Workplace Health and Safety Amendment Regulation (No. 1) 2010 (Qld)

Queensland Workplace Health and Safety Amendment Regulation (No. 1) 2010 Subordinate Legislation 2010 No. 228 made under the WorkplaceHealthandSafetyAct1995 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Amendment of s 153 (Meaning of competent person for other underwater diving work) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Insertion of new s 158 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 158 Competent person for s 153—person who is not an Australian citizen or permanent resident doing underwater diving work for a relevant organisation . . 2 5 Insertion of new pt 14, div 3, sdiv 2A . . . . . . . . . . . . . . . . . . . . . . 4 Subdivision 2A Prohibition relating to competent persons under section 158 159A Prohibition relating to competent persons under s 158 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 6 Amendment of s 173 (Recompression chamber and qualified operator) ...................................... 5 7 Amendment of s 178 (Count of all persons on board to be made and recorded) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 8 Amendment of s 353 (Rural industry exemption) . . . . . . . . . . . . . 5

Workplace Health and Safety Amendment Regulation (No. 1) 2010 [s 1] 1 Short title This regulation may be cited as the Workplace Health and Safety Amendment Regulation (No. 1) 2010 . 2 Regulation amended This regulation amends the WorkplaceHealthandSafetyRegulation 2008. 3 Amendment of s 153 (Meaning of competent person for other underwater diving work) (1) Section 153(1)— insert— ‘(e) section 158.’. (2) Section 153(2), ‘section 157 does’— omit, insert — ‘sections 157 and 158 do’. 4 Insertion of new s 158 Part 14, division 3, subdivision 1— insert— ‘158 Competent person for s 153—person who is not an Australian citizen or permanent resident doing underwater diving work for a relevant organisation ‘(1) For section 153, the person is someone who— (a) is not an Australian citizen or permanent resident; and (b) has done no underwater diving work in Queensland in the 6 months immediately before the underwater diving work is done; and (c) is doing the underwater diving work for a relevant organisation for— (i) genuine scientific research; or Page 2 2010 SL No. 228

Workplace Health and Safety Amendment Regulation (No. 1) 2010 [s 4] (ii) scientific management of natural resources; and Example of scientific management for subparagraph (ii) — scientific management of the Great Barrier Reef or fish stocks (d) has acquired through training, qualifications or experience the knowledge and skills mentioned in the elements of competency and performance criteria in AS 2815, parts 1 to 4 relevant to the underwater diving work; and (e) has spent at least 60 hours doing underwater diving, of which at least 8 hours 20 minutes were spent within a depth of 10m above or below the maximum depth at which the underwater diving work is being done; and (f) holds a letter (a letter of authorisation ) from a relevant organisation that— (i) contains the information mentioned in subsection (2); and (ii) is dated and signed by a person in the organisation who is authorised to sign the letter. ‘(2) The letter of authorisation must state the following— (a) the name of the relevant organisation; (b) the relevant organisation’s ABN, if any; (c) the relevant organisation’s ACN, if any; (d) the relevant organisation’s place of business; (e) the name of the person who is to do underwater diving work; (f) that the person is to do underwater diving work for the relevant organisation for— (i) genuine scientific research; or (ii) scientific management of natural resources; (g) the date the underwater diving work is to start and end; (h) the location of the underwater diving work; 2010 SL No. 228 Page 3

Workplace Health and Safety Amendment Regulation (No. 1) 2010 [s 5] (i) the tasks to be performed by the person during the underwater diving work; (j) that the relevant organisation is satisfied the person has acquired through training, qualifications or experience the knowledge and skills to do the underwater diving work in a safe way. ‘(3) In this section— permanent resident means the holder of a permanent visa as defined by the Migration Act 1958 (Cwlth), section 30(1). relevant organisation means an organisation involved in— (a) genuine scientific research; or (b) scientific management of natural resources. Note — However, see division 1, subdivision 2A (Prohibition relating to competent persons under section 158).’. 5 Insertion of new pt 14, div 3, sdiv 2A Part 14, after section 159— insert— ‘Subdivision 2A Prohibition relating to competent persons under section 158 ‘159A Prohibition relating to competent persons under s 158 ‘(1) A relevant person must not— (a) if the relevant person is a competent person under section 158—do underwater diving work in any of the circumstances mentioned in subsection (2); or (b) allow a worker who is a competent person under section 158 to do underwater diving work in any of the circumstances mentioned in subsection (2). ‘(2) The circumstances are that the diver will— Page 4 2010 SL No. 228

Workplace Health and Safety Amendment Regulation (No. 1) 2010 [s 6] (a) be at a depth of more than 30m; or (b) use a tool powered by anything other than a person; or (c) be doing work requiring a decompression stop; or (d) be at risk of being injured or trapped as a result of anyone’s use of mechanical lifting equipment or a buoyancy lifting device; or (e) be underneath something that would require the diver to move sideways, other than at an upwards angle, if the diver were to attempt to ascend. ‘(3) Subsection (1) is a workplace health and safety obligation for the Act.’. 6 Amendment of s 173 (Recompression chamber and qualified operator) Section 173(3)(a), ‘5 March 1999’— omit, insert— ‘31 August 2007’. 7 Amendment of s 178 (Count of all persons on board to be made and recorded) Section 178(2), editor’s note— omit, insert— ‘ Note — Under the ActsInterpretationAct1954 , writing includes any mode of representing or reproducing words in a visible form.’. 8 Amendment of s 353 (Rural industry exemption) Section 353(1), fourth dot point, from ‘until’ to ‘2010’— omit . 2010 SL No. 228 Page 5

Workplace Health and Safety Amendment Regulation (No. 1) 2010 ENDNOTES 1 Made by the Governor in Council on 26 August 2010. 2 Notified in the gazette on 27 August 2010. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Justice and Attorney-General. © State of Queensland 2010 Page 6 2010 SL No. 228