an offence if—
(a)a worker consultation unit asks the employer to conduct the election of a work safety representative; and
(b)the employer does not conduct the election within 42 days after the day the employer is asked.
Maximum penalty: 10 penalty units.
(3)An offence against subsection (2) is a strict liability offence.
Election process—notice of election of work safety representatives
(1)This section applies if a work safety representative is elected for a worker consultation unit.
(2)The person who conducted the election must give notice of the result of the election to—
(a)each represented worker’s employer; and
(b)if the worker consultation unit had a work safety representative before the election (a previous work safety representative) who is replaced by the elected work safety representative—the previous work safety representative.
(3)The notice must include the work safety representative’s name.
(4)An employer must, if given notice of the election of a work safety representative for a worker consultation unit, tell workers in the unit the employer engages to carry out work that the person elected is a work safety representative.
Examples—how to tell workers who elected work safety representative is
1 email
2 notice posted
3 staff handbook
Note 1The Act, pt 6 (Compliance measures) imposes requirements on people who are required to do something under a provision of this regulation.
Note 2An example is part of the regulation, 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).
Election process—replacement work safety representatives
(1)This section applies if—
(a)a worker consultation unit has a work safety representative (a previous work safety representative); and
(b)the worker consultation unit elects a work safety representative to replace the previous work safety representative.
(2)The previous work safety representative stops being a work safety representative when given notice under section 28 of the result of the election.
Work safety representative—deputy
(1)A deputy work safety representative may be elected for each work safety representative in the same way that the work safety representative is elected.
(2)If the work safety representative stops being the representative, or is unable to exercise the functions of a representative—
(a)the deputy work safety representative may exercise the work safety representative’s functions; and
(b)the Act (other than this section) applies to the deputy work safety representative as if the deputy were the work safety representative.
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 4.2 Work safety representatives—general
Work safety representative—additional function—Act, s 58 (2)
The additional functions of a work safety representative for a worker consultation unit are to—
(a)investigate a complaint if—
(i)the complaint is made to the representative by a represented worker; and
(ii)the complaint is about the work safety of a represented worker at a workplace of the worker; and
(b)be present at an interview if—
(i)the interview is between a represented worker and—
(A)an inspector; or
(B)the worker’s employer; and
(ii)the interview is in relation to work safety; and
(iii)the worker consents to the work safety representative being present at the interview; and
(c)inspect records of a work safety committee if a committee is established for the unit.
NoteA work safety representative must not exercise a function unless the representative has completed an approved training course or, if required, an approved refresher training course—see s 40 (5).
Work safety representative—exercising functions—Act, s 58 (3)
(1)In exercising a function, the work safety representative for a worker consultation unit may—
(a)access any information under the employer’s control in relation to the work safety of a represented worker, other than information that the representative is not entitled to under section 33; and
NoteThe Legislation Act, s 170 and s 171 deal with the application of the privilege against self-incrimination and client legal privilege.
(b)inspect all or part of a workplace where a represented worker works if—
(i)there has, in the immediate past, been an accident or dangerous occurrence at the workplace; or
(ii)the representative believes on reasonable grounds that there is an immediate threat of an accident or dangerous occurrence at the workplace; or
(iii)the representative gives the employer reasonable notice of the inspection; and
(c)for all or part of a workplace where a represented worker works—
(i)ask an inspector to carry out an inspection at the workplace; and
(ii)accompany an inspector during an inspection of the workplace.
(2)A work safety representative must not exercise the representative’s functions until each represented worker’s employer is given notice under section 28.
Work safety representative—access to information
(1)A work safety representative is not entitled to access personal health information about a represented worker, or former represented worker, unless—
(a)the worker agrees in writing to the representative having access to the information; or
(b)the information does not identify the worker or allow the worker to be identified.
NotePersonal health information—see the Health Records (Privacy and Access) Act 1997, dictionary.
(2)A work safety representative is not entitled to access employment details about a represented worker, or former represented worker, unless the worker agrees in writing to the representative having access to the information.
Division 4.3 Work safety representatives—conditions of office
Work safety representative—term of office
(1)A person elected or re-elected as a work safety representative holds office for the period, not longer than 2 years, decided by the worker consultation unit.
