Work Health and Safety (Managing Risks in Stevedoring) Code of Practice 2017

Administered by Department of Employment and Workplace Relations

Legislation au F2017L01588 In force Legislative Instrument

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EXPLANATORY STATEMENT

Work Health and Safety Act 2011

Issued by the Minister for Employment

Notice of a Disallowable Instrument

 Work Health and Safety (Managing Risks in Stevedoring) Code of Practice 2017

The purpose of the instrument to which this Explanatory Statement relates is to approve the Work Health and Safety (Managing Risks in Stevedoring) Code of Practice 2017 (the Stevedoring Code). The Stevedoring Code provides practical guidance to duty holders on meeting their obligations under the Work Health and Safety Act 2011 (the WHS Act) and the Work Health and Safety Regulations 2011 (the WHS Regulations).

The WHS Act and accompanying WHS Regulations provide the primary work health and safety legislation for the Commonwealth jurisdiction. They are based on model laws developed by Safe Work Australia (SWA) under the Intergovernmental Agreement for Regulatory and Operational Reform in Occupational Health and Safety.

Section 274 of the WHS Act provides that the Minister may approve codes of practice for the purposes of the WHS Act. Section 275 of the WHS Act provides that an approved code of practice is admissible in proceedings under the WHS Act as evidence of whether or not a duty or obligation under the WHS Act has been complied with. A court may have regard to the code of practice as evidence of what is known about a hazard or risk, risk assessment or risk control to which the code relates and may rely on the code in determining what is reasonably practicable in the circumstances to which the code relates.

The Code of Practice approved by this instrument is a model code of practice developed by SWA.

In accordance with paragraph 273B(1)(d) of WHS Act, this instrument is a legislative instrument within the meaning of the Legislation Act 2003.

Incorporated Documents

Subsection 274(3) of the WHS Act provides that approved codes of practice made under the WHS Act may apply, adopt or incorporate material from other documents in force at a particular time or from time to time. The Stevedoring Code references a number of other documents to provide guidance to readers about where to find additional information on particular hazards and risks. These include Marine Orders, codes of practice published by the International Labour Organization (ILO), and other model codes of practice and guidance material developed by SWA.

All incorporated documents in the Stevedoring Code are incorporated from time to time. This is because the documents are subject to revision as risk management processes evolve over time.

All incorporated documents may be accessed free of charge on various websites (see below). Most of the documents are specific to the stevedoring industry and should be well known by duty holders. Subsection 274(6) of the WHS Act also requires Comcare to ensure that a copy of each approved Code of Practice and each document applied, adopted or incorporated (to any extent) by an approved Code of Practice is available for inspection by members of the public without charge.

Marine Orders

Marine Orders are a form of delegated legislation that apply to certain Australian and foreign vessels. Marine Orders are available on the Australian Maritime Safety Authority website https://www.amsa.gov.au/ and are also registered on the Federal Register of Legislation https://www.legislation.gov.au/

Codes of Practice

The Stevedoring Code references a number of model codes of practice which are available on the SWA website http://www.safeworkaustralia.gov.au/sites/swa/model-whs-laws/model-cop/pages/model-cop

SWA guidance material

The Stevedoring Code also refers to a number of guides published by SWA. These documents are similar to codes of practice and provide detailed practical guidance to duty holders about how to manage specific hazards and risks. These materials are also available on the SWA website http://www.safeworkaustralia.gov.au/sites/swa/model-whs-laws/guidance/pages/guidance-material

ILO codes of practice

The Stevedoring Code refers readers to the ILO code of practice ‘Health and Safety in Ports’. This document was developed by the ILO to assist ILO constituents and all those responsible for or involved in the management, operation, maintenance and development of ports. ILO Codes can be accessed on the ILO website http://www.ilo.org/safework/info/standards-and-instruments/codes/lang--en/index.htm

Consultation

The Stevedoring Code has been the subject of extensive consultation with stakeholders over a number of years. Consultation has been undertaken with governments, industry, unions and the community through mechanisms including SWA’s Members, a Stevedoring Temporary Advisory Group and public consultations periods.

Regulation Impact Statement

The Decision- Regulation Impact Statement Model Code of Practice: Managing Risks in Stevedoring prepared by SWA addresses the regulatory impact of the Stevedoring Code approved by this instrument. The Decision Regulation Impact Statement may be accessed on the SWA website https://www.safeworkaustralia.gov.au/doc/decision-regulation-impact-statement-model-code-practice-managing-risks-stevedoring

Statement of Compatibility with Human Rights

A Statement of Compatibility with Human Rights has been completed for this Legislative Instrument, in accordance with the Human Rights (Parliamentary Scrutiny) Act 2011. The Statement’s assessment is that the instrument is compatible with human rights. A copy of the Statement is attached.

Ministerial Notification and Availability

In accordance with the WHS Act, the Minister has notified the approval of the Stevedoring Code in newspapers and copies of the Codes of Practice (and applied, adopted and incorporated documents) are available for inspection, without charge, at Comcare offices during normal business hours. Copies are also published on the Comcare website www.comcare.gov.au


ATTACHMENT

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Work Health and Safety (Managing Risks in Stevedoring) Code of Practice 2017

This Legislative Instrument is compatible with human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview

The Legislative Instrument to which this Human Rights Compatibility Statement relates approves a Code of Practice for Managing Risks in Stevedoring (the Stevedoring Code). The Stevedoring Code provides practical guidance to duty holders on meeting their obligations under the Work Health and Safety Act 2011 (the WHS Act) and the Work Health and Safety Regulations 2011 (the WHS Regulations).

The WHS Act and accompanying WHS Regulations provide the primary work health and safety legislation for the Commonwealth jurisdiction. They are based on model laws developed by Safe Work Australia under the Intergovernmental Agreement for Regulatory and Operational Reform in Occupational Health and Safety.

