{"id":"occupational-health-and-safety-act-2004","name":"Occupational Health and Safety Act 2004","slug":"occupational-health-and-safety-act-2004","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":177721,"registerId":"vic-occupational-health-and-safety-act-2004-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1—Preliminary\n\n","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Purposes","content":"\t1 Purposes\n\nThe main purposes of this Act are—\n\n(a) to create a legislative framework to give effect to the objects of this Act; and\n\n(b) to repeal the **Occupational Health and Safety Act 1985**; and\n\n(c) to provide for matters of a transitional nature and make consequential amendments.\n\n","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Objects","content":"\t2 Objects\n\n(1) The objects of this Act are—\n\n(a) to secure the health, safety and welfare of employees and other persons at work; and\n\n(b) to eliminate, at the source, risks to the health, safety or welfare of employees and other persons at work; and\n\n(c) to ensure that the health and safety of members of the public is not placed at risk by the conduct of undertakings by employers and self-employed persons; and\n\n(d) to provide for the involvement of employees, employers, and organisations representing those persons, in the formulation and implementation of health, safety and welfare standards—\n\nhaving regard to the principles of health and safety protection set out in section 4.\n\n(2) It is the intention of the Parliament that in the administration of this Act regard should be had to the principles of health and safety protection set out in section 4.\n\n","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Commencement","content":"\t3 Commencement\n\n(1) Subject to this section, this Act comes into operation on 1 July 2005.\n\n(2) Section 28 comes into operation on 1 July 2006.\n\n(3) Division 6 of Part 2 and section 172(2) come into operation on the day after the day on which this Act receives the Royal Assent.\n\n(4) Part 4 comes into operation on a day to be proclaimed but if it has not come into operation before 1 January 2006, it comes into operation on that day.\n\n","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"The principles of health and safety protection","content":"\t4 The principles of health and safety protection\n\n(1) The importance of health and safety requires that employees, other persons at work and members of the public be given the highest level of protection against risks to their health and safety that is reasonably practicable in the circumstances.\n\n(2) Persons who control or manage matters that give rise or may give rise to risks to health or safety are responsible for eliminating or reducing those risks so far as is reasonably practicable.\n\n(3) Employers and self-employed persons should be proactive, and take all reasonably practicable measures, to ensure health and safety at workplaces and in the conduct of undertakings.\n\n(4) Employers and employees should exchange information and ideas about risks to health and safety and measures that can be taken to eliminate or reduce those risks.\n\n(5) Employees are entitled, and should be encouraged, to be represented in relation to health and safety issues.\n\n","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"\t5 Definitions\n\n(1) In this Act—\n\n***authorised representative*** of a registered employee organisation means a person who holds an entry permit issued under Part 8;\n\nS. 5(1) def. of *Authority* amended by No. 67/2013 s. 649(Sch. 9 item 25(1)(a)).\n\n***Authority*** means the Victorian WorkCover Authority under the **Workplace Injury Rehabilitation and Compensation Act 2013**;\n\n***commission*** in relation to plant includes performing necessary adjustments, tests and inspections before the plant starts or re-starts operations;\n\n***compliance code*** means a compliance code approved by the Minister under Part 12;\n\nS. 5(1) def. of *contribution* inserted by No. 28/2005 s. 28.\n\n***contribution*** means a contribution the amount of which is determined in accordance with section 151A(2);\n\nS. 5(1) def of *correspond-ing Authority* amended by No. 66/2008 s. 32(1).\n\n***corresponding Authority*** means a Government department or a statutory authority of the Commonwealth Government, or of the Government of another State or of a Territory, that is responsible for administering a law corresponding to this Act, the **Dangerous Goods Act 1985** or the **Equipment (Public Safety) Act 1994**;\n\n***designated work group*** means a group of employees established under Division 1 or 2 of Part 7;\n\n***disclose*** in relation to information includes divulge or communicate to any person or publish;\n\n***eligible person*** in relation to a reviewable decision has the meaning given by section 127;\n\n***employee*** means a person employed under a contract of employment or contract of training (see also subsection (2));\n\n***employer*** means a person who employs one or more other persons under contracts of employment or contracts of training;\n\n***entry permit*** means an entry permit issued under Part 8;\n\nS. 5(1) def. of *exit date* inserted by No. 28/2005 s. 28, amended by No. 67/2013 s. 649(Sch. 9 item 25(1)(b)).\n\n***exit date*** has the same meaning as it has in section 413 of the **Workplace Injury Rehabilitation and Compensation Act 2013**;\n\n***health*** includes psychological health;\n\n***health and safety committee***, other than in section 72, means a health and safety committee whether or not required by this Act to be established;\n\n***health and safety representative*** means a health and safety representative for a designated work group who has been elected and holds office in accordance with Part 7;\n\nS. 5(1) def. of *indemnify* inserted by No. 36/2021 s. 6.\n\n***indemnify*** means indemnify wholly or partly;\n\n***inspector*** means an inspector appointed under Part 9;\n\nS. 5(1) def. of *insure* inserted by No. 36/2021 s. 6.\n\n***insure*** means insure wholly or partly;\n\nS. 5(1) def. of *interest at the prescribed rate* inserted by No. 28/2005 s. 28.\n\n***interest at the prescribed rate*** means interest at the rate fixed for the time being under section 2 of the **Penalty Interest Rates Act 1983**;\n\nS. 5(1) def. of *labour hire services* inserted by No. 36/2021 s. 4(1).\n\n***labour hire services***  has the same meaning as it has in the **Labour Hire Licensing Act 2018**;\n\nS. 5(1) def. of *non-WorkCover employer* inserted by No. 28/2005 s. 28, amended by No. 67/2013 s. 649(Sch. 9 item 25(1)(c)).\n\n***non-WorkCover employer*** has the same meaning as it has in section 413 of the **Workplace Injury Rehabilitation and Compensation Act 2013**;\n\n***Occupational Health and Safety Advisory Committee*** means the Committee established under Division 6 of Part 2;\n\n***officer*** of a body corporate, unincorporated body or association or partnership has the meaning (other than in Part 8) given by section 9 of the Corporations Act;\n\n***person*** includes a body corporate, unincorporated body or association and a partnership;\n\n***place*** includes a car, truck, ship, boat, airplane and any other vehicle;\n\n***plant*** includes—\n\n(a) any machinery, equipment, appliance, implement and tool; and\n\n(b) any component of any of those things; and\n\n(c) anything fitted, connected or related to any of those things;\n\nS. 5(1) def. of *provider* inserted by No. 36/2021 s. 4(1).\n\n***provider*** has the same meaning as it has in the **Labour Hire Licensing Act 2018**;\n\nS. 5(1) def. of *rateable remuneration* inserted by No. 28/2005 s. 28, amended by No. 67/2013 s. 649(Sch. 9 item 25(1)(d)).\n\n***rateable remuneration*** has the same meaning as it has in section 3 of the **Workplace Injury Rehabilitation and Compensation Act 2013**;\n\n***registered employee organisation*** has the meaning given by section 79;\n\n***reviewable decision*** has the meaning given by section 127;\n\n***self-employed person*** means a person, other than an employer, who works for gain or reward otherwise than under a contract of employment or training;\n\nS. 5(1) def. of *self-insurer* inserted by No. 28/2005 s. 28, amended by No. 67/2013 s. 649(Sch. 9 item 25(1)(e)).\n\n***self-insurer*** has the same meaning as it has in section 3 of the **Workplace Injury Rehabilitation and Compensation Act 2013**;\n\n***substance*** means any natural or artificial substance, whether in the form of a solid, liquid, gas or vapour;\n\n***supply*** includes supply and resupply by way of sale, exchange, lease, hire or hire-purchase, whether as principal or agent;\n\n***Tribunal*** means the Victorian Civil and Administrative Tribunal established by the **Victorian Civil and Administrative Tribunal Act 1998**;\n\n***volunteer*** means a person who is acting on a voluntary basis (irrespective of whether the person receives out-of-pocket expenses);\n\nS. 5(1) def. of *WorkCover Authority Fund* inserted by No. 10/2022 s. 46.\n\n***WorkCover Authority Fund*** has the same meaning as it has in the **Workplace Injury Rehabilitation and Compensation Act 2013**;\n\nS. 5(1) def. of *worker* inserted by No. 36/2021 s. 4(1).\n\n***worker*** has the same meaning as it has in the **Labour Hire Licensing Act 2018**;\n\n***workplace*** means a place, whether or not in a building or structure, where employees or self‑employed persons work.\n\n(2) For the purposes of this Act and the regulations—\n\nS. 5(2)(a) substituted by No. 37/2014 s. 10(Sch. item 117(a)).\n\n(a) the following persons are taken to be employed by the Crown under a contract of service—\n\n(i) a police officer within the meaning of the **Victoria Police Act 2013**;\n\n(ii) a police reservist within the meaning of the **Victoria Police Act 2013**;\n\n(iii) a protective services officer within the meaning of the **Victoria Police Act** **2013**; and\n\nS. 5(2)(b) amended by No. 37/2014 s. 10(Sch. item 117(b)).\n\n(b) despite any contrary rule of law, the contract of service and the relationship of employer and employee is to be taken to exist between the Crown and each of those persons in respect of the performance of the duties and exercise of the powers as such a person (whether arising at common law, under statute, by the instructions of superiors or otherwise).\n\nS. 5A inserted by No. 36/2021 s. 4(2).\n\n","sortOrder":5},{"sectionNumber":"5A","sectionType":"section","heading":"Extended definition of employer and employee—labour hire","content":"\t5A Extended definition of employer and employee—labour hire\n\n(1) For the purposes of this Act, a person is taken to be an employer of a worker, and the worker is taken to be an employee of the person, if a provider of labour hire services supplies the worker to, recruits the worker for or places the worker with the person to perform work for the person.\n\n(2) Despite subsection (1), a person is not taken to be an employer of a worker if—\n\n(a) the person is included in a class of person prescribed by the regulations; or\n\n(b) the person provides services prescribed by the regulations.\n\n(3) Despite subsection (1), a worker is not taken to be an employee of an employer if—\n\n(a) the worker is included in a class of individual prescribed by the regulations; or\n\n(b) the worker provides services prescribed by the regulations.\n\n","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Act binds the Crown","content":"\t6 Act binds the Crown\n\nS. 6(1) amended by No. 48/2017 s. 9.\n\n(1) This Act and the regulations bind the Crown—\n\n(a) in right of the State of Victoria; and\n\n(b) to the extent that the legislative power of the Parliament permits, in all its other capacities.\n\n(2) To avoid doubt, the Crown is a body corporate for the purposes of this Act and the regulations.\n\nPart 2—The Authority\n\nDivision 1—General functions and powers\n\n\t7 Functions of the Authority\n\n(1) The Authority has the following functions—\n\n(a) to enquire into and report to the Minister on any matters referred to the Authority by the Minister (within the time specified by the Minister);\n\n(b) to make recommendations to the Minister with respect to—\n\n(i) the operation and administration of this Act and the regulations; and\n\n(ii) regulations or compliance codes that the Minister or the Authority proposes should be made or approved under this Act; and\n\n(iii) the establishment of public inquiries (if appropriate) into any matter relating to occupational health, safety and welfare;\n\n(c) to monitor and enforce compliance with this Act and the regulations;\n\n(d) to administer, examine, review and make recommendations concerning existing or proposed registration or licensing schemes relating to occupational health, safety and welfare;\n\n(e) to co‑operate with, and give advice and information to the following persons in relation to occupational health, safety and welfare—\n\n(i) corresponding Authorities;\n\n(ii) registered employee organisations (within the meaning of Part 8) and other organisations representing employers or employees;\n\n(iii) other interested persons;\n\n(f) to disseminate information about the duties, obligations and rights of persons under this Act or the regulations and to formulate standards, specifications or other forms of guidance for the purpose of assisting persons to comply with their duties and obligations;\n\n(g) to promote education and training by—\n\n(i) devising, in co-operation with educational and other bodies, courses in occupational health, safety and welfare; and\n\n(ii) approving courses in occupational health, safety and welfare (whether or not devised in co-operation with another body); and\n\n(iii) facilitating access to those courses; and\n\n(iv) initiating or promoting events such as conferences and forums, and the publication of information, relating to occupational health, safety and welfare;\n\n(h) to foster a co-operative, consultative relationship between employers and their employees in relation to the health, safety and welfare of those employees;\n\n(i) to engage in, promote and co‑ordinate the sharing of information to achieve the objects of this Act;\n\n(j) to promote public awareness and discussion of occupational health, safety and welfare issues and an understanding and acceptance of the principles of health and safety protection set out in section 4;\n\n(k) to develop and implement programs to provide incentives for employers—\n\n(i) to implement measures to eliminate or reduce risks to health or safety; and\n\n(ii) to otherwise improve occupational health, safety and welfare;\n\n(l) to monitor the operation of measures taken and arrangements put in place to ensure occupational health, safety and welfare;\n\n(m) to initiate and encourage research to identify efficient and effective strategies for improving occupational health, safety and welfare;\n\n(n) to collect and publish statistics relating to occupational health, safety and welfare.\n\nNote to s. 7(1) amended by No. 67/2013 s. 649(Sch. 9 item 25(2)).\n\nThe **Workplace Injury Rehabilitation and Compensation Act 2013** also confers functions on the Authority relating to occupational health, safety and welfare.\n\n(2) The Authority also has such other functions as are conferred on it by or under this Act.\n\n(3) Before the Authority makes a recommendation to the Minister under subsection (1)(b)(ii) concerning a proposed compliance code, it must issue the proposed compliance code for public review and comment.\n\n(4) However, the Authority need not comply with subsection (3) if the Minister considers that it is in the public interest that the proposed compliance code be made as soon as practicable.\n\n(5) The Authority must ensure, as far as possible, that information it gives is in a form and in such languages as is appropriate for the persons to whom it is directed.\n\n","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Powers of the Authority","content":"\t8 Powers of the Authority\n\n(1) Subject to this Act, the Authority has the power to do all things necessary or convenient to be done for or in connection with the performance of its functions.\n\n(2) Without limiting subsection (1), the Authority has all the functions and powers that an inspector has under this Act or the regulations.\n\n(3) Without limiting subsection (1), the Authority has the following powers—\n\n(a) the power to enter into agreements or contracts with a corresponding Authority for or with respect to the following—\n\n(i) the Authority performing the functions or exercising the powers of the corresponding Authority as its agent;\n\n(ii) the Authority performing works or providing services for the corresponding Authority;\n\n(iii) the Authority giving information to the corresponding Authority;\n\n(iv) the Authority providing the corresponding Authority with the use of its facilities or the services of its staff;\n\n(v) the corresponding Authority doing any of the things in subparagraphs (i) to (iv) for or in respect of the Authority;\n\n(b) in addition to, but not limited by, any other power under this section, the power to provide related and ancillary services.\n\nFor ***corresponding Authority***, see section 5.\n\nPt 2 Div. 1A (Heading and s. 8AA) inserted by No. 8/2024 s. 31.\n\n","sortOrder":8},{"sectionNumber":"Div 1A","sectionType":"division","heading":"Use of information","content":"Division 1A—Use of information\n\nS. 8AA inserted by No. 8/2024 s. 31.\n\n\t8AA Use of information\n\n(1) Information collected by the Authority under this Act or the regulations may be used by the Authority to perform its functions and exercise its powers under any Act if the use—\n\n(a) is reasonably necessary for the purposes of performing a function or exercising a power conferred on the Authority under that Act or regulations made under that Act; or\n\n(b) is directly related to a function or power conferred on the Authority under that Act.\n\n(2) This section does not affect the operation of—\n\n(a) the **Health Records Act 2001**; or\n\n(b) the **Privacy and Data Protection Act 2014**; or\n\n(c) the **Victorian Data Sharing Act 2017**.\n\n","sortOrder":9},{"sectionNumber":"Div 2","sectionType":"division","heading":"Power to obtain information","content":"Division 2—Power to obtain information\n\n","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Power to obtain information","content":"\t9 Power to obtain information\n\n(1) For the purpose of ascertaining whether this Act or the regulations have been complied with or of investigating a suspected contravention, the Authority may (by written notice) require a person to—\n\n(a) give the Authority such information as the Authority requires; or\n\n(b) produce a document in the custody or control of the person.\n\n(2) A person must not, without reasonable excuse, refuse or fail to comply with a requirement under subsection (1).\n\n(3) A notice under subsection (1) directed to a natural person must inform the person that he or she may refuse or fail to give any information if giving the information would tend to incriminate him or her.\n\nUnder section 153, it is an offence for a person to give information in complying or purportedly complying with this Act that the person knows to be false or misleading in a material particular.\n\n","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Restrictions on disclosure of information","content":"\t10 Restrictions on disclosure of information\n\n(1) This section applies to a person who is or has been—\n\n(a) a member of the Authority's Board of Management; or\n\n(b) appointed for the purposes of this Act; or\n\n(c) engaged as a member of the Authority's staff; or\n\n(d) authorised to perform a function or exercise a power of, or on behalf of, the Authority.\n\n(2) Subject to section 11, a person to whom this section applies must not, except to the extent necessary to perform official duties or to perform a function or exercise a power of, or on behalf of, the Authority—\n\n(a) directly or indirectly make a record of or disclose to any other person any information acquired by the person because he or she is or has been a person to whom this section applies; or\n\n(b) make use of any such information for any purpose other than—\n\n(i) the performance of official duties; or\n\n(ii) the performance of a function or exercise of a power of, or on behalf of, the Authority.\n\n1. 100 penalty units.\n\n","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Circumstances in which information may be disclosed","content":"\t11 Circumstances in which information may be disclosed\n\n(1) Nothing in section 10 precludes a person from doing any of the following—\n\n(a) producing a document to a court in the course of criminal proceedings;\n\n(b) producing a document to a court or the Tribunal in the course of proceedings under this Act or the regulations;\n\n(c) disclosing to a court in the course of criminal proceedings, or to a court or the Tribunal in the course of proceedings under this Act or the regulations, any matter or thing arising under this Act or the regulations or coming to the notice of the person—\n\n(i) in the performance of official duties; or\n\n(ii) in the performance of a function or exercise of a power of, or on behalf of, the Authority;\n\n(d) producing a document or disclosing information with respect to a matter or thing arising under this Act or the regulations to any of the following—\n\n(i) the Secretary to the Department of Treasury and Finance;\n\n(ii) a corresponding Authority;\n\n(iii) an authority, department or public body, within the meaning of the **Financial Management Act 1994**, that has functions in relation to particular occupational health and safety matters arising under this or another Act;\n\n(iv) a committee of the Parliament;\n\n(v) a person or body approved (in writing) by the Governor in Council for the purposes of this section;\n\n(e) producing a document or disclosing information that is required or permitted by or under this or another Act to be produced or disclosed (as the case may be).\n\nFor ***corresponding Authority***, see section 5.\n\n(2) The Minister must cause a report of requests for the approval of persons or bodies by the Governor in Council under subsection (1)(d)(v) to be laid before each House of the Parliament within 14 sitting days of that House after 30 June in each year.\n\n(3) The report must include the following matters in respect of each request—\n\n(a) the name of the person sought to be approved;\n\n(b) the reason for the request;\n\n(c) the date of the request;\n\n(d) whether the request was approved or refused.\n\n","sortOrder":13},{"sectionNumber":"Div 3","sectionType":"division","heading":"Power to make guidelines","content":"Division 3—Power to make guidelines\n\n","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Power to make guidelines","content":"\t12 Power to make guidelines\n\n(1) The Authority may, in accordance with this Division, make guidelines on the way in which—\n\n(a) a provision of this Act or of a regulation made under this Act would, in the Authority's opinion, apply to a class of persons or to a set of circumstances; or\n\n(b) a discretion of the Authority under a provision of, or regulation made under, this Act would be exercised.\n\n(2) For the purposes of this section, the Authority exercises a discretion if the Authority—\n\n(a) forms an opinion; or\n\n(b) attains a state of mind; or\n\n(c) makes a determination; or\n\n(d) exercises a power; or\n\n(e) refuses or fails to do any of those things.\n\n","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"How guidelines are made","content":"\t13 How guidelines are made\n\n(1) If the Authority proposes to make guidelines, it must—\n\n(a) ensure notice of the proposed guidelines is published in the Government Gazette and a newspaper circulating generally throughout the State; and\n\n(b) include in the notice a statement that written submissions or comments on the proposed guidelines may be made to the Authority within a specified period; and\n\n(c) give a copy of the proposed guidelines to each person who requests it during that period.\n\n(2) After considering the submissions and comments (if any) received by the Authority within the specified period, the Authority may make the guidelines (with or without modifications) by causing notice of them to be published in the Government Gazette.\n\n(3) If the Authority makes guidelines, it must ensure notice of them is also published in a newspaper circulating generally throughout the State.\n\n","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"Withdrawal of guidelines","content":"\t14 Withdrawal of guidelines\n\n(1) The Authority may withdraw guidelines by causing notice of the withdrawal to be published in the Government Gazette.\n\n(2) The notice must also be published in a newspaper circulating generally throughout the State.\n\n","sortOrder":17},{"sectionNumber":"15","sectionType":"section","heading":"Guidelines do not affect rights and duties etc.","content":"\t15 Guidelines do not affect rights and duties etc.\n\nGuidelines under this Division do not give rise to—\n\n(a) any liability of, or other claim against, the Authority; or\n\n(b) any right, expectation, duty or obligation that would not otherwise be conferred or imposed on a person; or\n\n(c) any defence that would not otherwise be available to that person.\n\n","sortOrder":18},{"sectionNumber":"Div 4","sectionType":"division","heading":"Power to accept undertakings relating to contraventions","content":"Division 4—Power to accept undertakings relating to contraventions\n\n","sortOrder":19},{"sectionNumber":"16","sectionType":"section","heading":"Authority may accept undertakings","content":"\t16 Authority may accept undertakings\n\n(1) The Authority may accept (by written notice) a written undertaking given by a person in connection with a matter relating to a contravention or alleged contravention by the person of this Act or the regulations.\n\n(2) The person may withdraw or vary the undertaking at any time but only with the Authority's written consent.\n\nS. 16(3) substituted by No. 48/2017 s. 10.\n\n(3) A person who gives an undertaking under this section must not contravene the undertaking.\n\nPenalty: 500 penalty units for a natural person;\n\nS. 16(4) inserted by No. 48/2017 s. 10.\n\n(4) Neither the Authority nor an inspector may bring a proceeding for an offence against this Act or the regulations constituted by the contravention or alleged contravention to which an undertaking relates—\n\n(a) while the undertaking is in effect; or\n\n(b) if the undertaking has been fully complied with and discharged.\n\n","sortOrder":20},{"sectionNumber":"17","sectionType":"section","heading":"Enforcement of undertakings","content":"\t17 Enforcement of undertakings\n\n(1) If the Authority considers that a person has contravened an undertaking accepted by the Authority, the Authority may apply to the Magistrates' Court for enforcement of the undertaking.\n\n(2) If the Magistrates' Court is satisfied that the person has contravened the undertaking, it may make—\n\n(a) an order that the person must comply with the undertaking or take specified action to comply with the undertaking; or\n\n(b) any other order that it considers appropriate.\n\n","sortOrder":21},{"sectionNumber":"Div 5","sectionType":"division","heading":"Power to give advice on compliance","content":"Division 5—Power to give advice on compliance\n\n","sortOrder":22},{"sectionNumber":"18","sectionType":"section","heading":"Power to give advice on compliance","content":"\t18 Power to give advice on compliance\n\n(1) The Authority may give advice to a person who has a duty or obligation under this Act or the regulations about complying with that duty or obligation.\n\n(2) The giving of such advice by the Authority does not give rise to—\n\n(a) any liability of, or other claim against, the Authority; or\n\n(b) any right, expectation, duty or obligation that would not otherwise be conferred or imposed on the person given the advice; or\n\n(c) any defence that would not otherwise be available to that person.\n\n(3) The Authority's power under this section to give advice may also be exercised by an inspector or, if the Authority authorises any other person to exercise the power, that other person.\n\nNote to s. 18(3) amended by No. 67/2013 s. 649(Sch. 9 item 25(3)).\n\nAn inspector or other person exercising this power may not be liable for things done or omitted to be done in good faith (see section 499(3) of the **Workplace Injury Rehabilitation and Compensation Act 2013**).\n\n","sortOrder":23},{"sectionNumber":"Div 6","sectionType":"division","heading":"Occupational Health and Safety Advisory Committee","content":"Division 6—Occupational Health and Safety Advisory Committee\n\n","sortOrder":24},{"sectionNumber":"19","sectionType":"section","heading":"Occupational Health and Safety Advisory Committee","content":"\t19 Occupational Health and Safety Advisory Committee\n\n(1) There is to be an Occupational Health and Safety Advisory Committee.\n\n(2) The Chairperson of the Authority's Board of Management, or such other member of the Board as the Chairperson nominates, is to be the Chairperson of the Occupational Health and Safety Advisory Committee.\n\n(3) The Occupational Health and Safety Advisory Committee is to consist of the Chairperson and the following members appointed (in writing) by the Minister from time to time—\n\n(a) 2 persons recommended by the Authority's Board of Management who represent the interests of the Authority;\n\n(b) 2 persons who the Minister considers represent the interests of the Crown;\n\n(c) 6 persons who the Minister considers represent the interests of employers (at least 2 of whom the Minister considers represent the interests of employers engaged in small business);\n\n(d) 6 persons who the Minister considers represent the interests of employees;\n\nS. 19(3)(e) amended by No. 27/2025 s. 56(a).\n\n(e) 2 independent persons who the Minister considers have appropriate expertise and experience in occupational health and safety;\n\nS. 19(3)(f) inserted by No. 27/2025 s. 56(b).\n\n(f) 2 persons who the Minister considers have been affected, directly or indirectly, by a workplace incident that involves death or a serious injury or illness.\n\n(4) The functions of the Occupational Health and Safety Advisory Committee are—\n\n(a) to enquire into and report to the Authority's Board of Management on any matters referred to it by the Board in accordance with the terms of reference given by the Board; and\n\n(b) to advise the Board in relation to—\n\n(i) promoting healthy and safe working environments; and\n\n(ii) the operation and administration of this Act and the regulations; and\n\n(c) to carry out such other functions as are conferred by this Act.\n\n(5) The Occupational Health and Safety Advisory Committee must operate in accordance with the procedures (if any) determined by the Authority's Board of Management.\n\nPart 3—General duties relating to health and safety\n\nDivision 1—The concept of ensuring health and safety\n\n\t20 The concept of ensuring health and safety\n\n(1) To avoid doubt, a duty imposed on a person by this Part or the regulations to ensure, so far as is reasonably practicable, health and safety requires the person—\n\n(a) to eliminate risks to health and safety so far as is reasonably practicable; and\n\n(b) if it is not reasonably practicable to eliminate risks to health and safety, to reduce those risks so far as is reasonably practicable.\n\n(2) To avoid doubt, for the purposes of this Part and the regulations, regard must be had to the following matters in determining what is (or was at a particular time) reasonably practicable in relation to ensuring health and safety—\n\n(a) the likelihood of the hazard or risk concerned eventuating;\n\n(b) the degree of harm that would result if the hazard or risk eventuated;\n\n(c) what the person concerned knows, or ought reasonably to know, about the hazard or risk and any ways of eliminating or reducing the hazard or risk;\n\n(d) the availability and suitability of ways to eliminate or reduce the hazard or risk;\n\n(e) the cost of eliminating or reducing the hazard or risk.\n\nDivision 2—Main duties of employers\n\n","sortOrder":25},{"sectionNumber":"21","sectionType":"section","heading":"Duties of employers to employees","content":"\t21 Duties of employers to employees\n\n(1) An employer must, so far as is reasonably practicable, provide and maintain for employees of the employer a working environment that is safe and without risks to health.