National Occupational Health and Safety Regulations (Amendment) 1993 No. 42
EXPLANATORY STATEMENT
Statutory Rules 1993 No. 42
(Issued by the Authority of the Minister for Industrial Relations)
National Occupational Health and Safety Commission Act 1985
National Occupational Health and Safety Regulations (Amendment)
Section 67 of the National Occupational Health and Safety Commission Act 1985 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.
Subsection 38(3) of the Act was amended by the Industrial Relations Legislation Amendment Act (No.2) 1992 to provide that the National Occupational Health and Safety Commission (the Commission) is to publish, in accordance with the National Occupational Health and Safety Commission Regulations (the Regulations), details on the title, objective and availability of national standards and codes of practice. Subsection 38(3) had previously required that national standards and codes were to be published in the prescribed manner.
Regulation 3 of the Regulations had previously provided that for the purposes of subsection 38(3) of the Act a standard or code was to be published in the Gazette.
Following the amendment to subsection 38(3) of the Act, regulation 3 was no longer consistent with that subsection. It has been amended to make it clear that it is the details required by subsection 38(3) of the Act, and not the full text of a standard or code, which is to be published in the Gazette.
Overview
The National Occupational Health and Safety Regulations (Amendment) 1993 No. 42 was enacted to address inconsistencies in the National Occupational Health and Safety Regulations as a result of legislative changes. This amendment was issued by the authority of the Minister for Industrial Relations and aligns the regulations with the updated requirements set forth in the National Occupational Health and Safety Commission Act 1985. The policy objective of these amendments is to ensure that the National Occupational Health and Safety Commission effectively publishes the necessary details of national standards and codes of practice in accordance with the legislative framework. This ensures that stakeholders have access to relevant information and that compliance with occupational health and safety regulations is both clear and efficient.
Scope and Application
The National Occupational Health and Safety Regulations (Amendment) 1993 No. 42 pertains to the regulation and amendment of occupational health and safety standards in Australia. The Act applies to all employers, employees, self-employed persons, and contractors across the nation, ensuring adherence to occupational health and safety standards in various industries. The geographical reach of this legislation is nationwide, ensuring uniformity and compliance with health and safety standards throughout the Commonwealth of Australia. The Regulations amend the National Occupational Health and Safety Regulations to align with the updated legislative framework established by the Industrial Relations Legislation Amendment Act (No. 2) 1992, particularly focusing on the publication of national standards and codes of practice. This ensures that the Commission publishes details, rather than the full text, of these standards and codes in the Gazette, thereby maintaining transparency and accessibility. Any exclusions or exemptions from the application of these Regulations are not explicitly detailed in the provided text, but they would typically be outlined in the subordinate instruments or further legislative texts.
Key Provisions
The main operative sections of the National Occupational Health and Safety Regulations (Amendment) 1993 No. 42 concern the publication of national standards and codes of practice by the National Occupational Health and Safety Commission (the Commission). Specifically, section 3 of the Regulations now specifies that it is the details of these standards and codes, including their title, objective, and availability, that must be published in the Gazette, aligning with the amended subsection 38(3) of the National Occupational Health and Safety Commission Act 1985. This change ensures that the information published is concise and focuses on key aspects of the standards and codes, rather than including their full text.
The obligations imposed by these Regulations on the Commission are clear and straightforward. The Commission must ensure that it publishes the necessary details of national standards and codes of practice in the Gazette, in accordance with the requirements set out in section 3. This means that the Commission has to provide information about the title, objective, and availability of each standard and code, making it easier for stakeholders to access and understand the requirements and guidance provided by the Commission. Failure to comply with this obligation could lead to issues in the dissemination of important health and safety information within the workplace.
There are no specific offences or penalties mentioned in the text regarding the breach of these Regulations. However, it is important to note that failure to comply with the requirements to publish the details of national standards and codes of practice could potentially lead to legal consequences if it results in non-compliance with broader occupational health and safety laws. Such non-compliance could, in turn, result in civil or criminal penalties as stipulated in the broader occupational health and safety legislation. While the specific penalties for breach of these Regulations are not detailed in this text, they could include fines, legal action, or other measures aimed at ensuring compliance with occupational health and safety standards.