(2)However, the person’s term ends if—
(a)the person resigns as a work safety representative for the unit; or
(b)the person stops being eligible to be a work safety representative for the unit; or
(c)the person is disqualified under section 38.
NoteA person is eligible to be a work safety representative for a worker consultation unit if the person is a represented worker or is a suitably qualified person—see s 25.
(3)A person resigns as a work safety representative for a worker consultation unit by giving written notice to the employer.
Work safety representative—application for disqualification
(1)One or more of the following may apply to the director‑general for the disqualification of a work safety representative for a worker consultation unit:
(a)an employer of a represented worker;
(b)a represented worker;
(c)if a worker in the unit is, or is eligible to be, a member of a registered organisation—the registered organisation.
(2)The application—
(a)must be in writing; and
(b)must set out the grounds on which the disqualification is sought; and
(c)may ask for the work safety representative to be suspended.
Work safety representative—grounds for disqualification
(1)Each of the following is a ground for disqualifying a work safety representative:
(a)the representative did something, or is doing something, in the exercise, or purported exercise, of the representative’s functions—
(i)with the intention of causing harm to an employer or an undertaking of an employer; or
(ii)for a purpose not connected with the exercise of the function;
(b)the representative intentionally used, or disclosed to someone else, information obtained from an employer for a purpose not connected with the exercise of the representative’s functions;
(c)the representative failed to reasonably exercise the representative’s functions.
(2)A work safety representative must not be disqualified on the following grounds:
(a)seeking assistance or advice on a work safety issue;
(b)reporting a suspected breach of the Act or this regulation to an inspector or a person assisting an inspector.
Work safety representative—notice of intention to disqualify
(1)If, on application, the director‑general is satisfied that a ground may exist to disqualify a work safety representative, the director‑general must—
(a)give the representative written notice (a show cause notice); and
(b)if the director‑general considers it appropriate, suspend the representative until the director‑general decides the application for disqualification.
(2)The show cause notice must—
(a)contain a statement to the effect that the work safety representative may, not later than 14 working days after the day the representative is given the notice, give the director‑general written reasons explaining why the representative should not be disqualified; and
(b)be accompanied by a summary of the reasons for the application; and
(c)if applicable—be accompanied by a notice of suspension.
Work safety representative—disqualification
(1)The director‑general may disqualify a work safety representative if—
(a)satisfied that there is a ground for disqualification under section 36; and
(b)a show cause notice has been given under section 37 in relation to the ground; and
(c)the time for the representative to respond to the notice has ended.
(2)In deciding whether to disqualify a work safety representative, the director‑general must consider the following:
(a)if a ground for disqualification is that the representative did something, or is doing something, in the exercise, or purported exercise, of the representative’s functions, with the intention of causing harm to an employer, or undertaking of an employer—
(i)the harm caused or likely to be caused to the employer or undertaking because of the thing the representative did or is doing; and
(ii)the effect (if any) on the public interest of the thing the representative did or is doing;
(b)the representative’s past record in exercising the representative’s functions;
(c)any response by the representative given in accordance with the show cause notice.
(3)The director‑general may consider anything else the director‑general considers relevant.
(4)If the director‑general disqualifies a person from being a work safety representative, the director‑general must tell the following people in writing about the disqualification:
(a)the person;
(b)the person who applied under section 35 for the person to be disqualified;
(c)each employer of workers in the worker consultation unit the person represented.
(5)If an employer is given written notice under subsection (4) the employer must tell workers the employer engages to carry out work in the unit about the disqualification.
Examples—how to tell workers about disqualification
1 email
2 notice posted
3 staff handbook
NoteAn example is part of the regulation, 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).
Work safety representative—revocation of disqualification
(1)The director‑general may revoke a disqualification under section 38 if the director‑general believes on reasonable grounds that it is no longer appropriate for the disqualification to remain in force.
(2)The director‑general may revoke a disqualification on application or on the director‑general’s own initiative.
Work safety representative—approved training
(1)A work safety representative for a worker consultation unit must complete a training course approved in writing by the council (an approved training course).
(2)An approval under subsection (1) is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
(3)An employer must take all reasonable steps to ensure that the work safety representative completes an approved training course—
(a)not later than 3 months after the day the representative was elected; or
(b)not later than a day determined by the director‑general under subsection (4).