\n\n(2) Without limiting subsection (1), an employer contravenes that subsection if the employer fails to do any of the following—\n\n(a) provide or maintain plant or systems of work that are, so far as is reasonably practicable, safe and without risks to health;\n\n(b) make arrangements for ensuring, so far as is reasonably practicable, safety and the absence of risks to health in connection with the use, handling, storage or transport of plant or substances;\n\n(c) maintain, so far as is reasonably practicable, each workplace under the employer's management and control in a condition that is safe and without risks to health;\n\n(d) provide, so far as is reasonably practicable, adequate facilities for the welfare of employees at any workplace under the management and control of the employer;\n\n(e) provide such information, instruction, training or supervision to employees of the employer as is necessary to enable those persons to perform their work in a way that is safe and without risks to health.\n\n(3) For the purposes of subsections (1) and (2)—\n\n(a) a reference to an employee includes a reference to an independent contractor engaged by an employer and any employees of the independent contractor; and\n\n(b) the duties of an employer under those subsections extend to an independent contractor engaged by the employer, and any employees of the independent contractor, in relation to matters over which the employer has control or would have control if not for any agreement purporting to limit or remove that control.\n\n(4) An offence against subsection (1) is an indictable offence.\n\nNote to s. 21(4) amended by No. 68/2009 s. 97(Sch. item 90.1).\n\n","sortOrder":26},{"sectionNumber":"22","sectionType":"section","heading":"Duties of employers to monitor health and conditions etc.","content":"\t22 Duties of employers to monitor health and conditions etc.\n\n(1) An employer must, so far as is reasonably practicable—\n\n(a) monitor the health of employees of the employer; and\n\n(b) monitor conditions at any workplace under the employer's management and control; and\n\n(c) provide information to employees of the employer (in such other languages as appropriate) concerning health and safety at the workplace, including the names of persons to whom an employee may make an enquiry or complaint about health and safety.\n\n(2) An employer must, so far as is reasonably practicable—\n\n(a) keep information and records relating to the health and safety of employees of the employer; and\n\n(b) employ or engage persons who are suitably qualified in relation to occupational health and safety to provide advice to the employer concerning the health and safety of employees of the employer.\n\n","sortOrder":27},{"sectionNumber":"23","sectionType":"section","heading":"Duties of employers to other persons","content":"\t23 Duties of employers to other persons\n\n(1) An employer must ensure, so far as is reasonably practicable, that persons other than employees of the employer are not exposed to risks to their health or safety arising from the conduct of the undertaking of the employer.\n\nNote to s. 23(2) amended by No. 68/2009 s. 97(Sch. item 90.2).\n\nDivision 3—Duties of self-employed persons\n\n","sortOrder":28},{"sectionNumber":"24","sectionType":"section","heading":"Duties of self-employed persons to other persons","content":"\t24 Duties of self-employed persons to other persons\n\n(1) A self-employed person must ensure, so far as is reasonably practicable, that persons are not exposed to risks to their health or safety arising from the conduct of the undertaking of the self‑employed person.\n\nNote to s. 24(2) amended by No. 68/2009 s. 97(Sch. item 90.3).\n\nDivision 4—Duties of employees\n\n","sortOrder":29},{"sectionNumber":"25","sectionType":"section","heading":"Duties of employees","content":"\t25 Duties of employees\n\n(1) While at work, an employee must—\n\n(a) take reasonable care for his or her own health and safety; and\n\n(b) take reasonable care for the health and safety of persons who may be affected by the employee's acts or omissions at a workplace; and\n\n(c) co-operate with his or her employer with respect to any action taken by the employer to comply with a requirement imposed by or under this Act or the regulations.\n\n(2) While at work, an employee must not intentionally or recklessly interfere with or misuse anything provided at the workplace in the interests of health, safety or welfare.\n\n(3) In determining for the purposes of subsection (1)(a) or (b) whether an employee failed to take reasonable care, regard must be had to what the employee knew about the relevant circumstances.\n\n(4) An offence against subsection (1) or (2) is an indictable offence.\n\nNote to s. 25(4) amended by No. 68/2009 s. 97(Sch. item 90.4).\n\nDivision 5—Duties of other persons\n\n","sortOrder":30},{"sectionNumber":"26","sectionType":"section","heading":"Duties of persons who manage or control workplaces","content":"\t26 Duties of persons who manage or control workplaces\n\n(1) A person who (whether as an owner or otherwise) has, to any extent, the management or control of a workplace must ensure so far as is reasonably practicable that the workplace and the means of entering and leaving it are safe and without risks to health.\n\n(2) The duties of a person under subsection (1) apply only in relation to matters over which the person has management or control.\n\nNote to s. 26(3) amended by No. 68/2009 s. 97(Sch. item 90.5).\n\n","sortOrder":31},{"sectionNumber":"27","sectionType":"section","heading":"Duties of designers of plant","content":"\t27 Duties of designers of plant\n\n(1) A person who designs plant who knows, or ought reasonably to know, that the plant is to be used at a workplace must—\n\n(a) ensure, so far as is reasonably practicable, that it is designed to be safe and without risks to health if it is used for a purpose for which it was designed; and\n\n(b) carry out, or arrange the carrying out, of such testing and examination as may be necessary for the performance of the duty imposed by paragraph (a); and\n\n(c) give adequate information to each person to whom the designer gives the design and who is to give effect to it concerning—\n\n(i) the purpose or purposes for which the plant was designed; and\n\n(ii) the results of any testing or examination referred to in paragraph (b); and\n\n(iii) any conditions necessary to ensure that the plant is safe and without risks to health if it is used for a purpose for which it was designed; and\n\n(d) on request, give such information to a person who uses or is to use the plant.\n\nNote to s. 27(2) amended by No. 68/2009 s. 97(Sch. item 90.6).\n\n","sortOrder":32},{"sectionNumber":"28","sectionType":"section","heading":"Duties of designers of buildings or structures","content":"\t28 Duties of designers of buildings or structures\n\n(1) A person who designs a building or structure or part of a building or structure who knows, or ought reasonably to know, that the building or structure or the part of the building or structure is to be used as a workplace must ensure, so far as is reasonably practicable, that it is designed to be safe and without risks to the health of persons using it as a workplace for a purpose for which it was designed.\n\nNote to s. 28(2) amended by No. 68/2009 s. 97(Sch. item 90.7).\n\n","sortOrder":33},{"sectionNumber":"29","sectionType":"section","heading":"Duties of manufacturers of plant or substances","content":"\t29 Duties of manufacturers of plant or substances\n\n(1) A person who manufactures plant or a substance who knows, or ought reasonably to know, that the plant or substance is to be used at a workplace must—\n\n(a) ensure, so far as is reasonably practicable, that it is manufactured to be safe and without risks to health if it is used for a purpose for which it was manufactured; and\n\n(b) carry out, or arrange the carrying out, of such testing and examination as may be necessary for the performance of the duty imposed by paragraph (a); and\n\n(c) give adequate information to each person to whom the manufacturer provides the plant or substance concerning—\n\n(i) the purpose or purposes for which the plant or substance was manufactured; and\n\n(ii) the results of any testing or examination referred to in paragraph (b); and\n\n(iii) any conditions necessary to ensure that the plant or substance is safe and without risks to health if it is used for a purpose for which it was manufactured; and\n\n(d) on request, give such information to a person who uses or is to use the plant or substance.\n\nNote to s. 29(2) amended by No. 68/2009 s. 97(Sch. item 90.8).\n\n","sortOrder":34},{"sectionNumber":"30","sectionType":"section","heading":"Duties of suppliers of plant or substances","content":"\t30 Duties of suppliers of plant or substances\n\n(1) A person who supplies plant or a substance who knows, or ought reasonably to know, that the plant or substance is to be used at a workplace (whether by the person to whom it is supplied or anyone else) must—\n\n(a) ensure, so far as is reasonably practicable, that it is safe and without risks to health if it is used for a purpose for which it was designed, manufactured or supplied; and\n\n(b) give adequate information to each person to whom the supplier supplies the plant or substance concerning—\n\n(i) the purpose or purposes for which the plant or substance was designed, manufactured or supplied; and\n\n(ii) any conditions necessary to ensure that the plant or substance is safe and without risks to health if it is used for a purpose for which it was designed, manufactured or supplied; and\n\n(c) on request, give such information to a person who uses or is to use the plant or substance.\n\n(2) For the purposes of subsection (1), if the person who supplies the plant or substance—\n\n(a) carries on the business of financing the acquisition of plant or a substance by customers; and\n\n(b) has, in the course of that business, acquired an interest in the plant or substance solely for the purpose of financing its acquisition by a customer from a third person or its provision to a customer by a third person; and\n\n(c) has not taken possession of the plant or substance or has taken possession of it solely for the purpose of passing possession to that customer—\n\nthe reference in subsection (1) to the person who supplies that plant or substance is instead taken to be a reference to the third person.\n\nNote to s. 30(3) amended by No. 68/2009 s. 97(Sch. item 90.9).\n\n","sortOrder":35},{"sectionNumber":"31","sectionType":"section","heading":"Duties of persons installing, erecting or commissioning plant","content":"\t31 Duties of persons installing, erecting or commissioning plant\n\n(1) A person who installs, erects or commissions plant who knows, or ought reasonably to know, that the plant is to be used at a workplace must ensure, so far as is reasonably practicable, that nothing about the way in which the plant is installed, erected or commissioned makes its use unsafe or a risk to health.\n\nNote to s. 31(2) amended by No. 68/2009 s. 97(Sch. item 90.10).\n\n","sortOrder":36},{"sectionNumber":"32","sectionType":"section","heading":"Duty not to recklessly endanger persons at workplaces","content":"\t32 Duty not to recklessly endanger persons at workplaces\n\nA person who, without lawful excuse, recklessly engages in conduct that places or may place another person who is at a workplace in danger of serious injury is guilty of an indictable offence and liable to—\n\n(a) in the case of a natural person, a term of imprisonment not exceeding 5 years, or a fine not exceeding 1800 penalty units, or both; and\n\nS. 32(b) amended by No. 41/2016 s. 5.\n\n(b) in the case of a body corporate, a fine not exceeding 20 000 penalty units.\n\nNote to s. 32 amended by No. 68/2009 s. 97(Sch. item 90.11).\n\nDivision 6—Other matters\n\n","sortOrder":37},{"sectionNumber":"33","sectionType":"section","heading":"Single charge for multiple contraventions of certain duties","content":"\t33 Single charge for multiple contraventions of certain duties\n\n(a) a contravention of a provision of Division 2, 3, 4 or 5 by a person; and\n\n(b) a contravention of such a provision for which an officer of a body corporate, partnership or unincorporated body or association (including a body corporate, partnership or unincorporated body or association representing the Crown) is liable.\n\nFor liability of officers, see Divisions 4 and 5 of Part 11.\n\n(2) Subject to any contrary court order, two or more contraventions may be charged as a single offence if they arise out of the same factual circumstances.\n\n(3) This section does not authorise contraventions of two or more provisions of Division 2, 3, 4 or 5 to be charged as a single offence.\n\n(4) If two or more contraventions are charged as a single offence, a single penalty only may be imposed in respect of the contraventions.\n\n","sortOrder":38},{"sectionNumber":"34","sectionType":"section","heading":"Civil liability not affected by this Part","content":"\t34 Civil liability not affected by this Part\n\nNothing in this Part is to be construed as—\n\n(a) conferring a right of action in civil proceedings in respect of a contravention of a provision of this Part; or\n\n(b) conferring a defence to an action in civil proceedings or otherwise affecting a right of action in civil proceedings; or\n\n(c) affecting the extent (if any) to which a right of action arises, or civil proceedings may be taken, with respect to breaches of duties or obligations imposed by the regulations.\n\n","sortOrder":39},{"sectionNumber":"Part 4","sectionType":"part","heading":"Duty of employers to consult","content":"Part 4—Duty of employers to consult\n\nS. 35 substituted by No. 49/2018 s. 19.\n\n","sortOrder":40},{"sectionNumber":"35","sectionType":"section","heading":"Duty of employers to consult with employees","content":"\t35 Duty of employers to consult with employees\n\n(1) When doing any of the following things, an employer must so far as is reasonably practicable consult in accordance with this section with the employees of the employer who are or are likely to be directly affected by the employer doing that thing—\n\n(a) identifying or assessing hazards or risks to health or safety at a workplace under the employer's management and control or arising from the conduct of the undertaking of the employer;\n\n(b) making decisions about the measures to be taken to control risks to health or safety at a workplace under the employer's management and control or arising from the conduct of the undertaking of the employer;\n\n(c) making decisions about the adequacy of facilities for the welfare of employees of the employer;\n\n(d) making decisions about the procedures for any of the following—\n\n(i) resolving health or safety issues at a workplace under the employer's management and control or arising from the conduct of the undertaking of the employer;\n\n(ii) consulting with employees of the employer in accordance with this section;\n\n(iii) monitoring the health of employees of the employer and the conditions at any workplace under the employer's management and control;\n\n(iv) providing information and training to employees of the employer;\n\n(e) determining the membership of any health and safety committee;\n\n(f) proposing changes, that may affect the health or safety of employees of the employer, to any of the following—\n\n(i) a workplace under the employer's management and control;\n\n(ii) the plant, substances or other things used at such a workplace;\n\n(iii) the conduct of the work performed at such a workplace;\n\n(g) any other thing prescribed by the regulations for the purposes of this subsection.\n\n(2) For the purposes of subsection (1)—\n\n(a) a reference to an employee of an employer includes a reference to an independent contractor engaged by the employer and any employees of the independent contractor; and\n\n(b) the duties of an employer under that subsection extend to an independent contractor engaged by the employer, and any employees of the independent contractor, in relation to matters over which the employer has control or would have control if not for any agreement purporting to limit or remove that control.\n\n(3) An employer who is required to consult with employees under subsection (1) must do so by—\n\n(a) sharing with the employees information about the matter on which the employer is required to consult; and\n\n(b) giving the employees a reasonable opportunity to express their views about the matter; and\n\n(c) taking into account those views.\n\n(4) If the employees are represented by a health and safety representative, the consultation must involve that representative (with or without the involvement of the employees directly).\n\n(5) Subject to subsections (3) and (4), if the employer and the employees have agreed to procedures for undertaking consultations, the consultation must be undertaken in accordance with those procedures.\n\n(6) An employer who contravenes this section is guilty of an offence.\n\nPenalty: In the case of a natural person, 180 penalty units;\n\nIn the case of a body corporate, 900 penalty units.\n\nS. 35A inserted by No. 36/2021 s. 5.\n\n","sortOrder":41},{"sectionNumber":"35A","sectionType":"section","heading":"Duty to consult with other employers in relation to duties relating to labour hire","content":"\t35A Duty to consult with other employers in relation to duties relating to labour hire\n\n(1) This section applies if—\n\n(a) a person is taken to be an employer of a worker under section 5A; and\n\n(b) as a result, the person has duties under this Act in relation to the worker; and\n\n(c) one or more other persons have a duty in relation to the same worker, whether because the other person or persons are taken to be an employer of the worker under section 5A or because the worker is otherwise an employee of the other person or persons.\n\n(2) Each person who has a duty in relation to the same worker must, so far as is reasonably practicable, consult, co‑operate and co‑ordinate activities with each other person who has a duty in relation to the same worker.\n\nPenalty: 180 penalty units for a natural person;\n\n900 penalty units for a body corporate.\n\nS. 36 repealed by No. 49/2018 s. 19.\n\n","sortOrder":42},{"sectionNumber":"Part 5","sectionType":"part","heading":"Duties relating to incidents","content":"Part 5—Duties relating to incidents\n\n","sortOrder":43},{"sectionNumber":"37","sectionType":"section","heading":"Incidents to which this Part applies","content":"\t37 Incidents to which this Part applies\n\n(1) This Part applies to an incident that results in—\n\n(a) the death of a person; or\n\n(b) a person requiring medical treatment within 48 hours of exposure to a substance; or\n\n(c) a person requiring immediate treatment as an in-patient in a hospital; or\n\n(d) a person requiring immediate medical treatment for—\n\n(i) the amputation of any part of his or her body; or\n\n(ii) a serious head injury; or\n\n(iii) a serious eye injury; or\n\n(iv) the separation of his or her skin from an underlying tissue (such as de-gloving or scalping); or\n\n(v) electric shock; or\n\n(vi) a spinal injury; or\n\n(vii) the loss of a bodily function; or\n\n(viii) serious lacerations; or\n\n(e) any other injury to a person or other consequence prescribed by the regulations.\n\nS. 37(2) substituted by No. 10/2022 s. 47(1).\n\n(2) This Part also applies to an incident that exposes a person to a serious risk to the person's health or safety emanating from an immediate or imminent exposure to—\n\n(a) an uncontrolled escape, spillage or leakage of any substance, including dangerous goods within the meaning of the **Dangerous Goods Act 1985**; or\n\n(b) an implosion, explosion or fire; or\n\n(c) electric shock; or\n\n(d) the fall or release from a height of any plant, substance or thing; or\n\n(e) the collapse, overturning, failure or malfunction of, or damage to, any plant (including plant in relation to a mine)—\n\n(i) that is prescribed by the regulations; or\n\n(ii) the design of which must be registered in accordance with the regulations; or\n\n(f) the collapse or partial collapse of a building or structure; or\n\n(g) the collapse or failure of an excavation or mine or of any shoring supporting an excavation or mine; or\n\n(h) the inrush of water, mud or gas in workings in a mine, underground excavation or tunnel; or\n\n(i) the interruption of the main system of ventilation in a mine, underground excavation or tunnel; or\n\n(j) any other event or circumstance prescribed by the regulations.\n\nS. 37(2A) inserted by No. 10/2022 s. 47(2).\n\n(2A) Without limiting subsections (1) and (2), this Part also applies to an incident constituted by the illness of a person, being an  illness prescribed by the regulations.\n\nS. 37(3) amended by No. 10/2022 s. 47(3).\n\n(3) Despite subsections (1), (2) and (2A), this Part does not apply to an incident of a kind excluded by the regulations.\n\nS. 37(4) def. of *medical treatment* amended by No. 97/2005 s. 182(Sch. 4 item 38), substituted by No. 13/2010 s. 51(Sch. item 39), amended by No. 48/2017 s. 11(a).\n\n***medical treatment*** means treatment by a person registered under the Health Practitioner Regulation National Law to practise in the medical or nursing or midwifery profession (other than as a student);\n\nS. 37(4) def. of *mine* amended by No. 63/2006 s. 61(Sch. item 26.1), substituted by No. 48/2017 s. 11(b).\n\n***mine*** means—\n\n(a) a workplace at which work is being performed under a licence within the meaning of the **Mineral Resources (Sustainable Development) Act 1990**—\n\n(i) including work that is exploration (within the meaning of that Act), in the form of underground work of any kind or drilling from the surface for coal-bed methane; and\n\n(ii) excluding work that is exploration carried out above ground, other than drilling from the surface for coal-bed methane; or\n\n(b) all parts of a tourist mine that are underground and all infrastructure and plant associated with the underground workings;\n\nS. 37(4) def. of *tourist mine* inserted by No. 48/2017 s. 11(c).\n\n***tourist mine*** means a mine, part of a mine, or any other location in which the principal activities conducted are those promoting interest in the practice and history of prospecting or mining.\n\n","sortOrder":44},{"sectionNumber":"38","sectionType":"section","heading":"Duty to notify of incidents","content":"\t38 Duty to notify of incidents\n\nS. 38(1) amended by No. 48/2017 s. 12(1).\n\n(1) An employer or self-employed person must not, without reasonable excuse, fail to notify the Authority immediately after becoming aware that an incident has occurred at a workplace under the management and control of the employer or self‑employed person.\n\n(2) However, an employer or self-employed person is not required to notify the Authority if the employer or self-employed person is the only person injured or otherwise harmed, or exposed to risk, as described in section 37 by the incident.\n\n(3) Within 48 hours after being required to notify the Authority, the employer or self-employed person must also give the Authority a written record of the incident, in the form approved in writing by the Authority.\n\n(4) The employer or self-employed person must keep a copy of the record for at least 5 years and make a copy of the record available for inspection by—\n\n(a) an inspector; or\n\nS. 38(4)(b) amended by No. 10/2022 s. 48.\n\n(b) a person, or a representative of a person, injured in the incident or whose health or safety was exposed to serious risk by the incident; or\n\n(c) a representative of a person whose death was caused by the incident; or\n\n(d) in the case only of an employer—\n\n(i) if any of the employees of the employer are members of a designated work group, a health and safety representative for the designated work group; or\n\n(ii) the members of each health and safety committee (if any) established by the employer.\n\n(5) An employer or self-employed person who contravenes subsection (1), (3) or (4) is guilty of an offence and liable to a fine not exceeding—\n\nS. 38(5)(a) substituted by No. 48/2017 s. 12(2).\n\n(a) in the case of a natural person, 240 penalty units; or\n\nS. 38(5)(b) substituted by No. 48/2017 s. 12(2).\n\n(b) in the case of a body corporate, 1200 penalty units.\n\nS. 38(6) inserted by No. 48/2017 s. 12(3).\n\n(6) An offence against subsection (5) is an indictable offence.\n\n","sortOrder":45},{"sectionNumber":"39","sectionType":"section","heading":"Duty to preserve incident sites","content":"\t39 Duty to preserve incident sites\n\nS. 39(1) amended by No. 48/2017 s. 13(1)(2).\n\n(1) An employer or self-employed person who is required to notify the Authority of an incident that has occurred at a workplace must not, without reasonable excuse, fail to ensure that the site where it occurred is not disturbed until—\n\n(a) an inspector arrives at the site; or\n\n(b) such other time as an inspector directs when the Authority is notified of the incident.\n\nPenalty: 240 penalty units for a natural person;\n\n(2) Despite subsection (1), a site may be disturbed for the purpose of—\n\n(a) protecting the health or safety of a person; or\n\n(b) aiding an injured person involved in an incident; or\n\n(c) taking essential action to make the site safe or to prevent a further occurrence of an incident.\n\nS. 39(3) inserted by No. 48/2017 s. 13(3).\n\nPt 5A (Headings and  \nss 39A–39G) inserted by No. 50/2019 s. 3.\n\n","sortOrder":46},{"sectionNumber":"Part 5A","sectionType":"part","heading":"Workplace manslaughter","content":"Part 5A—Workplace manslaughter\n\n","sortOrder":47},{"sectionNumber":"Div 1","sectionType":"division","heading":"Preliminary","content":"Division 1—Preliminary\n\nS 39A inserted by No. 50/2019 s. 3.\n\n","sortOrder":48},{"sectionNumber":"39A","sectionType":"section","heading":"Objects of Part 5A","content":"\t39A Objects of Part 5A\n\nThe objects of this Part are—\n\n(a) to prevent workplace deaths; and\n\n(b) to deter persons who owe certain duties under Part 3 from breaching those duties; and\n\n(c) to reflect the severity of conduct that places life at risk in the workplace.\n\nS 39B inserted by No. 50/2019 s. 3.\n\n","sortOrder":49},{"sectionNumber":"39B","sectionType":"section","heading":"Definitions","content":"\t39B Definitions\n\nIn this Part—\n\n***applicable duty*** means a duty imposed by a provision of Part 3 other than—\n\n(a) the duty imposed by section 25; or\n\n(b) a duty imposed by section 32 on a person who is an employee, but not an officer, at the workplace in relation to which the duty is imposed;\n\n***conduct*** has the meaning given in section 39C;\n\n***constitute a breach of an applicable duty*** has the meaning given in section 39D;\n\n***negligent*** has the meaning given in section 39E;\n\n***owes an applicable duty to another person*** has the meaning given in section 39F.\n\nS 39C inserted by No. 50/2019 s. 3.\n\n","sortOrder":50},{"sectionNumber":"39C","sectionType":"section","heading":"What does *conduct* mean?","content":"\t39C What does *conduct* mean?\n\n(1) For the purposes of this Part, ***conduct*** means—\n\n(a) an act; or\n\n(b) an omission to perform an act.\n\n(2) An omission to perform an act on or after the commencement of this Part is ***conduct*** for the purposes of this Part regardless of whether an occasion for performing that act arose before that commencement.\n\nS 39D inserted by No. 50/2019 s. 3.\n\n","sortOrder":51},{"sectionNumber":"39D","sectionType":"section","heading":"When may conduct constitute a breach of an applicable duty?","content":"\t39D When may conduct constitute a breach of an applicable duty?\n\nConduct may ***constitute a breach of an applicable duty*** for the purposes of this Part—\n\n(a) whether or not any other conduct also contributed to the breach; and\n\n(b) whether or not any proceeding has been commenced in respect of that breach.\n\nS 39E inserted by No. 50/2019 s. 3.\n\n","sortOrder":52},{"sectionNumber":"39E","sectionType":"section","heading":"When is conduct *negligent*?","content":"\t39E When is conduct *negligent*?\n\n(1) Conduct is ***negligent*** for the purposes of this Part if it involves—\n\n(a) a great falling short of the standard of care that would have been taken by a reasonable person in the circumstances in which the conduct was engaged in; and\n\n(b) a high risk of—\n\n(i) death; or\n\n(ii) serious injury; or\n\n(iii) serious illness.\n\n(2) In determining whether conduct engaged in by a body corporate is ***negligent*** for the purposes of this Part—\n\n(a) what matters is the conduct engaged in by the body corporate itself; and\n\n(b) it does not matter whether the conduct is, or is not, conduct imputed to the body corporate under section 143; and\n\n(c) it does not matter whether any of the body corporate's officers were involved in all or any part of the conduct; and\n\n(d) the standard to be applied under subsection (1)(a) is the standard of care that would have been taken by a reasonable body corporate in the circumstances in which the conduct was engaged in.\n\nS 39F inserted by No. 50/2019 s. 3.\n\n","sortOrder":53},{"sectionNumber":"39F","sectionType":"section","heading":"When does a person *owe an applicable duty to another person*?","content":"\t39F When does a person *owe an applicable duty to another person*?\n\n(1) A person (***A***) ***owes an applicable duty to another person*** (***B***) for the purposes of this Part if—\n\n(a) Part 3 imposes an applicable duty on A; and\n\n(b) it is either explicit or implicit that B is a person to whom the duty is owed.\n\n(2) It is explicit that B is a person to whom the duty is owed if—\n\n(a) the provision that imposes the duty expressly specifies the class of person—\n\n(i) to whom the duty is owed; or\n\n(ii) for whose benefit A must perform the duty; and\n\n(b) B belongs to that class.\n\n(3) It is implicit that B is a person to whom the duty is owed if—\n\n(a) the provision that imposes the duty does not expressly specify the class of person—\n\n(i) to whom the duty is owed; or\n\n(ii) for whose benefit A must perform the duty; and\n\n(b) the purpose of that provision is to ensure the health and safety of persons of a particular class; and\n\n(c) B belongs to that class.\n\nDivision 2—Offences\n\nS 39G inserted by No. 50/2019 s. 3.\n\n","sortOrder":54},{"sectionNumber":"39G","sectionType":"section","heading":"Workplace manslaughter","content":"\t39G Workplace manslaughter\n\nS. 39G(1) amended by No. 16/2020 s. 21(1).\n\n(1) A person who is not a volunteer must not engage in conduct that—\n\n(a) is negligent; and\n\n(b) constitutes a breach of an applicable duty that the person owes to another person; and\n\n(c) causes the death of that other person.\n\nPenalty: Imprisonment for 25 years for a natural person;\n\n100 000 penalty units for a body corporate.\n\nS. 39G(2) amended by No. 16/2020 s. 21(2).\n\n(2) A person who is an officer of an applicable entity, and who is not a volunteer, must not engage in conduct that—\n\n(a) is negligent; and\n\n(b) constitutes a breach of an applicable duty that the entity owes to another person; and\n\n(c) causes the death of that other person.\n\nPenalty: Imprisonment for 25 years.\n\n(3) An entity is an ***applicable entity*** for the purposes of subsection (2)—\n\n(a) if it is—\n\n(i) a body corporate; or\n\n(ii) an unincorporated body or association; or\n\n(iii) a partnership; and\n\n(b) whether or not it represents the Crown.\n\n(4) An offence against subsection (1) or (2) is an indictable offence.\n\nUnlike other indictable offences in this Act, these offences cannot be heard and determined summarily, as section 28 of the **Criminal Procedure Act 2009** does not apply to them.\n\n","sortOrder":55},{"sectionNumber":"Part 6","sectionType":"part","heading":"Licences, registration, permits and other requirements","content":"Part 6—Licences, registration, permits and other requirements\n\n","sortOrder":56},{"sectionNumber":"40","sectionType":"section","heading":"Requirements for licence or registration","content":"\t40 Requirements for licence or registration\n\n(1) An employer or self-employed person must not conduct an undertaking at a workplace if—\n\n(a) the regulations require the workplace, or class of workplace, to be licensed or registered; and\n\n(b) the workplace, or class of workplace, is not licensed or registered (as the case may be) in accordance with the regulations.\n\n(2) A person must not use plant at a workplace if—\n\n(a) the regulations require the plant or its design to be licensed or registered; and\n\n(b) the plant or its design (as the case may be) is not licensed or registered (as the case may be) in accordance with the regulations.\n\n(3) A person must not use a substance at a workplace if—\n\n(a) the regulations require the substance to be licensed or registered; and\n\n(b) the substance is not licensed or registered (as the case may be) in accordance with the regulations.