Workplace Health and Safety Act 1989 (Qld)

Queensland WORKPLACE HEALTH AND SAFETY ACT 1989 Reprinted as in force on 1 August 1992 (includes amendments up to Act No. 97 of 1991) Reprint No. 1 This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy

Information about this reprint This Act is reprinted as at 1 August 1992. As required by section 5 of the ReprintsAct 1992 , it— • shows the law as amended by all amendments that commenced before that day; and • incorporates all necessary consequential amendments, whether of punctuation, numbering or another kind. As required by section 6 of the Reprints Act 1992 , the reprint includes, in a suitable place, a reference to the law by which each amendment was made—see List of legislation and List of annotations in Endnotes. The opportunity has also been taken, under section 7 of the Reprints Act 1992 , to do the following— • omit the enacting words as permitted by section 7(1)(a) of that Act; • use citations and references permitted by Division 2 of that Act; • use updated references permitted by Division 3 of that Act; • express gender specific provisions in a way consistent with current legislative drafting practice as permitted by section 24 of that Act; • use gender neutral office names as permitted by section 25 of that Act; • correct spelling, and use different spelling consistent with current legislative drafting practice, as permitted by section 26[(1) and (2)] of that Act; • use punctuation and expressions consistent with current legislative drafting practice as permitted by sections 27 and 29 of that Act; • use conjunctives and disjunctives consistent with current legislative drafting practice as permitted by section 28 of that Act; • use [aspects of] format and printing style consistent with current legislative drafting practice as permitted by section 35 of that Act; • omit [certain] provisions that are no longer required as permitted by section 40 of that Act; • omit unnecessary referential words as permitted by section 41 of that Act; • use the numbering and renumbering of provisions and references permitted by section 43 of that Act; • do anything else permitted to be done by that Act or a regulation made under that Act; • make all necessary consequential amendments as permitted by section 7(1)(l) of that Act. Also see Endnotes for— • details about when provisions commenced.

Queensland WORKPLACE HEALTH AND SAFETY ACT 1989 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 3 Repeals and savings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 4 Application of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 5 Extent to which Act binds the Crown . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 6 Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 7 Objects of the Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 8 Act not to apply in certain circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 PART 2—PROVISIONS RELATING TO WORKPLACE HEALTH AND SAFETY Division 1—General duties of employers, manufacturers etc. 9 Employers to ensure health and safety of their employees . . . . . . . . . . . . . 17 10 Employers and self-employed persons to ensure health and safety of themselves and persons other than employees . . . . . . . . . . . . . . . . . . . . . 18 11 Persons in control of workplaces etc. used by non-employees to ensure health and safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 12 Duties of manufacturers etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 13 Duties of employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 14 Duties of persons other than an employer or employee . . . . . . . . . . . . . . . . 22 Division 2—Provisions concerning projects 15 Effect of provisions of Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 16 Director may designate projects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

2 Workplace Health and Safety Act 1989 17 Duties of owner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 18 Principal contractor in respect of project . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 19 Director may prescribe notifiable projects . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 20 Notifiable project to be notified before commencement . . . . . . . . . . . . . . . 24 21 Mode of notification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 22 Contravention of s. 20 not an offence in certain circumstances . . . . . . . . . 24 23 Duties of principal contractor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Division 3—Provisions to protect persons from risks from specified plant 24 General duties of owner of specified plant . . . . . . . . . . . . . . . . . . . . . . . . . . 25 25 Duties of manufacturers etc. of specified plant . . . . . . . . . . . . . . . . . . . . . . . 26 26 Duties under this Division are additional to other duties . . . . . . . . . . . . . . 26 PART 3—GENERAL PROVISIONS 27 Record of injuries, illnesses and occurrences to be kept . . . . . . . . . . . . . . . 27 28 Notification of serious bodily injury, work-related illness or dangerous occurrence to be given . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 29 Immediate notice concerning death . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 30 Scene not to be interfered with . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 31 Offence not to report as prescribed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 32 Inspector’s duty on receipt of notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 33 Tribunal to conduct enquiries and to investigate accidents . . . . . . . . . . . . . 29 34 Codes of practice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 35 Use of codes of practice in proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 PART 4—COUNCIL 37 Constitution of Workplace Health and Safety Council . . . . . . . . . . . . . . . . 32 38 Membership of the Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 39 Chairperson of Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 40 Tenure of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 41 Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 42 Casual vacancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 43 Appointment of deputy members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 44 Meetings of Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 45 Entitlements of members of Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

3 Workplace Health and Safety Act 1989 46 Functions of Workplace Health and Safety Council . . . . . . . . . . . . . . . . . . 36 PART 5—INDUSTRY WORKPLACE HEALTH AND SAFETY COMMITTEES 47 Minister may establish committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 48 Appointment of deputy chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 49 Appointment of deputy members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 50 Term of appointment of committee member . . . . . . . . . . . . . . . . . . . . . . . . . 39 51 Vacating member’s office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 52 Casual vacancy in member’s office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 53 Meetings of committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 54 Proceedings of committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 55 Validity of acts done by the committee etc. . . . . . . . . . . . . . . . . . . . . . . . . 42 56 Functions of committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 57 Entitlements of members of industry workplace health and safety committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 PART 6—WORKPLACE HEALTH AND SAFETY OFFICERS REPRESENTATIVES AND COMMITTEES Division 1—Health and safety officers 58 Health and safety officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 59 Duties of health and safety officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 60 Supervision by employer or principal contractor . . . . . . . . . . . . . . . . . . . . . . 45 61 Qualifications of health and safety officer . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Division 2—Health and safety representatives 62 Nomination or election of health and safety representative . . . . . . . . . . . . . 46 63 Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 64 Qualifications of health and safety representative . . . . . . . . . . . . . . . . . . . . 46 65 Jurisdiction of health and safety representative . . . . . . . . . . . . . . . . . . . . . . 46 66 Disqualification of health and safety representative . . . . . . . . . . . . . . . . . . . 47 67 Period of disqualification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 68 Matters for consideration by Director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 69 Entitlement and duties of health and safety representative . . . . . . . . . . . . . 48 70 Identity of officer and representative to be displayed . . . . . . . . . . . . . . . . . . 48

4 Workplace Health and Safety Act 1989 Division 3—Health and safety committees 71 Establishment of health and safety committees . . . . . . . . . . . . . . . . . . . . . . 49 72 Functions of health and safety committees . . . . . . . . . . . . . . . . . . . . . . . . . . 50 73 Employer or principal contractor to assist health and safety officers and representatives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 74 Director may grant exemptions from Part 6 . . . . . . . . . . . . . . . . . . . . . . . . . . 52 75 No civil liability incurred . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 PART 7—ADMINISTRATION Division 1—Director’s powers and annual report 76 Director’s power of delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 77 Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 Division 2—Officers and acting inspectors 78 Officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 79 Acting inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 80 Certificate of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 Division 3—Provisions relating to inspectors 81 Powers of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 82 Completion of matters by inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 83 Entry to domestic premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 84 Inspector’s power of seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 85 Consequences of seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 86 Powers and duties of police officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 87 Occupiers etc. to allow entry and inspection . . . . . . . . . . . . . . . . . . . . . . . . . 60 88 Obstructing an inspector or person assisting an inspector . . . . . . . . . . . . . . 60 89 Limited use of answers given under compulsion of Act . . . . . . . . . . . . . . . 61 Division 4—Improvement and prohibition notices 90 Improvement notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 91 Prohibition notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 92 Service of notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 93 Appeal against prohibition or seizure notice . . . . . . . . . . . . . . . . . . . . . . . . . 64 94 Order to secure compliance with notices etc. . . . . . . . . . . . . . . . . . . . . . . . 64 PART 8—APPEALS TRIBUNAL 95 Appeals Tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65

5 Workplace Health and Safety Act 1989 96 Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 97 Filling vacancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 98 Validation of proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 99 Functions of the Tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 100 Determination of questions before the Appeals Tribunal . . . . . . . . . . . . . . 68 101 Status of Appeals Tribunal and powers of its members . . . . . . . . . . . . . . . . 68 102 Secretary to Appeals Tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 103 Institution of appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 104 Notice of hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 105 Venue and nature of appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 106 Determination of appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 107 Consequences of appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 108 Restricted right to question Tribunal’s proceedings . . . . . . . . . . . . . . . . . . . 71 PART 9—PROVISIONS RELATING TO PERFORMANCE OF WORK IN CERTAIN OCCUPATIONS Division 1—Requirements for work in prescribed occupations 109 Certificate, permit or authority required for work in certain occupations . . 72 110 Director’s power to exempt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 Division 2—Accredited officers 111 Accredited officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 112 Certificates of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 Division 3—Boards of reference 113 Appeal to board of reference concerning certificates etc. . . . . . . . . . . . . . . 74 114 Minister may establish boards of reference . . . . . . . . . . . . . . . . . . . . . . . . . . 74 115 Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 116 Entitlements of members of boards of reference . . . . . . . . . . . . . . . . . . . . . . 75 PART 10—LEGAL PROCEEDINGS 117 Liability under Part 2 not restricted in certain circumstances . . . . . . . . . . 76 118 Offences against Act and general penalty . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 119 Particular penalty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 120 Proceedings in respect of offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 121 Fees, penalties and costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 122 Responsibility for offences against Act in relation to projects . . . . . . . . . . 78

6 Workplace Health and Safety Act 1989 123 Time for commencement of proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 124 Liability for offence by body corporate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 125 Representation of parties at hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 126 Power to forfeit on conviction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 127 Power to order rectification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 128 Recovery of fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 129 Forgery of certificates etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 130 Protection of persons administering Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 131 Facilitation of proof . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 PART 11—RECOVERY OF PENALTIES BY NOTICES 132 Penalties exacted by way of notice to offender . . . . . . . . . . . . . . . . . . . . . . 86 PART 12—MISCELLANEOUS 133 Non-disclosure of information by member of Council or committee, inspector or other officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 134 Director may grant exemptions from regulations etc. . . . . . . . . . . . . . . . . . . 88 135 Director may set special standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 136 Approved methods of work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 137 Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 138 Orders in council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 139 Publication and tabling of proclamations . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 SCHEDULE 3 SPECIFIED PLANT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 ENDNOTES 1 Index to Endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . 97 3 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 4 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 5 Table of renumbered provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101

7 Workplace Health and Safety Act 1989 WORKPLACE HEALTH AND SAFETY ACT 1989 [as amended by all amendments that commenced before 1 August 1992 2 ] An Act to consolidate and amend the laws relating to securing the health and safety of persons performing work, protecting persons, other than employees, and members of the public from danger from such work, protecting persons from risks to health and safety from certain plant, to repeal the ConstructionSafetyAct 1971 and the Inspection of Machinery Act 1951 , to amend the Factories and Shops Act 1960 and the HealthAct1937 and for related purposes PART 1—PRELIMINARY ˙ Short title 1. This Act may be cited as the Workplace Health and Safety Act 1989 3-5. ˙ Commencement 2.(1) Section 1 and this section shall commence on the day on which this Act is assented to for and on behalf of Her Majesty. (2) Except as is provided by subsection (1), this Act or the provisions of this Act specified in the proclamation shall commence on a day or days appointed by proclamation for the commencement of this Act or, as the case may be, those provisions. ˙ Repeals and savings 3.(1) The Acts in Schedule 1 are repealed to the extent specified in that schedule.