(4)The director‑general may determine a day for the completion of an approved training course under subsection 3 (b) if—
(a)the employer applies to the director‑general for an extension of time; and
(b)the director‑general is satisfied that there are exceptional circumstances that justify the extension.
(5)A work safety representative must not exercise a function under division 4.5 (Work safety representatives—provisional improvement notices) or division 4.6 (Work safety representatives—emergency procedures) unless the representative has completed an approved training course.
NoteA work safety representative must not exercise the representative’s functions until notice is given of the election to employers of workers in the worker consultation unit—see s 32 (2).
Work safety representative—refresher training
(1)If a work safety representative is re-elected for a further term the representative must complete a refresher training course approved in writing by the council (an approved refresher training course).
(2)An approval under subsection (1) is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
(3)An employer must take all reasonable steps to ensure that the work safety representative completes an approved refresher training course—
(a)not later than 3 months after the day the representative was re‑elected; or
(b)not later than a day determined by the director‑general under subsection (4).
(4)The director‑general may determine a day for the completion of an approved refresher training course under subsection (3) (b) if—
(a)the employer applies to the director‑general for an extension of time; and
(b)the director‑general is satisfied that there are exceptional circumstances that justify the extension.
(5)A work safety representative may exercise any function under this Act even if an approved refresher training course has not been completed as required under this section.
Division 4.4 Work safety representatives—employer’s duties
Work safety representative—employer to allow for time to exercise functions and undertake training
(1)The employer of a work safety representative has a duty to allow the representative to take the time off work, without loss of pay or other entitlements, that is reasonably necessary for the representative—
(a)to exercise the functions of a work safety representative; and
(b)to undertake an approved training course, or an approved refresher training course, within 3 months after the day the representative is elected.
(2)An employer commits an offence if the employer fails to comply with the duty in subsection (1).
Maximum penalty: 30 penalty units.
(3)An employer commits on offence if—
(a)a work safety representative, or deputy work safety representative, engaged by the employer, undertakes an approved training course or approved refresher training course; and
(b)the employer fails to do 1 or both of the following:
(i)pay the fees for the course;
(ii)reimburse the reasonable expenses incurred by the representative in undertaking the course.
Maximum penalty: 20 penalty units.
(4)For the avoidance of doubt, the obligation to pay the fees for the course and reimburse reasonable expenses does not apply if the work safety representative is a suitably qualified person who is not a worker engaged by the employer.
(5)An offence against this section is a strict liability offence.
Work safety representative—employer to provide facilities
(1)The employer of a work safety representative has a duty to provide access to the facilities that are reasonably necessary for the representative to exercise the functions of a work safety representative.
(2)An employer commits an offence if the employer fails to comply with the duty in subsection (1).
Maximum penalty: 20 penalty units.
(3)An offence against this section is a strict liability offence.
Division 4.5 Work safety representatives—provisional improvement notices
Provisional improvement notice—Act, dict, def provisional improvement notice
A provisional improvement notice must be in accordance with section 46.
Provisional improvement notice—issue of notice
(1)This section applies if a work safety representative for a worker consultation unit believes on reasonable grounds that—
(a)a person (a responsible person) is contravening, or is likely to contravene, a provision of the Act; and
(b)the contravention affects, or is likely to affect, 1 or more represented workers.
(2)The work safety representative may give the responsible person a provisional improvement notice requiring the person to rectify the matters or activities causing the contravention or likely contravention.
(3)The work safety representative must not give a provisional improvement notice to a responsible person unless the representative believes on reasonable grounds that taking any further steps to consult the person about rectifying the matter or activity causing the contravention or likely contravention is unlikely to result in the rectification of the matter or activity.
(4)A work safety representative must not give a provisional improvement notice to a responsible person in relation to a matter or activity that is the subject of an improvement notice or prohibition notice.
Provisional improvement notice—content of notice
(1)A provisional improvement notice must—
(a)state the circumstance that is occurring, or is likely to occur, that the work safety representative giving the notice believes is causing a contravention or may cause a contravention and the reasons for the belief; and
(b)either—
(i)if the rectification is necessary to prevent or minimise the risk of serious harm to the health or safety of a worker, or someone else, from a hazard—require the responsible person to rectify the matter or activity that the notice relates to within 24 hours starting when the notice is given personally to the person; or
(ii)in any other case—state a period of not less than 7 days starting on the day after the day the notice is issued within which the responsible person must rectify the matter or activity that the notice relates to.
