{"id":"accident-compensation-occupational-health-and-safety-act-1996","name":"Accident Compensation (Occupational Health and Safety) Act 1996","slug":"accident-compensation-occupational-health-and-safety-act-1996","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":28663,"registerId":"vic-accident-compensation-occupational-health-and-safety-act-1996-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Accident Compensation (Occupational Health and Safety) Act 1996","content":"Version No. 002\nAccident Compensation (Occupational\nHealth and Safety) Act 1996\nNo. 13 of 1996\nVersion incorporating amendments as at 19 October 2007\nTABLE OF PROVISIONS\nSection Page\nPART 1—PRELIMINARY 1\n1 Purposes 1\n2 Commencement 1\nPART 2—AMENDMENTS TO THE ACCIDENT\nCOMPENSATION ACT 1985 3\nDivision 1—Amendments to the Accident Compensation Act 1985 3\n3 Principal Act 3\n4 Amendment of powers of Authority 3\n5 Amendment of Authority's objectives 3\n6 Amendment of section 20C 3\n7 Amendment of section 21 4\n8 Amendment of section 32 4\nDivision 2—Transitional provisions relating to staff 6\n9 Determination of staff to be transferred 6\n10 Transfer of staff 6\n11 Supreme Court—limitation of jurisdiction 7\nPART 3—AMENDMENTS TO THE DANGEROUS GOODS\nACT 1985 8\nDivision 1—Amendments to the Dangerous Goods Act 1985 8\n12 Principal Act 8\n13 Amendment of definitions 8\n14 Amendment of section 11 8\n15 Amendment of powers of delegation 9\n16 Section 16 repealed 9\n17 Amendment of section 17 9\n18 Amendment of section 40 9\ni\n\nSection Page\n19 Amendment of section 42 9\n20 Amendment of section 58 9\n21 New section 61 inserted 10\n61 Transfer of responsibilities 10\n22 Amendment of references to Director-General 12\n23 Statute law revision 14\nDivision 2—Transitional provisions 14\n24 Definitions 14\n25 Interpretation of Legislation Act 1984 not affected 15\n26 Superseded references to Minister and Director-General 15\n27 Proceedings in relation to Minister and Director-General 15\n28 Documents etc issued by Director-General 16\n29 Registers 17\n30 Inspectors deemed to be inspectors appointed by Authority 17\n31 Proceedings in relation to inspectors 18\n32 Documents etc issued by inspector 18\nPART 4—AMENDMENTS TO THE EQUIPMENT (PUBLIC\nSAFETY) ACT 1994 19\nDivision 1—Amendments to the Equipment (Public Safety)\nAct 1994 19\n33 Principal Act 19\n34 Definition inserted 19\n35 Amendment of section 12 19\n36 Amendment of section 13 19\n37 Amendment of section 28 19\n38 Amendment of section 29 20\n39 Amendment of section 33 20\n40 Amendment of section 36 20\n41 Amendment of Schedule 20\nDivision 2—Transitional provisions 21\n42 Definition 21\n43 Interpretation of Legislation Act 1984 not affected 21\n44 Superseded references 21\n45 Proceedings in relation to Minister 21\n46 Documents etc issued by Minister 22\n47 Inspectors deemed to be inspectors appointed by Authority 23\n48 Proceedings in relation to inspectors 23\n49 Documents etc issued by inspector 24\nii\n\nSection Page\nPART 5—AMENDMENTS TO THE OCCUPATIONAL\nHEALTH AND SAFETY ACT 1985 25\nDivision 1—Amendments to the Occupational Health and Safety\nAct 1985 25\n50 Principal Act 25\n51 Definition inserted 25\n52 Amendment of section 8 25\n53 Amendments relating to obtaining information 25\n54 Amendments relating to designated work groups and health\nand safety representatives 26\n55 Amendment of section 38 26\n56 Amendment of section 39 27\n57 Amendments relating to proceedings for offences 27\n58 Amendment of section 50 27\n59 Amendment of section 55 27\n60 Amendments relating to regulations 27\n61 New section 60 inserted 28\n60 Transfer of responsibilities 28\nDivision 2—Transitional provisions 31\n62 Definitions 31\n63 Interpretation of Legislation Act 1984 not affected 32\n64 Superseded references 32\n65 Proceedings in relation to the Minister 33\n66 Documents etc. issued by Minister, Secretary and Department 33\n67 Information under section 9 34\n68 Inspectors deemed to be inspectors appointed by Authority 34\n69 Proceedings in relation to inspectors 35\n70 Documents etc issued by inspector 35\n═══════════════\nENDNOTES 36\n1. General Information 36\n2. Table of Amendments 37\n3. Explanatory Details 38\niii\n\nVersion No. 002\nAccident Compensation (Occupational\nHealth and Safety) Act 1996\nNo. 13 of 1996\nVersion incorporating amendments as at 19 October 2007\nThe Parliament of Victoria enacts as follows:\nPART 1—PRELIMINARY\n1 Purposes\nThe main purposes of this Act are—\n(a) to transfer various responsibilities in relation\nto the administration of the Dangerous\nGoods Act 1985, the Equipment (Public\nSafety) Act 1994 and the Occupational\nHealth and Safety Act 1985 to the\nVictorian WorkCover Authority; and\n(b) to provide for the transfer of staff involved in\nadministering those Acts to the Victorian\nWorkCover Authority; and\n(c) to amend the Accident Compensation Act\n1985, the Dangerous Goods Act 1985, the\nEquipment (Public Safety) Act 1994 and\nthe Occupational Health and Safety Act\n1985.\n2 Commencement\n(1) This Part and section 9 come into operation on the\nday on which this Act receives the Royal Assent.\n(2) Subject to subsection (2), the remaining\nprovisions of this Act come into operation on a\nday to be proclaimed.\n1\n\nPart 1—Preliminary\nAccident Compensation (Occupational Health and Safety) Act 1996\nNo. 13 of 1996\ns. 2\n(3) If a provision referred to in subsection (2) does\nnot come into operation within a period of\n6 months beginning on and including the day on\nwhich this Act receives the Royal Assent, it comes\ninto operation on the first day after the end of that\nperiod.\n(4) The day fixed by proclamation for the\ncommencement of the remaining provisions of\nthis Act is 2 July 1996.\nS. 2(4)\ninserted by\nNo. 60/1996\ns. 33.\n_______________\n2\n\nPart 2—Amendments to the Accident Compensation Act 1985\nAccident Compensation (Occupational Health and Safety) Act 1996\nNo. 13 of 1996\ns. 3\nPART 2—AMENDMENTS TO THE ACCIDENT\nCOMPENSATION ACT 1985\nDivision 1—Amendments to the Accident Compensation Act\n1985\n3 Principal Act\nIn this Part the Accident Compensation Act 1985\nis called the Principal Act.\nAct No. 10191.\nReprinted to\nNo. 42/1995\nand\nsubsequently\namended by\nNos 85/1995,\n98/1995 and\n100/1995.\n4 Amendment of powers of Authority\nIn section 18(2) of the Principal Act—\n(a) in paragraph (d), after \"under this Act\"\ninsert \"or any other Act\"; and\n(b) in paragraph (e), after \"under this Act\" insert\n\"or any other Act\".\n5 Amendment of Authority's objectives\nIn section 19(b) of the Principal Act, after\n\"the Workers Compensation Act 1958\" insert\n\", the Occupational Health and Safety Act 1985,\nthe Equipment (Public Safety) Act 1994, the\nDangerous Goods Act 1985\".\n6 Amendment of section 20C\nIn section 20C(1) of the Principal Act, for \"or the\nAccident Compensation (WorkCover\nInsurance) Act 1993\" substitute \", the Accident\nCompensation (WorkCover Insurance) Act\n1993, the Occupational Health and Safety Act\n1985, the Equipment (Public Safety) Act 1994,\nthe Dangerous Goods Act 1985, the Mines Act\n3\n\nPart 2—Amendments to the Accident Compensation Act 1985\nAccident Compensation (Occupational Health and Safety) Act 1996\nNo. 13 of 1996\ns. 7\n1958 and the Road Transport (Dangerous\nGoods) Act 1995\".