8 Workplace Health and Safety Act 1989 (2) The Act specified in the first column of Schedule 2 is amended as specified in the second column of that schedule opposite the reference to that Act, and the Act as so amended may be cited as specified in the third column of that schedule in relation to that Act. (3) The provisions repealed by subsections (1) and (2) and under Part 8 are referred to in this Act as the repealed provisions. (4) A person who at the date of commencement of this section— (a) holds the appointment of inspector for the purposes of any of the repealed provisions shall on and from that date hold the appointment of inspector for the purposes of this Act until the person duly vacates it or is duly removed from it; (b) holds any other appointment for the purposes of any of the repealed provisions shall on and from that date hold that or a corresponding appointment for the purposes of this Act until the person duly vacates it or is duly removed from it. (5) Without limiting the operation of the Acts Interpretation Act 1954 , unless the contrary intention appears in this Act, every proclamation, order in council, rule, regulation, registration, order, notice, permit, certificate, approval, request, requirement, mark, agreement or modification of this Act, or other act of authority made, issued, given or done under the repealed provisions and in force immediately prior to the commencement of this section shall continue in force for the purposes of this Act as if it had been made, issued, given or done under this Act until it expires by effluxion of time or is repealed, amended or otherwise modified, revoked, cancelled or suspended under this Act, but shall be read and construed subject to this Act. (6) For the purposes of subsection (5), every registration of a factory or a shop under the Factories and Shops Act 1960 shall continue in force as if it were a registration of a workplace under this Act until it expires by effluxion of time or is modified, revoked, cancelled or suspended under this Act, but shall be read and construed subject to this Act. ˙ Application of Act 4.(1) This Act shall not apply to or in relation to— (a) a mine to which the Mines Regulation Act 1964 applies;

9 Workplace Health and Safety Act 1989 (b) a mine to which the Coal Mining Act 1925 applies; (c) land that is used for the obtaining or the mining or the conveying of petroleum under the Petroleum Act 1923 . (2) This Act shall not derogate from the provisions of the RadioactiveSubstances Act 1958 , the Queensland Marine Act 1958 , the Explosives Act1952 , the Traffic Act 1949 , the Motor Vehicles Safety Act 1980 or the PublicSafety Preservation Act 1986 and where there is any conflict between the provisions of this Act and the provisions of those Acts, the provisions of those Acts shall prevail, to the extent of that inconsistency. ˙ Extent to which Act binds the Crown 5. Subject to section 4, this Act binds the Crown not only in right of Queensland but also, so far as the legislative power of Parliament extends, the Crown in all its other capacities, except to the extent that this Act relates to, or could be construed as requiring, the provision, alteration, replacement or dealing with amenities in premises that existed prior to the commencement of this section. ˙ Interpretation 6.(1) In this Act— “airconditioning unit” means a unit of plant which provides airconditioning and which either— (a) incorporates an evaporative condenser or cooling tower; or (b) comprises 1 or more compressors and the power rating required for operation of the airconditioning unit is 50 kw or greater; “amenities” , in relation to a workplace, means the air space, ceilings, floors, floor area, roofs, walls, lighting, dining rooms, dressing rooms, sanitary and washing facilities; “amusement device” means a device— (a) used or designed to be used for amusement, games, recreation, sightseeing or entertainment, and on which persons may be carried, raised, lowered or supported by any part of the device, including any car, carriage, platform, cage, boat, plank, chair, seat

10 Workplace Health and Safety Act 1989 or thing whilst such part, car, carriage, platform, cage, boat, plank, chair, seat or thing is in motion; and (b) used for commercial purposes; “building or structure” includes any erection, edifice, wall, chimney, fence, bridge, dam, reservoir, wharf, jetty, earth works, reclamation, ship, floating structure, plant, tunnel, trench, excavation and shaft; “certificate” means any certificate granted under this Act and in force at the material time; “council” means the Workplace Health and Safety Council constituted under this Act; “Crown” , without limiting the generality of that term, includes any commission, board, instrumentality, corporation, or person representing the Crown and any person or body specified by the Governor in Council, by notification published in the Industrial Gazette, as representing the Crown for the purposes of this Act only; “dangerous occurrence” includes— (a) damage to any boiler, pressure vessel or refrigerating plant which damage endangers the health and safety or health or safety of any person in the vicinity of it; and (b) damage to any load-bearing member or part of, or failure to any brake, steering or limiting device or other control device of, any crane, hoist, conveyor, lift, escalator, plant, scaffolding, gear or amusement device; and (c) an uncontrolled explosion, fire, escape of gas or steam; and (d) an occurrence (including those involving any dangerous substance) involving imminent risk of explosion, fire, death, serious bodily injury or work related illness to any person or serious damage to any property; “Director” means the Director of the Division of Workplace Health and Safety appointed or deemed to be appointed under and for the purpose of this Act and includes any person for the time being performing the duties of the Director;

11 Workplace Health and Safety Act 1989 “domestic premises” means premises occupied as a private dwelling house, and includes such premises where the occupants are temporarily absent from the premises; “duly qualified” means possessing the required qualifications under the provisions of this Act; “employee” means a person who performs work for an employer; “employer” includes a person who, in the course of the person’s business, engages the services of another person in the performance of any work and also includes a self-employed person; “escalator” means a power driven inclined continuous stairway used for raising or lowering passengers, and includes a moving walkway; “function” has the meaning ascribed to that term under subsection (5); “inspector” means the Director of the Division of Workplace Health and Safety and any person who holds the appointment of workplace health and safety inspector for the purposes of this Act, and includes any person for the time being performing the whole or any part of the duties of a workplace health and safety inspector; “lift” means any machinery having a platform or cage the direction or movement of which is restricted by a guide or guides and used or designed for use for the purpose of raising or lowering persons, goods or materials, and includes any and all machinery, supports, and enclosures, and any and all equipment of them whether detachable or not, used or designed for use for operating a lift; “notifiable project” means a project prescribed to be a notifiable project, or a project belonging to a class of projects prescribed to be notifiable projects, under this Act; “occupier” , with respect to a workplace or other place, includes any person in actual occupation of that place whether employing persons or not, and any agent, manager, supervisor, or other person acting or apparently acting in the general management or control of the business carried on in that place;

12 Workplace Health and Safety Act 1989 “owner” means— (a) in relation to a project—the person or persons whose property it is whether jointly or severally or for whose direct benefit the project exists or will exist upon completion; or (b) in relation to a workplace or any other premises other than a project—the person or persons whose property it is, whether jointly or severally, and includes a mortgagee in possession and a lessee; or (c) in relation to any plant or substance the person whose property it is or, where some other person has control, charge or management of it—that other person, and any lessee, mortgagee, hirer or borrower of the plant or substance; “personal protective equipment” includes any clothing, equipment and substance designed— (a) to be worn by a person; and (b) to protect the person from risks of injury or disease; “plant” includes— (a) machinery, equipment, appliance, pressure vessel, implement and tool; and (b) personal protective equipment; and (c) plant specified in Schedule 3; and (d) a component of plant and a fitting, connection, accessory or adjunct to plant; “practicable” , means practicable having regard to— (a) the nature of the employment or, as the case may be, the particular aspect of the employment concerned; and (b) the severity of any potential injury or harm to health or safety that may be involved, and the degree of risk that exists in relation to such potential injury or harm; and (c) the state of knowledge about the injury or harm to health or safety that may be involved, about the risk of that injury or harm to health or safety occurring and about any ways of preventing, removing or mitigating that injury, harm or risk; and

13 Workplace Health and Safety Act 1989 (d) the availability and suitability of ways to prevent, remove or mitigate that injury or harm to health or safety or risk; and (e) whether the cost of preventing, removing or mitigating that injury or harm to health or safety or that risk is prohibitive in the circumstances; “premises” include— (a) land (whether or not improved or enclosed); and (b) a building (whether completely or partly erected or constructed or in the course of being erected or constructed); and (c) a part of a building; and (d) a road, street or bridge or another structure on, in or over or under a road or street; and (e) a structure or area (whether or not enclosed and whether above or below ground); and (f) a vehicle, vessel or aircraft; and (g) an installation on land, on the bed of any waters or floating on any waters; and (h) a tent or removable structure; and (i) any other place (whether on or under any waters or on the bed of any waters and whether the place is in a natural or undeveloped state); “principal contractor” , used in relation to a project, means the person who, under section 18, is the principal contractor in respect of a project; “project” means, subject to section 17(2)— (a) a workplace where any of the following classes of work are carried out— the construction, digging, filling, erection, installation, addition to, alteration, repair, maintenance, cleaning, painting, renewal, removal, dismantling or demolition of a building or structure: however the term only includes work in respect of a ship or floating structure where that ship or floating structure is in a dock or at a wharf or other place outside of the tidal influence; or

14 Workplace Health and Safety Act 1989 (b) any work, or any work of a kind or class, designated by the Director, under the provisions of this Act, to be a project; “rural industry” means an industry in which persons are engaged in work, whether as a servant or otherwise— (a) upon any farm, orchard, vineyard, agricultural holding or pastoral holding in connection with dairying, poultry farming, bee farming, or the sowing, raising or harvesting of grain, fodder, sugar cane, fruit, cotton, or any other crop or farm produce, whether grown for food or not, or the management, rearing or grazing of horses, cattle, sheep or other livestock, or the shearing or crutching of sheep, or the classing, scouring, sorting or pressing of wool upon any farm or station or at any other farm or station work; or (b) in flower or vegetable market gardens; or (c) at clearing, fencing, trenching, draining or otherwise preparing land for any purpose specified in this definition; “seizure notice” means a seizure notice issued under the provisions of this Act; “self-employed person” means a person who works for gain or reward otherwise than under a contract of employment or apprenticeship, whether or not that person employs 1 or more other persons; “serious bodily injury” means an injury that causes death or disables a person to the extent that as a consequence of that injury the person is subject to a period of admission to hospital as an in-patient; “substance” means any natural or artificial substance, whether in solid or liquid form or in the form of a gas or vapour; “work-related illness” means— (a) a disease that is contracted by an employee in the course of employment and to which the employment was a contributing factor; or (b) the recurrence, aggravation, acceleration, exacerbation or deterioration in an employee of any existing disease in the course of employment, where the employment was a contributing factor to that recurrence, aggravation, acceleration, exacerbation or

