Work Health and Safety Exemptions (Diving by members of the Australian Defence Force) (July 2014)

Work Health and Safety Exemptions (Diving by members of the Australian Defence Force)

(July 2014)

as amended

made under regulation 684 of the Work Health and Safety Regulations 2011

Compilation start date:   23 July 2014

Includes amendments up to: Work Health and Safety Exemptions (Diving by members of the Australian Defence Force)(July 2014) Amendment Notice

Prepared by Comcare

About this compilation

This compilation

This is a compilation of the Work Health and Safety Exemptions (Diving by members of the Australian Defence Force)(July 2014) as in force on 23 July 2014. It includes any commenced amendment affecting the legislation to that date.

This compilation was prepared on 8 October 2014.

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of each amended provision.

Uncommenced amendments

The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in the endnotes.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If a provision of the compiled law is affected by a modification that is in force, details are included in the endnotes.

Provisions ceasing to have effect

If a provision of the compiled law has expired or otherwise ceased to have effect in accordance with a provision of the law, details are included in the endnotes.

EXEMPTION DOCUMENT

1. Name 

This Instrument may be cited as the Work Health and Safety Exemptions (Diving by members of the Australian Defence Force) (July 2014).

NOTE: This Instrument is a legislative instrument within the meaning of the Legislative Instruments Act 2003 (see regulation 692(2) of the Work Health and Safety Regulations 2011).

2.             Applicant

These exemptions have been granted on the written application of the Commonwealth as represented by Department of Defence (Defence).

3.               Persons and class of persons to whom the exemptions apply

These exemptions apply to:

(a)        members of the ADF who carry out general diving work (ADF divers); and

(b)        members of the ADF who supervise general diving work (ADF dive supervisors).

4.             Work to which the exemptions apply

These exemptions apply to general diving work as defined by regulation 5 of the WHS Regulations.

5.             Circumstances in which the exemptions will apply

These exemptions apply where members of the ADF carry out, or supervise, general diving work. In these circumstances:

(a)            ADF divers and ADF dive supervisors are exempt from compliance with sub‑regulation 171(a) of the WHS Regulations; and

(b)            ADF dive supervisors are exempt from compliance with sub‑regulation 174(a) of the WHS Regulations.

The above exemptions are granted subject to the conditions stated at paragraph 7 below.

6.             Regulations to which the exemptions apply

These exemptions apply in relation to sub‑regulations 171(a) and 174(a) of the WHS Regulations.

7.             Conditions placed on the grant of the exemptions

These exemptions are granted on condition that:

(a)            ADF divers and ADF dive supervisors have satisfactorily completed training to a level at least equivalent to that provided by AS 2815.1—2008 (Training and certification of occupational divers, Part 1: Occupational SCUBA diver — Standard) with modifications to take into account that:

(i)               training in compression chamber diving and the conduct of a therapeutic recompression are not required;

(ii)             ADF divers and ADF dive supervisors do not train using diving gear or equipment not used by the ADF;

(iii)           training in effective working relationships is not required as part of diver training (because it is provided through general ADF training); and

(iv)          ADF divers and ADF dive supervisors who are Special Forces divers and Special Forces dive supervisors (‘ADF SF dive supervisors’) undertake SCUBA training for one (1) week, after which they train in re‑breather diving for a minimum of three (3) weeks.

(b)            ADF dive supervisors have satisfactorily completed training to a level at least equivalent to that provided by the units of competency in AS/NZS 2815.5:2013 (Training and certification of occupational divers, Part 5: Dive supervisor) covering:

(i)              management of diving illnesses and medical emergencies;

(ii)            risk management, planning and conduct of diving operations;

(iii)          plant, equipment and maintenance procedures;

(iv)         supervision of the use of tools in a dive operation (this training requirement will not apply to an ADF SF dive supervisor); and

(v)            supervision of on‑site chamber operations (this training requirement will not apply to an ADF SCUBA Air Supervisor, an ADF SF dive supervisor or an ADF dive supervisor who is an Army Work dive supervisor).

8.             Commencement date

This instrument commences on the day after it is registered on the Federal Register of Legislative Instruments.

9.             Expiration date

This instrument expires five years after taking effect, unless the expiration date is amended or the exemptions are cancelled under regulation 697 of the WHS Regulations.

Endnotes

Endnote 1—About the endnotes

The endnotes provide details of the history of this legislation and its provisions. The following endnotes are included in each compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnote 5—Uncommenced amendments

Endnote 6—Modifications

Endnote 7—Misdescribed amendments

Endnote 8—Miscellaneous

If there is no information under a particular endnote, the word “none” will appear in square brackets after the endnote heading.

Abbreviation key—Endnote 2

The abbreviation key in this endnote sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended the compiled law. The information includes commencement information for amending laws and details of application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision level. It also includes information about any provisions that have expired or otherwise ceased to have effect in accordance with a provision of the compiled law.

Uncommenced amendments—Endnote 5

The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in endnote 5.

Modifications—Endnote 6

If the compiled law is affected by a modification that is in force, details of the modification are included in endnote 6.

Misdescribed amendments—Endnote 7

An amendment is a misdescribed amendment if the effect of the amendment cannot be incorporated into the text of the compilation. Any misdescribed amendment is included in endnote 7.

Miscellaneous—Endnote 8

Endnote 8 includes any additional information that may be helpful for a reader of the compilation.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnote 5—Uncommenced amendments [none]

Endnote 6—Modifications [none]

Endnote 7—Misdescribed amendments [none]

Endnote 8—Miscellaneous [none]