\n7 Amendment of section 21\nAfter section 21(9) of the Principal Act insert—\n\"(10) A delegation must not be made under this\nsection to any person, other than an officer or\nemployee of the Authority, in respect of any\npower, function, authority or discretion to\nwhich section 14 of the Dangerous Goods\nAct 1985 applies.\".\n8 Amendment of section 32\n(1) After section 32(3)(b) of the Principal Act\ninsert—\n\"(ba) any amount—\n(i) recovered as a penalty for an offence\nagainst the Occupational Health and\nSafety Act 1985, the Equipment\n(Public Safety) Act 1994, the\nDangerous Goods Act 1985, the\nMines Act 1958 or the Road\nTransport (Dangerous Goods) Act\n1995 or the regulations made under any\nof those Acts if the proceedings were\nbrought by or on behalf of the\nAuthority or by an inspector appointed\nby the Authority under any of those\nActs; or\n(ii) received as payment for a penalty for\nan offence against any of the Acts\nspecified in subparagraph (i) or the\nregulations made under any of those\nActs for which an infringement notice\nhas been issued;\n4\n\nPart 2—Amendments to the Accident Compensation Act 1985\nAccident Compensation (Occupational Health and Safety) Act 1996\nNo. 13 of 1996\ns. 8\n(bb) any fee payable under—\n(i) the Occupational Health and Safety\nAct 1985 or the Equipment (Public\nSafety) Act 1994 or regulations made\nunder either of those Acts, unless the\nregulations made under either of those\nActs provide that those fees are\notherwise payable; and\n(ii) the Dangerous Goods Act 1985 or the\nRoad Transport (Dangerous Goods)\nAct 1995 and the regulations made\nunder those Acts;\n(bc) any amount certified by the Treasurer, after\nconsultation with the Minister, as a\ncontribution from the Consolidated Fund to\nthe costs and expenses of or incidental to the\nadministration by the Authority of the\nOccupational Health and Safety Act 1985,\nthe Equipment (Public Safety) Act 1994,\nthe Dangerous Goods Act 1985, the Mines\nAct 1958 and the Road Transport\n(Dangerous Goods) Act 1995;\".\n(2) In section 32(4) of the Principal Act—\n(a) in paragraph (a), after \"other Act\" insert\n\"or any regulation made under this or any\nother Act\";\n(b) paragraph (c) is repealed.\n(3) In section 32(7) of the Principal Act, after\n\"this Act\" insert \"or any other Act\".\n5\n\nPart 2—Amendments to the Accident Compensation Act 1985\nAccident Compensation (Occupational Health and Safety) Act 1996\nNo. 13 of 1996\ns. 9\nDivision 2—Transitional provisions relating to staff\n9 Determination of staff to be transferred\nThe Minister administering the Principal Act must\ndesignate in writing the officers and employees of\nthe public service who are employed in the\nadministration and enforcement of the\nOccupational Health and Safety Act 1985, the\nDangerous Goods Act 1985 or the Equipment\n(Public Safety) Act 1994 who are to become\nofficers and employees of the Authority under\nsection 10.\n10 Transfer of staff\n(1) On and from the commencement of this section,\nany officer or employee designated under\nsection 9—\n(a) is deemed to have been appointed by the\nAuthority under section 22 of the Principal\nAct; and\n(b) is entitled to remuneration, terms and\nconditions determined by the Minister\nadministering the Principal Act to be no less\nfavourable than those which he or she\nreceived or was entitled to receive\nimmediately before that commencement as\nsuch an officer or employee; and\n(c) retains any entitlement to long service leave,\nannual leave, sick leave or maternity leave\naccrued or accruing to that person\nimmediately before that commencement; and\n(d) ceases to be an officer or employee of the\npublic service.\n(2) Section 22(3) of the Principal Act applies to a\nperson deemed under subsection (1) to have been\nappointed by the Authority.\n6\n\nPart 2—Amendments to the Accident Compensation Act 1985\nAccident Compensation (Occupational Health and Safety) Act 1996\nNo. 13 of 1996\ns. 11\n(3) A person is not entitled to any compensation as a\nresult of the person ceasing to be an officer or\nemployee of the public service by virtue of this\nsection.\n11 Supreme Court—limitation of jurisdiction\nIt is the intention of section 10(3) to alter or vary\nsection 85 of the Constitution Act 1975.\n_______________\n7\n\nPart 3—Amendments to the Dangerous Goods Act 1985\nAccident Compensation (Occupational Health and Safety) Act 1996\nNo. 13 of 1996\ns. 12\nPART 3—AMENDMENTS TO THE DANGEROUS GOODS\nACT 1985\nDivision 1—Amendments to the Dangerous Goods Act 1985\n12 Principal Act\nIn this Part the Dangerous Goods Act 1985 is\ncalled the Principal Act.\nAct No. 10189.\nReprinted to\nNo. 31/1995\nand\nsubsequently\namended by\nNos 67/1995,\n78/1995 and\n82/1995.\n13 Amendment of definitions\nIn section 3(1) of the Principal Act—\n(a) insert—\n\"Authority means the Victorian WorkCover\nAuthority established under section 18\nof the Accident Compensation Act\n1985;\";\n(b) the definition of Director-General is\nrepealed.\n14 Amendment of section 11\nIn section 11 of the Principal Act—\n(a) in subsection (1)—\n(i) for \"Minister\" substitute \"Authority\";\nand\n(ii) for \"public service\" substitute\n\"Authority\";\n(b) in subsection (2), for \"Minister\" substitute\n\"Authority\";\n(c) in subsection (3), for \"Director-General\"\nsubstitute \"Authority\".\n8\n\nPart 3—Amendments to the Dangerous Goods Act 1985\nAccident Compensation (Occupational Health and Safety) Act 1996\nNo. 13 of 1996\ns. 15\n15 Amendment of powers of delegation\nIn section 14 of the Principal Act, for\n\"Director-General\" (wherever occurring),\nsubstitute \"Authority\".\n16 Section 16 repealed\nSection 16 of the Principal Act is repealed.\n17 Amendment of section 17\nAfter section 17(6) of the Principal Act insert—\n\"(7) An inspector is authorised to take affidavits\nfor any purpose relating to or incidental to\nthe exercise of the inspector's powers,\nauthorities or discretions or the discharge of\nthe inspector's functions.\".\n18 Amendment of section 40\n(1) In section 40(1) of the Principal Act, for\n\"Minister\" substitute \"Authority\".\n(2) In section 40(2) of the Principal Act, for\n\"to inspectors,\" substitute \"to the Authority, to\ninspectors\".\n19 Amendment of section 42\n(1) In section 42 of the Principal Act—\n(a) for \"Director-General\" (where first\noccurring) substitute \"Chief Executive of\nthe Authority\"; and\n(b) for \"Director-General\" (where secondly\noccurring) substitute \"Chief Executive\".\n(2) In section 42(b) and (c) of the Principal Act, for\n\"Director-General\" (wherever occurring)\nsubstitute \"Authority\".\n20 Amendment of section 58\nIn section 58(2) of the Principal Act, for \"his or\nher Department\" substitute \"the Authority\".