15 Workplace Health and Safety Act 1989 deterioration; “work injury” means— (a) an injury that arises out of or in the course of employment and that requires first aid or medical treatment; or (b) the recurrence, aggravation, acceleration, exacerbation or deterioration in an employee of any existing injury in the course of employment, which employment was a contributing factor to that recurrence, aggravation, acceleration, exacerbation or deterioration, that requires first aid or medical treatment; “workplace” means any premises where work is or is to be or is likely to be performed by employees or self-employed persons and includes any area within the immediate vicinity of such premises where gear, plant, equipment or materials to be used in that work are kept, and any building or structure, bridge, wharf, road or way on or within such premises or in the immediate vicinity of such premises. (4) For the purposes of this Act— (a) an employee is at work throughout the time when the employee is at his or her workplace or at or in any premises by the direction of his or her employer, but not otherwise; (b) a self-employed person is at work throughout such time as the person devotes to work as a self-employed person. (5) A reference in this Act to— (a) a function includes a reference to a responsibility, power, authority and duty; and (b) the exercise of a function includes, where the function is a duty, a reference to the performance of the duty. ˙ Objects of the Act 7. The objects of this Act are— (a) to promote and secure the health and safety of persons performing work; and (b) to protect persons performing work from risks to health and to safety; and

16 Workplace Health and Safety Act 1989 (c) to protect persons other than employees, and members of the public, from danger to health and safety in respect of any undertaking conducted, work performed or substance, manufactured, stored, kept, supplied, used or produced at or from that workplace; and (d) to assist in securing safe and hygienic work environments; and (e) to provide for a system of registration of all or any existing workplaces and for the approval prior to the construction of, or the carrying out of any structural alterations or additions to, any building intended for use or used as a workplace; and (f) to provide for a work environment, for persons performing work, that is adapted to their physiological and psychological needs; and (g) to reduce, eliminate and control risks to the health and safety of persons performing work; and (h) to foster cooperation and consultation between employers and employees and associations representing employers and employees and to provide for the participation of those persons and associations in the formulation and implementation of health and safety standards to current levels of technical knowledge and development; and (i) to provide for formulation of policies and for coordination of the administration of laws relating to workplace health and safety; and (j) to promote education and community awareness on matters relating to workplace health and safety; and (k) to protect and to promote and secure the health and safety of persons operating or using any plant of a kind specified in the Schedule 3 and any person who may be affected by such operation or use. ˙ Act not to apply in certain circumstances 8.(1) The Governor in Council may at any time and from time to time by order in council declare that all or any of the provisions of this Act shall not apply, under that declaration, in respect of any workplace or part of any

17 Workplace Health and Safety Act 1989 workplace, any class or classes of workplace or any other specified premises or any plant, substance or method of work or any class of them. (2) A declaration made under subsection (1) may be made subject to such conditions as are specified in the declaration. (3) This Act, or the provisions of this Act specified in the declaration made under subsection (1) shall not apply in respect of the workplace or part of a workplace, class or classes of workplace or other specified premises, plant, substance or method of work or class of them for so long as the exemption subsists and, in the case of an exemption subject to conditions, while the conditions are complied with. (4) The Governor in Council may revoke any exemption granted under subsection (1) or the conditions attaching to any such exemption. PART 2 — PROVISIONS RELATING TO WORKPLACE HEALTH AND SAFETY Division 1—General duties of employers, manufacturers etc. ˙ Employers to ensure health and safety of their employees 9.(1) An employer who fails to ensure the health and safety at work of all the employer’s employees, save where it is not practicable for the employer to do so, commits an offence against this Act. (2) Without in any way limiting the generality of subsection (1), any 1 or more of the following shall represent particulars of the offence created by that subsection— (a) particulars of failure to provide and maintain plant and systems of work that are so far as is practicable safe and without risks to the health and safety of any person; (b) particulars of failure to make arrangements for ensuring so far as is practicable safety and absence of risks to health and safety in connection with the use, handling, storage and transport of plant and substances;

18 Workplace Health and Safety Act 1989 (c) particulars of failure to maintain so far as is practicable any workplace under the control and management of the employer in a condition that is safe and without risks to the health and safety of any person; (d) particulars of failure to provide so far as is practicable adequate facilities for the health and safety of employees at any workplace under the control and management of the employer; (e) particulars of failure to provide so far as is practicable such information, instruction, training and supervision to such persons as are necessary to enable the employees to perform their work in a manner that is safe and without risks to their health and safety; (f) particulars of failure to provide personal protective equipment where it is not practicable to control hazards at the workplace by other means. (3) No particular referred to in subsection (2) shall constitute a separate offence. ˙ Employers and self-employed persons to ensure health and safety of themselves and persons other than employees 10.(1) An employer who fails to conduct his or her undertaking in such a manner as to ensure that his or her own health and safety and the health and safety of persons not in the employer’s employment and members of the public who may be affected are not exposed to risks arising from the conduct of the employer’s undertaking, save where it is not practicable for the employer to do so, commits an offence against this Act. (2) A self-employed person who fails to ensure that persons not in his or her employment and members of the public are not exposed to risks to their health or safety because of the work in which the self-employed person or any of his or her employees is engaged, save where it is not practicable for the self-employed person so to do, commits an offence against this Act.

19 Workplace Health and Safety Act 1989 ˙ Persons in control of workplaces etc. used by non-employees to ensure health and safety 11.(1) A person who has, to any extent, control of— (a) premises (not being domestic premises) that have been made available to persons (not being the person’s employees) as a place of work, or the means of access to, or egress from, the premises; or (b) any plant or substance, in any premises (not being domestic premises), that has been provided for the use or operation of persons at a workplace (not being the person’s employees), and who fails to ensure that the premises, the means of access to, or egress from, the premises or the plant or substance, as the case may be, are or is safe and without risks to health, save where it is not practicable for the person to do so, commits an offence against this Act. (2) Where a person has, because of any contract or lease, an obligation of any extent in relation to— (a) the maintenance or repair of any premises referred to in subsection (1)(a) or any means of access to, or egress from, the premises; or (b) the safety of, or the absence of risks to health arising from, any plant or substance referred to in subsection (1)(b); that person shall be treated, for the purposes of subsection (1), as being a person who has control of the thing to which the person’s obligation extends. (3) A reference in this section to a person having control of anything is a reference to a person having control of the thing in connection with the carrying on by the person of a trade, business or other undertaking (whether for profit or not). (4) In this section— “premises” does not include premises of a kind mentioned in paragraph (i) of the definition “premises” in section 6(1) unless premises of that kind are prescribed by regulation for the purposes of this section.

20 Workplace Health and Safety Act 1989 ˙ Duties of manufacturers etc. 12.(1) A person who designs, manufactures, imports or supplies any plant for use at a workplace who— (a) fails to ensure that the plant is so designed and constructed as to be safe and without risks to health when used properly, save where it is not practicable for the person to do so; or (b) fails to carry out or arrange for the carrying out of such testing and examination as may be necessary for the performance of the duty imposed by paragraph (a); or (c) fails to take such action as is necessary to ensure that there is available in connection with the use of the plant at the workplace adequate information about the use for which it is designed and has been tested, and about any conditions necessary to ensure that when put to that use it will be without risks to the health and safety of any person; or (d) fails to take such action as is necessary or required by the Director to remove from a workplace, plant that the Director considers, on reasonable grounds, to be unsafe and a risk to the health and safety of any person; commits an offence against this Act. (2) A person who erects or installs any plant for use at a workplace and who fails to ensure that nothing about the way in which it is erected or installed makes it unsafe or a risk to health or safety of any person when used properly, save where it is not practicable for the person to do so, commits an offence against this Act. (3) A person who manufactures, imports, controls storage of or supplies any substance for use at a workplace who— (a) fails to ensure that the substance is safe and without risks to the health or safety of any person when used properly, save where it is not practicable for the person to do so; or (b) fails to carry out or arrange for the carrying out of such testing and examination as may be necessary for the performance of the duty imposed by paragraph (a); or (c) fails to take such action as is necessary to ensure that there is

21 Workplace Health and Safety Act 1989 available in connection with the uses of the substance at the workplace adequate information on the identification, health hazards, precautions for use, and safe handling of the substance and the results of any relevant tests that have been carried out on or in connection with the substance; or (d) fails to take such action as is necessary or required by the Director to remove from the workplace a substance that is shown to be unsafe and a risk to the health or safety of any person or for which adequate information required under paragraph (c) is not available; commits an offence against this Act. (4) For the purposes of this section, any plant or substance is not to be regarded as properly used where it is used without regard to any relevant information or advice that is available relating to its use. ˙ Duties of employees 13.(1) An employee who, while at his or her workplace, wilfully acts in a manner that endangers the health or safety of himself or herself or any other person, commits an offence against this Act. (2) An employee who— (a) fails to comply, so far as is practicable, with instructions given by his or her employer for the health or safety of that employee or for the health or safety of other persons; or (b) fails to use, so far as is practicable, such protective clothing and equipment of the kind referred to in section 9(2)(f), as is provided, or provided for, by his or her employer, in a manner in which he or she has been properly instructed to use it; commits an offence against this Act. (3) An employee who— (a) wilfully or recklessly interferes with or misuses anything provided in the interests of health or safety under any provision of this Act; or (b) wilfully places at risk the health or safety of any person at the workplace;

22 Workplace Health and Safety Act 1989 commits an offence against this Act. ˙ Duties of persons other than an employer or employee 14. A person other than an employer or an employee who, at a workplace— (a) acts in a manner that endangers the health or safety of any other person at the workplace; or (b) fails to carry out a safety direction that is given to the person by the principal contractor or employer, as the case may be, for the workplace concerned; or (c) wilfully or recklessly interferes with anything provided in the interests of health or safety at the workplace; commits an offence against this Act. Division 2—Provisions concerning projects ˙ Effect of provisions of Division 15. The duties cast on a person as an owner or a principal contractor under the provisions of this Division are in addition to and not in substitution for duties cast on that person in any capacity under any other provisions of this Act. ˙ Director may designate projects 16. Where the Director, by notification published in the Industrial Gazette, is of the opinion that work carried out on or proposed to be carried on at a workplace or any class or classes of workplace is or is likely to be dangerous for employees or other persons involved in that work or for other persons in or near that workplace or class or classes of workplace, the Director may designate such workplace or class or classes of workplace to be a project or projects for the purposes of this Act.

23 Workplace Health and Safety Act 1989 ˙ Duties of owner 17.(1) The owner of the project, if required by the Director, shall— (a) give notice in writing to the Director of the boundaries of the area of the project (described in a manner approved by the Director); and (b) where the owner has appointed a person as principal contractor of the project under section 18(1)—lodge with the Director the instrument of appointment. (2) Where the area notified by the owner under this section overlaps any other area so notified in respect of a project, the project shall consist of the work performed in the combined area. ˙ Principal contractor in respect of project 18.(1) For the purposes of this Act, the principal contractor in respect of a project shall, subject to subsections (2) and (3), be— (a) a person appointed by the owner by notice, in a form approved by the Director by Industrial Gazette notice, to be principal contractor; and (b) where no appointment is made under paragraph (a)—the owner; of the project. (2) If a person appointed as principal contractor in respect of a project ceases to perform the functions of principal contractor, the Director may approve the appointment by the owner, of another person as principal contractor and, until such an appointment is approved, the owner of the project shall be deemed to be the principal contractor from the time the person previously appointed as principal contractor ceases to perform those functions. (3) Where the owner of a project is, under subsection (1)(b), also the principal contractor of the project, the Director may approve the appointment by the owner of another person as principal contractor.