(2)A provisional improvement notice may state the action the responsible person may take to rectify the matter or activity that the notice relates to.
(3)If subsection (1) (b) (ii) applies, before the end of the 7-day period stated in the notice, the work safety representative who issued the provisional improvement notice may, by written notice given to the responsible person, extend the period.
Provisional improvement notice—service of notice on director‑general etc
A work safety representative who gives a provisional improvement notice to a responsible person must—
(a)give a copy of the notice to the director‑general; and
(b)if the responsible person is a worker, and the notice is given to the person in relation to work carried out by the person for an employer—take all reasonably practicable steps to give a copy of the notice to the worker’s employer.
Provisional improvement notice—service of notice on other employers etc
(1)This section applies to—
(a)if the responsible person is a worker, and a provisional improvement notice is given to the person in relation to work carried out by the person for an employer—the employer; or
(b)if a provisional improvement notice is given to a responsible person in any other case—the responsible person.
(2)A person to whom this section applies must give a copy of the provisional improvement notice to each of the following people:
(a)if the notice relates to something that affects workplaces where workers not engaged by the employer work—each other employer of workers at each affected workplace;
(b)if the notice relates to premises—
(i)each owner of the premises; and
(ii)if the premises are leased—the lessor and lessee of the premises; and
(iii)anyone else with a right to immediate possession of the premises;
(c)if the notice relates to plant or other thing and the thing is hired under a hire-purchase agreement or contract of hire—the person from whom the thing is hired;
(d)if the notice relates to plant or a substance or other thing, whether or not the thing is hired—anyone else with a right to immediate possession of the thing.
Maximum penalty: 20 penalty units.
(3)An offence against this section is a strict liability offence.
Provisional improvement notice—display
(1)This section applies if a provisional improvement notice is given to an employer.
(2)The employer must take all reasonably practicable steps to—
(a)notify each worker whose work is affected by the contravention to which the notice relates that the notice has been issued; and
(b)while the notice is in force—display a copy of the notice in a prominent place at or near each workplace where the work to which the notice relates is usually carried out.
(3)A person commits an offence if the person contravenes subsection (2).
Maximum penalty: 20 penalty units.
(4)An offence against this section is a strict liability offence.
Provisional improvement notice—compliance
(1)This section applies if a work safety representative gives a responsible person a provisional improvement notice.
(2)The responsible person commits an offence if the person fails to—
(a)ensure that the notice is complied with in relation to each matter that—
(i)the notice relates to; and
(ii)the person has control over; and
(b)take reasonable steps to inform the representative of the action taken to comply with the notice.
Maximum penalty: 30 penalty units.
(3)An offence against this section is a strict liability offence.
Provisional improvement notice—revocation of notice
(1)This section applies if a work safety representative gives a responsible person a provisional improvement notice.
(2)The work safety representative must revoke the provisional improvement notice if the representative believes on reasonable grounds that the responsible person—
(a)ensured that the notice was complied with in relation to each matter that—
(i)the notice related to; and
(ii)the person had control over; and
(b)took reasonable steps to inform the representative of the action taken to comply with the notice.
(3)If the work safety representative revokes the notice, the representative must—
(a)give the responsible person written notice of the revocation; and
(b)give the director‑general a copy of the revocation notice.
Provisional improvement notice—review
(1)This section applies to—
(a)a responsible person in relation to whom a provisional improvement notice is in force; and
(b)if the responsible person is a worker, and the notice is in force in relation to work carried out by the person for an employer—the employer.
(2)A person to whom this section applies may ask the director‑general to arrange an inspection to investigate the circumstances relating to the issue of the provisional improvement notice—
(a)by written notice given to the director‑general; and
(b)not later than 7 days after the day the person receives the notice.
(3)If a request is made under this section—
(a)the director‑general must arrange for an inspector to investigate the circumstances relating to the issue of the provisional improvement notice; and
(b)the operation of the notice is suspended until an inspector completes an investigation of the circumstances relating to the issue of the notice.
(4)The inspector must revoke the provisional improvement notice if, after the investigation, the inspector believes on reasonable grounds that—
(a)the notice should not have been given to the person; or
(b)the person to whom the notice was given—
(i)ensured the notice was complied with in relation to each matter that—
(A)the notice related to; and
(B)the person had control over; and
(ii)took reasonable steps to inform the representative of the action taken to comply with the notice; or
(c)for any other reason, the notice should not remain in force.