\n9\n\nPart 3—Amendments to the Dangerous Goods Act 1985\nAccident Compensation (Occupational Health and Safety) Act 1996\nNo. 13 of 1996\ns. 21\n21 New section 61 inserted\nAfter section 60 of the Principal Act insert—\n\"61 Transfer of responsibilities\n(1) In this section—\nrelevant Director-General means the\nSecretary to the Department of Energy\nand Minerals, the Secretary to the\nDepartment of Agriculture, Energy and\nMinerals or the Secretary to the\nDepartment of Natural Resources and\nEnvironment;\nrelevant Minister means the Minister for the\ntime being administering the\nPetroleum (Submerged Lands) Act\n1982.\n(2) Despite anything to the contrary in this Act,\nthe relevant Minister has direct and primary\nconcern and responsibility for the\nadministration of this Act and may exercise\nfor that purpose all the powers and functions\nof the Minister or the Authority under this\nAct or the regulations with respect to\nactivities carried out under—\n(a) the Petroleum (Submerged Lands) Act\n1967 of the Commonwealth; and\n(b) the Petroleum (Submerged Lands)\nAct 1982.\n(3) For the purposes of subsection (2) and only\nfor those purposes, this Act applies as if—\n(a) any reference in any other section of\nthis Act or the regulations to the\nMinister or to the Authority (including\nany reference deemed to be a reference\nto the Authority) or to the relevant\n10\n\nPart 3—Amendments to the Dangerous Goods Act 1985\nAccident Compensation (Occupational Health and Safety) Act 1996\nNo. 13 of 1996\ns. 21\nDirector-General were a reference to\nthe relevant Minister; and\n(b) any reference in any other section of\nthis Act or the regulations to an officer\nor employee of the Authority were a\nreference to an officer or employee of\nthe public service.\n(4) Subsection (2) does not apply to any power\nor function or responsibility of the Minister\nrelating to codes of practice or the making of\nregulations.\n(5) On and after the commencement of\nsection 21 of the Accident Compensation\n(Occupational Health and Safety) Act\n1996—\n(a) any delegation or other instrument or\nother document made, issued or given\nunder this Act or the regulations before\nthat commencement by the relevant\nDirector-General is deemed to have\nbeen made, issued or given by the\nrelevant Minister;\n(b) any action taken or decision made\nunder this Act or the regulations before\nthat commencement by the relevant\nDirector-General is deemed to have\nbeen taken or made by the relevant\nMinister;\n(c) any application made or notification\ngiven to the relevant Director-General\nunder this Act or the regulations before\nthat commencement is deemed to be an\napplication made or notification given\nto the relevant Minister;\n11\n\nPart 3—Amendments to the Dangerous Goods Act 1985\nAccident Compensation (Occupational Health and Safety) Act 1996\nNo. 13 of 1996\ns. 22\n(d) the relevant Minister may continue and\ncomplete any other continuing matter\nor thing commenced by or against the\nrelevant Director-General under this\nAct or the regulations and existing\nimmediately before that\ncommencement.\n(6) Nothing in this section or any other section\nof this Act affects the appointment of or any\nnotice given by or proceedings begun under\nthis Act or the regulations by or against or in\nrelation to an inspector appointed by the\nrelevant Minister before the commencement\nof section 21 of the Accident Compensation\n(Occupational Health and Safety) Act\n1996.\".\n22 Amendment of references to Director-General\nIn the Principal Act—\n(a) in section 10(2), for \"Director-General\"\nsubstitute \"Authority\";\n(b) in section 10A(1), for \"Director-General\"\n(where twice occurring) substitute\n\"Authority\";\n(c) in section 13(1), for \"Director-General\"\nsubstitute \"Authority\";\n(d) in section 15, for \"Director-General\"\nsubstitute \"Authority\";\n(e) in section 17A(1), for \"Director-General\"\nsubstitute \"Authority\";\n(f) in section 18, for \"Director-General\"\n(wherever occurring) substitute \"Authority\";\n(g) in section 21, for \"Director-General\"\n(wherever occurring) substitute \"Authority\";\n12\n\nPart 3—Amendments to the Dangerous Goods Act 1985\nAccident Compensation (Occupational Health and Safety) Act 1996\nNo. 13 of 1996\ns. 22\n(h) in section 22, for \"Director-General\" (where\ntwice occurring) substitute \"Authority\";\n(i) in section 23, for \"Director-General\"\n(wherever occurring) substitute \"Authority\";\n(j) in section 24, for \"Director-General\"\n(wherever occurring) substitute \"Authority\";\n(k) in section 25, for \"Director-General\" (where\ntwice occurring) substitute \"Authority\";\n(l) in section 26, for \"Director-General\"\nsubstitute \"Authority\";\n(m) in section 27, for \"Director-General\" (where\ntwice occurring) substitute \"Authority\";\n(n) in section 28, for \"Director-General\" (where\ntwice occurring) substitute \"Authority\";\n(o) in section 29, for \"Director-General\"\nsubstitute \"Authority\";\n(p) in section 33, for \"Director-General\" (where\ntwice occurring) substitute \"Authority\";\n(q) in section 48(2), for \"Director-General\"\nsubstitute \"Authority\";\n(r) in section 51, for \"Director-General\" (where\ntwice occurring) substitute \"Authority\";\n(s) in section 54—\n(i) for \"Director-General\" (where twice\noccurring) substitute \"Authority\"; and\n(ii) in subsection (5), for\n\"Director-General's\" substitute\n\"Authority's\";\n(t) in Schedule 2—\n(i) in clause 23, for \"Director-General\"\nsubstitute \"Authority\"; and\n13\n\nPart 3—Amendments to the Dangerous Goods Act 1985\nAccident Compensation (Occupational Health and Safety) Act 1996\nNo. 13 of 1996\ns. 23\n(ii) in clause 26, for \"Director-General\"\nsubstitute \"Authority\".\n23 Statute law revision\nIn the Principal Act—\n(a) in section 9(e), omit \"applies\" where\nsecondly occurring;\n(b) in section 20(1)—\n(i) for \"(a)\" (where secondly occurring)\nsubstitute \"(h)\"; and\n(ii) for \"(b)\" (where secondly occurring)\nsubstitute \"(i)\";\n(c) in section 45A(a)(ii), for \"of both\" substitute\n\"or both\".\nDivision 2—Transitional provisions\n24 Definitions\nIn this Division—\nDirector-General has the same meaning as it has\nin the Principal Act as in force at any time\nbefore the commencement of Division 1 of\nthis Part, having regard to any Order made\nunder the Administrative Arrangements\nAct 1983 but does not include the relevant\nDirector-General within the meaning of\nsection 61 of the Principal Act;\nformer inspector means an inspector appointed\nunder section 11 of the Principal Act as in\nforce immediately before the commencement\nof Division 1 of this Part but does not\ninclude an inspector appointed by the\nrelevant Minister within the meaning of\nsection 61 of the Principal Act;\n14\n\nPart 3—Amendments to the Dangerous Goods Act 1985\nAccident Compensation (Occupational Health and Safety) Act 1996\nNo. 13 of 1996\ns. 25\nMinister does not include the relevant Minister\nwithin the meaning of section 61 of the\nPrincipal Act.\n25 Interpretation of Legislation Act 1984 not affected\nNothing in this Division affects or takes away\nfrom the Interpretation of Legislation Act 1984.\n26 Superseded references to Minister and\nDirector-General\n(1) On the commencement of this section, a reference\nin the regulations made under the Principal Act or\nany instrument or other document made, issued,\nserved or given under the Principal Act or the\nregulations made under that Act—\n(a) to the Minister is deemed to be a reference to\nthe Authority; and\n(b) to the Director-General is deemed to be a\nreference to the Authority.