24 Workplace Health and Safety Act 1989 ˙ Director may prescribe notifiable projects 19.(1) The Director may prescribe any project or projects of a particular class to be a notifiable project or notifiable projects for the purposes of this Act. (2) In the exercise of the power conferred on the Director by this section, it shall be competent to the Director to prescribe as notifiable projects all projects involving a building or structure save such project or classes of project as are specified by the Director. ˙ Notifiable project to be notified before commencement 20. A principal contractor shall not commence nor cause nor suffer to be commenced any project that is a notifiable project unless the principal contractor has first notified the Director, as prescribed, of the nature of the project and of the time when that project is to be commenced. ˙ Mode of notification 21. A notification given in relation to a notifiable project shall be in the prescribed form, shall be given to the Director at least 24 hours before the time when it is intended to commence the project and shall be accompanied by the prescribed fee. ˙ Contravention of s. 20 not an offence in certain circumstances 22. A person shall be taken not to have committed an offence against this Act on account of a contravention of section 20 if the person shows— (a) that the notifiable project was commenced to meet an emergency created by explosion, collision, fire, rain, flood, lightning, wind, earthquake or dangerous occurrence; and (b) that it was impracticable in the circumstances in which the work was commenced to give the notification as prescribed; and (c) that the notification was given in the prescribed form and the prescribed fee paid in the prescribed manner as soon as practicable after the work was commenced.

25 Workplace Health and Safety Act 1989 ˙ Duties of principal contractor 23. In respect of a project on which he or she is engaged, a principal contractor who— (a) fails to ensure, save where it is not practicable for the principal contractor to do so, that every employer and every employee engaged in an occupation at a workplace complies with or, as the case may be, does not contravene the provisions of this Act; or (b) fails to ensure the health and safety of members of the public on or near the workplace; or (c) fails to provide such other safeguards and take such other safety measures as are prescribed; commits an offence against this Act. Division 3—Provisions to protect persons from risks from specified plant ˙ General duties of owner of specified plant 24. A person who is the owner of any plant of a kind specified in Schedule 3 who, save where it is not practicable for the person to do so, fails to maintain that plant in such a condition that it is without risks to the health or safety of persons who may be affected by the risks, commits an offence against this Act. ˙ Duties of manufacturers etc. of specified plant 25.(1) A person who designs, manufactures, imports or supplies, for use by any person at any premises, any plant of a kind specified in the Schedule 3 who— (a) save where it is not practicable for the person to do so, fails to ensure that the plant is so designed and constructed as to be safe and without risks to the health or safety of any person when used properly; or (b) fails to carry out or arrange for the carrying out of such testing and examination as may be necessary for the performance of the

26 Workplace Health and Safety Act 1989 duty imposed by paragraph (a); or (c) fails to take such action as is necessary to ensure that there is available in connection with the use of the plant at the premises of use, adequate information about the use for which it is designed and has been tested, and about any conditions necessary to ensure that when put to that use it will be without risks to the health or safety of any person; or (d) fails to take such action as is necessary or required by the Director to remove from the premises of use any plant that the Director considers, on reasonable grounds, to be unsafe and a risk to the health or safety of any person; commits an offence against this Act. (2) A person who erects or installs any plant of a kind specified in Schedule 3 and who, save where it is not practicable for the person to do so, fails to ensure that nothing in the way in which it is erected or installed makes it unsafe or a risk to the health or safety of any person when used properly, commits an offence against this Act. (3) For the purposes of this section, any plant is not to be regarded as properly used where it is used without regard to any relevant information or advice that is available relating to its use. ˙ Duties under this Division are additional to other duties 26. The duties cast on a person under the provisions of this Division are in addition to and not in substitution for duties cast on that person under any other provision of this Act, however a person shall not be convicted twice for the same offence. PART 3—GENERAL PROVISIONS ˙ Record of injuries, illnesses and occurrences to be kept 27. Every employer and every principal contractor to whom this Act applies—

27 Workplace Health and Safety Act 1989 (a) shall keep a record in English, in the prescribed form, showing the prescribed particulars in respect of every work injury, work-related illness or dangerous occurrence that occurs at a workplace at which work is being performed for the person; and (b) shall, not later than 3 clear days after any work injury, work-related illness or dangerous occurrence that occurs at that workplace, insert in that record the prescribed particulars of that work injury, work-related illness or dangerous occurrence; and (c) shall make that record available for inspection by an inspector when requested to do so. ˙ Notification of serious bodily injury, work-related illness or dangerous occurrence to be given 28.(1) Every employer to whom this Act applies shall give notice to the Director in the prescribed form of every serious bodily injury, work-related illness, or dangerous occurrence that occurs at a workplace, other than a project, at which work is being performed for that employer. (2) Where any serious bodily injury, work-related illness, or dangerous occurrence occurs on or in relation to a project, such notice shall be given by the principal contractor of that project. (3) The notice referred to in subsections (1) and (2) shall be given within 24 hours after the occurrence of any such serious bodily injury or dangerous occurrence or within 24 hours of becoming aware of a work-related illness. ˙ Immediate notice concerning death 29. As soon as possible after the occurrence of any serious bodily injury, work-related illness or dangerous occurrence of a kind referred to in section 28 that causes death, the person required under section 28 to give written notice of the occurrence shall in addition give to the Director or to any other inspector by the quickest means of communication available to the person all information concerning the serious bodily injury, work-related illness or, as the case may be, dangerous occurrence then available to the person.

28 Workplace Health and Safety Act 1989 ˙ Scene not to be interfered with 30. Upon the happening of any serious bodily injury or dangerous occurrence of a kind referred to in section 28 or 29 or a work-related illness of a kind referred to in section 29 that is required to be notified to the Director, a person shall not move or otherwise interfere with any plant or other thing involved in the happening unless the person first obtains the permission of an inspector or, if an inspector is not available, a police officer save where such movement or interference is necessary to save life or relieve suffering or to prevent damage to property or injury to persons. ˙ Offence not to report as prescribed 31. A person who, being required to give any notice under section 28 or 29, fails to do so as prescribed commits an offence against this Act. ˙ Inspector’s duty on receipt of notice 32.(1) Upon receipt of a notice under section 28 or 29, the Director or any other inspector nominated by the Director may enquire as he or she considers necessary into the circumstances of the injury, illness, occurrence or death with a view to establishing the cause and, if the Director or inspector so enquires, shall make a written report of his or her findings, which, in the case of an inspector other than the Director shall be made to the Director. (2) In discharging his or her duty under this section, an inspector may require any person to inform the inspector of what that person knows concerning the circumstances relating to the injury, illness, occurrence or death. ˙ Tribunal to conduct enquiries and to investigate accidents 33.(1) The Minister may from time to time— (a) set up an accident and enquiry tribunal charged with the function of investigating, determining and reporting on the cause of any serious bodily injury, work-related illness or dangerous occurrence—

29 Workplace Health and Safety Act 1989 (i) that is required by this Division to be notified to the Director; and (ii) that the Minister refers to it; or (b) set up an accident and enquiry tribunal charged with the function of enquiring into and reporting on any matter or thing that the Minister refers to it. (2) In the discharge of its functions an accident and enquiry tribunal shall enquire into the circumstances and possible causes of the accident, illness or occurrence or, as the case may be, into the circumstances of the matter concerned and shall make its findings in writing to the Minister. (2A) For the purpose of any such enquiry an accident and enquiry tribunal shall be deemed to be a commission of inquiry within the meaning of the CommissionsofInquiryAct1950 and the provisions of that Act, other than sections 4, 4A, 10(3), 13, 14(1A), 19(2), 19A, 19B, 19C and 26, shall apply accordingly. (2B) However, if a provision of that Act is inconsistent with a provision of this Act, the provision of this Act, to the extent of the inconsistency, shall prevail. (3) For the purposes of applying the provisions of the CommissionsofInquiryAct1950 , each member of the tribunal shall be deemed to be a commissioner and the chairperson shall be deemed to be the chairperson within the meaning of that Act. (4) There shall be payable to a witness who appears before the tribunal an allowance for expenses being— (a) the allowances payable under section 24 of the CommissionsofInquiry Act 1950 ; or (b) such other allowances as the chairperson of the tribunal in special circumstances considers reasonable; whichever is the greater and that allowance shall be paid out of funds appropriated by the Parliament for that purpose. (5) An accident and enquiry tribunal shall consist of 4 members appointed by the Minister of whom— (a) 1 shall be an Industrial Magistrate who shall be chairperson of the tribunal; and

30 Workplace Health and Safety Act 1989 (b) 1 shall be a person representing employers and principal contractors or employers or principal contractors, as the Minister considers appropriate, in the industry to which the injury, illness, occurrence or enquiry concerned relates; and (c) 1 shall be a person representing employees in the industry to which the injury, illness, occurrence or enquiry concerned relates; and (d) 1 shall be a person who is, in the opinion of the Minister, a health and safety expert in the industry to which the injury, illness, occurrence or enquiry concerned relates. ˙ Codes of practice 34.(1) For the purpose of providing practical guidance to principal contractors, employers, owners, occupiers, employees or any other persons to whom duties of care may apply under this Act, the Minister may upon the recommendation of the Director approve any code of practice. (2) A code of practice may consist of any code, standard, rule, specification or provision relating to workplace health and safety formulated, prepared or adopted by the Director and may apply, incorporate or refer to any document formulated or published by any body or authority as in force at the time the code of practice is approved or as amended, formulated or published from time to time. (3) The Minister may upon the recommendation of the Director approve any revision of the whole or any part of a code of practice or revoke the approval of a code of practice. (4) The Minister shall cause to be published in the Industrial Gazette notices of— (a) the approval of a code of practice; and (b) the approval of a revision of the whole or any part of a code of practice; and (c) the revocation of approval of a code of practice. (5) The Minister shall cause a copy— (a) of every approved code of practice; and

31 Workplace Health and Safety Act 1989 (b) where an approved code of practice has been revised and that revision has been approved—of every approved code of practice as so revised; and (c) where an approved code of practice applies, incorporates or refers to any other document—of every such document; to be made available for inspection by members of the public without charge during normal office hours. (6) An approved code of practice shall come into effect— (a) on the day on which notice of approval of the code of practice is published in the Industrial Gazette or on such later day as may be specified in the notice; and (b) where the code of practice has been revised in whole or in part, to the extent of that revision on the day on which notice of approval of that revision is published in the Industrial Gazette or on such later day as may be specified in the notice. (7) An approved code of practice shall cease to be of effect at the end of the day on which notice of the revocation of approval of the code of practice is published in the Industrial Gazette. (8) A person shall not be liable to any civil or criminal proceedings merely because the person has failed to observe any provision of an approved code of practice. ˙ Use of codes of practice in proceedings 35. Where in any proceedings under this Act it is alleged that a person contravened a provision of this Act in relation to which an approved code of practice was in effect at the time of the alleged contravention— (a) the approved code of practice shall be admissible in evidence in those proceedings; and (b) if the court is satisfied, in respect of any matter that it is necessary for the prosecution to prove in order to establish the alleged contravention, that— (i) any provision of the approved code of practice is relevant to that matter; and