(5)If a provisional improvement notice is revoked under this section, the inspector must give written notice of the revocation to—
(a)the work safety representative; and
(b)the responsible person; and
(c)if the responsible person is a worker, and the provisional improvement notice is in relation to work carried out by the person for an employer—the employer; and
(d)each person mentioned in section 48 (2) (Provisional improvement notice—service of notice on other employers etc) to whom a copy of the provisional improvement notice has been given.
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 Regulation 2009 SL2009-45
notified LR 24 September 2009
s 1, s 2 commenced 24 September 2009 (LA s 75 (1))
remainder commenced 1 October 2009 (s 2 and see Work Safety Act 2008 A2008-51, s 2 (1) (b) and CN2009-11)as amended by
Work Safety Amendment Regulation 2010 (No 1) SL2010-46
notified LR 25 November 2010
s 1, s 2 commenced 25 November 2010 (LA s 75 (1))
remainder commenced 1 March 2011 (s 2 and see Statute Law Amendment Act 2011 A2011-3 s 2)Work Safety Amendment Regulation 2011 (No 1) SL2011-8
notified LR 7 March 2011
s 1, s 2 commenced 7 March 2011 (LA s 75 (1))
remainder commenced 8 March 2011 (s 2)Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.176
notified LR 30 June 2011
s 1, s 2 commenced 30 June 2011 (LA s 75 (1))sch 1 pt 1.176 commenced 1 July 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)
Requirements for notice—Act, s 38 (2)
s 7am SL2010-46 s 4; A2011-22 amdt 1.489
Keeping information given by director‑general
s 8 hdgam A2011-22 amdt 1.489
s 8am A2011-22 amdt 1.489
Content of records
s 9am A2011-22 amdt 1.489
Work safety representative—application for disqualification
s 35am A2011-22 amdt 1.489
Work safety representative—notice of intention to disqualify
s 37am A2011-22 amdt 1.489
Work safety representative—disqualification
s 38am A2011-22 amdt 1.489
Work safety representative—revocation of disqualification
s 39am A2011-22 amdt 1.489, amdt 1.490
Work safety representative—approved training
s 40am A2011-22 amdt 1.489
Work safety representative—refresher training
s 41am A2011-22 amdt 1.489
Provisional improvement notice—service of notice on director‑general etc
s 47 hdgam A2011-22 amdt 1.489
s 47am A2011-22 amdt 1.489
Provisional improvement notice—revocation of notice
s 51am A2011-22 amdt 1.489
Provisional improvement notice—review
s 52am A2011-22 amdt 1.489
Emergency procedure
s 53am A2011-22 amdt 1.489
Authorised representative—training—Act, s 62 (2) (b)
s 61am SL2011-8 s 4
Authorised representative—application for disqualification
s 62am A2011-22 amdt 1.489
Authorised representative—notice of intention to disqualify
s 64am A2011-22 amdt 1.489
Authorised representative—disqualification
s 65am A2011-22 amdt 1.489
Authorised representative—revocation of disqualification
s 66am A2011-22 amdt 1.489, amdt 1.490
Carrying out high risk work without licence
s 120am A2011-22 amdt 1.489
Allowing unlicensed person to carry out work
s 121am A2011-22 amdt 1.489
Licence application
s 122am A2011-22 amdt 1.489
Licence issue
s 123am A2011-22 amdt 1.489
Licence conditions
s 124am A2011-22 amdt 1.489
Renewal of licence
s 128am A2011-22 amdt 1.489
Issue of renewed licence
s 129am A2011-22 amdt 1.489
Application to vary licence
s 130am A2011-22 amdt 1.489
Variation of licence
s 131am A2011-22 amdt 1.489
Licensee not to hold other licence
s 132am A2011-22 amdt 1.489
Replacement of lost etc licence
s 133am A2011-22 amdt 1.489
Grounds for compulsory cancellation of licence
s 134am A2011-22 amdt 1.489
Compulsory cancellation of licence
s 135am A2011-22 amdt 1.489
Grounds for discretionary cancellation of licence
s 136am A2011-22 amdt 1.489