\n\n(4) A person must not carry out work, or an activity, at a workplace if—\n\n(a) the regulations require the work or activity, or class of work or activity, to be carried out by a person who is registered or licensed; and\n\n(b) the person is not registered or licensed (as the case may be) in accordance with the regulations.\n\n(5) An offence against subsection (1) is an indictable offence.\n\nNote to s. 40(5) amended by No. 68/2009 s. 97(Sch. item 90.12).\n\n","sortOrder":57},{"sectionNumber":"41","sectionType":"section","heading":"Requirements for prescribed qualifications or experience","content":"\t41 Requirements for prescribed qualifications or experience\n\nA person must not carry out work, or an activity, at a workplace if—\n\n(a) the regulations require the work or activity, or class of work or activity, to be carried out by, or under the supervision of, a person who has prescribed qualifications or experience; and\n\n(b) the person does not have the prescribed qualifications or experience or the work or activity is not carried out under the supervision of a person who has the prescribed qualifications or experience (as the case may be).\n\n","sortOrder":58},{"sectionNumber":"42","sectionType":"section","heading":"Requirements for permit or certificate of competency","content":"\t42 Requirements for permit or certificate of competency\n\nA person must not carry out work, or an activity, at a workplace if—\n\n(a) the regulations require the work or activity, or class of work or activity, to be carried out by a person who holds a permit or certificate of competency for that work or activity, or class of work or activity; and\n\n(b) the person does not hold a permit or certificate of competency (as the case may be) for that work or activity, or class of work or activity, in accordance with the regulations.\n\nPart 7—Representation of employees\n\nDivision 1—Grouping of employees\n\n\t43 Establishment of designated work groups\n\n(1) An employee may ask his or her employer to establish designated work groups of employees of the employer at one or more workplaces.\n\n(2) The particulars of the designated work groups are to be determined by negotiation, in accordance with section 44, between the employer and employees.\n\n(3) The employer must do everything reasonable to ensure that negotiations start within 14 days after the request.\n\n(4) An employer may initiate negotiations with employees of the employer to establish designated work groups.\n\n","sortOrder":59},{"sectionNumber":"44","sectionType":"section","heading":"Negotiation of agreement concerning designated work groups","content":"\t44 Negotiation of agreement concerning designated work groups\n\n(1) Negotiations concerning designated work groups under this Division must be directed only at the following—\n\n(a) the manner of grouping, into one or more designated work groups, employees at one or more workplaces that—\n\n(i) best and most conveniently enables the interests of those employees relating to occupational health and safety to be represented and safeguarded; and\n\n(ii) best takes account of the need for a health and safety representative for the designated work group or groups to be accessible to each member of the group;\n\n(b) the number (which must be at least one) of health and safety representatives for each designated work group;\n\n(c) the number of deputy health and safety representatives (if any) for each designated work group;\n\n(d) the term of office (not exceeding 3 years) of each health and safety representative and deputy health and safety representative (if any);\n\n(e) whether the health and safety representative or representatives for the designated work group or groups are authorised also to represent independent contractors, or a class of independent contractors, engaged by the employer, and any employees of such independent contractors, who work at a workplace at which members of the designated work group or groups work.\n\n(2) If the negotiations result in agreement on the particulars mentioned in subsection (1), the employer must establish the designated work group or groups (as agreed) by giving written notice to the employees.\n\n(3) The parties to an agreement concerning a designated work group or groups may, at any time, negotiate a variation of the agreement.\n\n(4) If a variation is agreed, the employer must vary the agreement by giving written notice to the employees.\n\n(5) In negotiations concerning a designated work group or groups (including negotiations for a variation of an agreement), an employee or a group of employees may be represented by any person authorised by the employee or group (as the case may be).\n\n(6) An agreement concerning a designated work group or groups must only deal with the particulars mentioned in subsection (1).\n\nCertain matters must be taken into account in negotiations for an agreement or a variation of an agreement (see section 46).\n\n","sortOrder":60},{"sectionNumber":"45","sectionType":"section","heading":"Determination by inspector of unresolved particulars","content":"\t45 Determination by inspector of unresolved particulars\n\n(1) Any of the parties to a negotiation concerning a designated work group or groups (including a variation of an agreement) under this Division may, if agreement is not reached within a reasonable time, ask the Authority to arrange for an inspector to determine the particulars that are unresolved.\n\n(2) An inspector who determines unresolved particulars must give written notice of the determination to the parties and the parties must give effect to the determination.\n\n","sortOrder":61},{"sectionNumber":"46","sectionType":"section","heading":"Matters to be taken into account","content":"\t46 Matters to be taken into account\n\nThe following matters must be taken into account in negotiations concerning a designated work group or groups (including negotiations for a variation of an agreement) under this Division or in determining unresolved particulars under section 45—\n\n(a) the number of employees at the workplace or workplaces;\n\n(b) the nature of each type of work performed at the workplace or workplaces;\n\n(c) the number and grouping of employees who perform the same or similar types of work or who work under the same or similar arrangements;\n\n(d) the areas at the workplace or workplaces where each type of work is performed;\n\n(e) the nature of any hazards at the workplace or workplaces;\n\n(f) any overtime or shift working arrangements at the workplace or workplaces;\n\n(g) whether other languages are spoken by the employees.\n\nDivision 2—Grouping of employees of multiple employers\n\n","sortOrder":62},{"sectionNumber":"47","sectionType":"section","heading":"Establishment of designated work groups of multiple employers","content":"\t47 Establishment of designated work groups of multiple employers\n\n(1) Designated work groups may be established of—\n\n(a) employees of an employer at one or more workplaces; and\n\n(b) employees of one or more other employers at one or more workplaces.\n\n(2) The particulars of the designated work groups are to be determined by negotiation, in accordance with section 48, between each of the employers and the employees.\n\n(3) The establishment of one or more designated work groups under this Division does not—\n\n(a) prevent the establishment under this Division or Division 1 of any other designated work group of the employees concerned; or\n\n(b) affect any designated work groups of those employees that have already been established under this Division or Division 1.\n\n","sortOrder":63},{"sectionNumber":"48","sectionType":"section","heading":"Negotiation of agreement for designated work groups of multiple employers","content":"\t48 Negotiation of agreement for designated work groups of multiple employers\n\n(1) Negotiations concerning designated work groups under this Division must be directed only at the following—\n\n(a) the manner of grouping, into one or more designated work groups, employees of the employers at one or more workplaces that—\n\n(i) best and most conveniently enables the interests of those employees relating to occupational health and safety to be represented and safeguarded; and\n\n(ii) best takes account of the need for a health and safety representative for the designated work group or groups to be accessible to each member of the group;\n\n(b) the number (which must be at least one) of health and safety representatives for each designated work group;\n\n(c) the number of deputy health and safety representatives (if any) for each designated work group;\n\n(d) the term of office (not exceeding 3 years) of each health and safety representative and deputy health and safety representative (if any);\n\n(e) whether the health and safety representative or representatives for the designated work group or groups are authorised also to represent independent contractors, or a class of independent contractors, engaged by any of the employers, and any employees of such independent contractors, who work at a workplace at which members of the designated work group or groups work.\n\n(2) If the negotiations result in a written agreement on the particulars mentioned in subsection (1), the employers must establish the designated work group or groups (as agreed) by giving written notice to the employees.\n\n(3) The parties to an agreement concerning a designated work group or groups may, at any time, negotiate a variation of the agreement.\n\n(4) If a variation is agreed, the employers must vary the agreement by giving written notice to the employees.\n\n(5) In negotiations concerning a designated work group or groups (including negotiations for a variation of an agreement), an employee or a group of employees may be represented by any person authorised by the employee or group (as the case may be).\n\n(6) An agreement concerning a designated work group or groups must only deal with the particulars mentioned in subsection (1).\n\n","sortOrder":64},{"sectionNumber":"49","sectionType":"section","heading":"Matters to be taken into account","content":"\t49 Matters to be taken into account\n\nThe following matters must be taken into account in negotiations concerning a designated work group or groups (including negotiations for a variation of an agreement) under this Division—\n\n(a) the number of employees at the workplace or workplaces;\n\n(b) the nature of each type of work performed at the workplace or workplaces;\n\n(c) the number and grouping of employees who perform the same or similar types of work or who work under the same or similar arrangements;\n\n(d) the areas at the workplace or workplaces where each type of work is performed;\n\n(e) the nature of any hazards at the workplace or workplaces;\n\n(f) any overtime or shift working arrangements at the workplace or workplaces;\n\n(g) whether other languages are spoken by the employees.\n\n","sortOrder":65},{"sectionNumber":"50","sectionType":"section","heading":"Guidelines for negotiations involving multiple employers","content":"\t50 Guidelines for negotiations involving multiple employers\n\n(1) The Authority may publish guidelines about conducting negotiations concerning designated work groups (including negotiations for a variation of an agreement) under this Division.\n\n(2) The parties to such negotiations must have regard to the guidelines (if any) in conducting those negotiations.\n\n","sortOrder":66},{"sectionNumber":"51","sectionType":"section","heading":"Withdrawal from negotiations or agreement involving multiple employers","content":"\t51 Withdrawal from negotiations or agreement involving multiple employers\n\n(1) A party to a negotiation for an agreement, or to an agreement, concerning a designated work group under this Division may withdraw from the negotiation or agreement at any time by giving reasonable notice (in writing) to the other parties.\n\n(2) If a party withdraws from an agreement concerning a designated work group under this Division—\n\n(a) the other parties must negotiate a variation to the agreement in accordance with section 48; and\n\n(b) the withdrawal does not affect the validity of the agreement between the other parties in the meantime.\n\n","sortOrder":67},{"sectionNumber":"52","sectionType":"section","heading":"Effect of Division on other arrangements","content":"\t52 Effect of Division on other arrangements\n\nTo avoid doubt, nothing in this Division affects the capacity of two or more employers and their employees to enter into other agreements or make other arrangements, in addition to complying with this Part, concerning the representation of those employees.\n\nDivision 3—Prohibition on coercion relating to designated work groups\n\n","sortOrder":68},{"sectionNumber":"53","sectionType":"section","heading":"Prohibition on coercion","content":"\t53 Prohibition on coercion\n\n(1) A person must not coerce or attempt to coerce another person—\n\n(a) not to make, or to withdraw, a request under section 43; or\n\n(b) in the conduct of negotiations concerning a designated work group or groups (including negotiations for a variation of an agreement) under Division 1 or 2; or\n\n(c) in relation to the other person being represented in such negotiations.\n\n(2) The Magistrates' Court may grant an injunction requiring a person not to contravene or to cease contravening subsection (1).\n\n(3) If a court convicts a person or finds a person guilty of an offence against subsection (1), the court may make any order that it considers appropriate relating to the validity of all or part of an agreement under Division 1 or 2 (as the case may be).\n\nDivision 4—Health and safety representatives\n\n","sortOrder":69},{"sectionNumber":"54","sectionType":"section","heading":"Election of health and safety representatives","content":"\t54 Election of health and safety representatives\n\n(1) A health and safety representative for a designated work group is to be elected by the members of the designated work group.\n\n(2) A person is—\n\n(a) only eligible to be elected as a health and safety representative for a designated work group if he or she is a member of that group; and\n\n(b) not eligible to be elected as a health and safety representative if he or she is disqualified under section 56 from acting as a health and safety representative.\n\n(3) All members of the designated work group are entitled to vote in an election.\n\n(4) The members of the designated work group may determine how an election is to be conducted (subject to subsection (5)) but, if they do not reach agreement within a reasonable time, any member may ask the Authority to arrange for an inspector to—\n\n(a) conduct the election; or\n\n(b) if the inspector considers it appropriate, appoint another person to conduct the election.\n\n(5) An election must be conducted in accordance with the procedures (if any) prescribed by the regulations.\n\n(6) If the number of candidates for election as a health and safety representative equals the number of vacancies, the election need not be conducted and each candidate is to be taken to have been elected as a health and safety representative for the designated work group.\n\n","sortOrder":70},{"sectionNumber":"55","sectionType":"section","heading":"Term of office","content":"\t55 Term of office\n\n(1) A health and safety representative for a designated work group holds office for the following period (not exceeding 3 years)—\n\n(a) the period agreed, or determined by an inspector under section 45, when the particulars of the designated work group were determined;\n\n(b) that period as varied under section 44 or 48—\n\nstarting on the day on which the representative is elected.\n\n(2) However, a person ceases to hold office as a health and safety representative for a designated work group if—\n\n(a) the person ceases to be a member of the designated work group; or\n\n(b) the person is disqualified under section 56 from acting as a health and safety representative; or\n\n(c) the person resigns as the health and safety representative by giving written notice to the employer, or any of the employers, concerned; or\n\n(d) a majority of the members of the designated work group resolve (in writing) that the person should no longer represent the designated work group but only if the person has held office for at least 12 months; or\n\n(e) the designated work group is varied unless, as part of the variation, it is agreed or an inspector determines under section 45 that the variation is not to affect the remaining term of office of that health and safety representative.\n\n(3) A health and safety representative is eligible for re-election.\n\n","sortOrder":71},{"sectionNumber":"56","sectionType":"section","heading":"Disqualification of health and safety representatives","content":"\t56 Disqualification of health and safety representatives\n\n(1) An employer may apply to the Magistrates' Court to have a health and safety representative disqualified on the ground that the representative has done any of the following things intending to cause harm to the employer or the undertaking of the employer—\n\n(a) issued a provisional improvement notice to the employer or an employee of the employer in circumstances where the representative could not reasonably have held the belief referred to in section 60;\n\n(b) issued a direction to cease work under section 74;\n\n(c) exercised any other power under this Part;\n\n(d) used any information he or she acquired from the employer for a purpose that is not connected with his or her exercise of a power under this Part.\n\n(2) If the Magistrates' Court is satisfied that the ground in subsection (1) is established, it may disqualify the health and safety representative for a specified period or permanently.\n\n(3) For the purpose of determining what (if any) action to take under subsection (2), the Magistrates' Court must take into account—\n\n(a) what (if any) harm was caused to the employer or the undertaking of the employer by or as a result of the action of the health and safety representative; and\n\n(b) the past record of the health and safety representative in exercising powers under this Part.\n\n","sortOrder":72},{"sectionNumber":"57","sectionType":"section","heading":"Deputy health and safety representatives","content":"\t57 Deputy health and safety representatives\n\n(1) Each deputy health and safety representative for a designated work group is to be elected in the same way as a health and safety representative for the designated work group.\n\n(2) If the health and safety representative for a designated work group ceases to hold office or is unable (because of absence or any other reason) to exercise the powers of a health and safety representative under this Part—\n\n(a) the powers may be exercised by a deputy health and safety representative (if any) for the designated work group; and\n\n(b) this Act (other than this section) applies in relation to the deputy health and safety representative accordingly.\n\n(3) Sections 55, 56 and 67 apply to deputy health and safety representatives in the same way as they apply to health and safety representatives.\n\nThose sections deal with term of office, disqualification of health and safety representatives and the obligation of employers to train health and safety representatives.\n\nDivision 5—Powers of health and safety representatives\n\n","sortOrder":73},{"sectionNumber":"58","sectionType":"section","heading":"Powers of health and safety representatives","content":"\t58 Powers of health and safety representatives\n\n(1) A health and safety representative for a designated work group may do any of the following—\n\n(a) inspect any part of a workplace at which a member of the designated work group works—\n\n(i) at any time after giving reasonable notice to the employer concerned or its representative; and\n\n(ii) immediately in the event of an incident or any situation involving an immediate risk to the health or safety of any person;\n\nS. 58(1)(ab) inserted by No. 36/2021 s. 29.\n\n(ab) take photographs or measurements or make sketches or recordings at any part of a workplace at which a member of the designated work group works, other than during an interview under paragraph (d) or (e);\n\n(b) accompany an inspector during an inspection of a workplace at which a member of the designated work group works;\n\n(c) require the establishment of a health and safety committee;\n\n(d) if a member of the designated work group consents, be present at an interview concerning occupational health and safety between—\n\n(i) the member and an inspector; or\n\n(ii) the member and the employer concerned or its representative;\n\n(e) if the health and safety representative is authorised to represent a person mentioned in section 44(1)(e) or 48(1)(e) and that person consents, be present at an interview concerning occupational health and safety between—\n\n(i) the person and an inspector; or\n\n(ii) the person and the employer concerned or its representative;\n\n(f) whenever necessary, seek the assistance of any person.\n\n(2) However, a health and safety representative may do those things only for the purpose of—\n\n(a) representing the members of the designated work group, or persons mentioned in section 44(1)(e) or 48(1)(e) whom the representative is authorised to represent, concerning health or safety; or\n\n(b) monitoring the measures taken by the employer or employers in compliance with this Act or the regulations; or\n\n(c) enquiring into anything that poses, or may pose, a risk to the health or safety of members of the designated work group, or of persons mentioned in section 44(1)(e) or 48(1)(e) whom the representative is authorised to represent, at the workplace or workplaces or arising from the conduct of the undertaking of the employer or undertakings of the employers; or\n\n(d) attempting to resolve (in accordance with section 73) with the employer concerned or its representative any issues concerning the health or safety of members of the designated work group, or of persons mentioned in section 44(1)(e) or 48(1)(e) whom the representative is authorised to represent, that arise at the workplace or workplaces or from the conduct of the undertaking of the employer.\n\n(3) Nothing in this Act or the regulations imposes, or is to be taken to impose, a function or duty on a health and safety representative in that capacity.\n\n","sortOrder":74},{"sectionNumber":"59","sectionType":"section","heading":"Powers generally limited to the particular designated work group","content":"\t59 Powers generally limited to the particular designated work group\n\nA health and safety representative for a designated work group may exercise powers under this Part only in respect of matters that affect, or may affect, members of that group, or persons mentioned in section 44(1)(e) or 48(1)(e) whom the representative is authorised to represent, unless—\n\n(a) there is an immediate risk to health or safety that affects or may affect a member of another designated work group; or\n\n(b) a member of another designated work group asks for the representative's assistance—\n\nand it is not feasible for the representative to refer the matter to a health and safety representative for the other designated work group.\n\n","sortOrder":75},{"sectionNumber":"60","sectionType":"section","heading":"Provisional improvement notices","content":"\t60 Provisional improvement notices\n\n(1) If a health and safety representative believes on reasonable grounds that a person—\n\n(a) is contravening a provision of this Act or the regulations; or\n\n(b) has contravened such a provision in circumstances that make it likely that the contravention will continue or be repeated—\n\nthe health and safety representative may issue to the person a provisional improvement notice requiring the person to remedy the contravention or likely contravention or the matters or activities causing the contravention or likely contravention.\n\nS. 60(2) amended by No. 36/2021 s. 15.\n\n(2) However, the health and safety representative may only do so after consulting with the person or, if the person is a body corporate, an employee, agent or officer of the body corporate, about remedying the contravention or likely contravention or the matters or activities causing the contravention or likely contravention.\n\n(3) A provisional improvement notice must—\n\n(a) state the representative's belief on which the issue of the notice is based and the grounds for that belief; and\n\n(b) specify the provision of this Act or the regulations that the representative considers has been or is likely to be contravened; and\n\n(c) specify a day (at least 8 days after the day on which the notice is issued) before which the person is required to remedy the contravention or likely contravention or the matters or activities causing the contravention or likely contravention.\n\nFor service of provisional improvement notices, see section 64.\n\n(4) A person to whom a provisional improvement notice is issued must—\n\n(a) if the person is an employee, bring the notice to the attention of his or her employer; or\n\n(b) if the person is not an employee or is an employer who is given a copy of the notice in accordance with paragraph (a)—\n\n(i) bring the notice to the attention of each other person whose work is affected by the notice; and\n\n(ii) display a copy of the notice in a prominent place at or near the workplace, or part of the workplace, at which work is being performed that is affected by the notice.\n\n","sortOrder":76},{"sectionNumber":"61","sectionType":"section","heading":"Provisional improvement notices may include directions","content":"\t61 Provisional improvement notices may include directions\n\n(1) A provisional improvement notice may include directions on the measures to be taken to remedy the contravention or likely contravention, or the matters or activities causing the contravention or likely contravention, to which the notice relates.\n\n(2) A direction may—\n\n(a) refer to a compliance code; and\n\n(b) offer the person to whom it is issued a choice of ways in which to remedy the contravention, likely contravention, matters or activities.\n\n","sortOrder":77},{"sectionNumber":"62","sectionType":"section","heading":"Offence to contravene a provisional improvement notice","content":"\t62 Offence to contravene a provisional improvement notice\n\n(1) A person must comply with a provisional improvement notice issued to him or her in relation to which an inspector has not been required under section 63 to attend at the workplace.\n\nNote to s. 62(2) amended by No. 68/2009 s. 97(Sch. item 90.13).\n\n","sortOrder":78},{"sectionNumber":"63","sectionType":"section","heading":"Attendance of inspector at workplace after issue of provisional improvement notice","content":"\t63 Attendance of inspector at workplace after issue of provisional improvement notice\n\n(1) Within 7 days after a provisional improvement notice is issued to a person—\n\n(a) the person to whom it was issued; or\n\n(b) if the person is an employee, his or her employer—\n\nmay ask the Authority to arrange for an inspector to attend at the workplace to enquire into the circumstances the subject of the notice.\n\n(2) The Authority must ensure that an inspector attends the workplace as soon as possible after the request is made and before the day specified in the notice as being the day by which the notice must be complied with.\n\n(3) The inspector must, as soon as possible—\n\n(a) enquire into the circumstances the subject of the provisional improvement notice; and\n\n(b) affirm (with or without modifications) or cancel the provisional improvement notice by giving written notice to the health and safety representative who issued it and the person to whom it was issued.\n\n(4) The inspector may perform any of his or her functions or exercise any of his or her powers under this Act that the inspector considers reasonably necessary in the circumstances.\n\n(5) A notice under subsection (3)(b) must set out—\n\n(a) the basis for the inspector's decision to affirm or cancel the provisional improvement notice; and\n\n(b) if the provisional improvement notice is affirmed, the penalty for contravening that notice; and\n\n(c) how the person may seek review of the inspector's decision.\n\n(6) A person to whom a provisional improvement notice was issued that is affirmed by an inspector under this section must comply with the provisional improvement notice.\n\n(7) An offence against subsection (6) is an indictable offence.\n\nNote to s. 63(7) amended by No. 68/2009 s. 97(Sch. item 90.14).\n\nS. 64 (Heading) amended by No. 36/2021 s. 16(1).\n\nS. 64 amended by No. 48/2017 s. 14(3) (ILA s. 39B(1)).\n\n","sortOrder":79},{"sectionNumber":"64","sectionType":"section","heading":"Issue etc. of provisional improvement notice or inspector's notice","content":"\t64 Issue etc. of provisional improvement notice or inspector's notice\n\n(1) A provisional improvement notice, or notice given by an inspector under section 63(3)(b), may be issued or given to a person by—\n\n(a) delivering it personally to the person or sending it by post or facsimile to the person's usual or last known place of residence or business; or\n\n(b) leaving it for the person at the person's usual or last known place of residence or business with a person who is apparently over 16 years and who apparently resides or works there; or\n\nS. 64(1)(c) amended by No. 48/2017 s. 14(1).\n\n(c) leaving it for the person at the workplace to which the notice relates with a person who is apparently over 16 years and who is apparently the occupier for the time being of the workplace; or\n\nS. 64(1)(d) inserted by No. 48/2017 s. 14(2), amended by No. 36/2021 s. 16(2).\n\n(d) if the person to whom the notice is to be issued or given is not a body corporate, sending it by electronic communication to the person at the person's usual or last known electronic address; or\n\nS. 64(1)(e) inserted by No. 48/2017 s. 14(2).\n\n(e) if the person is an employer registered under section 434 of the **Workplace Injury Rehabilitation and Compensation Act 2013**, sending it by post or electronic communication to the last address for service shown on a communication from the employer to the Authority.\n\nS. 64(2) inserted by No. 48/2017 s. 14(3), substituted by No. 36/2021 s. 16(3).\n\n(2) In addition to subsection (1), if the person to whom a notice is to be issued or given is a body corporate, the notice may be issued or given by—\n\n(a) delivering it personally to the head office, registered office or principal place of business of the body corporate; or\n\n(b) sending it by post to the head office, registered office or principal place of business of the body corporate; or\n\n(c) sending it by electronic communication to an employee, agent or officer of the body corporate.\n\nS. 64(3) inserted by No. 48/2017 s. 14(3), amended by No. 49/2018 s. 20(1).\n\n(3) Subject to subsection (4), this section is in addition to, and not in derogation from, the **Interpretation of Legislation Act 1984**, the **Electronic Transactions (Victoria)  \nAct 2000** and sections 109X and 601CX of the Corporations Act.\n\nS. 64(4) inserted by No. 49/2018 s. 20(2), amended by No. 36/2021 s. 16(4).\n\n(4) Section 8(1) and (2) of the **Electronic Transactions (Victoria) Act 2000** do not apply to the issue or giving of a notice by electronic communication under this section.\n\n","sortOrder":80},{"sectionNumber":"65","sectionType":"section","heading":"Formal irregularities or defects in provisional improvement notices","content":"\t65 Formal irregularities or defects in provisional improvement notices\n\nA provisional improvement notice, or notice given by an inspector under section 63(3)(b), is not invalid merely because of—\n\n(a) a formal defect or irregularity in the notice unless the defect or irregularity causes or is likely to cause substantial injustice; or\n\n(b) a failure to use the correct name of the person to whom the notice is issued if the notice sufficiently identifies the person and is issued to the person in accordance with section 64.\n\n","sortOrder":81},{"sectionNumber":"66","sectionType":"section","heading":"Proceedings for offences not affected by notices","content":"\t66 Proceedings for offences not affected by notices\n\nThe issue, variation or cancellation of a provisional improvement notice, or notice given by an inspector under section 63(3)(b), does not affect any proceedings for an offence against this Act or the regulations in connection with any matter in respect of which the notice was issued.\n\nDivision 6—Obligations of employers to health and safety representatives\n\n","sortOrder":82},{"sectionNumber":"67","sectionType":"section","heading":"Obligation to train health and safety representatives","content":"\t67 Obligation to train health and safety representatives\n\n(1) An employer must, if requested by a health and safety representative for a designated work group of which employees of the employer are members, allow the representative to attend the following courses—\n\n(a) an initial course of training in occupational health and safety after being elected;\n\n(b) a refresher course at least once in each year, after completing the initial course of training, that he or she holds office.