32 Workplace Health and Safety Act 1989 (ii) the person failed at any material time to observe that provision of the approved code of practice; that matter shall be taken as proved unless the court is satisfied, that in respect of that matter the person complied with that provision of this Act otherwise than by way of observance of that provision of the approved code of practice. PART 4 — COUNCIL ˙ Constitution of Workplace Health and Safety Council 37. There shall be constituted for the purposes of this Act, a council to be called the Workplace Health and Safety Council. ˙ Membership of the Council 38.(1) On the date of commencement of section 14 of the WorkplaceHealth and Safety Act and Other Acts Amendment Act 1990 , the existing members of the Council shall go out of office and the Council shall be reconstituted and shall consist of 9 members appointed by the Governor in Council by notification published in the Industrial Gazette. (2) The persons eligible for membership shall be— (a) the following ex officio members of the council— (i) the Director-General of the department of government of Queensland within which this Act is administered who shall be chairperson; (ii) the holder of an office within the Department of Health nominated by the Minister for the time being charged with the administration of that last mentioned department; (iii) the Director, Division of Workplace Health and Safety, in the department of government of Queensland within which this Act is administered; (b) the Governor in Council shall appoint to the council—

33 Workplace Health and Safety Act 1989 (i) 2 members nominated by 1 or more associations which are recommended by the Minister as representative of employers; and (ii) 2 members nominated by 1 or more associations which are recommended by the Minister as representative of employees; and (iii) 2 members recommended by the Minister as experts in the field of workplace health and safety. ˙ Chairperson of Council 39.(1) The chairperson shall preside at every meeting of the Council at which the chairperson attends. (1A) If the chairperson is absent from a meeting, another member of the Council chosen for the purpose by a majority of the members present and voting shall preside. (2) Save when the regulations disentitle him or her from voting on the matter in issue, the member presiding at a meeting of the Council shall be entitled to a deliberative vote on any matter before the meeting and, in the event of an equal division of votes, shall be entitled to a second or casting vote. ˙ Tenure of office 40.(1) The appointment of a member of the Council shall commence on the date specified in the notification of appointment published in the Industrial Gazette and, save in the case of an appointment to fill a casual vacancy, shall be for a term of 3 years. (2) A member of the Council shall be eligible for reappointment if the member is qualified to be nominated for reappointment. ˙ Vacation of office 41.(1) The office of a member of the Council shall become vacant if the member— (a) dies; or

34 Workplace Health and Safety Act 1989 (b) becomes bankrupt or otherwise takes advantage of the laws in force for the time being relating to bankruptcy; or (c) is absent without prior leave granted by the Council from 3 consecutive ordinary meetings of the Council of which due notice has been given to the member; or (d) resigns the member’s office by signed writing delivered to the Minister; or (e) is convicted, in Queensland, of an indictable offence (whether upon indictment or by way of summary proceeding) or is convicted, elsewhere than in Queensland, of an offence which would be an indictable offence if committed in Queensland, or is convicted of an offence against this Act; or (f) is removed from office by the Governor in Council on the grounds of incapacity to perform duties as a member or of conduct which, in the opinion of the Governor in Council, shows the member to be unfit to be a member of the Council. (2) Attendance of a member of the Council at the time and place appointed for an ordinary meeting of the Council shall be deemed to constitute presence at a meeting because a quorum is not present no meeting is then and there actually held, and the names of all persons who so attend shall be entered in the minute book. (3) A resignation as member of the Council shall be of no effect until notice in writing of the resignation is received by the Minister or until the operative date specified in the notice whichever is the later. ˙ Casual vacancies 42. When a vacancy occurs in the office of a member of the Council during the term of office of the members then constituting the Council, the Governor in Council may under section 38 appoint another person as a member to hold office for the balance of his or her predecessor’s term of office as a member. ˙ Appointment of deputy members 43.(1) If it appears to a member of the Council other than the chairperson

35 Workplace Health and Safety Act 1989 that the member will be unable to adequately discharge the member’s functions under this Act for any period, the member shall, in writing, inform the Minister of that fact. (2) Where that member was appointed to the Council under section 38(2)(b)(iii), the Minister may, upon receipt of that information, recommend to the Governor in Council that another person be appointed as a deputy member of the Council until that member is again able to adequately discharge those functions. (2A) In any other case the Minister may, in writing, call upon the person or body who nominated that member to nominate to it another person for appointment, subject to the recommendation of the Minister, by the Governor in Council as a deputy member of the Council until that member is again able to adequately discharge those functions. (3) Upon receipt of a recommendation by the Minister under subsection (2), the Governor in Council may, by notification in the Industrial Gazette, appoint the person recommended as a deputy member of the Council. (4) A deputy member for as long as the appointment subsists, shall have and may exercise the functions of the member for whom the deputy member is deputising. ˙ Meetings of Council 44.(1) The Council shall meet as often as is necessary for the due administration of this Act, at such times and places as it thinks fit, and shall conduct its business in the manner prescribed or, in so far as not prescribed, as it determines from time to time. (2) A quorum at any meeting of the Council shall be 6 members entitled to vote on the business before the meeting who, at a duly convened meeting, shall be competent to transact any business of the Council and may exercise and perform all the functions of the Council. (3) The decision of a majority of the members at a meeting of the Council at which a quorum is present shall be a decision of the Council. (4) If a member present at a meeting and entitled to vote abstains from voting, the member shall be taken to have cast a vote for the negative. (5) A proceeding or decision of the Council shall not be invalidated or

36 Workplace Health and Safety Act 1989 made ineffectual merely because— (a) the whole number of members had not been appointed at the time; or (b) any member was not entitled to take part in the proceeding or decision; or (c) there is a defect in the appointment of any member. ˙ Entitlements of members of Council 45.(1) Members of the Workplace Health and Safety Council shall be entitled to such fees and allowances as are approved by the Governor in Council save that a member of the Council who is an officer of the public service shall not receive fees or allowances for attendance at a meeting of the Council during the officer’s ordinary hours of duty. (2) Members of the Council shall be entitled to be reimbursed such out- of-pocket expenses necessarily incurred by them in the performance of their duties as such members as are approved by the Minister. ˙ Functions of Workplace Health and Safety Council 46. The functions of the Council are— (a) to advise the Minister on any policy matter relating to workplace health and safety; and (b) to enquire into, recommend and promote educational programs on workplace health and safety; and (c) to devise, in cooperation with educational authorities and bodies, courses in relation to workplace health and safety and to recommend to the Minister that such courses be integrated into programs in educational institutions; and (d) to recommend to the Minister the establishment of public enquiries into any matter relating to workplace health and safety; and (e) to recommend to the Minister the formation of appropriate industry workplace health and safety committees and the membership of the committees; and

37 Workplace Health and Safety Act 1989 (f) to recommend to the Minister any changes to the constitution and membership of industry workplace health and safety committees; and (g) to require the appropriate industry workplace health and safety committees to examine any matter relating to workplace health and safety and make a recommendation accordingly; and (h) to receive recommendations from industry workplace health and safety committees and submit them to the Minister with appropriate recommendations; and (i) to recommend to the Minister that research into any workplace health and safety matter be undertaken or encouraged; and include any other functions assigned to it by the Minister under this Act. PART 5—INDUSTRY WORKPLACE HEALTH AND SAFETY COMMITTEES ˙ Minister may establish committees 47.(1) For the purposes of this Act, the Minister may establish and maintain such number of committees for such period or periods as the Minister determines each of which shall be called an industry workplace health and safety committee. (1A) An industry workplace health and safety committee shall consist of— (a) a person nominated by the Minister who shall in the person’s appointment be designated and shall be chairperson of the committee; and (b) a person nominated by the Minister, other than the person nominated under paragraph (a), who shall represent the department within which this Act is administered; and (c) 2 persons nominated by the Minister (other than the person nominated under subparagraph (a) or (b)) who are in the opinion of the Minister experts in the field of workplace health and safety;

38 Workplace Health and Safety Act 1989 and (d) 4 persons representing employers in the industry in respect of which the committee in question is constituted; and (e) 4 persons representing employees in the industry in which the committee in question is constituted; and (f) such other persons as may from time to time be nominated by the Minister as the Minister thinks necessary. (2) The members of an industry workplace health and safety committee shall be appointed by the Minister by notification published in the Industrial Gazette. (3) Such a committee shall be taken to be constituted upon the publication in the Industrial Gazette of the appointment of its members. ˙ Appointment of deputy chairperson 48.(1) If it appears to the chairperson of an industry workplace health and safety committee that the chairperson will be unable to discharge adequately the chairperson’s functions under this Act for any period, the chairperson shall, in writing, inform the Minister of that fact. (2) Upon receipt of that information, the Minister may appoint a person (whether or not the person is a member of the committee concerned) to deputise for that chairperson during that period. (3) A person appointed to deputise as chairperson under subsection (2) for so long as his or her appointment subsists, shall have and may exercise the functions of that chairperson. ˙ Appointment of deputy members 49.(1) If it appears to a member of an industry workplace health and safety committee other than the chairperson that the member will be unable to discharge adequately the member’s functions under this Act for any period, the member shall, in writing, inform the Minister of that fact. (2) Where that member was nominated by the Minister under section 47(1)(a) or (b), the Minister may, upon receipt of that information, nominate another person for appointment as a deputy member of the

39 Workplace Health and Safety Act 1989 committee concerned until that member is again able to discharge adequately those functions. (2A) In any other case the Minister may, in writing call upon the person or body who nominated that member to nominate to the Minister another person for appointment as a deputy member of the committee concerned until that member is again able to discharge adequately those functions. (3) The Minister may, by notification in the Industrial Gazette, appoint the person so nominated under subsection (2) as a deputy member of the committee. (4) A deputy member, for as long as the deputy member’s appointment subsists, shall have and may exercise the functions of the member for whom the member is deputising. ˙ Term of appointment of committee member 50.(1) A member of an industry workplace health and safety committee including the chairperson shall be appointed and hold office for a term not exceeding 3 years. (2) If by the expiration of that term the member’s successor has not been duly appointed, the member shall, subject to section 52, hold office until the member’s successor is duly appointed. (3) A member of such a committee shall be eligible for reappointment. ˙ Vacating member’s office 51.(1) A member of an industry workplace health and safety committee may at any time— (a) resign the member’s appointment as such by signed writing addressed to the Minister; or (b) be removed from the member’s appointment as such by writing under the hand of the Minister. (2) A member of such a committee shall be deemed to have vacated the member’s office— (a) in the event of the member’s resignation, upon the receipt by the Minister of the member’s notice of resignation; or

40 Workplace Health and Safety Act 1989 (b) in the event of the member’s removal, upon the issue by the Minister of notice of the member’s removal; or (c) in the event of the member’s absence without the committee’s leave first obtained from 3 consecutive ordinary meetings of the committee of which notice has been duly given to the member; or (d) if the member becomes incapable of performing the functions of a member; or (e) if the member becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the member’s creditors or makes an assignment of the member’s estate for their benefit. (3) For the purposes of subsection (2)(c)— (a) the non-attendance of a member at the time and place appointed for an ordinary meeting shall not constitute absence from that meeting unless a meeting of the committee at which a quorum is present is actually held on that day; and (b) the attendance of a member at the time and place appointed for an ordinary meeting shall be deemed to constitute presence at an ordinary meeting because of the lack of a quorum a meeting is not actually held on that day; and (c) the names of the members who attend at the time and place appointed for an ordinary meeting shall be entered in the minute book. (4) Minutes of each meeting of each committee shall be recorded and a copy presented at the next meeting of the committee concerned for confirmation, and following confirmation shall be signed by the chairperson and shall form part of the minutes of that meeting. ˙ Casual vacancy in member’s office 52.(1) A casual vacancy shall be taken to arise in the office of a member of an industry workplace health and safety committee— (a) if the member dies; or (b) if the member’s office becomes vacant as prescribed by section 51.