Discretionary cancellation of licence
s 137am A2011-22 amdt 1.489
Suspension of licence after notice
s 138am A2011-22 amdt 1.489
Immediate suspension of licence
s 139am A2011-22 amdt 1.489
Review of licence suspension or cancellation
s 140am A2011-22 amdt 1.489, amdt 1.490
Surrender of suspended or cancelled licence
s 141am A2011-22 amdt 1.489
Cooperation with other jurisdictions
s 142am A2011-22 amdt 1.489
Director‑general may issue directions
s 146 hdgam A2011-22 amdt 1.489
s 146am A2011-22 amdt 1.489
Assessor qualifications
s 148am A2011-22 amdt 1.489
Registered training organisation—agreement with director‑general to provide training and assessment
s 150 hdgam A2011-22 amdt 1.489
s 150am A2011-22 amdt 1.489
Keeping and providing records of training and assessment
s 153am A2011-22 amdt 1.489
Cooperation with licensing authorities
s 154am A2011-22 amdt 1.489
Cooperation with registered training organisations
s 155am A2011-22 amdt 1.489
Application for exemption
s 156am A2011-22 amdt 1.489
Grant of exemption
s 157am A2011-22 amdt 1.489
Exemption conditions
s 158am A2011-22 amdt 1.489
Notice of exemption
s 160am A2011-22 amdt 1.489
Director‑general may make inquiries
s 161 hdgam A2011-22 amdt 1.489
s 161am A2011-22 amdt 1.489
Guidelines
s 162am A2011-22 amdt 1.489
Production of licence etc on request
s 163am A2011-22 amdt 1.489
Production of information etc on request
s 164am A2011-22 amdt 1.489
Licensee’s change of address
s 165am A2011-22 amdt 1.489
Definitions—pt 9
s 166def construction induction training card am A2011-22 amdt 1.489
Construction induction training and assessment
s 170am A2011-22 amdt 1.489
Construction induction training—registered training organisation agreement with director‑general
s 171 hdgam A2011-22 amdt 1.489
s 171am A2011-22 amdt 1.489
Construction induction training card—application
s 176am A2011-22 amdt 1.489
Construction induction training card—issue
s 177am A2011-22 amdt 1.489
Replacement of lost etc card
s 180am A2011-22 amdt 1.489
Grounds for cancellation of construction induction training card
s 181am A2011-22 amdt 1.489
Cancellation of construction induction training card
s 182am A2011-22 amdt 1.489
Surrender of cancelled construction induction training card
s 183am A2011-22 amdt 1.489
Director‑general to cooperate with other jurisdictions
s 185 hdgam A2011-22 amdt 1.489
s 185am A2011-22 amdt 1.489
Inspection of incorporated documents
s 191am A2011-22 amdt 1.489
Notification of certain incorporated documents
s 192am A2011-22 amdt 1.489
Transitional
pt 13 hdgexp 1 October 2014 (s 201 (LA s 88 declaration applies))
Definitions—pt 13
s 196exp 1 October 2014 (s 201 (LA s 88 declaration applies))
Transitional—continuing application of repealed regulation in relation to scheduled work etc
s 197exp 1 October 2014 (s 201 (LA s 88 declaration applies))
Transitional—application of regulation in relation to scheduled work etc
s 198exp 1 October 2014 (s 201 (LA s 88 declaration applies))
Transitional—certificates of competency
s 199am A2011-22 amdt 1.489
exp 1 October 2014 (s 201 (LA s 88 declaration applies))
Transitional—converting certificate of competency to licence
s 200am A2011-22 amdt 1.489
exp 1 October 2014 (s 201 (LA s 88 declaration applies))
Expiry—pt 13
s 201exp 1 October 2014 (s 201 (LA s 88 declaration applies))
Reviewable decisions
sch 3 pt 3.1am A2011-22 amdt 1.489
Dictionary
dictam A2011-22 amdt 1.488
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–
28 Feb 2011not amended new regulation R2
1 Mar 20111 Mar 2011–
7 Mar 2011SL2010-46 amendments by SL2010-46 R3
8 Mar 20118 Mar 2011–
30 Jun 2011SL2011-8 amendments by SL2011-8 R4
1 July 20111 July 2011–
31 Dec 2011A2011-22 amendments by A2011-22
0
0
0