Section 274 of the WHS Act provides that the Minister may approve codes of practice for the purposes of the WHS Act. Section 275 of the WHS Act provides that an approved code of practice is admissible in proceedings under the WHS Act as evidence of whether or not a duty or obligation under the WHS Act has been complied with. A court may have regard to a code of practice as evidence of what is known about a hazard or risk, risk assessment or risk control to which the code relates and may rely on a code in determining what is reasonably practicable in the circumstances to which the code relates.

Human rights implications

Article 7 of the International Covenant on Economic, Social and Cultural Rights provides that everyone has the right to the ‘enjoyment of just and favourable conditions of work, which ensure, in particular…[s]afe and healthy working conditions’. The instrument promotes the right to safe and healthy working conditions by providing duty holders with industry specific practical guidance. The guidance will assist them to meet their obligations under the WHS Act and WHS regulations.

Conclusion

The instrument is compatible with human rights because it promotes the protection of human rights.

Minister for Employment, Senator the Hon Michaelia Cash

Overview

The Work Health and Safety (Managing Risks in Stevedoring) Code of Practice 2017 was introduced to provide practical guidance for duty holders in the stevedoring industry on how to comply with their obligations under the Work Health and Safety Act 2011 and the Work Health and Safety Regulations 2011. The purpose of this code is to assist in managing risks associated with stevedoring activities, thereby enhancing workplace safety and health. Enacted by the Minister for Employment, this code serves as an approved legislative instrument under the WHS Act and is designed to be admissible in legal proceedings as evidence of compliance with work health and safety duties. The policy objective is to ensure that duty holders in the stevedoring industry can effectively manage risks and thereby create a safer working environment, thereby aligning with international standards for occupational health and safety. The Stevedoring Code, approved by the Minister, references various other documents and codes, including Marine Orders, International Labour Organization codes, and Safe Work Australia materials, to provide comprehensive guidance. These incorporated documents are subject to periodic revision and are made available for public inspection free of charge. The extensive consultation process involving governments, industry, unions, and the community has shaped the content of this code to address the specific hazards and risks prevalent in the stevedoring industry. This legislative instrument is compatible with human rights, particularly the right to safe and healthy working conditions as outlined in the International Covenant on Economic, Social and Cultural Rights.

Scope and Application

The Work Health and Safety (Managing Risks in Stevedoring) Code of Practice 2017 provides practical guidance to duty holders within the stevedoring industry to meet their obligations under the Work Health and Safety Act 2011 and Work Health and Safety Regulations 2011. The Act and Regulations serve as the primary work health and safety legislation for the Commonwealth jurisdiction, and are based on model laws developed by Safe Work Australia under the Intergovernmental Agreement for Regulatory and Operational Reform in Occupational Health and Safety. The approved code of practice is admissible in proceedings under the WHS Act as evidence of compliance with duties and obligations, and may be relied upon by courts to determine what is reasonably practicable. The scope of the Stevedoring Code extends to all persons and entities involved in the stevedoring industry, including employers, employees, contractors, and self-employed persons. The Code references and incorporates other relevant documents to provide comprehensive guidance, and these incorporated documents are updated as risk management processes evolve over time. There are no stated exclusions, exemptions, or thresholds in the legislation itself, though subordinate instruments may provide further clarification or extension of application. The Minister for Employment has approved the Stevedoring Code and copies are available for inspection without charge at Comcare offices and online.

Key Provisions

The main operative sections of the Work Health and Safety (Managing Risks in Stevedoring) Code of Practice 2017 (Stevedoring Code) pertain to the approval and applicability of the Code under the Work Health and Safety Act 2011 (WHS Act). Section 274 of the WHS Act allows the Minister to approve codes of practice for the purposes of the Act, and Section 275 provides that an approved code of practice is admissible in court as evidence of compliance with duties or obligations under the WHS Act. The Stevedoring Code serves as practical guidance for duty holders, helping them to meet their obligations under the WHS Act and the Work Health and Safety Regulations 2011 (WHS Regulations). It applies to stevedoring operations and provides detailed instructions on managing risks in this specific industry. The Stevedoring Code imposes obligations on duty holders to follow the guidance provided within the Code to ensure safe and healthy working conditions in stevedoring operations. Duty holders must adhere to the risk management strategies and safety protocols outlined in the Code to comply with their statutory duties under the WHS Act and WHS Regulations. This includes implementing effective hazard identification and risk assessment processes, as well as adopting appropriate risk control measures. By following the Code, duty holders can demonstrate their commitment to maintaining a safe working environment and fulfilling their legal responsibilities. The WHS Act and WHS Regulations outline various offences, penalties, and consequences for breaches related to work health and safety. While the Stevedoring Code itself does not prescribe specific penalties, it serves as a benchmark for what is reasonably practicable in managing risks in stevedoring. Courts may consider the Code when determining compliance and may use it as evidence in legal proceedings. Failure to comply with the WHS Act and WHS Regulations can result in significant penalties, including fines and imprisonment for individuals and corporations. The maximum penalties vary depending on the nature and severity of the breach but can be substantial, reflecting the importance of maintaining safe working conditions. In summary, the Stevedoring Code plays a crucial role in guiding duty holders in managing risks specific to stevedoring operations. By providing practical guidance, the Code helps duty holders meet their obligations under the WHS Act and WHS Regulations, ensuring safe and healthy working conditions. While the Code does not impose specific penalties, its approval and use in legal proceedings underscore the importance of adhering to its recommendations. Non-compliance with the WHS Act and WHS Regulations can lead to significant legal consequences, highlighting the need for duty holders to take the Code seriously and implement its guidance effectively.

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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.