\n(2) Subsection (1) does not apply to—\n(a) any guidelines issued by the Minister under\nsection 40(2) of the Principal Act; or\n(b) any code of practice approved by the\nMinister or notice caused to be published by\nthe Minister under section 56 of the Principal\nAct.\n27 Proceedings in relation to Minister and\nDirector-General\n(1) On the commencement of this section, the\nAuthority is substituted for the Minister or the\nDirector-General as a party in any proceedings\ncommenced or made by or against or in relation to\nthe Minister or the Director-General under the\nPrincipal Act or the regulations made under that\nAct and existing immediately before that\ncommencement.\n15\n\nPart 3—Amendments to the Dangerous Goods Act 1985\nAccident Compensation (Occupational Health and Safety) Act 1996\nNo. 13 of 1996\ns. 28\n(2) On the commencement of this section, any\napplication made or notification given to the\nDirector-General under the Principal Act or the\nregulations made under that Act before that\ncommencement is deemed to be an application\nmade or notification given to the Authority.\n(3) On and after the commencement of this section,\nthe Authority may continue and complete any\nother continuing matter or thing commenced by or\nagainst or in relation to the Director-General\nunder the Principal Act or the regulations made\nunder that Act and existing immediately before\nthat commencement.\n28 Documents etc issued by Director-General\n(1) On and after the commencement of this section—\n(a) any notice, licence, certificate, requirement,\nrequest, direction, determination, declaration,\nspecification, registration, authorisation,\nendorsement, waiver, approval, delegation,\ncondition, consent, exemption or other\ninstrument or document issued, served, made\nor given under the Principal Act or the\nregulations made under the Principal Act by\nthe Director-General or the Minister is\ndeemed to have been issued, served, made or\ngiven by the Authority; and\n(b) any action taken or decision made under the\nPrincipal Act or the regulations made under\nthe Principal Act by the Director-General or\nthe Minister is deemed to have been taken or\nmade by the Authority.\n(2) This section does not apply to —\n(a) any guidelines issued by the Minister under\nsection 40(2) of the Principal Act; or\n16\n\nPart 3—Amendments to the Dangerous Goods Act 1985\nAccident Compensation (Occupational Health and Safety) Act 1996\nNo. 13 of 1996\ns. 29\n(b) any code of practice approved by the\nMinister or notice caused to be published by\nthe Minister under section 56 of the Principal\nAct.\n29 Registers\n(1) On the commencement of this section, the register\nestablished by the Director-General under\nsection 54 of the Principal Act is deemed to be the\nregister established under that section by the\nAuthority.\n(2) On the commencement of this section, any other\nregister established by the Director-General under\nthe Principal Act or the regulations made under\nthat Act is deemed to be a register established by\nthe Authority.\n30 Inspectors deemed to be inspectors appointed by\nAuthority\nOn and after the commencement of this section—\n(a) each former inspector holding office\nimmediately before that commencement is\ndeemed to be an inspector appointed by the\nAuthority under section 11 of the Principal\nAct as amended by Division 1 of this Part;\nand\n(b) a certificate of appointment furnished by the\nMinister under section 11 of the Principal\nAct in respect of the appointment of a former\ninspector is deemed to be a certificate of\nappointment furnished by the Authority\nunder section 11 as amended by Division 1\nof this Part; and\n(c) an identification card issued to a former\ninspector by the Director-General under\nsection 13 of the Principal Act is deemed to\nbe an identification card issued to an\n17\n\nPart 3—Amendments to the Dangerous Goods Act 1985\nAccident Compensation (Occupational Health and Safety) Act 1996\nNo. 13 of 1996\ns. 31\ninspector by the Authority under that section\nas amended by Division 1 of this Part.\n31 Proceedings in relation to inspectors\nOn and after the commencement of this section,\nan inspector appointed by the Authority may\ncontinue and complete any proceedings under the\nPrincipal Act or the regulations made under that\nAct commenced or made by or against or in\nrelation to a former inspector and existing\nimmediately before that commencement.\n32 Documents etc issued by inspector\nOn and after the commencement of this section—\n(a) any notice, direction, authorisation, request,\nrequirement, prohibition, exemption,\napproval, permission or other instrument or\ndocument issued, served, made or given by a\nformer inspector under the Principal Act or\nthe regulations made under that Act is\ndeemed to have been issued, served, made or\ngiven by an inspector appointed by the\nAuthority; and\n(b) any action taken or decision made under the\nPrincipal Act or the regulations made under\nthat Act by a former inspector is deemed to\nhave been taken or made by an inspector\nappointed by the Authority.\n_______________\n18\n\nPart 4—Amendments to the Equipment (Public Safety) Act 1994\nAccident Compensation (Occupational Health and Safety) Act 1996\nNo. 13 of 1996\ns. 33\nPART 4—AMENDMENTS TO THE EQUIPMENT (PUBLIC\nSAFETY) ACT 1994\nDivision 1—Amendments to the Equipment (Public Safety)\nAct 1994\n33 Principal Act\nIn this Part the Equipment (Public Safety) Act\n1994 is called the Principal Act.\nAct No.\n21/1994.\n34 Definition inserted\nIn section 3(1) of the Principal Act, insert—\n\"Authority means the Victorian WorkCover\nAuthority established under section 18 of the\nAccident Compensation Act 1985;\".\n35 Amendment of section 12\n(1) In section 12 of the Principal Act, for \"Minister\"\n(wherever occurring) substitute \"Authority\".\n(2) In section 12(1) of the Principal Act, for \"public\nservice\" substitute \"Authority\".\n36 Amendment of section 13\nAfter section 13(2) of the Principal Act insert—\n\"(3) An inspector is authorised to take affidavits\nfor any purpose relating to or incidental to\nthe exercise of the inspector's powers or the\nperformance of the inspector's duties.\".\n37 Amendment of section 28\nIn section 28 of the Principal Act—\n(a) in subsection (1), for \"Minister\" substitute\n\"Authority\";\n(b) in subsection (2), for \"Minister\" substitute\n\"Authority\";\n19\n\nPart 4—Amendments to the Equipment (Public Safety) Act 1994\nAccident Compensation (Occupational Health and Safety) Act 1996\nNo. 13 of 1996\ns. 38\n(c) in subsection (5) after \"must issue\" insert\n\"to the Authority and\".\n38 Amendment of section 29\nIn section 29 of the Principal Act—\n(a) for \"the Secretary to the Department of\nBusiness and Employment\" substitute\n\"the Chief Executive of the Authority\";\n(b) for \"the Secretary\" (where secondly\noccurring) substitute \"the Chief Executive\nof the Authority\".\n39 Amendment of section 33\nIn section 33(5) of the Principal Act, for\n\"Department of Business and Employment\"\nsubstitute \"Authority\".