41 Workplace Health and Safety Act 1989 (2) If a casual vacancy occurs in the office of a member another person shall be appointed as a member under section 47, to fill that vacancy. (3) The appointment of a person appointed to fill a casual vacancy shall continue for as long as the appointment of the member’s predecessor had the casual vacancy not occurred. ˙ Meetings of committee 53.(1) An industry workplace health and safety committee shall meet as often as is necessary for the exercise of its functions at such times and places as the committee from time to time determines. (2) The chairperson of a committee may convene a meeting of the committee at any time. (3) A quorum shall consist of the chairperson and 6 other members of the committee and business shall not be conducted at a meeting of a committee unless a quorum is present. ˙ Proceedings of committee 54.(1) Where a question requiring a vote arises at a meeting of an industry workplace health and safety committee, that question shall be decided by a majority of votes of the members present. (2) The chairperson of a committee has a deliberative vote and also, in the event of an equality of votes on any question, a casting vote. (3) Subject to this Act, a committee shall conduct its meetings generally and proceedings at its meetings in such manner as is prescribed or so far as is not prescribed as it determines from time to time. ˙ Validity of acts done by the committee etc. 55. The validity of acts done by an industry workplace health and safety committee or by the chairperson or any other member of such a committee, or a deputy of any member including the chairperson, shall not be affected by any error or defect in the appointment of any such person or because of a vacancy in the membership of the committee.

42 Workplace Health and Safety Act 1989 ˙ Functions of committee 56. The functions of an industry workplace health and safety committee are— (a) to review the workplace health and safety legislation in force in respect of the industry or industries for which the committee is constituted and make suitable recommendations to the Minister for the necessary amendments to existing legislation or for the introduction of new legislation in respect of any workplace health and safety matter; and (b) to examine any proposal relating to education and community awareness on matters concerning health and safety and reject it or make recommendations on that proposal to the Minister; and (c) to examine all matters relating to workplace health and safety in respect of the industry or industries for which the committee is constituted and make recommendations in writing on those matters to the Minister; and (d) to examine, investigate and report on any matter referred to it by the Workplace Health and Safety Council. ˙ Entitlements of members of industry workplace health and safety committees 57.(1) Members of industry workplace health and safety committees shall be entitled to such fees and allowances as are approved by the Governor in Council save that a member of such a committee who is an officer of the public service shall not receive fees or allowances for attendance at a meeting of the committee concerned during his or her ordinary hours of business. (2) Members of industry workplace health and safety committees shall be entitled to be reimbursed such out-of-pocket expenses necessarily incurred by them in the performance of their duties as such members as are approved by the Minister. PART 6—WORKPLACE HEALTH AND SAFETY

78 Workplace Health and Safety Act 1989 months after the matter of complaint comes to the knowledge of the Director, whichever period is the later to expire. ˙ Liability for offence by body corporate 124.(1) Where an offence against this Act is committed by a body corporate, then, without derogating from section 7 of the Criminal Code, each of the following persons shall be deemed to have committed the offence and, despite section 23 of the Criminal Code or any other rule of law or practice, to be criminally responsible for the act or omission concerned and may be charged with the offence and punished accordingly— (a) the person who at the time the offence is committed was the chairperson of directors, managing director or other governing officer by whatever name called or other member of the governing body of the body corporate by whatever name called; (b) every person who at the time the offence is committed manages or acts or takes part in the management, administration or government of the business in Queensland of the body corporate. (2) This section applies so as not to limit or affect the liability of a body corporate to be proceeded against and punished for an offence against this Act committed by it. (3) It is a defence to a charge of an offence against this Act brought against a person specified in subsection (1)(a) or (b) to prove that the offence was committed without that person’s consent or connivance and that the person exercised due diligence to prevent the commission of the offence. ˙ Representation of parties at hearing 125.(1) On the hearing or determination of any proceedings under this Act whether before a Court or the Commission or an Industrial Magistrate, a party which is an industrial union may be represented by a member or officer and any party may be represented by the party’s agent duly appointed in writing in that behalf. (2) A party may be represented by counsel or solicitor in proceedings before the Court with the consent of all parties to the proceedings, or by leave of the Court.

79 Workplace Health and Safety Act 1989 (3) Unless all parties consent, a party shall not be represented by counsel or solicitor in any proceedings before the Commission or before an Industrial Magistrate. (4) This section shall not be construed as limiting the power of a Court or Commission to grant leave to a person in any matter to intervene in any matter before the Court or Commission, but that power shall not be exercised except in a case where the Court or, as the case may be, the Commission is of the opinion that it is desirable that a person be heard. ˙ Power to forfeit on conviction 126.(1) Upon convicting a person of an offence against this Act that is committed in respect of any premises or part of premises, any plant, substance or thing the Industrial Magistrate may, whether or not application is made for an order, make an order that the premises or part of premises, plant, substance or thing be forfeited to the Crown. (2) Any plant, substance or thing so forfeited shall be taken into possession on behalf of the Director and shall be disposed of as directed by the Director. ˙ Power to order rectification 127.(1) Where a person is convicted of an offence against this Act the Industrial Magistrate may, in addition to imposing a penalty on the person, order that the person take steps to rectify the contravention in question to the satisfaction of an inspector within the time specified in the order. (1A) The Industrial Magistrate may, on application made to the Industrial Magistrate, enlarge the time specified in such an order or may fix another time within which the order is to be complied with. (2) When the Industrial Magistrate is minded to make an order under subsection (1) an Industrial Magistrate may adjourn the matter of penalty to be imposed until the expiration of the time to be specified in the order or of that time as later enlarged or until the expiration of another time later fixed, as the case requires, but in that event the offender shall not be punished if the offender has complied with the order by the expiration of the material time. (3) Where an order is made under subsection (1), the offender shall not

80 Workplace Health and Safety Act 1989 be liable in respect of the continuance of the contravention during the time allowed by the Industrial Magistrate, but if at the expiration of the material time the offender has failed to comply with the order to rectify the offender commits a further offence against this Act. ˙ Recovery of fees 128.(1) An amount of fees payable under this Act and not paid may be recovered— (a) by summary proceedings in a Magistrates Court under the Justices Act 1886 ; or (b) by action in a court of competent jurisdiction as for a debt due and owing to the person in whose name the action is brought; upon the complaint or, as the case may be, plaint of the Director or of a person authorised by the Minister or by the Director. (2) Proceedings for the recovery of fees may be taken, heard and determined— (a) within any division of the Brisbane District appointed under the Decentralisation of Magistrates Courts Act 1965 ; or (b) within, or within 35 km of, the boundary of the Magistrates Courts District where the inspection or other service or act in respect of which the fees are payable was made, rendered or done. ˙ Forgery of certificates etc. 129.(1) A person shall not— (a) forge any authority, certificate, permit, notice, record, approval, exemption or any other document required or permitted by this Act to be issued or held for any purpose; or (b) use or deal with or induce another to use, deal with or act upon any such document required or permitted by this Act to be issued or held for any purpose knowing the same to have been forged; or (c) use or deal with or induce another to use, deal with or act upon as

81 Workplace Health and Safety Act 1989 applying to any person any such document required or permitted by this Act to be issued or held for any purpose knowing the same not to apply to that person; or (d) impersonate a person named in any such document required or permitted by this Act to be issued or held for any purpose; or (e) hold himself or herself out as an inspector unless the person is appointed under this Act as an inspector; or (f) hold himself or herself out as a health and safety officer or representative for a workplace unless the person is appointed or elected as such for a workplace under this Act; or (g) connive at a contravention of paragraph (a) to (f); or (h) make a false entry in any register, book, record, notice, direction, certificate, permit, authority or other writing required or permitted by this Act to be made, kept, exhibited, given, issued or held, knowing the same to be false. (2) For the purposes of subsection (1)— “forge” has the meaning assigned to that term by section 486 of the Criminal Code. ˙ Protection of persons administering Act 130. Neither the Crown, the Minister, a person who is a member of a board of reference or an Appeals Tribunal under this Act, an inspector nor any other person shall incur any liability on account of anything done bona fide and without negligence for the purposes of this Act for damage or injury alleged to arise because of the thing. ˙ Facilitation of proof 131.(1) In any proceedings under and for the purposes of this Act— (a) it shall not be necessary to prove the appointment of the Director or an inspector or other officer or the authority of an inspector to do any act or to issue any order or to give any direction or notice or to make any request or take any proceeding, but this shall not prejudice the right of any defendant to prove the facts or the extent

82 Workplace Health and Safety Act 1989 of such authority; and (b) a signature purporting to be that of the Minister or of the Director or of any other inspector shall be taken to be the signature it purports to be until the contrary is proved; and (c) a document purporting to be signed by an inspector and stating that, at a specified time, a place specified in such manner as reasonably permits of identification was or was not a workplace or was or was not within a prescribed category of workplace, or stating that any approval of an inspector was or was not given, shall, upon its production in evidence, be evidence of the matter contained in the document, and, in the absence of evidence to the contrary, shall be conclusive evidence of such matter; and (d) a document purporting to be either an original or duplicate copy of any certificate, order, approval, permit, requisition, exemption, authority, special standard or notice, issued, granted or set under this Act by the Minister or by the Director or by any other inspector shall, upon its production in that proceeding, be evidence and, in the absence of evidence to the contrary, conclusive evidence of that certificate, order, approval, permit, requisition, exemption, authority, special standard or notice; and (e) a certificate purporting to be signed by the Director certifying— (i) as to the receipt or otherwise of a notice, application or payment; or (ii) that an amount of fees or another amount payable under this Act is due and owing by a specified person and has not been paid; or (iii) that an inspection was made or a service has been rendered; or (iv) that an offence against this Act came to the Director’s knowledge on the date specified in the certificate; shall, upon its production in that proceeding, be evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained in that certificate; and (f) a document purporting to be signed by the Director stating that at a specified time or during a specified period there was or was not