\n\n(2) A request to attend a course must not be made less than 14 days before the course is to start.\n\n(3) A course must be—\n\n(a) approved or conducted by the Authority; and\n\n(b) relevant to the work of the members of the designated work group or the role of health and safety representatives; and\n\n(c) subject to subsection (5), chosen by the health and safety representative in consultation with the employer.\n\n(4) The employer must—\n\n(a) allow each health and safety representative time off work to attend the courses with such pay as he or she would otherwise be entitled to receive from the employer for working during that period; and\n\n(b) pay the costs associated with each health and safety representative's attendance at the courses.\n\nIf the health and safety representative represents a designated work group of the employees of more than one employer, section 68 provides for the apportionment of those costs among the employers.\n\n(5) If an employer refuses to allow a health and safety representative to attend a course or they cannot agree on a particular course, the representative may ask the Authority to determine a specified course that the representative may attend for the purposes of subsection (1)(a) or (b).\n\n(6) A determination must be in writing and the Authority must ensure that it is not made less than 14 days before the specified course is to start.\n\n(7) An employer who, without reasonable excuse, refuses to allow a health and safety representative to attend a course specified in such a determination is guilty of an offence and liable to a fine not exceeding—\n\n(a) in the case of a natural person, 60 penalty units; or\n\n(b) in the case of a body corporate, 300 penalty units.\n\n(8) If—\n\n(a) a health and safety representative represents a designated work group of the employees of more than one employer; and\n\n(b) any of those employers has complied with this section in respect of the representative—\n\neach of those employers is to be taken to have complied with this section in respect of the representative.\n\n","sortOrder":83},{"sectionNumber":"68","sectionType":"section","heading":"Obligation to share costs if multiple employers","content":"\t68 Obligation to share costs if multiple employers\n\n(1) If a health and safety representative, or deputy health and safety representative (if any), represents a designated work group of the employees of more than one employer—\n\n(a) the costs of the representative exercising powers under this Part; and\n\n(b) the costs mentioned in section 67(4)(b)—\n\nfor which any of the employers are liable must be apportioned equally between each of the employers unless they agree otherwise.\n\n(2) An agreement to apportion the costs in another way may be varied at any time by negotiation between each employer.\n\n","sortOrder":84},{"sectionNumber":"69","sectionType":"section","heading":"Other obligations of employers to health and safety representatives","content":"\t69 Other obligations of employers to health and safety representatives\n\n(1) An employer, any of whose employees are members of a designated work group must—\n\n(a) allow a health and safety representative for the designated work group to have access to information that the employer has relating to—\n\n(i) actual or potential hazards arising from the conduct of the undertaking of the employer or the plant or substances used for the purposes of that undertaking; and\n\n(ii) the health and safety of the members of the designated work group, or persons mentioned in section 44(1)(e) or 48(1)(e) whom the health and safety representative is authorised to represent;\n\n(b) if a member of the designated work group consents, allow a health and safety representative for that group to be present at an interview concerning occupational health and safety between—\n\n(i) the member and an inspector; and\n\n(ii) the member and the employer or its representative;\n\n(c) if the health and safety representative is authorised to represent a person mentioned in section 44(1)(e) or 48(1)(e) and that person consents, be present at an interview concerning occupational health and safety between—\n\n(i) the person and an inspector; or\n\n(ii) the person and the employer or its representative;\n\n(d) allow a health and safety representative for the designated work group to take such time off work with pay as is necessary or prescribed by the regulations for—\n\n(i) exercising his or her powers under this Part; or\n\n(ii) taking part in any course of training (other than a course of training covered by section 67) relating to occupational health and safety that is approved or conducted by the Authority and of which the employer is given at least 14 days' notice;\n\n(e) provide such other facilities and assistance to a health and safety representative for the designated work group as are necessary or prescribed by the regulations to enable the representative to exercise his or her powers under this Part.\n\n(2) Despite subsection (1), an employer must not allow a health and safety representative to have access to any medical information concerning an employee without the employee's consent unless the information is in a form—\n\n(a) that does not identify the employee; or\n\n(b) from which the employee's identity cannot reasonably be ascertained.\n\nAn employer must not discriminate against an employee, or subject or threaten to subject an employee to any detriment, because the employee is acting or has acted as a health and safety representative (see Division 9).\n\n","sortOrder":85},{"sectionNumber":"70","sectionType":"section","heading":"Obligation to persons assisting health and safety representatives","content":"\t70 Obligation to persons assisting health and safety representatives\n\n(1) An employer, any of whose employees are members of a designated work group must allow a person assisting a health and safety representative access to the workplace unless the employer considers that the person is not a suitable person to assist the representative because of insufficient knowledge of occupational health and safety.\n\n(2) If an employer does not allow a person assisting a health and safety representative access to the workplace, the representative may apply to the Magistrates' Court for an order—\n\n(a) directing the employer to allow that access; and\n\n(b) specifying the terms and conditions of that access.\n\n","sortOrder":86},{"sectionNumber":"71","sectionType":"section","heading":"Obligation to keep list of health and safety representatives","content":"\t71 Obligation to keep list of health and safety representatives\n\nAn employer must ensure that—\n\n(a) a written list of each health and safety representative and deputy health and safety representative for each designated work group (if any) of the employees of the employer is prepared and kept up-to-date; and\n\n(b) a copy of the list is displayed at each workplace under the management and control of the employer or otherwise readily accessible to all employees of the employer.\n\n","sortOrder":87},{"sectionNumber":"Div 7","sectionType":"division","heading":"Health and safety committees","content":"Division 7—Health and safety committees\n\n","sortOrder":88},{"sectionNumber":"72","sectionType":"section","heading":"Health and safety committees","content":"\t72 Health and safety committees\n\n(1) An employer must establish a health and safety committee in accordance with this section—\n\n(a) within 3 months after being requested to do so by a health and safety representative; or\n\n(b) if required by the regulations to do so.\n\nAn employer is required to consult employees on the membership of the committee (see Part 4).\n\n(2) At least half of the members of a health and safety committee must be employees (and, so far as practicable, health and safety representatives or deputy health and safety representatives) of the employer.\n\n(3) The functions of a health and safety committee are—\n\n(a) to facilitate co-operation between the employer and employees in instigating, developing and carrying out measures designed to ensure the health and safety at work of the employees; and\n\n(b) to formulate, review and disseminate (in other languages if appropriate) to the employees the standards, rules and procedures relating to health and safety that are to be carried out or complied with at the workplace; and\n\n(c) such other functions as are prescribed by the regulations or agreed between the employer and the committee.\n\n(4) A health and safety committee must meet—\n\n(a) at least once every 3 months; and\n\n(b) at any other time if at least half of its members require a meeting.\n\n(5) Subject to this Act and the regulations, a health and safety committee may determine its own procedures.\n\n","sortOrder":89},{"sectionNumber":"Div 8","sectionType":"division","heading":"Resolution of health and safety issues","content":"Division 8—Resolution of health and safety issues\n\n","sortOrder":90},{"sectionNumber":"73","sectionType":"section","heading":"Resolution of health and safety issues","content":"\t73 Resolution of health and safety issues\n\n(1) If an issue concerning health or safety arises at a workplace or from the conduct of the undertaking of an employer—\n\n(a) the employer or its representative; and\n\n(b) the employees affected by the issue or, if there is a designated work group in relation to which the issue has arisen, the health and safety representative for that group—\n\nmust attempt to resolve the issue in accordance with the relevant agreed procedure or, if there is no such procedure, the relevant procedure prescribed by the regulations.\n\nIf the issue is not resolved within a reasonable time, any of the parties attempting to resolve it may ask the Authority to arrange for an inspector to attend at the workplace to enquire into the issue (see section 75).\n\n(2) An employer must ensure that its representative (if any) for the purposes of subsection (1)(a)—\n\n(a) is not a health and safety representative; and\n\n(b) has an appropriate level of seniority, and is sufficiently competent, to act as the employer's representative.\n\n","sortOrder":91},{"sectionNumber":"74","sectionType":"section","heading":"Direction to cease work","content":"\t74 Direction to cease work\n\n(1) If—\n\n(a) an issue concerning health or safety arises at a workplace or from the conduct of the undertaking of an employer; and\n\n(b) the issue concerns work which involves an immediate threat to the health or safety of any person; and\n\n(c) given the nature of the threat and degree of risk, it is not appropriate to adopt the processes set out in section 73—\n\nthe employer or the health and safety representative for the designated work group in relation to which the issue has arisen may, after consultation between them, direct that the work is to cease.\n\n(2) During any period for which work has ceased in accordance with such a direction, the employer may assign any employees whose work is affected to suitable alternative work.\n\nAny of the parties attempting to resolve the issue may require an inspector to attend the workplace (see section 75).\n\n","sortOrder":92},{"sectionNumber":"75","sectionType":"section","heading":"Inspector may be required to attend workplace","content":"\t75 Inspector may be required to attend workplace\n\n(1) If an issue is not resolved under section 73 within a reasonable time, or an issue is the subject of a direction under section 74 that work is to cease, any of the parties attempting to resolve the issue may ask the Authority to arrange for an inspector to attend at the workplace to enquire into the issue.\n\n(2) The Authority must ensure that an inspector attends at the workplace as soon as possible after the request is made.\n\n(3) The inspector must, as soon as possible, enquire into the issue and may perform any of his or her functions or exercise any of his or her powers under this Act that the inspector considers reasonably necessary in the circumstances.\n\n(4) If—\n\n(a) the inspector issues a prohibition notice; or\n\n(b) otherwise determines (in writing) that there was reasonable cause for employees to be concerned for their health or safety—\n\nan employee who, as a result of the issue arising, does not work for any period pending its resolution but would otherwise be entitled to be paid for that period continues to be entitled to be paid for that period.\n\n(5) A dispute concerning an entitlement under subsection (4) may be referred to the Magistrates' Court or to any other court or tribunal that has jurisdiction in relation to the matter.\n\n","sortOrder":93},{"sectionNumber":"Div 9","sectionType":"division","heading":"Discrimination against employees or prospective employees","content":"Division 9—Discrimination against employees or prospective employees\n\nPt 7 Div. 9 Subdiv. 1 (Heading) inserted by No. 34/2009 s. 5.\n\n","sortOrder":94},{"sectionNumber":"Subdiv 1","sectionType":"subdivision","heading":"Criminal offences and proceedings","content":"Subdivision 1—Criminal offences and proceedings\n\n","sortOrder":95},{"sectionNumber":"76","sectionType":"section","heading":"Prohibition on discrimination","content":"\t76 Prohibition on discrimination\n\n(a) an employer who dismisses an employee, injures an employee in the employment of the employer or alters the position of an employee to the employee's detriment; and\n\n(b) an employer who threatens to do any of those things to an employee; and\n\n(c) an employer or prospective employer who refuses or fails to offer employment to a prospective employee, or treats a prospective employee less favourably than another prospective employee would be treated in offering terms of employment.\n\n(2) The employer or prospective employer is guilty of an indictable offence if the employer or prospective employer engaged in that conduct because the employee or prospective employee (as the case may be)—\n\n(a) is or has been a health and safety representative or a member of a health and safety committee; or\n\n(b) exercises or has exercised a power as a health and safety representative or as a member of a health and safety committee; or\n\nS. 76(2)(c) amended by Nos 34/2009 s. 4(1), 48/2017 s. 15(1).\n\n(c) assists or has assisted, or gives or has given any information to, an inspector, the Authority, an authorised representative of a registered employee organisation, a health and safety representative or a member of a health and safety committee; or\n\nS. 76(2)(d) amended by Nos 34/2009 s. 4(2), 48/2017 s. 15(2).\n\n(d) raises or has raised an issue or concern about health or safety to the employer, an inspector, the Authority, an authorised representative of a registered employee organisation, a health and safety representative, a member of a health and safety committee or an employee of the employer.\n\n1 The effect of section 57(2)(b) is that a reference to a health and safety representative includes a reference to a deputy health and safety representative.\n\nNote 2 to s. 76(2) amended by No. 68/2009 s. 97(Sch. item 90.15).\n\n2 The offence may be heard and determined summarily (see section 28 of the **Criminal Procedure Act 2009**).\n\n(3) An employer or prospective employer may be guilty of an offence against subsection (2) only if the reason mentioned in subsection (2)(a), (b), (c) or (d) is the dominant reason why the employer or prospective employer engaged in the conduct.\n\n(4) An employer or prospective employer who is guilty of an offence against subsection (2) is liable to—\n\nS. 76(4)(a) substituted by No. 34/2009 s. 4(3).\n\n(a) in the case of a natural person, a fine not exceeding 500 penalty units; and\n\n(b) in the case of a body corporate, a fine not exceeding 2500 penalty units.\n\nS. 77 (Heading) amended by No. 68/2009 s. 97(Sch. item 90.16).\n\nS. 77 amended by No. 68/2009 s. 97(Sch. item 90.17).\n\n","sortOrder":96},{"sectionNumber":"77","sectionType":"section","heading":"Accused bears onus of proof","content":"\t77 Accused bears onus of proof\n\nIn proceedings for an offence against section 76, if all the facts constituting the offence other than the reason for the conduct of the accused are proved, the accused bears the onus of proving that the reason alleged in the charge was not the dominant reason why the accused engaged in the conduct.\n\n","sortOrder":97},{"sectionNumber":"78","sectionType":"section","heading":"Order for damages or reinstatement","content":"\t78 Order for damages or reinstatement\n\nIf an employer or prospective employer is convicted or found guilty of an offence against section 76, the court may (in addition to imposing a penalty) make either or both of the following orders—\n\n(a) an order that the offender pay (within a specified period) such damages to the employee or prospective employee against whom the offender discriminated as the court considers appropriate to compensate him or her;\n\n(b) an order that—\n\n(i) the employee be reinstated or re‑employed in his or her former position or, if that position is not available, in a similar position; or\n\n(ii) the prospective employee be employed in the position for which he or she had applied or a similar position.\n\nPt 7 Div. 9 Subdiv. 2 (Heading and ss 78A–78E) inserted by No. 34/2009 s. 6.\n\n","sortOrder":98},{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"Civil actions for discriminatory conduct","content":"Subdivision 2—Civil actions for discriminatory conduct\n\nS. 78A inserted by No. 34/2009 s. 6.\n\n","sortOrder":99},{"sectionNumber":"78A","sectionType":"section","heading":"Prohibition of discriminatory conduct","content":"\t78A Prohibition of discriminatory conduct\n\n(1) An employer or prospective employer must not engage in ***discriminatory conduct*** for a prohibited reason.\n\n(2) For the purposes of this subdivision, an employer or prospective employer engages in discriminatory conduct if—\n\n(a) the employer of an employee—\n\n(i) dismisses the employee, injures an employee in the employment of the employer or alters the position of the employee to the employee's detriment; or\n\n(ii) threatens to do any of those things to the employee; or\n\n(b) the employer or prospective employer of the prospective employee refuses or fails to offer employment to the prospective employee, or treats the prospective employee less favourably than another prospective employee would be treated in offering terms of employment.\n\nS. 78B inserted by No. 34/2009 s. 6.\n\n","sortOrder":100},{"sectionNumber":"78B","sectionType":"section","heading":"Prohibited reasons","content":"\t78B Prohibited reasons\n\n(1) Conduct referred to in section 78A is for a ***prohibited reason*** if it is carried out because the employee or prospective employee—\n\n(a) is or has been a health and safety representative or a member of a health and safety committee; or\n\n(b) exercises or has exercised a power as a health and safety representative or as a member of a health and safety committee; or\n\nS. 78B(1)(c) amended by No. 48/2017 s. 16(1).\n\n(c) assists or has assisted, or gives or has given any information to, an inspector, the Authority, an authorised representative of a registered employee organisation, a health and safety representative or a member of a health and safety committee; or\n\nS. 78B(1)(d) amended by No. 48/2017 s. 16(2).\n\n(d) raises or has raised an issue or concern about health and safety to an employer, an inspector, the Authority, an authorised representative of a registered employee organisation, a health and safety representative, a member of a health and safety committee or an employee of the employer.\n\n(2) For the purposes of section 78A, an employer or prospective employer may be found to have engaged in discriminatory conduct for a prohibited reason if a reason mentioned in subsection (1) is a substantial reason for the conduct.\n\nS. 78C inserted by No. 34/2009 s. 6.\n\n","sortOrder":101},{"sectionNumber":"78C","sectionType":"section","heading":"Prohibition of authorising or assisting discriminatory conduct","content":"\t78C Prohibition of authorising or assisting discriminatory conduct\n\nA person must not request, instruct, induce, encourage, authorise or assist an employer or prospective employer to engage in discriminatory conduct in contravention of section 78A.\n\nS. 78D inserted by No. 34/2009 s. 6.\n\n","sortOrder":102},{"sectionNumber":"78D","sectionType":"section","heading":"Civil action for discriminatory conduct","content":"\t78D Civil action for discriminatory conduct\n\n(1) An eligible person may apply to the Industrial Division of the Magistrates' Court for an order under this section.\n\n(2) The Industrial Division of the Magistrates' Court may make one or more of the following orders in relation to an employer or prospective employer who has contravened section 78A—\n\n(a) an order that the employer or prospective employer pay (within a specified period) such damages to the employee or prospective employee who was the subject of the discriminatory conduct as the Court considers appropriate to compensate the employee or prospective employee;\n\n(b) an order that—\n\n(i) the employee be reinstated or re-employed in the employee's former position or, if that position is not available, in a similar position; or\n\n(ii) the prospective employee be employed in the position for which the prospective employee had applied or a similar position;\n\n(c) any other order that the Court considers appropriate.\n\n(3) The Industrial Division of the Magistrates' Court may make one or more of the following orders in relation to a person who has contravened section 78C—\n\nS. 78D(3)(a) amended by No. 68/2009 s. 97(Sch. item 90.18).\n\n(a) an order that the accused pay (within a specified period) such damages to the person who was the subject of the discriminatory conduct as the Court considers appropriate to compensate the person;\n\n(b) any other order that the Court considers appropriate.\n\n(4) The orders that may be made under subsections (2)(c) or (3)(b) include—\n\n(a) injunctions; and\n\n(b) any other orders that the Industrial Division of the Magistrates' Court considers necessary to stop the conduct or remedy its effects.\n\n(5) For the purposes of this section, each of the following is an ***eligible person***—\n\n(a) a person affected by the contravention;\n\n(b) another person authorised to represent a person referred to in paragraph (a).\n\n(6) Nothing in this section is to be construed as limiting any other power of the Industrial Division of the Magistrates' Court.\n\nS. 78E inserted by No. 34/2009 s. 6.\n\n","sortOrder":103},{"sectionNumber":"78E","sectionType":"section","heading":"Procedure for actions for discriminatory conduct","content":"\t78E Procedure for actions for discriminatory conduct\n\n(1) A proceeding brought for contravention of section 78A or 78C must be commenced not more than 1 year after the date on which the plaintiff knew or ought to have known that the cause of action accrued.\n\nS. 78E(2) amended by No. 68/2009 s. 97(Sch. item 90.19).\n\n(2) In a proceeding for a contravention of section 78A or 78C, if all the facts constituting the alleged discriminatory conduct other than the reason for the conduct of the accused are proved, the accused bears the onus of proving that the reason alleged in the complaint was not a substantial reason for the conduct.\n\nS. 78E(3) amended by No. 68/2009 s. 97(Sch. item 90.20).\n\n(3) It is a defence to a proceeding for a contravention of section 78A or 78C if the accused proves that—\n\n(a) the conduct was reasonable in the circumstances; and\n\nS. 78E(3)(b) amended by No. 67/2013 s. 649(Sch. 9 item 25(4)).\n\n(b) a substantial reason for the conduct was to comply with the requirements of this Act or with the **Workplace Injury Rehabilitation and Compensation Act 2013**.\n\n(4) The making of an order in a proceeding for a contravention of section 78A does not prevent the bringing of a proceeding for an offence against section 76 in respect of the same conduct.\n\n(5) If the Industrial Division of the Magistrates' Court makes an order under section 78D in a proceeding for a contravention of section 78A, the court cannot make an order under section 78 in a proceeding for an offence against section 76 in respect of the same conduct.\n\n(6) If the court makes an order under section 78 in a proceeding for an offence against section 76, the Industrial Division of the Magistrates' Court cannot make an order under section 78D in a proceeding for a contravention of section 78A in respect of the same conduct.\n\nPart 8—Authorised representatives of registered employee organisations\n\nDivision 1—Definitions\n\n\t79 Definitions relating to registered employee organisations\n\nIn this Part—\n\nS. 79 def. of *committee of management* amended by No. 24/2009 s. 34(1)(a).\n\n***committee of management*** has the same meaning as in the Fair Work (Registered Organisations) Act 2009 of the Commonwealth;\n\nS. 79 def. of *Common-wealth Fair Work Act* inserted by No. 24/2009 s. 34(2).\n\n***Commonwealth Fair Work Act*** means the Fair Work Act 2009 of the Commonwealth\n\nS. 79 def. of *Fair Work Transition Act* inserted by No. 24/2009 s. 34(2).\n\n***Fair Work Transition Act*** means the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 of the Commonwealth;\n\nS. 79 def. of *office* and *officer* amended by No. 24/2009 s. 34(1)(b).\n\n***office*** and ***officer*** of a registered employee organisation have the same meanings as in the Fair Work (Registered Organisations) Act 2009 of the Commonwealth;\n\nS. 79 def. of *registered employee organisation* amended by No. 24/2009 s. 34(1)(c).\n\n***registered employee organisation*** means an organisation, of which some or all of the members are employees, that is registered, or taken to be registered, under the Fair Work (Registered Organisations) Act 2009 of the Commonwealth.\n\nDivision 2—Entry permits\n\n","sortOrder":104},{"sectionNumber":"80","sectionType":"section","heading":"Limit on number of entry permits held by authorised representatives","content":"\t80 Limit on number of entry permits held by authorised representatives\n\n(1) The Minister may, by notice published in the Government Gazette, make a determination limiting the number of persons who may hold an entry permit as an authorised representative of a registered employee organisation.\n\n(2) Before making the determination, the Minister must take into account the advice given by the Authority's Board of Management.\n\n","sortOrder":105},{"sectionNumber":"81","sectionType":"section","heading":"Who may hold an entry permit","content":"\t81 Who may hold an entry permit\n\nA person may only hold an entry permit as an authorised representative of a registered employee organisation if he or she—\n\n(a) is a permanent employee or officer of the organisation, whether engaged on a full-time or part-time basis; and\n\n(b) has satisfactorily completed a course of training approved (in writing) by the Authority for the purposes of this paragraph; and\n\n(c) is not disqualified from holding an entry permit by an order of the Magistrates' Court.\n\nFor disqualification orders, see section 85.\n\n","sortOrder":106},{"sectionNumber":"82","sectionType":"section","heading":"Courses of training for authorised representatives","content":"\t82 Courses of training for authorised representatives\n\n(1) The Authority must consult with the Occupational Health and Safety Advisory Committee before approving courses of training for the purposes of section 81.\n\n(2) The Authority must regularly review the approved courses of training to ensure they are appropriate for the purposes of this Part and, in doing so, must consult with the Occupational Health and Safety Advisory Committee.\n\n","sortOrder":107},{"sectionNumber":"83","sectionType":"section","heading":"Issue of entry permits","content":"\t83 Issue of entry permits\n\n(1) A member of the committee of management of a registered employee organisation, or of a branch of such an organisation, may apply to the Magistrates' Court for an entry permit to be issued to a person who is an officer or employee of the organisation as an authorised representative of the organisation.\n\n(2) An application for an entry permit must specify the person who is to hold the entry permit and include a statutory declaration or affidavit declaring or deposing—\n\n(a) that the person is qualified under section 81 to hold an entry permit; and\n\n(b) that the issue of the entry permit would not exceed the limit set out in the Minister's determination (if any) under section 80; and\n\n(c) whether—\n\n(i) any entry permits issued to the person have been revoked; or\n\n(ii) the person has been convicted or found guilty of an offence against this Part; or\n\n(iii) the person has been convicted or found guilty of any indictable offence within the previous 5 years.\n\n(3) The Magistrates' Court may issue an entry permit to a person if it is satisfied about each of the matters in subsections (2)(a) and (b) and has had regard to the matters in subsection (2)(c).\n\n(4) An entry permit must include the information (if any) prescribed by the regulations.\n\n(5) A person who holds an entry permit is an authorised representative of the registered employee organisation that applied for the permit.\n\n","sortOrder":108},{"sectionNumber":"84","sectionType":"section","heading":"Expiry of entry permits","content":"\t84 Expiry of entry permits\n\n(1) An entry permit issued to a person as an authorised representative of a registered employee organisation expires at the earlier of—\n\n(a) 3 years after it is issued; or\n\n(b) when the person ceases to be a permanent employee or officer of the organisation, whether engaged on a full-time or part-time basis; or\n\n(c) when the organisation ceases to be a registered employee organisation.\n\nAn entry permit may also be revoked (see section 85).\n\n(2) Before an entry permit has expired, an application may be made for the issue of a subsequent entry permit.\n\n","sortOrder":109},{"sectionNumber":"85","sectionType":"section","heading":"Revocation and disqualification","content":"\t85 Revocation and disqualification\n\n(1) The Authority or an employer may apply to the Magistrates' Court for an entry permit held by a person to be revoked because the person has—\n\n(a) in exercising or purporting to exercise a power under this Part—\n\nS. 85(1)(a)(i) amended by No. 48/2017 s. 17.\n\n(i) intentionally hindered or obstructed any employer or employee; or\n\n(ii) acted unreasonably or otherwise than for the purposes of exercising a power under this Part; or\n\n(b) intentionally used or disclosed, for a purpose not reasonably connected with the exercise of a power under this Part, information that was acquired from any employer or employee.\n\n(2) The applicant must give written notice of the application, setting out the grounds for it, to the person who holds the entry permit and the registered employee organisation concerned.\n\n(3) The person who holds the entry permit and the registered employee organisation are parties to the application.\n\n(4) If the Magistrates' Court is satisfied on the balance of probabilities about any of the matters in subsection (1)(a) or (b), it may make an order—\n\n(a) revoking the entry permit; and\n\n(b) if it considers it appropriate to do so, disqualifying the person from holding an entry permit for a specified period (of no more than 5 years).\n\n(5) In deciding what action to take under subsection (4), the Magistrates' Court must take into account—\n\n(a) the extent (if any) of harm, loss or damage caused; and\n\n(b) the person's past record in exercising powers under this Part as an authorised representative.\n\n","sortOrder":110},{"sectionNumber":"86","sectionType":"section","heading":"Return of expired or revoked entry permits","content":"\t86 Return of expired or revoked entry permits\n\nWithin 14 days after an entry permit expires or is revoked, the person to whom it was issued must return it to a registrar or deputy registrar of the Magistrates' Court.\n\nDivision 3—Entry by authorised representatives\n\n","sortOrder":111},{"sectionNumber":"87","sectionType":"section","heading":"Entry powers of authorised representatives","content":"\t87 Entry powers of authorised representatives\n\n(1) This section applies if an authorised representative of a registered employee organisation reasonably suspects that a contravention of this Act or the regulations has occurred or is occurring at a place that is a workplace and any of the following paragraphs applies—\n\n(a) the suspected contravention relates to or affects work that is being carried out by one or more members of the registered employee organisation or relates to or affects any of those members;\n\nS. 87(1)(b) substituted by No. 24/2009 s. 35(1).