\n40 Amendment of section 36\n(1) In section 36(4) of the Principal Act—\n(a) in paragraph (d), for \"Minister, the Secretary\nto the Department of Business and\nEmployment\" substitute \"Authority\";\n(b) in paragraph (e), for \"Minister\" substitute\n\"Authority\";\n(c) in paragraph (f), for \"Minister, the Secretary\nto the Department of Business and\nEmployment\" substitute \"Authority\".\n(2) In section 36 of the Principal Act, subsection (7)\nis repealed.\n41 Amendment of Schedule\nIn the Schedule to the Principal Act, in clause 9,\nfor \"Minister\" substitute \"Authority\".\n20\n\nPart 4—Amendments to the Equipment (Public Safety) Act 1994\nAccident Compensation (Occupational Health and Safety) Act 1996\nNo. 13 of 1996\ns. 42\nDivision 2—Transitional provisions\n42 Definition\nIn this Division—\nformer inspector means an inspector under\nsection 12 of the Principal Act as in force\nimmediately before the commencement of\nDivision 1 of this Part.\n43 Interpretation of Legislation Act 1984 not affected\nNothing in this Division affects or takes away\nfrom the Interpretation of Legislation Act 1984.\n44 Superseded references\n(1) On the commencement of this section, a reference\nin the regulations made under the Principal Act or\nany instrument or other document issued, served,\nmade or given under the Principal Act or the\nregulations made under that Act to the Minister is\ndeemed to be a reference to the Authority.\n(2) Subsection (1) does not apply to—\n(a) any guidelines issued by the Minister under\nsection 28(5) of the Principal Act; or\n(b) any code of practice approved by the\nMinister or notice caused to be published by\nthe Minister under section 33 of the Principal\nAct.\n45 Proceedings in relation to Minister\n(1) On the commencement of this section, the\nAuthority is substituted for the Minister as a party\nin any proceedings commenced or made by or\nagainst or in relation to the Minister under the\nPrincipal Act or the regulations made under that\nAct and existing immediately before that\ncommencement.\n21\n\nPart 4—Amendments to the Equipment (Public Safety) Act 1994\nAccident Compensation (Occupational Health and Safety) Act 1996\nNo. 13 of 1996\ns. 46\n(2) On the commencement of this section, any\napplication made or notification, notice or request\ngiven to the Minister under the Principal Act or\nthe regulations made under that Act is deemed to\nbe an application made or notification, notice or\nrequest given to the Authority.\n(3) On and after the commencement of this section,\nthe Authority may continue and complete any\nother continuing matter or thing commenced by or\nagainst or in relation to the Minister under the\nPrincipal Act or the regulations made under that\nAct and existing immediately before that\ncommencement.\n46 Documents etc issued by Minister\n(1) On and after the commencement of this section—\n(a) any confirmation, condition, exemption,\nnotice, requirement, determination, approval\nor other instrument or document issued,\nserved, granted, made or given under the\nPrincipal Act or the regulations made under\nthe Principal Act by the Minister is deemed\nto have been issued, served, granted, made or\ngiven by the Authority; and\n(b) any action taken or decision made under the\nPrincipal Act or the regulations made under\nthe Principal Act by the Minister is deemed\nto have been taken or made by the Authority.\n(2) This section does not apply to—\n(a) any guidelines issued by the Minister under\nsection 28(5) of the Principal Act; or\n(b) any code of practice approved by the\nMinister or notice caused to be published by\nthe Minister under section 33 of the Principal\nAct.\n22\n\nPart 4—Amendments to the Equipment (Public Safety) Act 1994\nAccident Compensation (Occupational Health and Safety) Act 1996\nNo. 13 of 1996\ns. 47\n47 Inspectors deemed to be inspectors appointed by\nAuthority\nOn and after the commencement of this section—\n(a) any former inspector holding office\nimmediately before that commencement is\ndeemed to be an inspector appointed by the\nAuthority under section 12 of the Principal\nAct as amended by Division 1 of this Part;\nand\n(b) a certificate of appointment provided by the\nMinister under section 12 of the Principal\nAct in respect of the appointment of a former\ninspector is deemed to be a certificate of\nappointment provided by the Authority under\nthat section as amended by Division 1 of this\nPart; and\n(c) an identification card provided to a former\ninspector by the Minister under section 12 of\nthe Principal Act is deemed to be an\nidentification card provided to an inspector\nby the Authority under that section as\namended by Division 1 of this Part.\n48 Proceedings in relation to inspectors\nOn and after the commencement of this section,\nan inspector appointed by the Authority may\ncontinue and complete any proceedings under the\nPrincipal Act or the regulations made under that\nAct commenced or made by or against or in\nrelation to a former inspector and existing\nimmediately before that commencement.\n23\n\nPart 4—Amendments to the Equipment (Public Safety) Act 1994\nAccident Compensation (Occupational Health and Safety) Act 1996\nNo. 13 of 1996\ns. 49\n49 Documents etc issued by inspector\nOn and after the commencement of this section—\n(a) any notice, requirement, direction or other\ninstrument or document issued, served, made\nor given by a former inspector under the\nPrincipal Act or the regulations made under\nthat Act is deemed to have been issued,\nserved, made or given by an inspector\nappointed by the Authority; and\n(b) any action taken or decision made under the\nPrincipal Act or the regulations made under\nthat Act by a former inspector is deemed to\nhave been taken by an inspector appointed\nby the Authority.\n_______________\n24\n\nPart 5—Amendments to the Occupational Health and Safety Act 1985\nAccident Compensation (Occupational Health and Safety) Act 1996\nNo. 13 of 1996\ns. 50\nPART 5—AMENDMENTS TO THE OCCUPATIONAL\nHEALTH AND SAFETY ACT 1985\nDivision 1—Amendments to the Occupational Health and\nSafety Act 1985\n50 Principal Act\nIn this Part the Occupational Health and Safety\nAct 1985 is called the Principal Act.\nAct No. 10190.\nReprinted to\nNo. 78/1993\nand\nsubsequently\namended by\nNos 21/1994\nand 78/1995.\n51 Definition inserted\nIn section 4 of the Principal Act—\n(a) insert—\n\"Authority means the Victorian WorkCover\nAuthority established under section 18\nof the Accident Compensation Act\n1985;\";\n(b) the definition of Department is repealed.\n52 Amendment of section 8\nIn section 8 of the Principal Act, for \"Department\"\n(wherever occurring) substitute \"Authority\".\n53 Amendments relating to obtaining information\n(1) In section 9 of the Principal Act, for \"Department\"\nsubstitute \"Authority\".\n(2) In section 10(9) of the Principal Act, for \"member\nof the Department\" substitute \"Director of the\nBoard of Management of the Authority or officer\nor employee of the Authority\".\n25\n\nPart 5—Amendments to the Occupational Health and Safety Act 1985\nAccident Compensation (Occupational Health and Safety) Act 1996\nNo. 13 of 1996\ns. 54\n(3) In section 10 of the Principal Act, for\n\"Department\" (wherever occurring) substitute\n\"Authority\".