83 Workplace Health and Safety Act 1989 in force any certificate, order, approval, permit, authority, requisition, exemption or notice under this Act as described in the document granted, as given or made to a specified person or class of persons or in respect of a specified thing and that the approval, permit or authority was or was not subject to the terms, conditions or restrictions set out in the document shall upon its production in those proceedings be evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained in the document; and (g) every provision of this Act relevant to the proceeding shall be presumed to apply with respect to any plant the subject of the proceedings in the absence of evidence to the contrary; and (h) the authority of an inspector or other officer of the Government of Queensland to do any act or take any proceeding shall be presumed in the absence of evidence to the contrary; and (i) an allegation on averment in a complaint— (i) that any premises are or that any act, matter or thing was done or omitted within a specified district; or (ii) that any plant has been designed, manufactured, imported, supplied, erected or installed by any person; or (iii) that any substance has been manufactured, imported, supplied, stored or produced by any person; or (iv) that the person named in the complaint is, or was at the time specified, the owner, occupier, employer or principal contractor in respect of any premises; shall be evidence and, in the absence of evidence to the contrary, conclusive evidence of that matter; and (j) a document or booklet purporting to be published by or under the authority of the Standards Association of Australia shall, upon its production in those proceedings be evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters appearing on and in that document or booklet; and (k) a certificate purporting to be signed by the Director, endorsed upon or annexed to a document or booklet of a kind referred to in paragraph (j) stating that any standard or code of practice

84 Workplace Health and Safety Act 1989 contained in that document or booklet was in force on a specified date or during a specified period of time, shall be evidence and, in the absence of evidence to the contrary, conclusive evidence that such standard or, as the case may be, code of practice was in force at the date or, as the case may be, during the period so specified; and (l) a certificate purporting to be signed by a person authorised to grant it shall, upon its production in that proceeding, be evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained in that certificate; and (n) it shall not be necessary to prove the limits of any local authority area or any part of any local authority area, or radius or other prescribed place, or that any road or place is within any local authority area or radius or other prescribed place, or that any place alleged to be a road or public place or any particular part of a road or public place is a road or public place or part of a road or public place, or the authority of the Director or of any inspector to do any act or take any proceedings, but this shall not prejudice the right of any defendant to adduce evidence in relation to those matters; and (o) a document purporting to be signed by an inspector and stating that at a specified time an application for the renewal of registration of a place as a workplace was or was not made in respect of a place specified in the document in such manner as reasonably permits of identification shall, upon its production in evidence, be evidence of the matter contained in the document and in the absence of evidence to the contrary shall be conclusive evidence of such matter; and (p) a document purporting to be signed by an inspector and stating that at a specified time a notice in writing of the vacating of a workplace or of a business carried on at specified premises was or was not lodged in respect of the premises or, as the case may be, a business specified in the document in such manner as reasonably permits of identification shall, upon its production in evidence, be evidence of the matter contained in the document and in the absence of evidence to the contrary shall be conclusive evidence of such matter.

85 Workplace Health and Safety Act 1989 (2) This section does not prejudice or in any way affect other means of proving the elements of an alleged offence. PART 11—RECOVERY OF PENALTIES BY NOTICES ˙ Penalties exacted by way of notice to offender 132.(1) When an inspector finds a person committing an offence against any provision of the regulations under this Act and, having regard to— (a) the type of offence concerned; and (b) the place where the offence occurs; and (c) the circumstances in which the offence occurs, the inspector believes that proceedings under this section are adequate, the inspector may, upon ascertaining the true name and usual place of residence of the offender, give the offender the notice specified in subsection (2). (2) The notice— (a) shall be identified by a serial number; and (b) shall identify the person to whom it is given by the person’s true name and usual place of residence; and (c) shall state in general terms the offence which the person has been found committing; and (d) shall inform the person in general terms that if the person does not desire the matter to be determined in a court hearing the person may complete the form attached to or appearing upon the notice and may forward or deliver that form together with a prescribed sum by way of penalty to the person named in the form within the time appointed in the notice (which shall be not less than 10 days from the date of the giving of the notice) and the person will not be liable to further penalty or costs in the matter; and (e) shall inform the person in general terms that the person has the

86 Workplace Health and Safety Act 1989 right to decline to proceed in the manner described in paragraph (d) and to allow the matter to be determined in a court hearing if the person— (i) desires to contest the question whether the offence alleged was in fact committed; or (ii) wishes to submit to the court matters in extenuation of penalty; or (iii) for any other reason; in which event the person need not reply or take further action in respect of the notice and that in such case court process will issue against the person in due course. (3) Where a person to whom a notice is given under subsection (1) proceeds in the manner described in subsection (2)(d) within the time appointed in the notice, a proceeding against the person by way of prosecution for the offence alleged in the notice shall not be competent, but otherwise such a proceeding may be commenced as if the notice had not been given. PART 12—MISCELLANEOUS ˙ Non-disclosure of information by member of Council or committee, inspector or other officer 133. A person who is a member of the Council or a member of an industry workplace health and safety committee appointed for the purposes of this Act, an inspector or any other officer appointed for the purposes of this Act shall not disclose to any person any information that the person has acquired in the exercise of the person’s functions for the purpose of this Act except— (a) to a person or class of person authorised by the Minister or Director, either generally or specifically, to receive that information; or (b) in the course of carrying out the person’s approved duties; or

87 Workplace Health and Safety Act 1989 (c) to a lawfully constituted court or tribunal. ˙ Director may grant exemptions from regulations etc. 134.(1) The Director may by notification published in the Industrial Gazette, on conditions or unconditionally— (a) exempt any person or class of persons from compliance with, or any plant, substance or method of work or any class of plant, substance or method of work from the application, in whole or in part, of the regulations; or (b) vary, in whole or in part, the regulations so far as may apply to any such person, class of persons, substance or plant; if the Director is satisfied that— (c) compliance with the regulations in respect of the person or class of persons, plant, substance or method of work is not practicable; or (d) the security or safety of the plant, substance or method of work will not be adversely affected; or (e) the employer concerned has effected a health and safety management policy and training programs which in the opinion of the Director satisfy the intent of the regulations. (2) The Director may revoke or modify any exemption or variation granted or made under subsection (1) or the conditions attaching to any such exemption or variation. ˙ Director may set special standards 135.(1) For the purposes of this section— “dangerous situation” means the occurrence of an incident or the existence of a state of affairs that creates or is likely to create a danger of serious bodily injury to any person or a dangerous occurrence or a danger to public health and safety arising from workplace activities. (2) If at any time the Minister is of the opinion, on reasonable grounds, that a dangerous situation has arisen or is likely to arise within or near any workplace the Director, with the approval of the Minister, may set special

88 Workplace Health and Safety Act 1989 standards to apply in or near that workplace or in or near any class or classes of workplace to which that workplace, in the opinion of the Minister, belongs, in the State or in any area or areas of the State. (3) Special standards may be set under this section for the purpose of providing a remedy for any dangerous situation by prescribing methods of work or particular standards to be achieved in the circumstances in question or any method of operation in respect of any specified plant or a standard to be achieved in respect of that specified plant. (4) Special standards set under this section shall expire after a period of 1 year from the date of the publication of those standards in the Industrial Gazette and shall, on their expiry, cease to have force or effect. (5) The power of the Director to set special standards under this section includes the power, with the approval of the Minister, to amend or revoke such standards. (6) Special standards set under subsection (2) must be observed by persons in, on or about every workplace to which the special standards apply with a view to the protection of the health and safety of persons affected by the operation of any of those workplaces. (7) Every special standard set under this section is to be published in the Industrial Gazette and shall, on publication, until it expires or is sooner revoked— (a) be judicially noticed; and (b) be applicable to the same extent and have the same force as if it were a regulation made under this Act. (8) Where there is any inconsistency between a special standard set under this section and any existing standard, code of practice or regulation under this Act, the special standard shall prevail. (9) A person who contravenes a special standard set under this section commits an offence against this Act. ˙ Approved methods of work 136.(1) An employer or principal contractor may apply in writing to the Director for approval to carry out work by a method other than that prescribed.

89 Workplace Health and Safety Act 1989 (2) The Director may, if satisfied with the health and safety measures to apply in connection with the method of work proposed for approval under subsection (1), grant the approval and may subject the approval to such conditions as the Director thinks fit. (3) An employer or principal contractor shall not carry out, or cause to be carried out, work where the method by which the work is to be carried out is prescribed other than— (a) in accordance with the prescribed method; or (b) where the Director has upon the application made to the Director under subsection (1), approved another method, in accordance with that method and any conditions to which the grant of approval is subject. ˙ Regulations 137.(1) The Governor in Council may make regulations not inconsistent with this Act for or in respect of all matters and things that are required or permitted by or under this Act to be prescribed or that are, in the opinion of the Governor in Council, necessary or convenient for the administration of this Act, for achieving the objects of this Act or for carrying this Act into effect. (2) The power to regulate includes the power to prohibit. (3) Regulations may be made to apply generally throughout the State or within any locality of the State or with respect to any persons, class of persons, matter or things to apply generally or to be of such limited application as is indicated in the regulations. (3A) Regulations may be made so as to— (a) confine the application of certain regulations to; or (b) exclude or limit the application of all or certain of the regulations from; a particular industry or particular industries or to a class or classes of industries. (4) Without limiting the generality of subsection (1), the regulations— (a) may provide that, on conditions or unconditionally, persons,

90 Workplace Health and Safety Act 1989 matters or things, or a class of persons, matters or things may be exempted from the provisions of the regulations and for the revocation of any exemption or conditional exemption so granted; and (b) may adopt wholly or partly and specifically or by reference and with any alteration, amendment, modification or variation any of the standards, rules, codes, specifications or notices of any association, body or institution whether as in force at the time of adoption or as amended; and (c) may provide for the method of carrying out work and the rights, powers, duties and obligations and practices of persons in, on or about workplaces in respect of matters which might affect the health or safety of such persons or members of the public; and (d) may provide for the rights, powers, duties, obligations and practices of owners of projects, workplaces and plant, substances and things, and of owners, manufacturers, importers and suppliers of plant in respect of matters which might affect the health or safety of employees, persons other than employees or members of the public; and (e) may provide for the regulation by the Director of access to and movement on, or across the whole or part of workplaces, by persons or classes of persons or by vehicles or classes of vehicles, and for the powers of inspectors in relation to those matters; and (f) may provide for the regulation and control by the Director, by means of conspicuous and legible notices, fences or barriers, the access to and use of workplaces or any part of workplaces by persons and vehicles or any class or description of persons and vehicles, and for the powers of inspectors in relation to those matters; and (g) may provide for regulation and control of the use of plant and for the manufacture, storage, keeping, supply, use and production of substances; and (h) may provide for the rights, powers, duties, obligations and practices of owners, designers, manufacturers, importers, suppliers, erectors or installers of any plant of a kind specified in