\n\n(b) the suspected contravention relates to or affects work that is being carried out by one or more persons whose employment is subject to a collective agreement, a certified agreement or an enterprise agreement, or relates to or affects any of those persons, and that agreement applies to the registered employee organisation;\n\nS. 87(1)(c) substituted by No. 24/2009 s. 35(1).\n\n(c) the suspected contravention relates to or affects work that is being carried out by one or more persons—\n\n(i) who are eligible to be members of the registered employee organisation; and\n\n(ii) whose employment is not subject to a collective agreement, a certified agreement or an enterprise agreement which applies to any registered employee organisation—\n\nor relates to or affects any of those persons.\n\n***Place*** is defined in section 5 as including a car, truck, ship, boat, airplane and any other vehicle.\n\n(2) The authorised representative may enter the place, during working hours, for the purpose only of enquiring into the suspected contravention.\n\n(3) Nothing in this section requires an authorised representative of a registered employee organisation to disclose to another person the names of persons who are members of that organisation.\n\nS. 87(4) substituted by No. 24/2009 s. 35(3).\n\n***certified agreement*** means a pre-reform certified agreement that continues in existence as a transitional instrument under the Fair Work Transition Act;\n\n***collective agreement*** means a workplace agreement that is a collective agreement that continues in existence as a transitional instrument under the Fair Work Transition Act;\n\n***enterprise agreement*** means an enterprise agreement made under the Commonwealth Fair Work Act.\n\nSection 90 provides certain limitations on the exercise of the powers conferred by this section.\n\n","sortOrder":112},{"sectionNumber":"88","sectionType":"section","heading":"Announcement on entry","content":"\t88 Announcement on entry\n\n(1) Immediately on entering a place under section 87, an authorised representative of a registered employee organisation must take all reasonable steps to give a notice to and produce his or her entry permit for inspection by—\n\n(a) the employer who has, or a person who on behalf of the employer has, the management and control of the work at the place; and\n\n(b) if members of a designated work group are affected in any way by the entry, a health and safety representative for that group.\n\n(2) The notice must be in the form approved (in writing) by the Authority and include a description of the suspected contravention.\n\n","sortOrder":113},{"sectionNumber":"89","sectionType":"section","heading":"Powers on entry","content":"\t89 Powers on entry\n\n(1) An authorised representative of a registered employee organisation who enters a place under section 87 may do any of the following but only to the extent that it is reasonable for the purpose of enquiring into the suspected contravention—\n\n(a) inspect any plant, substance or other thing at the place;\n\n(b) observe work carried on at the place;\n\nS. 89(1)(ba) inserted by No. 36/2021 s. 30.\n\n(ba) take photographs or measurements or make sketches or recordings at the place;\n\n(c) consult with one or more employees (with their consent) at the place who are members or are eligible to be members of the registered employee organisation;\n\n(d) consult with any employer at the place about anything relevant to the matter into which the representative is enquiring.\n\n(2) The authorised representative must produce his or her entry permit for inspection if asked to do so when exercising any of the powers under subsection (1).\n\n(3) If, while the authorised representative is at the place, an issue arises between the authorised representative and the employer who has, or a person who on behalf of the employer has, the management and control of the work at the place about the exercise of any of those powers, either of those persons may ask the Authority to arrange for an inspector to attend at the place to enquire into the issue.\n\n(4) The Authority must ensure that an inspector attends the place as soon as possible after the request is made and the inspector—\n\n(a) must as soon as possible enquire into the issue; and\n\n(b) may perform any of his or her functions or exercise any of his or her powers under this Act that the inspector considers reasonably necessary in the circumstances.\n\n","sortOrder":114},{"sectionNumber":"90","sectionType":"section","heading":"Limitations on exercise of powers","content":"\t90 Limitations on exercise of powers\n\n(1) Despite anything else in this Part, an authorised representative of a registered employee organisation is not entitled to exercise a power under this Part in respect of—\n\n(a) any part of a place that is used for residential purposes except with the consent of the occupier for the time being of the place; or\n\n(b) any part of a place to which access is limited to any extent, by or under another Act, to particular persons or circumstances the effect of which is that the authorised representative is precluded from entering the part of the place.\n\n(2) Despite anything else in this Part but subject to subsection (3), an authorised representative of a registered employee organisation is not entitled to exercise a power under this Part in respect of a place, except with the consent of the employer who has, or a person who on behalf of the employer has, the management and control of the work, if the exercise of that power would cause any work at the place to cease.\n\n(3) Nothing in subsection (2) prevents an authorised representative who reasonably believes that there is an immediate and significant  risk of serious injury or death to one or more employees from warning the employee or employees of that risk.\n\n(4) To avoid doubt, nothing in subsection (2) prevents an authorised representative from consulting with an employee during his or her meal-time or other breaks.\n\nDivision 4—Offences relating to authorised representatives\n\n","sortOrder":115},{"sectionNumber":"91","sectionType":"section","heading":"Offences by authorised representatives","content":"\t91 Offences by authorised representatives\n\nAn authorised representative must not—\n\n(a) intentionally and unreasonably hinder or obstruct any employer or employee; or\n\n(b) intentionally intimidate or threaten any employer or employee; or\n\n(c) intentionally use or disclose, for a purpose not reasonably connected with the exercise of a power under this Part, information that was acquired from any employer or employee; or\n\nS. 91(ca) inserted by No. 36/2021 s. 31.\n\n(ca) intentionally use, disclose or provide to another person, for a purpose not reasonably connected with the exercise of a power under this Part, photographs or measurements taken or sketches or recordings made in the exercise of a power under section 89(1)(ba); or\n\n(d) intentionally exercise or purport to exercise a power under this Part other than for the purpose of enquiring into a suspected contravention of this Act or the regulations.\n\n","sortOrder":116},{"sectionNumber":"92","sectionType":"section","heading":"Loss or damage caused by authorised representative","content":"\t92 Loss or damage caused by authorised representative\n\n(1) If an authorised representative of a registered employee organisation is convicted or found guilty of an offence against section 91, a person who suffers significant loss or damage as a result of the commission of the offence is entitled to recover from that organisation, by action in a court of competent jurisdiction, an amount in respect of that loss or damage.\n\n(2) A court may make an order in proceedings under subsection (1) for the payment of an amount that the court considers reasonable in the circumstances.\n\n","sortOrder":117},{"sectionNumber":"93","sectionType":"section","heading":"Offence to obstruct etc. authorised representative","content":"\t93 Offence to obstruct etc. authorised representative\n\nA person must not—\n\n(a) refuse an authorised representative entry to a workplace; or\n\n(b) intentionally hinder, obstruct, intimidate or threaten an authorised representative in the exercise of his or her powers under this Part, or induce or attempt to induce any other person to do so.\n\n","sortOrder":118},{"sectionNumber":"94","sectionType":"section","heading":"Offence to impersonate authorised representative","content":"\t94 Offence to impersonate authorised representative\n\nA person who does not hold an entry permit issued under this Part must not, in any way, hold himself or herself out as—\n\n(a) a person who holds such an entry permit; or\n\n(b) an authorised representative of a registered employee organisation.\n\nPart 9—Inspectors and enforcement\n\nDivision 1—Appointment of inspectors\n\n\t95 Appointment of inspectors\n\n(1) The Authority may, by instrument in writing—\n\n(a) appoint an officer or employee of the Authority to be an inspector for the purposes of this Act; and\n\nS. 95(1)(b) amended by Nos 63/2006 s. 61(Sch. item 26.2), 6/2009 s. 56.\n\n(b) appoint a person employed under Part 3 of the **Public Administration Act 2004** by the Department Head (within the meaning of that Act) of the Department of Primary Industries to be an inspector for the purposes of this Act in respect of activities carried out under the **Petroleum Act 1998** or the **Mineral Resources (Sustainable Development) Act 1990**.\n\n(2) The appointment of a person as an inspector for the purposes of this Act and either or both of the following Acts may be made by a single instrument—\n\n(a) the **Dangerous Goods Act 1985**;\n\n(b) the **Equipment (Public Safety) Act 1994**.\n\nS. 95(3) amended by No. 67/2013 s. 649(Sch. 9 item 25(5)).\n\n(3) The Authority must give each inspector a certificate of appointment signed by the chief executive of the Authority (appointed under section 498 of the **Workplace Injury Rehabilitation and Compensation Act 2013**).\n\n(4) A certificate of appointment given to an inspector in accordance with subsection (3) is conclusive proof of the valid appointment of the inspector under this section.\n\n","sortOrder":119},{"sectionNumber":"96","sectionType":"section","heading":"Identity cards","content":"\t96 Identity cards\n\n(1) The Authority must issue an identity card to each inspector containing a photograph of the inspector and his or her signature.\n\n(2) An inspector must produce his or her identity card for inspection if asked to do so when performing a function or exercising a power under this Act or the regulations.\n\n(3) If a person to whom an identity card has been issued ceases to be an inspector, the person must return the identity card to the Authority as soon as practicable.\n\nDivision 2—Performance of functions or exercise of powers\n\n","sortOrder":120},{"sectionNumber":"97","sectionType":"section","heading":"Inspectors subject to Authority's directions","content":"\t97 Inspectors subject to Authority's directions\n\n(1) An inspector is subject to the Authority's directions in the performance of his or her functions or exercise of his or her powers under this Act or the regulations.\n\n(2) A direction under subsection (1) may be of a general nature or may relate to a specified matter or specified class of matter.\n\nDivision 3—Powers relating to entry\n\n","sortOrder":121},{"sectionNumber":"98","sectionType":"section","heading":"Power to enter","content":"\t98 Power to enter\n\n(1) An inspector may enter a place that the inspector reasonably believes is a workplace at any time during working hours.\n\n(2) However, an inspector may enter any place at any time if the inspector reasonably believes that there is an immediate risk to the health or safety of a person arising from the conduct of an undertaking at the place.\n\n***Place*** is defined in section 5 as including a car, truck, ship, boat, airplane and any other vehicle.\n\n","sortOrder":122},{"sectionNumber":"99","sectionType":"section","heading":"General powers on entry","content":"\t99 General powers on entry\n\nAn inspector who enters a place under this Division may do any of the following—\n\n(a) inspect, examine and make enquiries at the place;\n\n(b) inspect and examine any thing (including a document) at the place;\n\n(c) bring any equipment or materials to the place that may be required;\n\n(d) seize any thing (including a document) at the place that may afford evidence of the commission of an offence against this Act or the regulations;\n\n(e) seize any thing at the place for further examination or testing but only if the inspector reasonably believes that the examination or testing is reasonably necessary and cannot be reasonably conducted on site;\n\n(f) take photographs or measurements or make sketches or recordings;\n\n(g) exercise any other power conferred on the inspector by this Act or the regulations;\n\n(h) do any other thing that is reasonably necessary for the purpose of the inspector performing his or her functions or exercising his or her powers under this Act or the regulations.\n\nThe powers conferred by this section are limited if all or part of the place is used only for residential purposes (see section 107).\n\nS. 100 (Heading) substituted by No. 48/2017 s. 18(1).\n\n","sortOrder":123},{"sectionNumber":"100","sectionType":"section","heading":"Power to require production of documents and answers to questions","content":"\t100 Power to require production of documents and answers to questions\n\nS. 100(1) amended by No. 48/2017 s. 18(2).\n\n(1) An inspector who enters a place under this Division may do any or all of the following—\n\nS. 100(1)(a) amended by No. 48/2017 s. 18(3).\n\n(a) require a person to produce a document or part of a document; and\n\n(b) examine that document or part; and\n\n(c) require a person at the place to answer any questions put by the inspector.\n\n(2) A person must not, without reasonable excuse, refuse or fail to comply with a requirement under subsection (1).\n\n(3) Before requiring a person to produce a document or part of a document or to answer questions under subsection (1), an inspector—\n\n(a) must produce his or her identity card for inspection by the person and warn the person that a refusal or failure to comply with the requirement, without reasonable excuse, is an offence; and\n\n(b) must inform the person that he or she may refuse or fail to answer any question if answering the question would tend to incriminate him or her.\n\n(4) A person is not liable to be prosecuted for an offence against subsection (2) if the inspector concerned failed to comply with subsection (3).\n\n1 The powers conferred by this section are limited if all or part of the place is used only for residential purposes (see section 107).\n\nNote 2 to s. 100(4) amended by No. 69/2009 s. 54(Sch. Pt 1 item 40.1).\n\n2 This section does not affect legal professional privilege or client legal privilege (see section 155) or, in the case of a requirement to answer questions, the privilege against self-incrimination (see section 154).\n\nS. 100(5) inserted by No. 48/2017 s. 18(4).\n\n(5) Despite section 7 of the **Criminal Procedure Act 2009**, a proceeding for an offence against this section must be commenced within 12 months after the date on which the Authority becomes aware that an offence has been committed.\n\n","sortOrder":124},{"sectionNumber":"101","sectionType":"section","heading":"Power to take samples","content":"\t101 Power to take samples\n\n(1) An inspector who enters a place under this Division may take (without payment) samples of any thing at the place that may be required for analysis.\n\n(2) If an inspector intends to take a sample, he or she must notify the following persons of his or her intention—\n\n(a) the occupier or apparent occupier for the time being of the place; and\n\n(b) if members of a designated work group are affected in any way by the taking of the sample, a health and safety representative for that group.\n\n(3) Unless it is unsafe to do so, after taking the sample the inspector must—\n\n(a) divide it into as many parts as are necessary and mark and seal or fasten up each part in a way that the nature of the sample allows; and\n\n(b) if any of the persons who must be notified in accordance with subsection (2) requires the inspector to give the person a part, give one part to each of the persons who must be notified in accordance with that subsection; and\n\n(c) keep one part for future comparison.\n\n(4) If it is determined that the sample is to be analysed the inspector must submit another part to an analyst for that purpose.\n\nDivision 4—Procedure relating to entry\n\n","sortOrder":125},{"sectionNumber":"102","sectionType":"section","heading":"Announcement on entry","content":"\t102 Announcement on entry\n\n(1) Immediately on entering a place under Division 3, an inspector must take all reasonable steps to notify the following persons of the entry and to produce his or her identity card for inspection by those persons—\n\n(a) the occupier or apparent occupier for the time being of the place;\n\n(b) if members of a designated work group are affected in any way by the entry, a health and safety representative for the designated work group.\n\n(2) However, an inspector is not required to notify, or produce his or her identity card for inspection by, a person if—\n\n(a) to do so would defeat the purpose for which the place was entered or cause unreasonable delay; or\n\n(b) the person is already aware that the inspector has entered the place or was notified in advance of when he or she would enter.\n\n","sortOrder":126},{"sectionNumber":"103","sectionType":"section","heading":"Report to be given about entry","content":"\t103 Report to be given about entry\n\n(1) An inspector who enters a place under Division 3 must give a report concerning the entry when, or as soon as practicable after, the inspector leaves the place to—\n\n(a) the occupier or apparent occupier for the time being of the place; and\n\n(b) if members of a designated work group work at the workplace, a health and safety representative for the designated work group.\n\n(2) The report must be in writing and include—\n\n(a) the time of the entry and departure; and\n\n(b) the purpose of the entry; and\n\n(c) a description of things done while at the place; and\n\n(d) a summary of the inspector's observations while at the place; and\n\n(e) the procedure for contacting the Authority and the inspector for further details of the entry; and\n\n(f) the procedure for seeking review of any decision made by the inspector during the entry.\n\n(3) If the inspector takes photographs or makes sketches or recordings under section 99(f), the report must also include a statement that—\n\n(a) the photographs have been taken or sketches or recordings have been made; and\n\n(b) they are or will be available for inspection at a specified place.\n\nS. 103(4) inserted by No. 36/2021 s. 17.\n\n(4) The report may be given in a manner specified in section 115(1) or (1A).\n\nS. 103(5) inserted by No. 36/2021 s. 17.\n\n(5) Section 8(1) and (2) of the **Electronic Transactions (Victoria) Act 2000** do not apply to the giving of a report by electronic communication in a manner specified in section 115(1) or (1A).\n\nDivision 5—Search warrants\n\n","sortOrder":127},{"sectionNumber":"104","sectionType":"section","heading":"Issue of search warrants","content":"\t104 Issue of search warrants\n\n(1) An inspector may apply to a magistrate for the issue of a search warrant in relation to a particular place if the inspector believes on reasonable grounds that there is, or may be within the next 72 hours, a particular thing (including a document) at the place that may afford evidence of the commission of an offence against this Act or the regulations.\n\nS. 104(2) amended by No. 6/2018 s. 68(Sch. 2 item 91).\n\n(2) A magistrate may issue the search warrant if he or she is satisfied by evidence on oath or by affirmation, whether oral or by affidavit, that there are reasonable grounds for suspecting that there is, or may be within 72 hours, a particular thing (including a document) at the place that may afford evidence of the commission of an offence against this Act or the regulations.\n\n(3) The search warrant may authorise a named inspector and any assistants the inspector considers necessary—\n\n(a) to enter the place or part of the place named or described in the warrant; and\n\n(b) to search for the thing named or described in the warrant.\n\n(4) In addition to any other requirement, the search warrant must state—\n\n(a) the offence suspected; and\n\n(b) the place to be searched; and\n\n(c) a description of the thing for which the search is to be made; and\n\n(d) any conditions to which the warrant is subject; and\n\n(e) whether entry is authorised to be made at any time or during specified hours; and\n\n(f) that the warrant authorises entry on only one occasion; and\n\n(g) a day, not later than 7 days after the warrant is issued, on which it ceases to have effect.\n\n(5) A search warrant must be issued in accordance with the **Magistrates' Court Act 1989** and in the form prescribed under that Act.\n\n(6) The rules that apply to search warrants mentioned in the **Magistrates' Court Act 1989** extend and apply to search warrants under this section.\n\n","sortOrder":128},{"sectionNumber":"105","sectionType":"section","heading":"Announcement before entry on warrant","content":"\t105 Announcement before entry on warrant\n\n(1) Before executing a search warrant, the inspector named in the warrant or an assistant to the inspector must—\n\n(a) announce that he or she is authorised by the warrant to enter the place; and\n\n(b) give any person at the place an opportunity to allow that entry.\n\n(2) However, the inspector or an assistant to the inspector need not comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the place is needed to ensure—\n\n(a) the safety of any person; or\n\n(b) that the effective execution of the warrant is not frustrated.\n\n","sortOrder":129},{"sectionNumber":"106","sectionType":"section","heading":"Copy of warrant to be given to occupier","content":"\t106 Copy of warrant to be given to occupier\n\nIf an occupier or apparent occupier is present at the place when a search warrant is being executed, the inspector must—\n\n(a) identify himself or herself to that person by producing his or her identity card for inspection; and\n\n(b) give that person a copy of the execution copy of the warrant.\n\nDivision 6—Limitation on entry powers\n\n","sortOrder":130},{"sectionNumber":"107","sectionType":"section","heading":"Places used for residential purposes","content":"\t107 Places used for residential purposes\n\nDespite anything else in this Part, the powers of an inspector under this Part in relation to entering a place are not exercisable in respect of any part of a place that is used only for residential purposes except—\n\n(a) with the consent of the occupier for the time being of the place; or\n\n(b) under the authority conferred by a search warrant.\n\nDivision 7—Return and forfeiture of seized things\n\n","sortOrder":131},{"sectionNumber":"108","sectionType":"section","heading":"Return of seized things","content":"\t108 Return of seized things\n\n(1) As soon as possible after an inspector seizes any thing (including a document) under this Part the Authority must return the thing to the owner unless—\n\n(a) the Authority considers it necessary to retain the thing because it may afford evidence in proceedings, that have been or may be commenced, for an offence against this Act or the regulations; or\n\n(b) the thing is forfeited to the Authority under section 109; or\n\nS. 108(1)(ba) inserted by No. 36/2021 s. 32(1).\n\n(ba) the owner of the thing notifies the Authority in writing that the owner transfers ownership of the thing to the Authority; or\n\nS. 108(1)(bb) inserted by No. 36/2021 s. 32(1).\n\n(bb) the thing is a copy made under section 124 of a document or part of a document; or\n\n(c) the Authority is otherwise authorised (by a law or court order) to retain, destroy or dispose of the thing.\n\n(2) The thing may be returned either unconditionally or on such terms and conditions as the Authority considers appropriate to eliminate or reduce any risks to health or safety.\n\n(3) If the Authority imposes terms or conditions on the return of a thing, the owner must comply with each of those terms and conditions.\n\nS. 108(4) inserted by No. 36/2021 s. 32(2).\n\n(4) To avoid doubt, the Authority may destroy or dispose of a thing without giving notice to any person of the destruction or disposal if—\n\n(a) the thing is forfeited to the Authority under section 109; or\n\n(b) the owner of the thing has notified the Authority under subsection (1)(ba) that the owner transfers ownership of the thing to the Authority; or\n\n(c) the thing is a copy made under section 124 of a document or part of a document; or\n\n(d) the Authority is otherwise authorised (by a law or court order) to destroy or dispose of the thing without giving notice to any person.\n\n","sortOrder":132},{"sectionNumber":"109","sectionType":"section","heading":"Forfeiture of seized things","content":"\t109 Forfeiture of seized things\n\n(1) Any thing (including a document) that an inspector has seized and retained under this Part is forfeited to the Authority if the Authority—\n\n(a) cannot find its owner despite making reasonable enquiries; or\n\n(b) cannot return it to the owner despite making reasonable efforts; or\n\n(c) considers it necessary to retain the thing to prevent the commission of an offence against this Act or the regulations.\n\n(2) If a thing is forfeited to the Authority under subsection (1)(c), the Authority must notify (in writing) the owner accordingly, setting out how the owner may seek review of the decision to forfeit the thing, unless the Authority cannot find the owner despite making reasonable enquiries.\n\nDivision 8—Powers to issue notices\n\n","sortOrder":133},{"sectionNumber":"110","sectionType":"section","heading":"Power to issue non-disturbance notice","content":"\t110 Power to issue non-disturbance notice\n\n(1) An inspector who has entered a place under this Part may issue a non-disturbance notice to a person who is or appears to be the occupier for the time being of the place requiring the person to—\n\n(a) stop the use or movement of, or interference with, any specified plant, substance or other thing at the place; and\n\n(b) prevent the disturbance of the specified plant, substance or other thing or a specified area of the place where the plant, substance or other thing is located—\n\nif the inspector reasonably believes that it is necessary to do so to facilitate the performance of his or her functions or exercise of his or her powers under this Act or the regulations in relation to the place or any plant, substance or other thing at the place.\n\n(2) A non-disturbance notice must specify the period (of no more than 7 days) for which it applies and set out—\n\n(a) the obligations of the person to whom the notice is issued; and\n\n(b) the penalty for contravening the notice; and\n\n(c) how the person may seek review of the issue of the notice; and\n\n(d) a statement of the effect of section 117 (proceedings for offences not affected by notices).\n\n(3) If an inspector considers it necessary to do so, he or she may issue one or more subsequent non‑disturbance notices to a person, whether before or after the expiry of the previous notice, each of which must comply with subsection (2).\n\n(4) A person who, without reasonable excuse, fails to comply with a non-disturbance notice issued to the person is guilty of an indictable offence and liable to a fine not exceeding—\n\n(a) in the case of a natural person, 500 penalty units; or\n\n(b) in the case of a body corporate, 2500 penalty units.\n\nNote to s. 110(4) amended by No. 68/2009 s. 97(Sch. item 90.21).\n\n","sortOrder":134},{"sectionNumber":"111","sectionType":"section","heading":"Power to issue improvement notice","content":"\t111 Power to issue improvement notice\n\n(1) If an inspector reasonably believes that a person—\n\n(a) is contravening a provision of this Act or the regulations; or\n\n(b) has contravened such a provision in circumstances that make it likely that the contravention will continue or be repeated—\n\nthe inspector may issue to the person an improvement notice requiring the person to remedy the contravention or likely contravention or the matters or activities causing the contravention or likely contravention.\n\n(2) An improvement notice must—\n\n(a) state the basis for the inspector's belief on which the issue of the notice is based; and\n\n(b) specify the provision of this Act or the regulations that the inspector considers has been or is likely to be contravened; and\n\n(c) specify a date (with or without a time) by which the person is required to remedy the contravention or likely contravention or the matters or activities causing the contravention or likely contravention, that the inspector considers is reasonable having regard to the severity of the risk to the health or safety of any person and the nature of the contravention or likely contravention; and\n\n(d) set out the penalty for contravening the notice; and\n\n(e) state how the person may seek review of the issue of the notice; and\n\n(f) include a statement of the effect of section 117 (proceedings for offences not affected by notices).\n\n(3) An improvement notice may include directions concerning the measures to be taken to remedy the contravention or likely contravention, or the matters or activities causing the contravention or likely contravention, to which the notice relates and may, in particular, include—\n\n(a) a direction that if the person has not remedied the contravention, likely contravention, matters or activities (as the case may be) by the date and time (if any) specified in the notice, an activity to which the notice relates is to cease until an inspector has certified in writing that the contravention, likely contravention, matters or activities have been remedied; and\n\n(b) interim directions, or interim conditions on the carrying on of any activities to which the notice relates, that the inspector considers necessary to minimise risks to the health or safety of a person.\n\n(4) A person to whom an improvement notice is issued must comply with the notice.\n\n(5) An offence against subsection (4) is an indictable offence.\n\nNote to s. 111(5) amended by No. 68/2009 s. 97(Sch. item 90.22).\n\n(6) If an application for review of a decision under this section has been made under Part 10, an inspector must not give a certificate under subsection (3)(a) in relation to the improvement notice concerned until after the review ends.\n\n","sortOrder":135},{"sectionNumber":"112","sectionType":"section","heading":"Power to issue prohibition notice","content":"\t112 Power to issue prohibition notice\n\n(1) If an inspector reasonably believes that—\n\nS. 112(1)(a) amended by No. 10/2022 s. 49.\n\n(a) an activity is occurring at a workplace that involves or will involve a serious risk to the health or safety of a person emanating from an immediate or imminent exposure to a hazard; or\n\nS. 112(1)(b) amended by No. 10/2022 s. 49.\n\n(b) an activity may occur at a workplace that, if it occurs, will involve a serious risk to the health or safety of a person emanating from an immediate or imminent exposure to a hazard—\n\nthe inspector may issue to a person who has or appears to have control over the activity a prohibition notice prohibiting the carrying on of the activity, or the carrying on of the activity in a specified way, until an inspector has certified in writing that the matters that give or will give rise to the risk have been remedied.\n\n(2) A prohibition notice must—\n\n(a) state the basis for the inspector's belief on which the issue of the notice is based; and\n\n(b) specify the activity which the inspector believes involves or will involve the risk and the matters which give or will give rise to the risk; and\n\n(c) if the inspector believes that the activity involves a contravention or likely contravention of a provision of this Act or the regulations, specify that provision and state the basis for that belief; and\n\n(d) set out the penalty for contravening the notice; and\n\n(e) state how the person may seek review of the issue of the notice; and\n\n(f) include a statement of the effect of section 117 (proceedings for offences not affected by notices).\n\n(3) A prohibition notice may include directions on the measures to be taken to remedy the risk, activities or matters to which the notice relates, or the contravention or likely contravention mentioned in subsection (2)(c).