\n(4) After section 10(10) of the Principal Act insert—\n\"(11) Section 243 of the Accident Compensation\nAct 1985 does not apply to any information\nfurnished to the Authority under section 9 of\nthis Act.\".\n54 Amendments relating to designated work groups\nand health and safety representatives\n(1) In section 29 of the Principal Act, for \"Minister\"\n(where twice occurring) substitute \"Authority\".\n(2) In section 30 of the Principal Act—\n(a) in subsection (3), for \"Minister to appoint an\nofficer of the public service\" substitute\n\"Authority to appoint a person\";\n(b) in subsection (4), for \"Minister may appoint\nan officer of the public service\" substitute\n\"Authority may appoint any person\".\n(3) In section 31(2)(d) of the Principal Act, for\n\"approved by the or conducted by the\nDepartment\" substitute \"approved by or\nconducted by the Authority\".\n55 Amendment of section 38\nIn section 38 of the Principal Act—\n(a) for \"Minister\" (wherever occurring)\nsubstitute \"Authority\";\n(b) in subsection (1), for \"public service\"\nsubstitute \"Authority\".\n26\n\nPart 5—Amendments to the Occupational Health and Safety Act 1985\nAccident Compensation (Occupational Health and Safety) Act 1996\nNo. 13 of 1996\ns. 56\n56 Amendment of section 39\nAfter section 39(2) of the Principal Act insert—\n\"(3) An inspector is authorised to take affidavits\nfor any purpose relating to or incidental to\nthe exercise of the inspector's powers or the\nperformance of the inspector's duties.\".\n57 Amendments relating to proceedings for offences\n(1) In section 48 of the Principal Act—\n(a) in subsection (1), for \"Minister\" substitute\n\"Authority\";\n(b) in subsection (2), for \"Minister\" substitute\n\"Authority\";\n(c) in subsection (5) after \"shall issue\" insert\n\"to the Authority and\".\n(2) In section 49 of the Principal Act, for \"Minister\"\n(wherever occurring) substitute \"Authority\".\n58 Amendment of section 50\nIn section 50 of the Principal Act, for \"the\nSecretary to the Department\" (where twice\noccurring) substitute \"the Chief Executive of the\nAuthority\".\n59 Amendment of section 55\nIn section 55(5) of the Principal Act, for\n\"Department\" substitute \"Authority\".\n60 Amendments relating to regulations\n(1) In section 59 of the Principal Act—\n(a) in subsection (3)(d), for \"Minister, the\nSecretary to the Department, the\nDepartment\" substitute \"Authority\";\n(b) in subsection (3)(e), for \"Minister\"\nsubstitute \"Authority\";\n27\n\nPart 5—Amendments to the Occupational Health and Safety Act 1985\nAccident Compensation (Occupational Health and Safety) Act 1996\nNo. 13 of 1996\ns. 61\n(c) in subsection (3)(f), for \"Minister, the\nSecretary to the Department\" substitute\n\"Authority\";\n(d) in subsection (5)—\n(i) for \"Minister\" substitute \"Authority\";\nand\n(ii) for \"Department\" substitute\n\"Authority\";\n(e) subsection (6A) is repealed.\n(2) In Schedule One to the Principal Act—\n(a) in clause 8, for \"Minister\" substitute\n\"Authority\"; and\n(b) in clause 40, for \"Minister\" substitute\n\"Authority\".\n61 New section 60 inserted\nAfter section 59 of the Principal Act insert—\n\"60 Transfer of responsibilities\n(1) In this section—\nrelevant Department means the Department\nof Energy and Minerals, the\nDepartment of Agriculture, Energy and\nMinerals or the Department of Natural\nResources and Environment;\nrelevant Minister means the Minister for the\ntime being administering the\nPetroleum (Submerged Lands) Act\n1982;\nrelevant Secretary means the Secretary to\nthe Department of Energy and\nMinerals, the Secretary to the\nDepartment of Agriculture, Energy and\nMinerals or the Secretary to the\n28\n\nPart 5—Amendments to the Occupational Health and Safety Act 1985\nAccident Compensation (Occupational Health and Safety) Act 1996\nNo. 13 of 1996\ns. 61\nDepartment of Natural Resources and\nEnvironment.\n(2) Despite anything to the contrary in this Act,\nthe relevant Minister has direct and primary\nconcern and responsibility for the\nadministration of this Act and may exercise\nfor that purpose all the powers and functions\nof the Minister or the Authority under this\nAct or the regulations with respect to\nactivities carried out under—\n(a) the Petroleum (Submerged Lands) Act\n1967 of the Commonwealth; and\n(b) the Petroleum (Submerged Lands)\nAct 1982; and\n(c) if an Order under subsection (4) so\nspecifies, the Extractive Industries\nDevelopment Act 1995.\n(3) For the purposes of subsection (2) and only\nfor those purposes, this Act applies as if—\n(a) any reference in this Act or the\nregulations to the Minister or to the\nAuthority (including any reference\ndeemed to be a reference to the\nAuthority) or to the relevant Secretary\nor to the relevant Department were a\nreference to the Minister; and\n(b) any reference to an officer or employee\nof the Authority were a reference to an\nofficer or employee of the public\nservice.\n(4) The Governor in Council may, by Order\npublished in the Government Gazette,\nspecify the Extractive Industries\nDevelopment Act 1995 as an Act to which\nsubsection (2) applies.\n29\n\nPart 5—Amendments to the Occupational Health and Safety Act 1985\nAccident Compensation (Occupational Health and Safety) Act 1996\nNo. 13 of 1996\ns. 61\n(5) Subsection (2) does not apply to any power\nor function or responsibility of the Minister\nrelating to codes of practice or to the making\nof regulations.\n(6) On and after the commencement of\nsection 61 of the Accident Compensation\n(Occupational Health and Safety) Act\n1996—\n(a) any delegation or other instrument or\nother document made, issued or given\nunder this Act or the regulations before\nthat commencement by the relevant\nSecretary or the relevant Department is\ndeemed to have been made, issued or\ngiven by the relevant Minister;\n(b) any action taken or decision made\nunder this Act or the regulations before\nthat commencement by the relevant\nSecretary or the relevant Department is\ndeemed to have been taken or made by\nthe relevant Minister;\n(c) any application made or notification\ngiven to the relevant Secretary or the\nrelevant Department under this Act or\nthe regulations before that\ncommencement is deemed to be an\napplication made or notification given\nto the relevant Minister;\n(d) the relevant Minister may continue and\ncomplete any other continuing matter\nor thing commenced by or against the\nrelevant Secretary or the relevant\nDepartment under this Act or the\nregulations and existing immediately\nbefore that commencement.\n30\n\nPart 5—Amendments to the Occupational Health and Safety Act 1985\nAccident Compensation (Occupational Health and Safety) Act 1996\nNo. 13 of 1996\ns. 62\n(7) Nothing in this section or any other section\nof this Act affects the appointment of or any\nnotice given by or proceedings begun under\nthis Act or the regulations by or against or in\nrelation to an inspector appointed by the\nrelevant Minister before the commencement\nof section 61 of the Accident Compensation\n(Occupational Health and Safety) Act\n1996.\".