National Occupational Health and Safety Commission Regulations

Administered by Department of Employment and Workplace Relations

Legislation au F1996B01472 Regulations Not in force Legislative Instrument

Legislation content

National Occupational Health and Safety Commission Regulations

Statutory Rules 1986 No. 206 as amended

made under the

National Occupational Health and Safety Commission Act 1985

This compilation was prepared on 6 June 2003
taking into account amendments up to SR 1993 No. 42

Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra

Contents

 1 Citation [see Note 1] 

 2 Interpretation 

 3 Notice of declaration of national standard or code of practice 

 4 Publication of notice for purposes of subsection 38 (4) of the Act             

 5 Publication of advertisement for purposes of section 42 of the Act             

 6 Allowances to witnesses 

 7 Use of name Worksafe Australia

 8 Use of emblem 

Schedule 1 Allowances to witnesses at an inquiry 

Schedule 2 The emblem of the Commission 

Notes  

 

 

 

 

 

 

1 Citation [see Note 1]

  These Regulations may be cited as the National Occupational Health and Safety Commission Regulations.

2 Interpretation

  In these Regulations, the Act means the National Occupational Health and Safety Commission Act 1985.

3 Notice of declaration of national standard or code of practice

  The details of a national standard or code of practice required by subsection 38 (3) of the Act to be published are to be published in the Gazette.

4 Publication of notice for purposes of subsection 38 (4) of the Act

  A notice for the purposes of subsection 38 (4) of the Act shall be published in the Gazette.

5 Publication of advertisement for purposes of section 42 of the Act

  An advertisement for the purposes of section 42 of the Act shall be published:

 (a) in the Gazette; and

 (b) in a daily newspaper in each State and in the Australian Capital Territory, being a newspaper circulating throughout that State or Territory.

6 Allowances to witnesses

 (1) For the purposes of section 51 of the Act, the allowances set out in Schedule 1 are prescribed in respect of the travelling and other expenses of a person summoned to appear as a witness at an inquiry.

 (2) A reference in Schedule 1 to the High Court Rules is a reference to the High Court Rules as in force from time to time.

7 Use of name Worksafe Australia

 (1) The Commission may, in connection with the performance of its functions, operate under the name ‘Worksafe Australia’.

 (2) A person other than the Commission shall not assume or use the name ‘Worksafe Australia’, or any name so closely resembling that name as to be capable of being mistaken for it, in connection with any trade, business, calling, profession or undertaking or as the name or part of the name of any institution, premises, vehicle, vessel or craft.

 (3) Without limiting the generality of subregulation (2), a name shall, for the purposes of that subregulation, be deemed to have been assumed or used in connection with a trade, business, calling, profession or undertaking if:

 (a) it is used as the name or part of the name of any firm or company registered or incorporated in Australia; or

 (b) it is applied (whether as a trademark or otherwise) to any goods manufactured, produced, sold or offered for sale.

8 Use of emblem

 (1) In this regulation, emblem of the Commission means the emblem a representation of which is set out in Schedule 2, and includes that emblem in outline only or in any colour or combination of colours.

 (2) The Commission may, in connection with the performance of its functions, use the emblem of the Commission.

 (3) Except with the consent in writing of the Commission, a person other than the Commission shall not use in connection with any trade, business, calling, profession or undertaking or as, or as part of, the mark, emblem or other device of any institution, premises, vehicle, vessel or craft:

 (a) a mark, emblem or other device that is identical with the emblem of the Commission;

 (b) a mark, emblem or other device so closely resembling the emblem of the Commission as to be capable of being mistaken for the emblem; or

 (c) a mark, emblem or other device that is capable of being taken to be the emblem of the Commission.

 (4) Without limiting the generality of subregulation (3), a mark, emblem or other device shall, for the purposes of that subregulation, be deemed to have been used in connection with a trade, business, calling, profession or undertaking if:

 (a) it is used as, or as part of, the mark, emblem or other device of any firm or company; or

 (b) it is applied (whether as a trade mark or otherwise) to any goods manufactured, produced, sold or offered for sale.

Schedule 1 Allowances to witnesses at an inquiry

(regulation 6)

 

1. Person attending to give evidence because of that person’s professional, scientific or other special skill or knowledge — in respect of each day on which that person so attends, an amount of not less than the lesser amount specified in the High Court Rules in relation to expenses of witnesses possessing such skill or knowledge and not more than the greater amount so specified.

2. Person, other than a person referred to in Item 1, attending to give evidence:

 (a) in the case of a person remunerated by wages, salary or fees — such amount as is provided for in the High Court Rules in relation to expenses of witnesses so remunerated;

 (b) in any other case — such amount as is provided for in the High Court Rules in relation to expenses of witnesses generally.