91 Workplace Health and Safety Act 1989 the Schedule 3; and (i) may provide for categories of workplaces under and for the purposes of this Act and for regulating the work performed in workplaces; and (j) may provide for the regulation and control by the Director of applications for registrations and renewals of registration under this Act of all or any workplaces, and of all or any plant, including all or any plant specified under the Schedule 3; and (k) may prescribe the form of registers to be kept for the purposes of this Act, may prescribe the mode of effecting registrations under this Act, may prescribe the information of particulars to be entered in such registers and may provide for all or any matters considered necessary or desirable in relation to those registers; and (l) may provide for and regulate and control approvals to commence erection of buildings and the granting or issuing of certificates or other authorities under this Act and for the prescribing of conditions and restrictions subject to which such certificates and other authorities shall be granted or issued; and (m) may regulate and control the provision, alteration, replacement or dealing with amenities in any workplace, and provide for submission to the Director of the particulars, plans and specifications of such amenities, and may provide such provision, alteration, replacement or dealing be subject to prior approval; and (n) may provide for categories of employers, principal contractors, manufacturers, importers and suppliers under and for the purposes of this Act and for regulating the work performed by persons in any such category; and (o) may provide for the submission to the Director by the manufacturer of any plant, or any class or classes of plant, or by the person who installs any plant or both such manufacturer and installer, of details of any such plant, and may provide that the installation of any such plant be subject to prior approval or registration; and (p) may provide for categories of persons including children and young persons and may provide for the manner of employment

92 Workplace Health and Safety Act 1989 of any persons or category of persons; and (q) may provide for the fees, charges, allowances, costs and expenses payable or to be paid under and for the purposes of this Act and the fixing of them; matters and things in respect of which they are payable or to be paid; the circumstances in which the Director may waive those fees, charges, allowance, costs and expenses (the Director being then authorised to do so); methods of collection of them; manner, time and place of payment of them; persons by whom or to whom they are payable; and (r) may provide for the forms to be used for the purposes of this Act and the particular purposes for which those forms shall respectively be used; and (s) may provide for the penalties that may be imposed for contravention of the regulations not exceeding— (i) in the case of a body corporate—100 penalty units; or (ii) of a person other than a body corporate—30 penalty units; and (t) may provide for applications for and the grant and issue of permits, certificates or authorities under this Act and duplicates of them, eligibility of and the qualifications entitling persons to hold and the prohibitions against persons not qualified or eligible as prescribed from obtaining or holding such permits, certificates or authorities and the circumstances on which exemptions from such prohibitions may be granted; the terms, conditions or restrictions subject to which permits, certificates or authorities under this Act are granted or issued; the surrender, transfer, renewal, revocation, cancellation, suspension or endorsement of such permits, certificates or authorities; and (u) may provide for the practice and procedure upon all appeals instituted under this Act that are not otherwise prescribed, and provide for the award of costs in appeals and the recovery of such costs awarded; and (v) may provide for the qualifications, experience and duties of accredited officers and the standards to be met by persons examined by accredited officers; and

93 Workplace Health and Safety Act 1989 (w) may prescribe, provide for, regulate and control the examinations by which accredited officers qualify for accreditation, certificates of competency, permits or authorities to operate under this Act; the standards and times and places of and of all matters touching those examinations and the conduct and holding of them; and (x) may provide for regulating and controlling accredited persons for the maintenance, construction, testing or inspection of plant; and (y) may provide for the medical examination of employees including the collection of biological samples. ˙ Orders in council 138. Section 28A of the Acts Interpretation Act 1954 (Regulations) shall apply with respect to orders in council made for the purposes of this Act and, for the purposes of such application, that section shall be read and construed as if references to regulations were references to orders in council made for the purposes of this Act and references to the Gazette were references to the Industrial Gazette. ˙ Publication and tabling of proclamations 139. Every proclamation made under this Act shall— (a) be published in the Industrial Gazette; (b) be laid before the Legislative Assembly within 14 sitting days after such publication.

94 Workplace Health and Safety Act 1989 SCHEDULE 3 · SPECIFIED PLANT sections 24–25 Airconditioning units Amusement devices Cylinders within the ambit of Australian Standard 2030 Escalators Lifts

95 Workplace Health and Safety Act 1989 ENDNOTES ´ 1 Index to Endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 3 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 4 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 5 Table of renumbered provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 ´ 2 Date to which amendments incorporated This is the day mentioned in section 5(c) of the Reprints Act 1992 . Accordingly, this reprint includes all amendments that commenced operation before 1 August 1992. Future amendments of the Workplace Health and Safety Act 1989 may be made in accordance with this reprint because of section 49 of the Reprints Act 1992 . ´ 3 List of legislation Workplace Health and Safety Act 1989 No 63 date of assent 12 May 1989 ss 1–2 commenced on date of assent ss 6, 36–57 commenced 10 June 1989 (proc pubd Ind Gaz 10 June 1989 p 216) remaining provisions commenced 31 July 1989 (proc pubd Ind Gaz 29 July 1989 p 770) as amended by— Workplace Health and Safety Act and Other Acts Amendment Act 1990 No 94 Part 3 date of assent 7 December 1990 ss 1–2 commenced on date of assent ss 4, 7 commenced 13 May 1991 (see s 2(2)) remaining provisions commenced 22 December 1990 (proc pubd Ind Gaz 22 December 1990 p 1159) Statute Law (Miscellaneous Provisions) Act 1991 No 97 s 3 Sch 1 date of assent 17 December 1991 commenced on date of assent

96 Workplace Health and Safety Act 1989 ´ 4 List of annotations Key to abbreviations in list of annotations RA amd ins om renum sub Chap Pt hdg Div hdg Sdiv hdg hdg prec prov hdg cl orig pres = = = = = = = = = = = = = = = Reprints Act 1992 amended inserted omitted renumbered substituted Chapter Part heading Division heading Subdivision heading heading preceding provision heading clause original present Provisions not included in reprint, or amended by amendments not included in reprint, are underlined Application of Act s 4 amd 1990 No 94 ss 6, 7 Interpretation s 6 amd 1990 No 94 s 8 def “airconditioning unit” ins 1990 No 94 s 8(a)(i) amd 1991 No 97 s 3 Sch 1 def “amenities” sub 1990 No 94 s 8(a)(ii) def “Authority” om 1990 No 94 s 8(a)(iii) def “child” om 1990 No 94 s 8(a)(iv) def “Director” sub 1990 No 94 s 8(a)(v) def “industrial magistrate” om 1991 No 97 s 3 Sch 1 def “inspector” sub 1990 No 94 s 8(a)(vii) def “Minister” om 1991 No 97 s 3 Sch 1 def “personal protective equipment” ins 1991 No 97 s 3 Sch 1 def “plant” sub 1991 No 97 s 3 Sch 1 def “premises” sub 1991 No 97 s 3 Sch 1 def “project” sub 1990 No 94 s 8(a)(x) def “workplace” amd 1990 No 94 s 8(a)(xi) def “young person” om 1990 No 94 s 8(a)(xii) Objects of the Act s 7 amd 1990 No 94 s 9 Act not to apply in certain circumstances s 8 amd 1991 No 97 s 3 Sch 1 Employers to ensure health and safety of their employees s 9 amd 1990 No 94 s 10

97 Workplace Health and Safety Act 1989 Persons in control of workplaces etc. used by non-employees to ensure health and safety s 11 amd 1991 No 97 s 3 Sch 1 Duties of employees s 13 amd 1990 No 94 s 11 Principal contractor in respect of project s 18 amd 1991 No 97 s 3 Sch 1 Notification of serious bodily injury, work-related illness or dangerous occurrence to be given s 28 amd 1991 No 97 s 3 Sch 1 COUNCIL Pt 4 hdg amd 1990 No 94 s 12 Authority s 36 om 1990 No 94 s 13 Membership of the Council s 38 sub 1990 No 94 s 14 Vacation of office s 41 amd 1990 No 94 s 15 Appointment of deputy members s 43 amd 1990 No 94 s 16 Entitlements of members of Council s 45 amd 1990 No 94 s 17 Functions of Workplace Health and Safety Council s 46 amd 1990 No 94 s 18 Minister may establish committees s 47 amd 1990 No 94 s 19 Term of appointment of committee member s 50 amd 1990 No 94 s 20 Health and safety officers prov hdg sub 1991 No 97 s 3 Sch 1 s 58 amd 1990 No 94 s 21 Qualifications of health and safety officer s 61 amd 1990 No 94 s 22 Nomination or election of health and safety representative s 62 amd 1990 No 94 s 23 Annual report s 77 amd 1990 No 94 s 24 Powers of inspectors s 81 amd 1990 No 94 s 25

98 Workplace Health and Safety Act 1989 Inspector’s power of seizure s 84 amd 1990 No 94 s 26 Consequences of seizure s 85 amd 1990 No 94 s 27 Appeal against prohibition or seizure notice s 93 sub 1990 No 94 s 28 Order to secure compliance with notices etc. s 94 sub 1990 No 94 s 29 Appeals Tribunal s 95 amd 1990 No 94 s 30 Secretary to Appeals Tribunal s 102 sub 1990 No 94 s 31 Certificate, permit or authority required for work in certain occupations s 109 sub 1990 No 94 s 32 Proceedings in respect of offences s 120 amd 1990 No 94 s 33 Protection of persons administering Act prov hdg s 130 amd 1991 No 97 s 3 Sch 1 Facilitation of proof s 131 amd 1990 No 94 s 34 Director may grant exemptions from regulations etc. s 134 amd 1990 No 94 s 35 Director may set special standards s 135 sub 1990 No 94 s 36 Regulations s 137 amd 1990 No 94 s 37 PART 13—AMENDMENT OF FACTORIES AND SHOPS ACT 1960 Pt 13 (ss 140–154) om (see s 40 RA) REPEALED PROVISIONS Sch 1 om (see s 40 RA) SCHEDULE 2 om (see s 40 RA)

99 Workplace Health and Safety Act 1989 ´ 5 Table of renumbered provisions Original TABLE OF RENUMBERED PROVISIONS under section 43 of Reprints Act 1992 Renumbered as 33(2) (2nd sentence) 33(2A) (2nd sentence) 39(1) (2nd sentence) 43(2) (2nd sentence) 47(1) (2nd sentence) 47(2) (2nd sentence) 49(2) (2nd sentence) 58(2) (2nd sentence) 59(1) 71(2) (2nd sentence) 78 (1st sentence) 78 (2nd sentence) 79(1) (2nd sentence) 92(2) (2nd sentence) 95(2)(b)(ii)(C) 95(2)(b)(ii)(D) 95(2)(b)(iii)(E) 95(2)(b)(iii)(F) 101(1) (2nd sentence) 114(3) (2nd sentence) 120(1) (2nd sentence) 120(2) (2nd sentence) 122(1) (2nd sentence) 126 (1st sentence) 126 (2nd sentence) 127(1) (2nd sentence) 33(2A) 33(2B) 39(1A) 43(2A) 47(1A) 47(3) 49(2A) 58(2A) 59 71(2A) 78(1) 78(2) 79(1A) 92(2A) 95(2)(b)(ii)(A) 95(2)(b)(ii)(B) 95(2)(b)(iii)(A) 95(2)(b)(iii)(B) 101(1A) 114(3A) 120(1A) 120(2A) 122(1A) 126(1) 126(2) 127(1A)