\nDivision 2—Transitional provisions\n62 Definitions\nIn this Division—\nDepartment has the same meaning as it has in the\nPrincipal Act as in force at any time before\nthe commencement of Division 1 of this\nPart, having regard to any Order made under\nthe Administrative Arrangements Act\n1983 but does not include the relevant\nDepartment within the meaning of section 60\nof the Principal Act;\nformer inspector means an inspector appointed\nunder section 38 of the Principal Act as in\nforce immediately before the commencement\nof Division 1 of this Part but does not\ninclude an inspector appointed by the\nrelevant Minister within the meaning of\nsection 60 of the Principal Act;\nSecretary has the same meaning as Secretary or\nDirector-General has or had in the Principal\nAct as in force at any time before the\ncommencement of Division 1 of this Part,\nhaving regard to any Order made under the\nAdministrative Arrangements Act 1983,\nbut does not include the relevant Secretary\nwithin the meaning of section 60 of the\nPrincipal Act.\n31\n\nPart 5—Amendments to the Occupational Health and Safety Act 1985\nAccident Compensation (Occupational Health and Safety) Act 1996\nNo. 13 of 1996\ns. 63\n63 Interpretation of Legislation Act 1984 not affected\nNothing in this Division affects or takes away\nfrom the Interpretation of Legislation Act 1984.\n64 Superseded references\n(1) Subject to subsections (2) and (3), on the\ncommencement of this section, a reference in the\nregulations made under the Principal Act or any\ninstrument or other document made, issued,\nserved or given under the Principal Act or the\nregulations made under that Act—\n(a) to the Minister is deemed to be a reference to\nthe Authority; and\n(b) to the Department is deemed to be a\nreference to the Authority; and\n(c) to the Secretary is deemed to be a reference\nto the Authority.\n(2) On the commencement of this section, in the\nfollowing regulations, a reference to the Minister\nis deemed to be a reference to the Administrative\nAppeals Tribunal—\n(a) regulation 36 of the Occupational Health and\nSafety (Asbestos) Regulations 1992;\n(b) regulation 16 of the Occupational Health and\nSafety (Noise) Regulations 1992.\n(3) Subsection (1) does not apply to—\n(a) any guidelines issued by the Minister under\nsection 48(5) of the Principal Act; or\n(b) any code of practice approved by the\nMinister or notice caused to be published by\nthe Minister under section 55 of the Principal\nAct.\n32\n\nPart 5—Amendments to the Occupational Health and Safety Act 1985\nAccident Compensation (Occupational Health and Safety) Act 1996\nNo. 13 of 1996\ns. 65\n65 Proceedings in relation to the Minister\n(1) On the commencement of this section, the\nAuthority is substituted for the Minister as a party\nin any proceedings commenced or made by or\nagainst or in relation to the Minister under the\nPrincipal Act or the regulations made under that\nAct and existing immediately before that\ncommencement.\n(2) On the commencement of this section, any\napplication made or notification, notice or request\ngiven to the Minister, the Secretary or the\nDepartment under the Principal Act or the\nregulations made under that Act is deemed to be\nan application made or notification, notice or\nrequest given to the Authority.\n(3) On and after the commencement of this section,\nthe Authority may continue and complete any\nother continuing matter or thing commenced by or\nagainst or in relation to the Minister under that\nPrincipal Act or the regulations made under that\nAct and existing immediately before that\ncommencement.\n66 Documents etc. issued by Minister, Secretary and\nDepartment\n(1) On and after the commencement of this section—\n(a) any notice, requirement, determination,\napproval, exemption, recommendation,\nauthorisation, confirmation, registration,\ndirection, certificate, guideline, delegation or\nother instrument or document issued, served,\ngranted, made or given under the Principal\nAct or the regulations made under the\nPrincipal Act by the Department, the\nSecretary or the Minister is deemed to have\nbeen issued, served, granted, made or given\nby the Authority; and\n33\n\nPart 5—Amendments to the Occupational Health and Safety Act 1985\nAccident Compensation (Occupational Health and Safety) Act 1996\nNo. 13 of 1996\ns. 67\n(b) any action taken or decision made under the\nPrincipal Act or the regulations made under\nthe Principal Act by the Department, the\nSecretary or the Minister is deemed to have\nbeen taken or made by the Authority.\n(2) This section does not apply to —\n(a) any guidelines issued by the Minister under\nsection 48(5) of the Principal Act; or\n(b) any code of practice approved by the\nMinister or notice caused to be published by\nthe Minister under section 55 of the Principal\nAct.\n67 Information under section 9\nOn the commencement of this section, all\ninformation furnished to the Department under\nsection 9 of the Principal Act is deemed to be\nfurnished to the Authority under that section.\n68 Inspectors deemed to be inspectors appointed by\nAuthority\nOn and after the commencement of this section—\n(a) any former inspector holding office\nimmediately before that commencement is\ndeemed to be an inspector appointed by the\nAuthority under section 38 of the Principal\nAct as amended by Division 1 of this Part;\nand\n(b) a certificate of appointment furnished by the\nMinister under section 38 of the Principal\nAct in respect of the appointment of a former\ninspector is deemed to be a certificate of\nappointment furnished by the Authority\nunder section 38 as amended by Division 1\nof this Part; and\n34\n\nPart 5—Amendments to the Occupational Health and Safety Act 1985\nAccident Compensation (Occupational Health and Safety) Act 1996\nNo. 13 of 1996\ns. 69\n(c) an identification card furnished to a former\ninspector by the Minister under section 38 of\nthe Principal Act is deemed to be an\nidentification card furnished to an inspector\nby the Authority under section 38 as\namended by Division 1 of this Part.\n69 Proceedings in relation to inspectors\nOn and after the commencement of this section,\nan inspector appointed by the Authority may\ncontinue and complete any proceedings under the\nPrincipal Act or the regulations made under that\nAct commenced or made by or against or in\nrelation to a former inspector and existing\nimmediately before that commencement.\n70 Documents etc issued by inspector\nOn and after the commencement of this section—\n(a) any notice, requirement, direction or other\ninstrument or document issued, served, made\nor given by a former inspector under the\nPrincipal Act or the regulations made under\nthat Act is deemed to have been issued,\nserved, made or given by an inspector\nappointed by the Authority; and\n(b) any action taken or decision made under the\nPrincipal Act or the regulations made under\nthat Act by a former inspector is deemed to\nhave been taken or made by an inspector\nappointed by the Authority.