\n\n(4) A prohibition notice that prohibits the carrying on of an activity in a specified way may do so by specifying one or more of the following—\n\n(a) a workplace, or part of a workplace, at which the activity is not to be carried out;\n\n(b) any thing that is not to be used in connection with the activity;\n\n(c) any procedure that is not to be followed in connection with the activity.\n\n(5) A person to whom a prohibition notice is issued must comply with the notice.\n\n(6) An offence against subsection (5) is an indictable offence.\n\nNote to s. 112(6) amended by No. 68/2009 s. 97(Sch. item 90.23).\n\n(7) If an application for review of a decision under this section has been made under Part 10, an inspector must not give a certificate under subsection (1) in relation to the prohibition notice concerned until after the review ends.\n\n","sortOrder":136},{"sectionNumber":"113","sectionType":"section","heading":"Directions or conditions in notices","content":"\t113 Directions or conditions in notices\n\nA direction or condition included in an improvement notice or prohibition notice may—\n\n(a) refer to a compliance code; and\n\n(b) offer the person to whom it is issued a choice of ways in which to remedy the contravention, likely contravention, matters or activities concerned.\n\n","sortOrder":137},{"sectionNumber":"114","sectionType":"section","heading":"Variation or cancellation of notices","content":"\t114 Variation or cancellation of notices\n\nA non-disturbance notice, improvement notice or prohibition notice issued by an inspector may only be varied or cancelled by the Authority.\n\nThe Authority may vary or cancel such a notice in the same way that an inspector may make the notice (see section 41A of the **Interpretation of Legislation Act 1984**).\n\nS. 115 (Heading) amended by No. 36/2021 s. 18(1).\n\n","sortOrder":138},{"sectionNumber":"115","sectionType":"section","heading":"Issue of notices","content":"\t115 Issue of notices\n\n(1) A non-disturbance notice, improvement notice or prohibition notice may be issued to a person by—\n\n(a) delivering it personally to the person or sending it by post or facsimile to the person's usual or last known place of residence or business; or\n\n(b) leaving it for the person at the person's usual or last known place of residence or business with a person who is apparently over 16 years and who apparently resides or works there; or\n\nS. 115(1)(c) amended by No. 48/2017 s. 19(1).\n\n(c) leaving it for the person at the workplace to which the notice relates with a person who is apparently over 16 years and who apparently is the occupier for the time being of the workplace; or\n\nS. 115(1)(d) inserted by No. 48/2017 s. 19(2), amended by No. 36/2021 s. 18(2).\n\n(d) if the person to whom the notice is to be issued is not a body corporate, sending it by electronic communication to the person at the person's usual or last known electronic address; or\n\nS. 115(1)(e) inserted by No. 48/2017 s. 19(2).\n\n(e) if the person is an employer registered under section 434 of the **Workplace Injury Rehabilitation and Compensation Act 2013**, sending it by post or electronic communication to the last address for service shown on a communication from the employer to the Authority.\n\nS. 115(1A) inserted by No. 48/2017 s. 19(3), substituted by No. 36/2021 s. 18(3).\n\n(1A) In addition to subsection (1), if the person to whom a notice is to be issued is a body corporate, the notice may be issued by—\n\n(a) delivering it personally to the head office, registered office or principal place of business of the body corporate; or\n\n(b) sending it by post to the head office, registered office or principal place of business of the body corporate; or\n\n(c) sending it by electronic communication to an employee, agent or officer of the body corporate.\n\nS. 115(1B) inserted by No. 48/2017 s. 19(3), amended by No. 49/2018 s. 21(1).\n\n(1B) Subject to subsection (1C), this section is in addition to, and not in derogation from, the **Interpretation of Legislation Act 1984**, the **Electronic Transactions (Victoria) Act 2000** and sections 109X and 601CX of the Corporations Act.\n\nS. 115(1C) inserted by No. 49/2018 s. 21(2), amended by No. 36/2021 s. 18(4).\n\n(1C) Section 8(1) and (2) of the **Electronic Transactions (Victoria) Act 2000** do not apply to the issue of a notice by electronic communication under this section.\n\n(2) A person to whom a non-disturbance notice, improvement notice or prohibition notice is issued must as soon as possible—\n\n(a) if the person is an employee, give a copy of the notice to his or her employer; or\n\n(b) if the person is not an employee or is an employer who is given a copy of the notice in accordance with paragraph (a)—\n\n(i) bring the notice to the attention of each other person whose work is affected by the notice; and\n\n(ii) give a copy of the notice to each health and safety representative who represents employees whose work is affected by the notice; and\n\n(iii) display a copy of the notice in a prominent place at or near the workplace, or part of the workplace, at which work is being performed that is affected by the notice.\n\n","sortOrder":139},{"sectionNumber":"116","sectionType":"section","heading":"Formal irregularities or defects in notices","content":"\t116 Formal irregularities or defects in notices\n\nA non-disturbance notice, improvement notice or prohibition notice is not invalid merely because of—\n\n(a) a formal defect or irregularity in the notice unless the defect or irregularity causes or is likely to cause substantial injustice; or\n\n(b) a failure to use the correct name of the person to whom the notice is issued if the notice sufficiently identifies the person and is issued to the person in accordance with section 115.\n\n","sortOrder":140},{"sectionNumber":"117","sectionType":"section","heading":"Proceedings for offences not affected by notices","content":"\t117 Proceedings for offences not affected by notices\n\nThe issue, variation or cancellation of a non‑disturbance notice, improvement notice or prohibition notice does not affect any proceedings for an offence against this Act or the regulations in connection with any matter in respect of which the notice was issued.\n\n","sortOrder":141},{"sectionNumber":"118","sectionType":"section","heading":"Injunctions for non-compliance with notices","content":"\t118 Injunctions for non-compliance with notices\n\n(1) The Authority may apply to the Supreme Court for an injunction—\n\n(a) compelling a person to comply with a non‑disturbance notice, improvement notice or prohibition notice; or\n\n(b) restraining a person from contravening such a notice.\n\n(2) The Authority may do so whether or not proceedings have been instituted for an offence against this Act or the regulations in connection with any matter in respect of which the notice was issued.\n\nDivision 9—Other powers\n\n","sortOrder":142},{"sectionNumber":"119","sectionType":"section","heading":"Power to require name and address","content":"\t119 Power to require name and address\n\n(1) An inspector may ask a person to state his or her name and address if the inspector reasonably believes that the person—\n\n(a) may be able to assist in the investigation of an indictable offence under this Act that has been committed or is suspected of having been committed; or\n\n(b) has committed or is about to commit an offence (whether indictable or summary) under this Act or the regulations.\n\n(2) The inspector must inform the person of the grounds for his or her belief in sufficient detail to allow the person to understand the nature of the offence or suspected offence.\n\n(3) A person who, in response to being asked to state his or her name and address in accordance with this section—\n\n(a) refuses or fails to do so; or\n\n(b) states a name that is false in a material particular; or\n\n(c) states an address other than the full and correct address of his or her ordinary place of residence or business—\n\nis guilty of an offence and liable to a fine not exceeding 5 penalty units.\n\n(4) A person who is asked to state his or her name and address may ask the inspector to produce his or her identity card for inspection.\n\n","sortOrder":143},{"sectionNumber":"120","sectionType":"section","heading":"Power to give directions","content":"\t120 Power to give directions\n\nS. 120(1) amended by No. 10/2022 s. 50.\n\n(1) An inspector may give a direction (either orally or in writing) to a person at a workplace if the inspector reasonably believes that it is necessary to do so because of a serious risk to the health or safety of any person emanating from an immediate or imminent exposure to a hazard.\n\n(2) A person must not, without reasonable excuse, refuse or fail to comply with a direction given to the person under subsection (1).\n\n(3) An offence against subsection (2) is an indictable offence.\n\nNote to s. 120(3) amended by No. 68/2009 s. 97(Sch. item 90.24).\n\n","sortOrder":144},{"sectionNumber":"Div 10","sectionType":"division","heading":"Other matters","content":"Division 10—Other matters\n\n","sortOrder":145},{"sectionNumber":"121","sectionType":"section","heading":"Persons who must assist inspector","content":"\t121 Persons who must assist inspector\n\nThe following persons must not, without reasonable excuse, refuse or fail to provide such assistance as an inspector may reasonably require for the performance of his or her functions or exercise of his or her powers under this Act or the regulations—\n\n(a) an occupier or apparent occupier for the time being of a workplace;\n\n(b) an employer who has the management and control of a workplace;\n\n(c) an employee at a workplace.\n\n","sortOrder":146},{"sectionNumber":"122","sectionType":"section","heading":"Other assistance in exercising powers","content":"\t122 Other assistance in exercising powers\n\n(1) For the purpose of exercising a power under this Act or the regulations, an inspector may seek the assistance of any person.\n\n(2) If the power being exercised involves entry to a workplace, the person assisting must be allowed access to that workplace by—\n\n(a) the occupier or apparent occupier for the time being of the workplace; or\n\n(b) the employer who has the management and control of the workplace.\n\n(3) If an inspector uses the assistance of an interpreter—\n\n(a) any enquiry or request made by the interpreter on the inspector's behalf is taken to have been made by the inspector; and\n\n(b) any answer given to the interpreter is taken to have been given to the inspector.\n\n","sortOrder":147},{"sectionNumber":"123","sectionType":"section","heading":"Inspector may take affidavits","content":"\t123 Inspector may take affidavits\n\nAn inspector is authorised to take affidavits for any purpose relating or incidental to the performance of his or her functions or exercise of his or her powers under this Act or the regulations.\n\n","sortOrder":148},{"sectionNumber":"124","sectionType":"section","heading":"Inspector may copy documents","content":"\t124 Inspector may copy documents\n\nAn inspector may make copies of, or take extracts from, a document or part of a document given to the inspector in accordance with a requirement under this Act or the regulations.\n\n","sortOrder":149},{"sectionNumber":"Div 11","sectionType":"division","heading":"Offences","content":"Division 11—Offences\n\n","sortOrder":150},{"sectionNumber":"125","sectionType":"section","heading":"Offences in relation to inspections","content":"\t125 Offences in relation to inspections\n\n(1) A person must not—\n\n(a) intentionally hinder or obstruct an inspector in the performance of his or her functions or exercise of his or her powers under this Act or the regulations, or induce or attempt to induce any other person to do so; or\n\n(b) intentionally conceal from an inspector the location or existence of any other person or any plant, substance or other thing; or\n\n(c) intentionally prevent or attempt to prevent any other person from assisting an inspector.\n\n(2) A person must not assault, directly or indirectly intimidate or threaten, or attempt to intimidate or threaten, an inspector or a person assisting an inspector.\n\n1. Imprisonment for 2 years, or 240 penalty units, or both for a natural person;\n\n","sortOrder":151},{"sectionNumber":"126","sectionType":"section","heading":"Offence to impersonate inspector","content":"\t126 Offence to impersonate inspector\n\nA person who is not an inspector must not, in any way, hold himself or herself out to be an inspector.\n\nPt 9A (Heading and ss 126A, 126B) inserted by No. 50/2019 s. 4.\n\n","sortOrder":152},{"sectionNumber":"Part 9A","sectionType":"part","heading":"Workplace Incidents Consultative Committee","content":"Part 9A—Workplace Incidents Consultative Committee\n\nS 126A inserted by No. 50/2019 s. 4.\n\n","sortOrder":153},{"sectionNumber":"126A","sectionType":"section","heading":"Establishment of Workplace Incidents Consultative Committee","content":"\t126A Establishment of Workplace Incidents Consultative Committee\n\n(1) The Minister must, in accordance with the regulations, establish a Workplace Incidents Consultative Committee.\n\n(2) The function of the Committee is to provide advice and make recommendations to the Minister about—\n\n(a) the needs of persons who are affected, directly or indirectly, by incidents that—\n\n(i) occur at a workplace; and\n\n(ii) involve death, serious injury or serious illness; and\n\n(b) the development, review and improvement of policies, practices, strategies and systems relating to—\n\n(i) the incidents referred to in paragraph (a); or\n\n(ii) occupational health and safety more generally.\n\n(3) The Committee is to perform its function in accordance with the regulations.\n\n(4) Without limiting the generality of section 158, the regulations may make provision for or with respect to—\n\n(a) the appointment of members of the Committee, including—\n\n(i) the number of members; and\n\n(ii) subject to subsection (5), the experience or qualifications of members; and\n\n(iii) the terms and conditions on which members are appointed; and\n\n(iv) the remuneration, allowances and expenses of members; and\n\n(b) the procedure of the Committee.\n\n(5) Regulations providing for the experience or qualifications of the members of the Committee must require that a majority of members be persons who have been affected, directly or indirectly, by incidents that—\n\n(a) occur at a workplace; and\n\n(b) involve death, serious injury or serious illness.\n\nS 126B inserted by No. 50/2019 s. 4.\n\n","sortOrder":154},{"sectionNumber":"126B","sectionType":"section","heading":"Annual report","content":"\t126B Annual report\n\n(1) The Workplace Incidents Consultative Committee established under section 126A may give the Minister a written report about the Committee's operations during a particular financial year.\n\n(2) On receiving a report under subsection (1), the Minister must cause the report to be laid before each House of the Parliament within 14 sitting days of that House.\n\n","sortOrder":155},{"sectionNumber":"Part 10","sectionType":"part","heading":"Review of decisions","content":"Part 10—Review of decisions\n\n","sortOrder":156},{"sectionNumber":"127","sectionType":"section","heading":"Which decisions are reviewable","content":"\t127 Which decisions are reviewable\n\n(1) The following table sets out—\n\n(a) decisions made under this Act that are reviewable in accordance with this Part (***reviewable decisions***); and\n\n(b) who is eligible to apply for review of a reviewable decision (the ***eligible person*** in relation to the reviewable decision).\n\n(2) To avoid doubt, sections 4 and 5 of the **Victorian Civil and Administrative Tribunal Act 1998** apply for the purposes of this Act.\n\nUnder section 4 of that Act, a person makes a decision if the person refuses to make a decision or an instrument, imposes a condition or restriction or does or refuses to do any other act or thing. Section 5 of that Act sets out when a person's interests are affected by a decision.\n\n| *Item* | *Provision under which reviewable decision is made* | *Eligible person in relation to reviewable decision* |\n| --- | --- | --- |\n| 1. | Section 45 (determination of unresolved particulars concerning designated work groups) | (1) An employee whose interests are affected by the decision.<br>(2) An employer whose interests are affected by the decision. |\n| 2. | Section 54(4)(b) (appointment by an inspector of a person to conduct an election of a health and safety representative) | (1) An employee whose interests are affected by the decision.<br>(2) An employer whose interests are affected by the decision. |\n\n- 3. Section 63(3)(b) (decision to affirm or cancel a provisional improvement notice) (1) The person to whom the provisional improvement notice was issued.(2) The health and safety representative who issued the provisional improvement notice.(3) A health and safety representative who represents an employee, or represents a person mentioned in section 44(1)(e) or 48(1)(e), whose interests are affected by the decision.(4) An employee whose interests are affected by the decision.(5) An employer whose interests are affected by the decision.\n- 4. Section 75(4)(b) (determination that there was reasonable cause for employees to be concerned for their health or safety) (1) An employee whose interests are affected by the decision.(2) An employer whose interests are affected by the decision.(3) A health and safety representative whose direction under section 74 to cease work gave rise to the decision.\n- 5. Section 108(2) (terms and conditions on the return of seized things) (1) The owner of the seized thing.(2) A person who has an interest in the seized thing.(3) Any other person whose interests are affected by the decision.\n\n- 6. Section 109(1) (forfeiture of seized things) (1) A person to whom a notice of forfeiture is issued under section 109(2).(2) A person who has an interest in the seized thing.(3) Any other person whose interests are affected by the decision.\n- 7. Section 110(1) (issue of a non-disturbance notice) (1) The person to whom the non‑disturbance notice is issued.(2) A health and safety representative who represents an employee, or represents a person mentioned in section 44(1)(e) or 48(1)(e), whose interests are affected by the decision.(3) An employee whose interests are affected by the decision.(4) An employer whose interests are affected by the decision.\n- 8. Section 111(1) (issue of an improvement notice) (1) The person to whom the improvement notice is issued.(2) A health and safety representative who represents an employee, or represents a person mentioned in section 44(1)(e) or 48(1)(e), whose interests are affected by the decision.(3) An employee whose interests are affected by the decision.(4) An employer whose interests are affected by the decision.\n\n- 9. Section 111(3)(a) (certification that matters the subject of an improvement notice have been remedied) (1) The person to whom the improvement notice was issued.(2) A health and safety representative who represents an employee, or represents a person mentioned in section 44(1)(e) or 48(1)(e), whose interests are affected by the decision.(3) An employee whose interests are affected by the decision.(4) An employer whose interests are affected by the decision.\n- 10. Section 112(1) (issue of a prohibition notice) (1) The person to whom the prohibition notice is issued.(2) A health and safety representative who represents an employee, or represents a person mentioned in section 44(1)(e) or 48(1)(e), whose interests are affected by the decision.(3) An employee whose interests are affected by the decision.(4) An employer whose interests are affected by the decision.(5) A health and safety representative whose direction under section 74 to cease work gave rise to the decision.\n\n- 11. Section 112(1) (certification that matters the subject of a prohibition notice have been remedied) (1) The person to whom the prohibition notice was issued.(2) A health and safety representative who represents an employee, or represents a person mentioned in section 44(1)(e) or 48(1)(e), whose interests are affected by the decision.(3) An employee whose interests are affected by the decision.(4) An employer whose interests are affected by the decision.(5) A health and safety representative whose direction under section 74 to cease work gave rise to the decision.\n- 12. Section 114 (variation or cancellation of a non‑disturbance notice, improvement notice or prohibition notice) (1) The person to whom the notice concerned was issued.(2) A health and safety representative who represents an employee, or represents a person mentioned in section 44(1)(e) or 48(1)(e), whose interests are affected by the decision.(3) An employee whose interests are affected by the decision.(4) An employer whose interests are affected by the decision.(5) In the case of a prohibition notice, a health and safety representative whose direction under section 74 to cease work gave rise to the notice.\n\n","sortOrder":157},{"sectionNumber":"128","sectionType":"section","heading":"Internal review","content":"\t128 Internal review\n\n(1) An eligible person in relation to a reviewable decision, other than a decision made by the Authority, may apply to the Authority for review of the decision within—\n\n(a) 14 days after the day on which the decision first came to the eligible person's notice; or\n\n(b) such longer period as the Authority allows.\n\n(2) The application must be in the form approved (in writing) by the Authority.\n\n(3) If an application is made to the Authority in accordance with this section, the Authority must make a decision—\n\n(a) to affirm or vary the reviewable decision; or\n\n(b) to set aside the reviewable decision and substitute another decision that the Authority considers appropriate.\n\nS. 128(4) amended by No. 10/2022 s. 51.\n\n(4) The Authority must give a written notice to the applicant setting out—\n\n(a) the Authority's decision under subsection (3) and the reasons for the decision; and\n\n(b) the findings on material questions of fact that led to the decision, referring to the evidence or other material on which those findings were based—\n\nand, subject to section 128A, must do so within 14 days after the application is made or, if the reviewable decision was made under section 111(3)(a) or 112(1), within 7 days after the application is made.\n\n(5) If the Authority has not notified an applicant of a decision in accordance with subsection (4), the Authority is taken to have made a decision to affirm the reviewable decision.\n\n(6) An application under this section does not affect the operation of the reviewable decision or prevent the taking of any action to implement it unless the Authority, on its own initiative or on the application of the applicant for review, stays the operation of the decision pending the determination of the review.\n\n(7) The Authority must make a decision on an application for a stay within 24 hours after the making of the application.\n\n(8) If the Authority has not made a decision in accordance with subsection (7), the Authority is taken to have made a decision to grant a stay.\n\n(9) The Authority may attach any conditions to a stay of the operation of a reviewable decision that it considers appropriate.\n\nS. 128A inserted by No. 10/2022 s. 52.\n\n","sortOrder":158},{"sectionNumber":"128A","sectionType":"section","heading":"Requests for further information","content":"\t128A Requests for further information\n\n(1) The Authority may request an applicant under section 128 to provide further information in relation to the application.\n\n(2) A request under subsection (1) must—\n\n(a) be in writing; and\n\n(b) specify a period (not exceeding 7 days) during which the applicant may respond; and\n\n(c) indicate that, if the applicant does not provide the information within the specified period, the Authority may make a decision on the application without that information.\n\n(3) If the Authority requests further information under subsection (1), the period referred to in section 128(4) is suspended until the earlier of the following—\n\n(a) the applicant has provided all of the information requested;\n\n(b) the period specified by the Authority in its most recent request has expired.\n\n","sortOrder":159},{"sectionNumber":"129","sectionType":"section","heading":"Review by the Tribunal","content":"\t129 Review by the Tribunal\n\n(1) A person may apply to the Tribunal for review of—\n\n(a) a reviewable decision made by the Authority; or\n\n(b) a decision made, or taken to have been made, by the Authority under section 128 in respect of a reviewable decision (including a decision concerning a stay of the operation of the reviewable decision)—\n\nif the person is an eligible person in relation to the reviewable decision.\n\n(2) The application must be made—\n\n(a) if the decision is to forfeit a thing (including a document) seized under Part 9, within 28 days after the day on which the decision first came to the applicant's notice; or\n\n(b) in the case of any other decision, within 14 days after the day on which the decision first came to the applicant's notice; or\n\n(c) if the Authority is required by the **Victorian Civil and Administrative Tribunal Act 1998** to give the applicant a statement of reasons, within 14 days after the day on which the applicant is given the statement—\n\nwhichever period ends last.\n\nPart 11—Legal proceedings\n\nDivision 1—General matters\n\n\t130 Proceedings may be brought by the Authority or inspectors\n\nS. 130(1) amended by No. 48/2017 s. 20.\n\n(1) Proceedings for an offence against this Act or the regulations may be brought only by—\n\n(a) the Authority; or\n\n(b) an inspector with the written authorisation of the Authority (either generally or in a particular case).\n\nS. 130(2) amended by No. 68/2009 s. 97(Sch. item 90.25).\n\n(2) An authorisation under subsection (1)(b) is sufficient authority to continue proceedings in any case where the court amends the charge-sheet, warrant or summons.\n\n(3) An inspector who brings proceedings may conduct the proceedings before the court.\n\nS. 130(4) amended by No. 48/2017 s. 20.\n\n(4) The Authority must issue, and publish in the Government Gazette, general guidelines for or with respect to the prosecution of offences under this Act or the regulations.\n\nS. 130(5) amended by No. 48/2017 s. 20.\n\n(5) Nothing in this section affects the ability of the Director of Public Prosecutions to bring proceedings for an indictable offence against this Act or the regulations.\n\n","sortOrder":160},{"sectionNumber":"131","sectionType":"section","heading":"Procedure if prosecution is not brought","content":"\t131 Procedure if prosecution is not brought\n\n(1) If—\n\nS. 131(1)(a) amended by No. 48/2017 s. 21.\n\n(a) a person considers that the occurrence of an act, matter or thing constitutes an offence against this Act or the regulations; and\n\n(b) no prosecution has been brought in respect of the occurrence of the act, matter or thing within 6 months of that occurrence—\n\nthe person may request in writing that the Authority bring a prosecution.\n\nS. 131(2) amended by No. 49/2018 s. 22(1)(a).\n\n(2) If the offence the subject of a request under subsection (1) is a summary offence, within 3 months after the Authority receives a request it must—\n\n(a) investigate the matter; and\n\nS. 131(2)(b) amended by No. 49/2018 s. 22(1)(b).\n\n(b) following the investigation, advise (in writing) the person whether a prosecution has been or will be brought or give reasons why a prosecution will not be brought, unless the Authority considers that giving such advice or reasons will prejudice the current investigation of an indictable offence.\n\nS. 131(2A) inserted by No. 49/2018 s. 22(2).\n\n(2A) If the offence the subject of a request under subsection (1) is an indictable offence, the Authority must, within 3 months after receiving the request, report in writing to the person who made the request, advising that—\n\n(a) the Authority's investigation of the matter is complete, and—\n\n(i) that a prosecution will be brought; or\n\n(ii) give reasons why a prosecution will not be brought; or\n\n(b) the Authority's investigation is still ongoing and that a further report will be given within 3 months after the date of the response, and after every subsequent 3-month period, until the investigation is completed.\n\nS. 131(2B) inserted by No. 49/2018 s. 22(2).\n\n(2B) If subsection (2A)(b) applies, the Authority must, within each 3-month period, also report to the Minister as to the progress of the investigation.\n\nS. 131(2C) inserted by No. 49/2018 s. 22(2).\n\n(2C) The Authority must commence and complete investigations under this section in as timely a manner as is reasonably practicable.\n\nS. 131(3) amended by No. 49/2018 s. 22(3).\n\n(3) If the Authority advises the person that a prosecution will not be brought, or that it has not brought a prosecution within 9 months after receiving the request, the Authority must refer the matter to the Director of Public Prosecutions if the person requests (in writing) that the Authority do so.\n\n(4) The Director of Public Prosecutions must consider the matter and advise (in writing) the Authority whether or not the Director considers that a prosecution should be brought.\n\n(5) The Authority must ensure a copy of the advice is sent to the person who made the request and, if the Authority declines to follow advice from the Director of Public Prosecutions to bring proceedings, the Authority must give the person written reasons for its decision.\n\n(6) The Authority must include in its annual report, and publish on its website, a statement setting out—\n\n(a) the number of requests received by the Authority under subsection (1); and\n\nS. 131(6)(b) amended by No. 49/2018 s. 22(4)(a).\n\n(b) the number of cases in which the Authority has advised under subsection (2)(b) or (2A)(a) that a prosecution has been or will be brought, or will not brought; and\n\nS. 131(6)(ba) inserted by No. 49/2018 s. 22(4)(b).\n\n(ba) how long it took to commence and complete each investigation pursuant to a request under subsection (1); and\n\nS. 131(6)(bb) inserted by No. 49/2018 s. 22(4)(b).\n\n(bb) the number of times the Authority failed to report in accordance with subsection (2A) to a person making a request under subsection (1) and any reasons for such failure; and\n\n(c) the number of cases in which the Director of Public Prosecutions has advised under subsection (4) that a prosecution should be brought or should not be brought.\n\nS. 131(7) inserted by No. 49/2018 s. 22(5).\n\n(7) The Authority must provide a copy of any statement containing the matters referred to in subsection (6)(bb) to the Minister.\n\nS. 132 substituted by No. 48/2017 s. 22.\n\n","sortOrder":161},{"sectionNumber":"132","sectionType":"section","heading":"Limitation period for prosecutions","content":"\t132 Limitation period for prosecutions\n\nS. 132(1) amended by No. 50/2019 s. 5(1).\n\n(1) Proceedings for an indictable offence against this Act (other than a workplace manslaughter offence) may be brought within the latest of the following periods to occur—\n\n(a) within 2 years after the offence first comes to the notice of the Authority;\n\n(b) within one year after a coronial report was made or a coronial inquiry or inquest ended, if it appeared from the report or the proceedings at the inquiry or inquest that an indictable offence had been committed against this Act;\n\n(c) if an undertaking has been given under section 16 in relation to the offence, within 6 months after—\n\n(i) the undertaking is contravened; or\n\n(ii) it comes to the notice of the Authority that the undertaking has been contravened; or\n\n(iii) the Authority has agreed under section 16(2) to the withdrawal of the undertaking;\n\n(d) at any time with the written authorisation of the Director of Public Prosecutions.\n\nS. 132(2) amended by No. 50/2019 s. 5(2).\n\n(2) A proceeding for an indictable offence against this Act (other than a workplace manslaughter offence) may be brought after the end of the applicable limitation period in subsection (1) if fresh evidence relevant to the offence is discovered and the court is satisfied that the evidence could not reasonably have been discovered within the relevant limitation period.\n\nS. 132(3) inserted by No. 50/2019 s. 5(3).\n\n(3) A proceeding for a workplace manslaughter offence may be brought at any time.\n\nS. 132(4) inserted by No. 50/2019 s. 5(3).\n\n***workplace manslaughter offence*** means—\n\n(a) an offence against section 39G(1) or (2);\n\n(b) an offence against section 144(1) arising in respect of a contravention against section 39G(1).