3. Person attending to give expert evidence — in addition to any other amount payable to that person under Item 1 or 2, a reasonable amount for qualifying to give that evidence.

4. Any person attending to give evidence — such amount as is reasonable:

 (a) in respect of that person’s conveyance to and from the place at which that person so attends; and

 (b) if that person is required to be absent overnight from that person’s usual place of residence — for meals and accommodation.


Schedule 2 The emblem of the Commission

(subregulation 8 (1))

 

Notes to the National Occupational Health and Safety Commission Regulations

Note 1

The National Occupational Health and Safety Commission Regulations (in force under the National Occupational Health and Safety Commission Act 1985) as shown in this compilation comprise Statutory Rules 1986 No. 206 amended as indicated in the Tables below.

Table of Statutory Rules

Year and
number

Date of notification
in Gazette

Date of
commencement

Application, saving or
transitional provisions

1986 No. 206

8 Aug 1986

8 Aug 1986

 

1993 No. 42

7 Apr 1993

7 Apr 1993

—

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

R. 3.................

rs. 1993 No. 42

 

Overview

The National Occupational Health and Safety Commission Regulations, Statutory Rules 1986 No. 206, were enacted under the National Occupational Health and Safety Commission Act 1985 to provide for the administration of occupational health and safety standards across Australia. These regulations address the need for a cohesive framework to manage workplace safety and health, ensuring consistency and effectiveness in the implementation of national standards. The regulations establish procedures for the declaration and publication of national standards and codes of practice, the allowances to witnesses at inquiries, and the use of the name "Worksafe Australia" and its emblem. The policy objective is to enhance workplace safety and health outcomes by ensuring that all stakeholders adhere to nationally recognised standards and practices. The regulations were enacted by the Australian Parliament to provide a clear and enforceable framework for occupational health and safety across the nation. They were designed to streamline the process of developing, publishing, and enforcing national standards and codes of practice, thus ensuring that all employers and employees are aware of and comply with the required safety measures. The regulations also outline the allowances for witnesses attending inquiries, ensuring that those who contribute their expertise are appropriately compensated. Additionally, they protect the identity of the Commission by prohibiting others from using its name or emblem without consent.

Scope and Application

The National Occupational Health and Safety Commission Regulations, made under the National Occupational Health and Safety Commission Act 1985, outline the procedures and administrative details necessary for the effective operation of the National Occupational Health and Safety Commission. These Regulations apply to the Commission itself, governing its functions and the use of its name and emblem. They also establish allowances for witnesses appearing before the Commission, ensuring fair compensation for their time and expenses. The regulations extend across Australia, applying nationally as stipulated under the Act. Notably, the Regulations prohibit other entities from using the Commission's name or emblem, thereby protecting the Commission's identity and authority. While the primary focus is on administrative and operational aspects, the Regulations also provide for the publication of national standards, codes of practice, and public notices, ensuring transparency and accessibility of information related to occupational health and safety.

Key Provisions

The National Occupational Health and Safety Commission Regulations, made under the National Occupational Health and Safety Commission Act 1985, cover various operational details and requirements for the Commission. Section 3 mandates that the details of any national standard or code of practice declared by the Commission must be published in the Gazette, ensuring transparency and accessibility to stakeholders (section 3). Section 4 requires the publication of notices in the Gazette as stipulated in subsection 38(4) of the Act, thereby formalising the communication process regarding national standards or codes of practice (section 4). Section 5 directs that advertisements for the purposes of section 42 of the Act must be published both in the Gazette and in daily newspapers circulating in each state and the Australian Capital Territory, ensuring broad dissemination of relevant information (section 5). These Regulations impose specific obligations on the National Occupational Health and Safety Commission. The Commission is required to publish necessary details of national standards or codes of practice in the Gazette (section 3). Additionally, it must publish notices in the Gazette as per subsection 38(4) of the Act (section 4). The Commission is also mandated to disseminate advertisements through the Gazette and daily newspapers across states and the Australian Capital Territory as per section 42 of the Act (section 5). The Regulations also set allowances for witnesses appearing at inquiries, detailing specific amounts based on the nature of their expertise and remuneration (section 6). The Regulations stipulate penalties and consequences for non-compliance. Section 7(2) prohibits any person other than the Commission from assuming or using the name "Worksafe Australia" or any similar name that could be mistaken for it in any trade, business, calling, profession, or undertaking. Violation of this provision may lead to legal action. Similarly, section 8(3) prohibits the use of the Commission's emblem by others without consent, with potential legal repercussions for infringement. These provisions underscore the importance of maintaining the Commission’s distinctive identity and the integrity of its communications and operations.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.