\n═══════════════\n35\n\nAccident Compensation (Occupational Health and Safety) Act 1996\nNo. 13 of 1996\nEndnotes\nENDNOTES\n1. General Information\nMinister's second reading speech—\nLegislative Assembly: 30 May 1996\nLegislative Council: 20 June 1996\nThe long title for the Bill for this Act was \"to further amend the Accident\nCompensation Act 1985, to amend the Dangerous Goods Act 1985, the\nEquipment (Public Safety) Act 1994, and the Occupational Health and\nSafety Act 1985 and for other purposes.\"\nThe Accident Compensation (Occupational Health and Safety) Act 1996\nwas assented to on 28 June 1996 and came into operation as follows:\nSs 1, 2 and 9 on 28 June 1996: s. 2(1); rest of Act on 2 July 1996: s. 2(4).\n36\n\nAccident Compensation (Occupational Health and Safety) Act 1996\nNo. 13 of 1996\nEndnotes\n2. Table of Amendments\nThis Version incorporates amendments made to the Accident Compensation\n(Occupational Health and Safety) Act 1996 by Acts and subordinate\ninstruments.\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\nAccident Compensation (Further Amendment) Act 1996, No. 60/1996\nAssent Date: 17.12.96\nCommencement Date: S.33 on 28.6.96: s. 2(2)\nCurrent State: This information relates only to the provision/s\namending the Accident Compensation\n(Occupational Health and Safety) Act 1996\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n37\n\nAccident Compensation (Occupational Health and Safety) Act 1996\nNo. 13 of 1996\nEndnotes\n3. Explanatory Details\nNo entries at date of publication.\n38","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act implements its stated purpose (s1) to transfer administration, enforcement and staff for the three Acts to the Victorian WorkCover Authority and to amend the Accident Compensation Act 1985 to reflect those transfers. It does not expand the statutory remit beyond that transfer, though it preserves Ministerial primacy for petroleum/submerged‑lands matters (Dangerous Goods s61; OHS s60) and adjusts funding and delegation rules, which are internal scope clarifications rather than a change of the Act's principal objective."},"complexity_factors":["Amendments span four principal Acts and multiple Parts in this Act (Accident Compensation, Dangerous Goods, Equipment (Public Safety), Occupational Health and Safety) creating many cross-references and edits across statutes (Parts 2–5).","Extensive transitional and deeming provisions that convert prior Minister/Director‑General instruments, registers, inspectors and ongoing proceedings to the Authority (Dangerous Goods Division 2 s26–32; Equipment Division 2 s44–49; OHS Division 2 s64–70).","Staff transfers with preserved entitlements and a specific denial of compensation for ceasing public service (s9–10), raising employment‑law and payroll implementation issues.","Reallocation of revenue streams: penalties, infringement payments and statutory fees redirected to the Authority and the Consolidated Fund contribution mechanism introduced (Accident Compensation s32 amendments; Part 2 s8).","Delegation and governance constraints added (precluding certain delegations to non‑Authority persons) altering existing administrative delegation rules (Accident Compensation s21(10) inserted by Part 2 s7).","Retention of Ministerial primacy for petroleum/submerged‑lands activities and carve‑outs for codes/regulations (Dangerous Goods s61; OHS s60) requires dual administrative pathways in limited domains.","New operational powers for inspectors (authorised to take affidavits) added across the amended Acts (Dangerous Goods s17(7); Equipment s13(3); OHS s39(3)), changing investigative procedure.","A stated intention to alter Supreme Court jurisdiction is recorded (relation to Constitution Act 1975 noted in Part 2 s11), which raises a constitutional nuance.","Numerous textual substitutions replacing references to Minister/Director‑General/Department/Secretary with 'Authority' increase risk of drafting oversights and interpretation traps (see multiple substitution clauses in Parts 3–5)."],"plain_english_summary":"This Act transfers administration and enforcement of the Dangerous Goods Act 1985, the Equipment (Public Safety) Act 1994 and the Occupational Health and Safety Act 1985 to the Victorian WorkCover Authority, moves the staff who ran those functions, and amends the Accident Compensation Act 1985 to broaden the Authority’s powers and funding sources. Who pays and who decides change: fees, penalties and Treasurer‑certified Consolidated Fund contributions are payable to the Authority (Accident Compensation s32(3)(ba),(bb),(bc)). The Authority replaces the Minister/Director‑General for most functions, while the Minister retains primary responsibility for petroleum/submerged‑lands activities (Dangerous Goods s61; OHS s60)."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: administrative transfer of workplace safety functions to the Victorian WorkCover Authority. While it amends multiple Acts, these are all mechanical amendments necessary to effect the transfer. The scope has not expanded beyond the machinery of government changes described in section 1."},"complexity_factors":["Extensive cross-referencing: Amends four separate Acts simultaneously (Accident Compensation Act 1985, Dangerous Goods Act 1985, Equipment (Public Safety) Act 1994, Occupational Health and Safety Act 1985)","Mechanical substitution pattern: Over 50 individual 'search and replace' amendments changing 'Minister', 'Director-General', 'Department', and 'Secretary' to 'Authority'","Nested transitional provisions: Three separate Division 2s (Parts 3, 4, and 5) each containing 6–9 sections dealing with document continuity, proceedings substitution, and inspector status","Dual-role complexity: Creates parallel administration where the Authority replaces departments for most purposes, but the 'relevant Minister' retains control over petroleum operations (sections 21 and 61)","Deeming provisions: Heavy use of statutory fiction ('deemed to be') to ensure legal continuity—over 30 separate deeming provisions across the transitional sections","Defined terms with exclusions: Terms like 'Director-General' and 'Department' are defined to exclude 'relevant Director-General' and 'relevant Department' for petroleum carve-outs (sections 24, 62)"],"plain_english_summary":"This Act centralises administration of three workplace safety laws (dangerous goods, equipment/public safety, and occupational health and safety) in the Victorian WorkCover Authority, creating a single regulator. Public servants working on those laws were transferred with their conditions preserved; businesses and workers now deal with the Authority; its powers and funding were expanded. The reform aims to streamline oversight and accountability for workplace safety."}},"importantCases":[],"_links":{"self":"/api/acts/accident-compensation-occupational-health-and-safety-act-1996","history":"/api/acts/accident-compensation-occupational-health-and-safety-act-1996/history","analysis":"/api/acts/accident-compensation-occupational-health-and-safety-act-1996/analysis","conflicts":"/api/acts/accident-compensation-occupational-health-and-safety-act-1996/conflicts","importantCases":"/api/acts/accident-compensation-occupational-health-and-safety-act-1996/important-cases","documents":"/api/acts/accident-compensation-occupational-health-and-safety-act-1996/documents"}}