\n\n","sortOrder":162},{"sectionNumber":"133","sectionType":"section","heading":"Judicial notice of Minister's signature etc.","content":"\t133 Judicial notice of Minister's signature etc.\n\nAll courts must take judicial notice of the signature of—\n\n(a) the Minister; or\n\nS. 133(b) amended by No. 67/2013 s. 649(Sch. 9 item 25(6)).\n\n(b) the chief executive of the Authority (appointed under section 498 of the **Workplace Injury Rehabilitation and Compensation Act 2013**); or\n\n(c) the Chair of the Authority's Board of Management—\n\non each document authorised or required to be signed by the Minister, chief executive or Chair (as the case may be) for the purposes of this Act or the regulations.\n\n","sortOrder":163},{"sectionNumber":"134","sectionType":"section","heading":"Evidence of certain matters","content":"\t134 Evidence of certain matters\n\nIn proceedings for an offence against this Act or the regulations—\n\n(a) it is sufficient to allege that any place, whether or not in a building or structure, is a workplace within the meaning of this Act without further allegation; and\n\n(b) if the age of a person is material and there is insufficient evidence of the person's actual age, the court may have regard to his or her apparent age.\n\nDivision 2—Sentencing for offences\n\n","sortOrder":164},{"sectionNumber":"135","sectionType":"section","heading":"Adverse publicity orders","content":"\t135 Adverse publicity orders\n\n(1) If a court convicts a person, or finds a person guilty, of an offence against this Act or the regulations the court may make an order (an ***adverse publicity order***) in relation to the offender requiring the offender—\n\n(a) to take either or both of the following actions within the period specified in the order—\n\n(i) to publicise, in the way specified in the order, the offence, its consequences, the penalty imposed and any other related matter;\n\n(ii) to notify a specified person or specified class of persons, in the way specified in the order, of the offence, its consequences, the penalty imposed and any other related matter; and\n\n(b) to give the Authority, within 7 days after the end of the period specified in the order, evidence that the action or actions were taken by the offender in accordance with the order.\n\n(2) The court may make an adverse publicity order on its own initiative or on the application of the prosecutor.\n\n(3) If the offender fails to give evidence to the Authority in accordance with subsection (1)(b), the Authority, or a person authorised in writing by the Authority, may take the action or actions specified in the order.\n\n(4) However, if—\n\n(a) the offender gives evidence to the Authority in accordance with subsection (1)(b); and\n\n(b) despite that evidence, the Authority is not satisfied that the offender has taken the action or actions specified in the order in accordance with the order—\n\nthe Authority may apply to the court for an order authorising the Authority, or a person authorised in writing by the Authority, to take the action or actions.\n\n(5) If the Authority or a person authorised in writing by the Authority takes an action or actions in accordance with subsection (3) or an order under subsection (4), the Authority is entitled to recover from the offender, by action in a court of competent jurisdiction, an amount in respect of the reasonable expenses of taking the action or actions as a debt due to the Authority.\n\n(6) The court must not make an adverse publicity order unless it is satisfied that the costs of complying with the order do not exceed the maximum penalty amount that the court may impose on the offender for the offence concerned.\n\n(7) The court may make an adverse publicity order in relation to an offender in addition to or instead of—\n\n","sortOrder":165},{"sectionNumber":"136","sectionType":"section","heading":"Orders to undertake improvement projects","content":"\t136 Orders to undertake improvement projects\n\n(1) If a court convicts a person or finds a person guilty of an offence against this Act or the regulations the court may make an order requiring the offender to undertake a specified project for the general improvement of occupational health, safety and welfare within the period specified in the order.\n\n(2) The order may specify conditions that must be complied with in undertaking the specified project.\n\n(3) The court must not make an order under this section unless it is satisfied that the costs of complying with the order do not exceed the maximum penalty amount that the court may impose on the offender for the offence concerned.\n\n(4) The court may make an order under this section in relation to an offender in addition to or instead of—\n\n","sortOrder":166},{"sectionNumber":"137","sectionType":"section","heading":"Release on the giving of a health and safety undertaking","content":"\t137 Release on the giving of a health and safety undertaking\n\n(1) If a court convicts a person or finds a person guilty of an offence against this Act or the regulations the court may (with or without recording a conviction) adjourn the proceeding for a period of up to 2 years and make an order for the release of the offender on the offender giving an undertaking with specified conditions.\n\n(2) An undertaking must specify the following conditions—\n\nS. 137(2)(a) amended by No. 68/2009 s. 97(Sch. item 90.26).\n\n(a) that the offender attends before the court if called on to do so during the period of the adjournment and, if the court so specifies, at the time to which the further hearing is adjourned;\n\nS. 137(2)(b) amended by Nos 66/2008 s. 32(2), 48/2017 s. 23.\n\n(b) that the offender does not commit, during the period of the adjournment, any offence against this Act, the regulations, the **Equipment (Public Safety) Act 1994** or the **Dangerous Goods Act 1985** or regulations made under those Acts;\n\n(c) that the offender observes any special conditions imposed by the court.\n\n(3) Without limiting subsection (2)(c), the court may impose on an offender who is an employer special conditions that the offender—\n\n(a) engage a consultant, who is approved in writing by the Authority, to advise on or assist with occupational health and safety matters; and\n\n(b) develop and implement a systematic approach to managing risks to health or safety that arise or may arise in the conduct of the offender's undertaking; and\n\n(c) arrange for the carrying out of an audit of the offender's undertaking in relation to health and safety by an independent person who is approved in writing by the Authority.\n\nS. 137(4) amended by No. 68/2009 s. 97(Sch. item 90.27).\n\n(4) An offender who has given an undertaking under this section may be called on to attend before the court—\n\n(a) by order of the court; or\n\n(b) by notice issued by the proper officer (within the meaning of section 72(4) of the **Sentencing Act 1991**) of the court.\n\nS. 137(5) amended by No. 68/2009 s. 97(Sch. item 90.28).\n\n(5) An order or notice under subsection (4) must be served on the offender not less than 4 days before the time specified in it for the attendance.\n\n(6) If the court is satisfied at the time to which a further hearing of a proceeding is adjourned that the offender has observed the conditions of the undertaking, it must discharge the offender without any further hearing of the proceeding.\n\n(7) The court may make an order under this section in relation to an offender in addition to or instead of—\n\nS. 138 (Heading) amended by No. 65/2011 s. 107(Sch. item 10.1).\n\nS. 138 amended by Nos 65/2011 s. 107(Sch. items 10.2, 10.3), 32/2013 s. 44, 21/2015 s. 3(Sch. 1 item 36).\n\n","sortOrder":167},{"sectionNumber":"138","sectionType":"section","heading":"Variation or contravention of orders under section 137","content":"\t138 Variation or contravention of orders under section 137\n\nSection 78 and Divisions 1 and 2 of Part 3C of the **Sentencing Act 1991** (and any definitions in that Act of terms used in that section or Divisions 1 and 2 of that Part) apply to an order under section 137 of this Act for the release of an offender as though they were incorporated into this Act and as though—\n\n(a) a reference to Subdivision (2) or (3) were instead a reference to section 137 of this Act; and\n\nS. 138(ab) inserted by No. 65/2011 s. 107(Sch. item 10.4).\n\n(ab) a reference to section 72 or 75 were a reference to section 137; and\n\n(b) a reference to a prescribed person, a member of a prescribed class of persons, the informant or a police prosecutor were instead a reference to the Authority; and\n\nS. 138(c) amended by No. 65/2011 s. 107(Sch. item 10.5).\n\n(c) the reference in section 83AC of the **Sentencing Act 1991** to a level 10 fine were instead a reference to a fine not exceeding 10 penalty units for a natural person or 50 penalty units for a body corporate; and\n\n(d) any other necessary modifications were made.\n\nDivision 3—Infringement notices\n\n","sortOrder":168},{"sectionNumber":"139","sectionType":"section","heading":"Infringement notices","content":"\t139 Infringement notices\n\n(1) The regulations may provide that a person may be served with an infringement notice as an alternative to a prosecution for an offence (other than an indictable offence) against this Act or the regulations that is prescribed by the regulations for the purposes of this section.\n\nS. 139(1A) inserted by No. 32/2006 s. 94(Sch. item 36(1)).\n\n(1A) An offence referred to in subsection (1) for which an infringement notice may be served is an infringement offence within the meaning of the **Infringements Act 2006**.\n\nS. 139(1B) inserted by No. 36/2021 s. 19.\n\n(1B) For the purposes of subsection (1), an infringement notice for an offence referred to in subsection (1) may be served in a manner specified in section 115(1) or (1A).\n\nSection 12 of the **Infringements Act 2006** contains further provisions regarding service of infringement notices.\n\nS. 139(1C) inserted by No. 36/2021 s. 19.\n\n(1C) Section 8(1) and (2) of the **Electronic Transactions (Victoria) Act 2000** do not apply to service of an infringement notice by electronic communication in a manner specified in section 115(1) or (1A).\n\n(2) An infringement notice must specify a penalty for the alleged offence that does not exceed the lesser of—\n\n(a) 10 penalty units; or\n\n(b) one fifth of the maximum penalty that could be imposed by a court for the offence.\n\nS. 139(3) substituted by No. 32/2006 s. 94(Sch. item 36(2)).\n\n(3) The regulations must prescribe the person or class of persons who may issue infringement notices.\n\nS. 139(4) repealed by No. 32/2006 s. 94(Sch. item 36(3)), new s. 139(4) inserted by No. 10/2022 s. 53.\n\n(4) Despite anything to the contrary in the **Fines Reform Act 2014**, any amount recovered in relation to an offence referred to in subsection (1) must be paid into the WorkCover Authority Fund, unless regulations made under the **Workplace Injury Rehabilitation and Compensation Act 2013** expressly provide otherwise.\n\nSs 140–142 repealed by No. 32/2006 s. 94(Sch. item 36(3)).\n\nDivision 4—Offences by bodies corporate\n\n","sortOrder":169},{"sectionNumber":"143","sectionType":"section","heading":"Imputing conduct to bodies corporate","content":"\t143 Imputing conduct to bodies corporate\n\nFor the purposes of this Act and the regulations, any conduct engaged in on behalf of a body corporate by an employee, agent or officer (within the meaning given by section 9 of the Corporations Act) of the body corporate acting within the actual or apparent scope of his or her employment, or within his or her actual or apparent authority, is conduct also engaged in by the body corporate.\n\n","sortOrder":170},{"sectionNumber":"144","sectionType":"section","heading":"Liability of officers of bodies corporate","content":"\t144 Liability of officers of bodies corporate\n\nS. 144(1) amended by No. 50/2019 s. 6.\n\n(1) If a body corporate (including a body corporate representing the Crown) contravenes a provision of this Act or the regulations and the contravention is attributable to an officer of the body corporate failing to take reasonable care, the officer is guilty of an offence and liable to—\n\n(a) if the provision contravened was section 39G(1), a fine not exceeding 10 000 penalty units; or\n\n(b) otherwise, a fine not exceeding the maximum fine for an offence constituted by a contravention by a natural person of the provision contravened by the body corporate.\n\n(2) An offence against subsection (1) is summary or indictable in nature according to whether the offence constituted by the contravention by the body corporate is summary or indictable.\n\n(3) In determining whether an officer of a body corporate is guilty of an offence, regard must be had to—\n\n(a) what the officer knew about the matter concerned; and\n\n(b) the extent of the officer's ability to make, or participate in the making of, decisions that affect the body corporate in relation to the matter concerned; and\n\n(c) whether the contravention by the body corporate is also attributable to an act or omission of any other person; and\n\n(d) any other relevant matter.\n\n(4) An officer of a body corporate may be convicted or found guilty of an offence in accordance with subsection (1) whether or not the body corporate has been convicted or found guilty of the offence committed by it.\n\n(5) An officer of a body corporate (including a body corporate representing the Crown) who is a volunteer is not liable to be prosecuted under this section for anything done or not done by him or her as a volunteer.\n\n1  ***Officer*** of a body corporate includes a person who makes or participates in the making of decisions that affect the whole or a substantial part of the body corporate's business and a person who has the capacity to affect significantly the body corporate's financial standing (see section 5).\n\n2 For ***volunteer***, see section 5.\n\nDivision 5—Offences by partnerships and unincorporated bodies or associations\n\n\t145 Liability of officers of partnerships and unincorporated bodies or associations\n\n(1) Subject to subsection (2), if—\n\nS. 145(1)(a) amended by No. 48/2017 s. 24.\n\n(a) this Act or the regulations imposes a duty on a person or provides that a person is guilty of an offence; and\n\n(b) the person is a partnership or an unincorporated body or association (including a partnership or an unincorporated body or association representing the Crown)—\n\nthe reference to the person is taken to be instead a reference to each officer of the partnership, body or association (as the case may be).\n\nS. 145(2) amended by No. 48/2017 s. 24.\n\n(2) If an offence against this Act or the regulations is committed by an officer of a partnership or an unincorporated body or association because of the effect of subsection (1), the officer is only guilty of the offence if the commission of the offence is attributable to the officer failing to take reasonable care.\n\nS. 145(3) substituted by No. 50/2019 s. 7.\n\n(3) The penalty to which an officer of a partnership or an unincorporated body or association is liable for an offence committed by the officer because of the effect of subsection (1) is—\n\n(a) if the offence is against section 39G(1), a fine not exceeding 10 000 penalty units; or\n\n(b) otherwise, a fine not exceeding the maximum fine that could be imposed by a court on a natural person found guilty of the same offence committed at the same time (otherwise than because of the effect of subsection (1)).\n\n(4) In determining whether an officer of a partnership or unincorporated body or association is guilty of an offence, regard must be had to—\n\n(a) what the officer knew about the matter concerned; and\n\n(b) the extent of the officer's ability to make, or participate in the making of, decisions that affect the partnership, body or association in relation to the matter concerned; and\n\n(c) whether the commission of the offence is also attributable to an act or omission of any other person; and\n\n(d) any other relevant matter.\n\n(5) An officer of a partnership or unincorporated body or association who is a volunteer is not liable to be prosecuted under this section for anything done or not done by him or her as a volunteer.\n\n1 ***Officer*** of a partnership or unincorporated body or association includes a person who makes or participates in the making of decisions that affect the whole or a substantial part of the business of the partnership, body or association and a person who has the capacity to affect significantly the financial standing of the partnership, body or association (see section 5).\n\n2 For ***volunteer***, see section 5.\n\nDivision 6—Proceedings against the Crown\n\n\t146 Responsible agency for the Crown\n\n(1) If the Crown is to be served with an infringement notice, or proceedings are brought against the Crown, for an offence against this Act or the regulations the responsible agency in respect of the offence may be specified in the infringement notice or any document initiating, or relating to, the proceedings (as the case may be).\n\n(2) In this section, the ***responsible agency*** in respect of an offence is the agency of the Crown—\n\n(a) whose acts or omissions are alleged to constitute the offence; or\n\n(b) if that agency has ceased to exist, that is the successor of that agency; or\n\n(c) if that agency has ceased to exist and there is no clear successor, that the court declares to be the responsible agency.\n\n(3) The responsible agency in respect of an offence is entitled to act in proceedings against the Crown for the offence and, subject to any relevant rules of court, the procedural rights and obligations of the Crown as the accused in the proceedings are conferred or imposed on the responsible agency.\n\n(4) The person prosecuting the offence may change the responsible agency during the proceedings with the court's leave.\n\n","sortOrder":171},{"sectionNumber":"147","sectionType":"section","heading":"Infringement and other notices may be issued to the Crown","content":"\t147 Infringement and other notices may be issued to the Crown\n\n(1) The Crown in any capacity may be issued with an infringement notice for an offence against this Act or the regulations.\n\nFor infringement notices generally, see Division 3.\n\n(2) If a notice is to be issued to the Crown under Division 5 of Part 7 or Division 8 of Part 9 by a health and safety representative or inspector, the notice may be issued to the agency of the Crown that would be the responsible agency under section 146 if the Crown were prosecuted for an offence of contravening the notice.\n\n","sortOrder":172},{"sectionNumber":"148","sectionType":"section","heading":"Proceedings against successors to public bodies","content":"\t148 Proceedings against successors to public bodies\n\n(1) In this section, ***public body*** means—\n\n(a) a body corporate representing the Crown; or\n\n(b) a State owned enterprise or reorganising body (within the meaning of the **State Owned Enterprises Act 1992**); or\n\nS. 148(1)(c) amended by No. 9/2020 s. 390(Sch. 1 item 74).\n\n(c) a Council (within the meaning of the **Local Government Act 2020**); or\n\n(d) a public entity (within the meaning of the **Public Administration Act 2004**).\n\n(2) Proceedings for an offence against this Act or the regulations that were instituted against a public body before its dissolution, or that could have been instituted against a public body if not for its dissolution, may be continued or instituted against its successor if the successor is a public body.\n\n(3) An infringement notice served on a public body for an offence against this Act or the regulations is taken to be an infringement notice served on its successor if the successor is a public body.\n\n(4) Similarly, any penalty paid by a public body in respect of an infringement notice is taken to be a penalty paid by its successor if the successor is a public body.\n\nPt 11A (Heading and s. 148A) inserted by No. 36/2021 s. 7.\n\n","sortOrder":173},{"sectionNumber":"Part 11A","sectionType":"part","heading":"Insurance and indemnity for pecuniary penalties prohibited","content":"Part 11A—Insurance and indemnity for pecuniary penalties prohibited\n\nS. 148A inserted by No. 36/2021 s. 7.\n\n","sortOrder":174},{"sectionNumber":"148A","sectionType":"section","heading":"Certain insurance and indemnity arrangements void","content":"\t148A Certain insurance and indemnity arrangements void\n\nA term of a contract or other arrangement that purports to insure or indemnify a person for the person's liability to pay a pecuniary penalty under this Act or the regulations is void to the extent that the term provides for that insurance or indemnity.\n\nS. 148B inserted by No. 36/2021 s. 8.\n\n","sortOrder":175},{"sectionNumber":"148B","sectionType":"section","heading":"Prohibition on insurance and indemnity for pecuniary penalties","content":"\t148B Prohibition on insurance and indemnity for pecuniary penalties\n\n(1) A person must not—\n\n(a) enter into or be a party to a contract or other arrangement that purports to insure or indemnify the person for the person's liability to pay a pecuniary penalty under this Act or the regulations; or\n\n(b) enter into, offer to enter into or be a party to a contract or other arrangement  that purports to insure or indemnify another person for that other person's liability to pay a pecuniary penalty under this Act or the regulations.\n\n(2) A person does not commit an offence against subsection (1) if the person has a reasonable excuse for entering into, offering to enter into or being a party to the contract or other arrangement.\n\n(3) A person must not receive a benefit under a term of a contract or other arrangement that is a term which purports to insure or indemnify the person for the person's liability for a pecuniary penalty under this Act or the regulations.\n\n(4) A person must not provide a benefit to another person under a term of a contract or other arrangement that is a term which purports to insure or indemnify that other person for that person's liability for a pecuniary penalty under this Act or the regulations.\n\n(5) An offence against subsection (1), (3) or (4) is an indictable offence.\n\n","sortOrder":176},{"sectionNumber":"Part 12","sectionType":"part","heading":"Compliance codes","content":"Part 12—Compliance codes\n\n","sortOrder":177},{"sectionNumber":"149","sectionType":"section","heading":"Compliance codes","content":"\t149 Compliance codes\n\n(1) For the purpose of providing practical guidance to persons who have duties or obligations under this Act or the regulations, the Minister may make an order approving a compliance code.\n\n(2) A compliance code may apply, adopt or incorporate any matter contained in a document formulated, issued or published by a person or body whether—\n\n(a) with or without modification; or\n\n(b) as in force at a particular time or from time to time.\n\n(3) The Minister may make an order approving the variation of a compliance code or revoking the approval of a compliance code.\n\n(4) An order approving a compliance code, or a variation or revocation order, takes effect when notice of it is published in the Government Gazette or on such later date as is specified in the order.\n\nThe Minister's power to make an order approving a compliance code, or a variation order, is subject to disallowance by the Parliament (see section 151).\n\n(5) As soon as practicable after making an order approving a compliance code, or a variation or revocation order, the Minister must ensure that notice of the making of the order is published in the Government Gazette and a newspaper circulating generally throughout the State.\n\n(6) The Minister must ensure that a copy of—\n\n(a) each compliance code that is currently approved; and\n\n(b) each document applied, adopted or incorporated (to any extent) by a compliance code—\n\nis available for inspection by members of the public without charge at the office of the Authority during normal business hours.\n\n","sortOrder":178},{"sectionNumber":"150","sectionType":"section","heading":"Effect of compliance codes","content":"\t150 Effect of compliance codes\n\nA failure to comply with a compliance code does not give rise to any civil or criminal liability.\n\nA person who complies with a compliance code may, however, be taken to have complied with this Act (see section 152).\n\n","sortOrder":179},{"sectionNumber":"151","sectionType":"section","heading":"Disallowance of certain compliance code orders","content":"\t151 Disallowance of certain compliance code orders\n\n(1) The Minister's power to make an order approving a compliance code, or a variation order, under section 149 is subject to the order being disallowed by the Parliament.\n\n(2) Section 15 and Part 5 of the **Subordinate Legislation Act 1994** apply for the purposes of subsection (1) as though—\n\n(a) an order were a statutory rule (within the meaning of that Act); and\n\n(b) notice of the making of the statutory rule had been published in the Government Gazette when notice of the order or variation order (as the case may be) was published in the Government Gazette.\n\n","sortOrder":180},{"sectionNumber":"Part 13","sectionType":"part","heading":"Other matters","content":"Part 13—Other matters\n\nS. 151A inserted by No. 28/2005 s. 29.\n\n","sortOrder":181},{"sectionNumber":"151A","sectionType":"section","heading":"Contributions by non-WorkCover employers to the WorkCover Authority Fund","content":"\t151A Contributions by non-WorkCover employers to the WorkCover Authority Fund\n\nS. 151A(1) amended by No. 67/2013 s. 649(Sch. 9 item 25(7)(a)).\n\n(1) The Authority must determine the amount of contributions payable into the WorkCover Authority Fund under section 513 of the **Workplace Injury Rehabilitation and Compensation Act 2013** by non-WorkCover employers to be applied towards the costs and expenses incurred by the Authority for the provision of occupational health, safety and welfare regulation and related education and prevention services.\n\nS. 151A(2) amended by No. 67/2013 s. 649  \n(Sch. 9 item 25(7)(b)–(e)).\n\n(2) The amount is to be determined in accordance with the formula—\n\n![]()—\n\nwhere—\n\n **\"A\"** is the rateable remuneration paid or payable by the non-WorkCover employer during the preceding financial year calculated as if the non-WorkCover employer were an employer liable to pay a premium under the **Workplace Injury Rehabilitation and Compensation Act 2013**;\n\n **\"B\"** is the sum of the total rateable remuneration paid or payable—\n\n(i) by all employers liable to pay a premium under the **Workplace Injury Rehabilitation and Compensation Act 2013** during the preceding financial year; and\n\n(ii) by all self-insurers calculated as if each self-insurer were an employer liable to pay a premium under the **Workplace Injury Rehabilitation and Compensation Act 2013** during the preceding financial year; and\n\n(iii) by all non-WorkCover employers calculated as if each non-WorkCover employer were an employer liable to pay a premium under the **Workplace Injury Rehabilitation and Compensation Act 2013** during the preceding financial year;\n\n **\"C\"** is the sum of—\n\n(i) the total of the costs incurred by the Authority in the preceding quarter referred to in paragraphs (b), (c), (e), (f) and (k) of section 513(5) of the **Workplace Injury Rehabilitation and Compensation Act 2013**; and\n\n(ii) the costs incurred by the Authority in the preceding quarter in the administration of Divisions 2 and 3 of Part 6 of the **Workplace Injury Rehabilitation and Compensation Act 2013**;\n\n **\"D\"** is the sum of the costs incurred by the Authority during the preceding quarter, being the costs—\n\n(i) referred to in section 513(5)(b) of the **Workplace Injury Rehabilitation and Compensation Act 2013**; and\n\n(ii) the costs incurred in the administration of Divisions 2 and 3 of Part 11 of the **Workplace Injury Rehabilitation and Compensation Act 2013**;\n\n **\"E\"** is, subject to any adjustment in accordance with subsection (3), the sum of the costs incurred by the Authority in the preceding quarter related to—\n\n(i) the operation and management of its rehabilitation, compensation and insurance functions;\n\n(ii) the administration, operation, management and maintenance of the Authority's central computer network used by authorised agents;\n\n(iii) actuarial services provided to the Authority;\n\n(iv) the administration and support of the operation and management of its rehabilitation, compensation and insurance functions (other than costs referred to in subparagraphs (ii) and (iii));\n\n **\"F\"** is the sum of the costs, including the administration costs, incurred by the Authority in the preceding quarter directly related to the administration and support of public safety activities and operations;\n\n **\"G\"** is 60% or, if another percentage, not exceeding 100%, is prescribed by the regulations for the purposes of this section, the prescribed percentage.\n\n(3) The costs referred to in \"E\" in subsection (2) are to be assessed for each quarter and, following the annual audit of the Authority's financial statements, any necessary adjustments made to the total of \"E\" in the next quarterly contribution payable.\n\n(4) The contribution by a non-WorkCover employer—\n\n(a) is payable on 1 August, 1 November, 1 February and 1 May in each year; and\n\n(b) must be paid within 14 days of the due date.\n\n(5) If a contribution is not paid by the due date, the amount of the contribution together with interest at the prescribed rate and a surcharge of $100 per day until the contribution is paid may be recovered by the Authority as a civil debt recoverable summarily.\n\n(6) A non-WorkCover employer must at the intervals specified by the Authority submit to the Authority—\n\n(a) a return in the form approved by the Authority; and\n\n(b) a statutory declaration in support of the information provided in the return—\n\nto enable the Authority to determine the amount of contributions payable.\n\n(7) A non-WorkCover employer who fails to comply with subsection (6) is guilty of an offence against this Act and liable to a penalty for each day during which the default continues of—\n\nS. 151B inserted by No. 28/2005 s. 29.\n\n","sortOrder":182},{"sectionNumber":"151B","sectionType":"section","heading":"Provision of return by non-WorkCover employers","content":"\t151B Provision of return by non-WorkCover employers\n\n(1) The Authority must issue instructions specifying the information relating to—\n\n(a) employment; and\n\n(b) occupational health, safety and welfare matters—\n\nrequired to be provided by a non-WorkCover employer at the intervals specified by the Authority for the purposes of this section.\n\n(2) A non-WorkCover employer must within the period of 30 days after the end of each specified interval submit to the Authority a return in the form approved by the Authority containing the information required by the instructions issued under subsection (1).\n\n(3) A non-WorkCover employer who fails to comply with subsection (2) is guilty of an offence against this Act and liable to a penalty for each day during which the default continues of—\n\nS. 151C inserted by No. 28/2005 s. 29.\n\n","sortOrder":183},{"sectionNumber":"151C","sectionType":"section","heading":"Authority may require non-WorkCover employer to provide further information","content":"\t151C Authority may require non-WorkCover employer to provide further information\n\n(1) The Authority may by notice in writing require a non-WorkCover employer to provide to the Authority or a person specified in the notice information which the Authority considers is reasonably required for the purposes of this Act in respect of any activity as an employer or an occupational health, safety and welfare matter as is specified in the notice.\n\n(2) A non-WorkCover employer must comply with a notice received under subsection (1) within the period of 30 days after the notice is received or within any further period as may be agreed between the Authority and the non-WorkCover employer.\n\n(3) A non-WorkCover employer who fails to comply with subsection (2) is guilty of an offence against this Act and liable to a penalty for each day during which the default continues of—\n\nS. 151D inserted by No. 28/2005 s. 29.\n\n","sortOrder":184},{"sectionNumber":"151D","sectionType":"section","heading":"Authority may require information from non-WorkCover employers","content":"\t151D Authority may require information from non-WorkCover employers\n\n(1) The Authority may by notice in writing require a non-WorkCover employer to provide to the Authority within 30 days of the date of the notice such information as the Authority considers is reasonably required for the purposes of this Act as to the means by which data relating to any of its activities as an employer is collected, collated, stored or retrieved.\n\n(2) A non-WorkCover employer must comply with a notice received under subsection (1) within the period of 30 days after the notice is received or within any further period as may be agreed between the Authority and the non-WorkCover employer.\n\n(3) A non-WorkCover employer who fails to comply with subsection (2) is guilty of an offence against this Act and liable to a penalty for each day during which the default continues of—\n\nS. 151E inserted by No. 28/2005 s. 29.\n\n","sortOrder":185},{"sectionNumber":"151E","sectionType":"section","heading":"Authority may require non-WorkCover employer to facilitate the provision of information","content":"\t151E Authority may require non-WorkCover employer to facilitate the provision of information\n\n(1) The Authority may by notice in writing require a non-WorkCover employer to make any changes to the manner in which the non-WorkCover employer collects, collates, stores, retrieves or transfers data as are reasonably necessary to enable the non-WorkCover employer to comply with sections 151A, 151B and 151C.\n\n(2) A non-WorkCover employer must comply with a notice received under subsection (1) within the period of 30 days after the notice is received or within any further period as may be agreed between the Authority and the non-WorkCover employer.\n\n(3) A non-WorkCover employer who fails to comply with subsection (2) is guilty of an offence against this Act and liable to a penalty for each day during which the default continues of—\n\nS. 151F inserted by No. 28/2005 s. 29.\n\n","sortOrder":186},{"sectionNumber":"151F","sectionType":"section","heading":"Application of sections 151A to 151E","content":"\t151F Application of sections 151A to 151E\n\nSections 151A to 151E apply in relation to a non-WorkCover employer as from the end of, and in respect of, the first full month after the exit date.\n\n","sortOrder":187},{"sectionNumber":"152","sectionType":"section","heading":"Effect of compliance with regulations or compliance codes","content":"\t152 Effect of compliance with regulations or compliance codes\n\nIf—\n\n(a) the regulations or a compliance code make provision for or with respect to a duty or obligation imposed by this Act or the regulations; and\n\n(b) a person complies with the regulations or compliance code to the extent that it makes that provision—\n\nthe person is, for the purposes of this Act and the regulations, taken to have complied with this Act or the regulations in relation to that duty or obligation.\n\n","sortOrder":188},{"sectionNumber":"153","sectionType":"section","heading":"Offence to give false or misleading information","content":"\t153 Offence to give false or misleading information\n\n(1) A person must not give information in complying or purportedly complying with this Act or the regulations that the person knows to be false or misleading in a material particular.\n\n(2) A person must not produce a document in complying or purportedly complying with this Act or the regulations that the person knows to be false or misleading in a material particular without—\n\n(a) indicating the respect in which it is false or misleading; and\n\n(b) if practicable, providing correct information.\n\nS. 153(3) inserted by No. 48/2017 s. 25.\n\n(3) An offence against subsection (1) or (2) is an indictable offence.\n\n","sortOrder":189},{"sectionNumber":"154","sectionType":"section","heading":"Protection against self-incrimination","content":"\t154 Protection against self-incrimination\n\n(1) A natural person may refuse or fail to give information or do any other thing that the person is required to do by or under this Act or the regulations if giving the information or doing the other thing would tend to incriminate the person.\n\n(2) However, subsection (1) does not apply to—\n\n(a) the production of a document or part of a document that the person is required by this Act or the regulations to produce; or\n\n(b) the giving of a person's name or address in accordance with section 119.\n\nS. 155 (Heading) amended by No. 69/2009 s. 54(Sch. Pt 1 item 40.2).\n\n","sortOrder":190},{"sectionNumber":"155","sectionType":"section","heading":"Legal professional privilege and client legal privilege not affected","content":"\t155 Legal professional privilege and client legal privilege not affected\n\nNothing in this Act or the regulations—\n\nS. 155(a) amended by No. 69/2009 s. 54(Sch. Pt 1 item 40.3).\n\n(a) entitles or requires a person to disclose information that is the subject of legal professional privilege or client legal privilege; or\n\nS. 155(b) amended by No. 69/2009 s. 54(Sch. Pt 1 item 40.3).\n\n(b) affects the law or practice relating to legal professional privilege or client legal privilege.\n\n","sortOrder":191},{"sectionNumber":"156","sectionType":"section","heading":"Delegation by the Minister","content":"\t156 Delegation by the Minister\n\n(1) The Minister may, in writing, delegate to any person all or any of his or her functions or powers under this Act or the regulations (other than this power of delegation).\n\n(2) In the performance of a delegated function or exercise of a delegated power the delegate is subject to the Minister's directions.\n\nS. 157 (Heading) amended by No. 10/2010 s. 800(Sch. 6 item 10.1).\n\n","sortOrder":192},{"sectionNumber":"157","sectionType":"section","heading":"Responsibility for activities carried out under the Offshore Petroleum and Greenhouse Gas Storage Act","content":"\t157 Responsibility for activities carried out under the Offshore Petroleum and Greenhouse Gas Storage Act\n\nS. 157(1) amended by No. 10/2010 s. 800(Sch. 6 item 10.2).\n\n(1) In this section, ***relevant Minister*** means the Minister for the time being administering the **Offshore Petroleum and Greenhouse Gas Storage Act 2010**.\n\n(2) Despite anything to the contrary in this Act but subject to subsection (4), the relevant Minister—\n\nS. 157(2)(a) amended by No. 10/2010 s. 800(Sch. 6 item 10.3).\n\n(a) has direct and primary concern and responsibility for the administration of this Act with respect to activities carried out under the Offshore Petroleum and Greenhouse Gas Storage Act 2006 of the Commonwealth or the **Offshore Petroleum and Greenhouse Gas Storage Act 2010**; and\n\n(b) may exercise for that purpose all the powers and functions of the Minister or Authority under this Act or the regulations.\n\n(3) For the purposes only of subsection (2), this section applies as if a reference in this Act or the regulations—\n\n(a) to the Minister were a reference to the relevant Minister; and\n\n(b) to the Authority were a reference to the Secretary to the Department of Primary Industries; and\n\n(c) to an officer or employee of the Authority were a reference to a person employed under Part 3 of the **Public Administration Act 2004** by the Department Head (within the meaning of that Act) of the Department of Primary Industries.\n\n(4) Subsection (2) does not apply to any power, function or responsibility of the Minister relating to compliance codes or to the making of regulations.\n\n","sortOrder":193},{"sectionNumber":"158","sectionType":"section","heading":"Regulations","content":"\t158 Regulations\n\n(1) The Governor in Council may make regulations for or with respect to the following—\n\n(a) the way in which duties or obligations imposed by this Act or the regulations are performed;\n\n(b) regulating or prohibiting specified activities or a specified class of activities—\n\n(i) at workplaces or a specified class of workplaces; or\n\n(ii) by a specified class of persons on whom duties or obligations are imposed by this Act—\n\nto eliminate or reduce risks to health or safety;\n\nS. 158(1)(c) amended by No. 41/2016 s. 6.\n\n(c) prescribing any matters with respect to licensing, registration, qualifications, permits or certificates of competency referred to in Part 6 (including providing for exemptions, the authorisation of persons as trainers and assessors and the examination of applicants for licences, permits or certificates of competency);\n\n(d) prescribing (whether or not by reference to Part 10) the circumstances and way in which a decision made under the regulations with respect to a licence, registration, qualifications, permit or certificate of competency referred to in Part 6 may be reviewed;\n\n(e) regulating or requiring the taking of any action to avoid an incident at a workplace or in the course of conducting an undertaking of an employer or self-employed person;\n\n(f) regulating, requiring or prohibiting the taking of any action in the event of an incident at a workplace or in the course of conducting an undertaking of an employer or self-employed person;\n\n(g) regulating or requiring—\n\n(i) the examination, testing, maintenance or repair of plant; or\n\n(ii) the examination, testing, analysis or labelling of any substance;\n\n(h) regulating or requiring the provision and use of protective clothing or equipment, or rescue equipment, in prescribed circumstances;\n\n(i) prescribing standards relating to the use of or exposure to any physical, biological, chemical or psychological hazard;\n\n(j) regulating or requiring the provision by employers of prescribed facilities for the welfare of persons at the workplace;\n\n(k) requiring records of prescribed activities, matters or things to be kept by prescribed persons;\n\n(l) requiring notice of prescribed activities, matters or things to be given to the Authority, an inspector or other prescribed person;\n\n(m) prescribing exemptions of specified persons or specified classes of persons from complying with any of the regulations on the terms and conditions (if any) prescribed;\n\n(n) allowing the Authority to provide exemptions from complying with any of the regulations on the terms and conditions (if any) prescribed or, if the regulations allow, on the terms and conditions (if any) determined by the Authority;\n\n(o) prescribing fees for doing any act or providing any service for the purposes of this Act or the regulations and prescribing the circumstances and way in which fees are to be refunded;\n\n(p) prescribing a penalty for any contravention of the regulations not exceeding—\n\n(i) 100 penalty units for a natural person; and\n\n(ii) 500 penalty units for a body corporate, or 5 times the penalty prescribed for such a contravention by a natural person, whichever is the lesser;\n\n(q) any other matter or thing required or permitted by this Act to be prescribed or that is necessary to be prescribed to give effect to this Act.\n\n(2) The regulations may—\n\n(a) be of general or limited application; or\n\n(b) differ according to differences in time, place or circumstance; or\n\n(c) leave any matter or thing to be, from time to time, determined, applied or approved by the Authority, an inspector or any other prescribed person or body of persons; or\n\n(d) apply, adopt or incorporate any matter contained in any document formulated, issued or published by a person or body whether—\n\n(i) with or without modification; or\n\n(ii) as in force at a particular time or from time to time.\n\nPart 14—Repeal of old Act and transitional provisions\n\nDivision 1—Repeal of Occupational Health and Safety Act 1985\n\n\t159 Repeal\n\nThe **Occupational Health and Safety Act 1985** is **repealed**.\n\nDivision 2—Transitional provisions\n\n","sortOrder":194},{"sectionNumber":"160","sectionType":"section","heading":"Definition of *old Act*","content":"\t160 Definition of *old Act*\n\nIn this Division, ***old Act*** means the **Occupational Health and Safety Act 1985**.\n\n","sortOrder":195},{"sectionNumber":"161","sectionType":"section","heading":"No effect on Interpretation of Legislation Act 1984","content":"\t161 No effect on Interpretation of Legislation Act 1984\n\nNothing in this Part limits or otherwise affects the operation of the **Interpretation of Legislation Act 1984**.\n\n","sortOrder":196},{"sectionNumber":"162","sectionType":"section","heading":"Limitation on duties of designers of buildings or structures","content":"\t162 Limitation on duties of designers of buildings or structures\n\nThe duties imposed by section 28 on a person who designs all or part of a building or structure do not apply in respect of any part of a building or structure the design of which is started before that section commences.\n\n","sortOrder":197},{"sectionNumber":"163","sectionType":"section","heading":"Continuation of designated work groups","content":"\t163 Continuation of designated work groups\n\nA designated work group that was determined under the old Act and in existence immediately before the commencement of Part 7 of this Act is, on and after that commencement, taken to be a designated work group established under Division 1 of that Part.\n\n","sortOrder":198},{"sectionNumber":"164","sectionType":"section","heading":"Continuation of health and safety representatives","content":"\t164 Continuation of health and safety representatives\n\n(1) A person who, immediately before the commencement of Part 7 of this Act, was a health and safety representative for a designated work group under section 30 of the old Act continues, on and after that commencement, as a health and safety representative for that designated work group for the purposes of this Act and the regulations until the earlier of—\n\n(a) 3 years after that commencement; or\n\n(b) the person ceases to hold office because of section 55(2) of this Act.\n\n(2) Despite the repeal of the old Act, the duty imposed by section 31(2)(c) of the old Act on an employer continues in existence on and after that commencement until the commencement of Part 4 of this Act as though the old Act had not been repealed.\n\n(3) For the purposes of subsection (2), any other provision of the old Act (including, but not limited to, Part VII) necessary to give effect to the provision continued in existence by force of that subsection also continues to apply in relation to that provision until the commencement of Part 4 of this Act.\n\n","sortOrder":199},{"sectionNumber":"165","sectionType":"section","heading":"Continuation of health and safety committees","content":"\t165 Continuation of health and safety committees\n\nA health and safety committee that was established under section 37 of the old Act and in existence immediately before the commencement of Part 7 of this Act is, on and after that commencement, taken to be a health and safety committee established under that Part.\n\n","sortOrder":200},{"sectionNumber":"166","sectionType":"section","heading":"Continuation of inspectors","content":"\t166 Continuation of inspectors\n\n(1) A person who, immediately before the commencement of Part 9 of this Act, held office as an inspector under Part 5 of the old Act is, on and after that commencement, taken to be an inspector appointed under this Act.\n\n(2) A certificate of appointment or identification card that was issued to such a person under section 38 of the old Act is, on and after the commencement of Part 9 of this Act, taken to be a certificate of appointment issued to the person under section 95 of this Act or an identity card issued to the person under section 96 of this Act (as the case may be).\n\n","sortOrder":201},{"sectionNumber":"167","sectionType":"section","heading":"Inspectors' powers relating to offences committed before commencement","content":"\t167 Inspectors' powers relating to offences committed before commencement\n\nThe powers of an inspector under Part 9 of this Act (including the powers to issue notices under Division 8 of that Part) and any limitations or conditions on those powers apply, on and after the commencement of that Part, as though a reference in that Part to—\n\n(a) a contravention of a provision of this Act or the regulations included a reference to a contravention of the old Act or the regulations under the old Act; and\n\n(b) an offence against this Act or the regulations included a reference to an offence against the old Act or the regulations under the old Act.\n\n","sortOrder":202},{"sectionNumber":"168","sectionType":"section","heading":"Use of codes of practice in proceedings","content":"\t168 Use of codes of practice in proceedings\n\nDespite the repeal of the old Act, section 56 of that Act continues to apply, on and after that repeal, to proceedings for an offence against the old Act or the regulations under the old Act.\n\n","sortOrder":203},{"sectionNumber":"169","sectionType":"section","heading":"Treatment of improvement notices, prohibition notices and certain directions","content":"\t169 Treatment of improvement notices, prohibition notices and certain directions\n\n(1) An improvement notice issued under section 43 of the old Act or prohibition notice issued under section 44 of the old Act, that was in force immediately before the commencement of Part 9 of this Act is, on and after that commencement, taken to be an improvement notice or prohibition notice (as the case may be) issued under that Part and may be varied or cancelled accordingly.\n\n(2) A direction issued by an inspector under section 39(1)(j) of the old Act that has effect immediately before the commencement of Part 9 of this Act continues, on and after that commencement, to have that effect subject to any limitations or conditions that applied immediately before the commencement.\n\n","sortOrder":204},{"sectionNumber":"170","sectionType":"section","heading":"Things done under the old Act","content":"\t170 Things done under the old Act\n\n(a) a licence or certificate issued; or\n\n(b) a registration or notification effected; or\n\n(c) an exemption granted; or\n\n(d) any other thing done—\n\nunder or for the purposes of the old Act or the regulations under the old Act, that has effect immediately before the commencement of Part 1 of this Act.\n\n(2) If, on that commencement, there is a provision in this Act or the regulations that requires or allows a corresponding thing to be done, the thing—\n\n(a) is taken to have been done, on and after that commencement, under or for the purposes of that provision; and\n\n(b) is subject to any limitations or conditions that applied immediately before that commencement.\n\n(3) This section has effect subject to anything to the contrary in this Division or this Act.\n\n\t171 Proceedings for offences against old Act\n\nDivision 1 of Part 11 applies to proceedings for an offence against the old Act that are commenced on or after the commencement of this Part.\n\n\t172 Continuation of certain regulations\n\n(1) Despite section 5 of the **Subordinate Legislation Act 1994**, the regulations made under the old Act that are listed in the table, as in force immediately before the commencement of this Part, continue on and after that commencement as though they had been made under this Act until the earlier of—\n\n| *Item* | *Title* | *Statutory rule number* |\n| --- | --- | --- |\n| 1. | Occupational Health and Safety (Certification of Plant Users and Operators) Regulations 1994 | 108/1994 |\n| 2. | Occupational Health and Safety (Confined Spaces) Regulations 1996 | 148/1996 |\n| 3. | Occupational Health and Safety (Hazardous Substances) Regulations 1999 | 143/1999 |\n| 4. | Occupational Health and Safety (Issue Resolution) Regulations 1999 | 94/1999 |\n| 5. | Occupational Health and Safety (Lead) Regulations 2000 | 62/2000 |\n| 6. | Occupational Health and Safety (Manual Handling) Regulations 1999 | 84/1999 |\n| 7. | Occupational Health and Safety (Mines) Regulations 2002 | 104/2002 |\n| 8. | Occupational Health and Safety (Noise) Regulations 2004 | 10/2004 |\n| 9. | Occupational Health and Safety (Plant) Regulations 1995 | 81/1995 |\n| 10. | Occupational Health and Safety (Prevention of Falls) Regulations 2003 | 121/2003 |\n\n(2) Section 5 of the **Subordinate Legislation Act 1994** does not apply to the Occupational Health and Safety (Plant) Regulations 1995.\n\nThis subsection commences on the day after the day on which this Act receives the Royal Assent (see section 3). These Regulations would otherwise have been revoked by section 5 of the **Subordinate Legislation Act 1994** on 27 June 2005.\n\n","sortOrder":205},{"sectionNumber":"173","sectionType":"section","heading":"Occupational Health and Safety (Asbestos) Regulations 2003","content":"\t173 Occupational Health and Safety (Asbestos) Regulations 2003\n\n(1) Parts 1 and 2, Divisions 1 and 2 of Part 3 and Parts 4 to 8 of the Occupational Health and Safety (Asbestos) Regulations 2003 made under the old Act, and Schedules 1 to 4 to those Regulations, as in force immediately before the commencement of this Part, continue on and after that commencement as though they were regulations made under this Act until the earlier of—\n\n(2) To avoid doubt, Part 1 and Division 3 of Part 3 of the Occupational Health and Safety (Asbestos) Regulations 2003 made under the **Dangerous Goods Act 1985**, as in force immediately before the commencement of this Part, continue on and after that commencement as regulations made under that Act until the earlier of—\n\n(a) the day on which they are revoked by section 5 of the **Subordinate Legislation Act 1994**; or\n\n(b) the day on which they are otherwise revoked.\n\n","sortOrder":206},{"sectionNumber":"174","sectionType":"section","heading":"Occupational Health and Safety (Major Hazard Facilities) Regulations 2000","content":"\t174 Occupational Health and Safety (Major Hazard Facilities) Regulations 2000\n\n(1) Parts 1 to 8 of the Occupational Health and Safety (Major Hazard Facilities) Regulations 2000 made under the old Act, and Schedules 1 to 5 to those Regulations, as in force immediately before the commencement of this Part, continue on and after that commencement as though they were regulations made under this Act until the earlier of—\n\n(2) To avoid doubt, Parts 1, 9 and 10 of the Occupational Health and Safety (Major Hazard Facilities) Regulations 2000 made under the **Dangerous Goods Act 1985**, as in force immediately before the commencement of this Part, continue on and after that commencement as regulations made under that Act until the earlier of—\n\n(a) the day on which they are revoked by section 5 of the **Subordinate Legislation Act 1994**; or\n\n(b) the day on which they are otherwise revoked.\n\n","sortOrder":207},{"sectionNumber":"175","sectionType":"section","heading":"Offences against certain regulations","content":"\t175 Offences against certain regulations\n\n(1) An offence against any of the following regulations that is committed on or after the commencement of this Part is not an indictable offence despite anything to the contrary in those regulations—\n\n(a) regulation 301, 304, 306 or 801 of the Occupational Health and Safety (Major Hazard Facilities) Regulations 2000;\n\n(b) regulation 9 of the Occupational Health and Safety (Manual Handling) Regulations 1999.\n\n(2) Despite the repeal of the old Act, section 47 of that Act continues to apply for the purposes of the regulations made under the old Act that are mentioned in sections 172 to 174.\n\nSection 47 of the old Act provides penalties that apply to offences for which no penalty is expressly provided.\n\n","sortOrder":208},{"sectionNumber":"176","sectionType":"section","heading":"Regulations dealing with transitional matters","content":"\t176 Regulations dealing with transitional matters\n\nThe Governor in Council may make regulations in relation to any matters of a transitional nature that may arise out of the enactment of this Act, the repeal of the old Act or amendments made by this Act.\n\nNew s. 177 inserted by No. 34/2009 s. 7.\n\n","sortOrder":209},{"sectionNumber":"177","sectionType":"section","heading":"Proceedings for contravention of section 78A or 78C","content":"\t177 Proceedings for contravention of section 78A or 78C\n\nA proceeding for a contravention of section 78A or 78C must not be brought in respect of conduct that occurred before the commencement of section 6 of the **Occupational Health and Safety Amendment (Employee Protection) Act 2009**.\n\nPart 15 (Heading and ss 177–186) amended by No. 31/2005 s. 38, repealed by No. 28/2007 s. 3(Sch. item 48), new Pt 15 (Headings and new ss 178–186) inserted by No. 48/2017 s. 26.\n\nPart 15—Transitional provisions\n\nDivision 1—WorkSafe Legislation Amendment Act 2017\n\nNew s. 178 inserted by No. 48/2017 s. 26.\n\n","sortOrder":210},{"sectionNumber":"178","sectionType":"section","heading":"Definitions","content":"\t178 Definitions\n\nIn this Division—\n\n***amending Act*** means the **WorkSafe Legislation Amendment Act 2017**.\n\nNew s. 179 inserted by No. 48/2017 s. 26.\n\n","sortOrder":211},{"sectionNumber":"179","sectionType":"section","heading":"Amendment of section 16 (Authority may accept undertakings)","content":"\t179 Amendment of section 16 (Authority may accept undertakings)\n\nThis Act, as amended by section 10 of the amending Act, applies to all undertakings accepted by the Authority on or after the date on which section 10 of the amending Act comes into operation.\n\nNew s. 180 inserted by No. 48/2017 s. 26.\n\n","sortOrder":212},{"sectionNumber":"180","sectionType":"section","heading":"Amendment of section 38 (Duty to notify incidents)","content":"\t180 Amendment of section 38 (Duty to notify incidents)\n\nThis Act, as amended by section 12 of the amending Act, applies to all offences against section 38 committed on or after the date on which section 12 of the amending Act comes into operation.\n\nNew s. 181 inserted by No. 48/2017 s. 26.\n\n","sortOrder":213},{"sectionNumber":"181","sectionType":"section","heading":"Amendment of section 39 (Duty to preserve incident sites)","content":"\t181 Amendment of section 39 (Duty to preserve incident sites)\n\nThis Act, as amended by section 13 of the amending Act, applies to all offences against section 39 committed on or after the date on which section 13 of the amending Act comes into operation.\n\nNew s. 182 inserted by No. 48/2017 s. 26.\n\n","sortOrder":214},{"sectionNumber":"182","sectionType":"section","heading":"Amendment of section 64 (Service of provisional improvement notice or inspector's notice)","content":"\t182 Amendment of section 64 (Service of provisional improvement notice or inspector's notice)\n\nThis Act, as amended by section 14 of the amending Act, applies to all notices issued or given by the Authority under section 64 on or after the date on which section 14 of the amending Act comes into operation.\n\nNew s. 183 inserted by No. 48/2017 s. 26.\n\n","sortOrder":215},{"sectionNumber":"183","sectionType":"section","heading":"Amendment of section 100 (Power to require production of documents etc.)","content":"\t183 Amendment of section 100 (Power to require production of documents etc.)\n\nThis Act, as amended by section 18 of the amending Act, applies to all offences against section 100 committed, or of which the Authority becomes aware, on or after the date on which section 18 of the amending Act comes into operation.\n\nNew s. 184 inserted by No. 48/2017 s. 26.\n\n","sortOrder":216},{"sectionNumber":"184","sectionType":"section","heading":"Amendment of section 115 (Service of notices)","content":"\t184 Amendment of section 115 (Service of notices)\n\nThis Act, as amended by section 19 of the amending Act, applies to all notices issued by the Authority under section 115 on or after the date on which section 19 of the amending Act comes into operation.\n\nNew s. 185 inserted by No. 48/2017 s. 26.\n\n","sortOrder":217},{"sectionNumber":"185","sectionType":"section","heading":"Amendment of section 132 (Limitation period for prosecutions)","content":"\t185 Amendment of section 132 (Limitation period for prosecutions)\n\nThis Act, as amended by section 22 of the amending Act, applies to all prosecutions commenced by the Authority on or after the date on which section 22 of the amending Act comes into operation.\n\nNew s. 186 inserted by No. 48/2017 s. 26.\n\n","sortOrder":218},{"sectionNumber":"186","sectionType":"section","heading":"Amendment of section 153 (Offence to give false or misleading information)","content":"\t186 Amendment of section 153 (Offence to give false or misleading information)\n\nThis Act, as amended by section 25 of the amending Act, applies to all offences against section 153 committed on or after the date on which section 25 of the amending Act comes into operation.\n\nPt 15 Div. 2 (Heading and s. 187) inserted by No. 50/2019 s. 8.\n\nDivision 2—Workplace Safety Legislation Amendment (Workplace Manslaughter and Other Matters) Act 2019\n\nS. 187 inserted by No. 50/2019 s. 8.\n\n","sortOrder":219},{"sectionNumber":"187","sectionType":"section","heading":"Workplace manslaughter","content":"\t187 Workplace manslaughter\n\n(1) Part 5A as inserted by Part 2 of the amending Act applies to offences alleged to have been committed on or after that insertion.\n\n(2) If an offence against section 39G(1) or (2) is alleged to have been committed between 2 dates, one before and one after the insertion of Part 5A, it is alleged to have been committed before that insertion.\n\n(3) If an offence against section 144(1) arising in respect of a contravention of section 39G(1) is alleged to have been committed between 2 dates, one before and one after the insertion of Part 5A, it is alleged to have been committed before that insertion.\n\n***amending Act*** means the **Workplace Safety Legislation Amendment (Workplace Manslaughter and Other Matters) Act 2019**.\n\nPt 15 Div. 3 (Heading and s. 188) inserted by No. 16/2020 s. 22.\n\nDivision 3—Crimes Amendment (Manslaughter and Related Offences) Act 2020\n\nS. 188 inserted by No. 16/2020 s. 22.\n\n","sortOrder":220},{"sectionNumber":"188","sectionType":"section","heading":"Amendment of section 39G (Workplace manslaughter)","content":"\t188 Amendment of section 39G (Workplace manslaughter)\n\n(1) Section 39G as amended by section 21 of the **Crimes Amendment (Manslaughter and Related Offences) Act 2020** applies to offences alleged to have been committed on or after the commencement of section 21 of that Act.\n\n(2) For the purposes of subsection (1), if an offence is alleged to have been committed between 2 dates, one before and one on or after the commencement of section 21 of the **Crimes Amendment (Manslaughter and Related Offences) Act 2020**, the offence is alleged to have been committed before that commencement.\n\nPt 16 (Heading and ss 189–192) inserted by No. 27/2020 s. 15, amended by Nos 53/2021 ss 28, 29, 10/2022  \nss 54, 55, repealed by No. 107/2004 s. 192 (as amended by Nos 11/2021 s. 207, 53/2021 s. 30, 11/2022 s. 10).\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\n*Minister's second reading speech—*\n\n*Legislative Assembly: 18 November 2004*\n\n*Legislative Council: 14 December 2004*\n\nThe long title for the Bill for this Act was \"to promote and improve standards for occupational health, safety and welfare, to repeal the **Occupational Health and Safety Act 1985** and for other purposes.\"\n\nThe **Occupational Health and Safety Act 2004** was assented to on 21 December 2004 and came into operation as follows:\n\n","sortOrder":221},{"sectionNumber":"Part 2","sectionType":"part","heading":"Division 6 (section 19) and section 172(2) on 22 December 2004: s. 3(3); Parts 1 (sections 1–6), 2 (except Division 6), 3 (except section 28), 5 (sections 37–39), 6 (sections 40–42), 7 (sections 43–78),","content":"Part 2 Division 6 (section 19) and section 172(2) on 22 December 2004: s. 3(3); Parts 1 (sections 1–6), 2 (except Division 6), 3 (except section 28), 5 (sections 37–39), 6 (sections 40–42), 7 (sections 43–78),  \n8 (sections 79–94), 9 (sections 95–126), 10 (sections 127–129),  \n11 (sections 130–148), 12 (sections 149–151), 13 (sections 152–158), 14 (except s. 172(2)), 15 (sections 177–186) on 1 July 2005: s. 3(1);  \nPart 4 (sections 35, 36) on 1 January 2006: section 3(4); section 28 on 1 July 2006: section 3(2).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original section or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.  \nSee section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the **Occupational Health and Safety Act 2004** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Occupational Health and Safety Act 2004, No. 107/2004**\n\n| Assent Date: | 21.12.04 |\n| Commencement Date: | S. 192 inserted on 21.10.20 by No. 27/2020 s. 15: s. 2 (as amended by Nos 11/2021 s. 207, 53/2021 s. 30, 11/2022 s. 10) |\n| Note: | S. 192 repealed Pt 16 (ss 189–192) on 26.10.22 |\n| Current State: | This information relates only to the provision/s amending the **Occupational Health and Safety Act 2004** |\n\n**Accident Compensation (Amendment) Act 2005, No. 28/2005**\n\n| Assent Date: | 21.6.05 |\n| Commencement Date: | Ss 28, 29 on 1.7.05: s. 2(5) |\n| Current State: | This information relates only to the provision/s amending the **Occupational Health and Safety Act 2004** |\n\n**Dangerous Goods and Equipment (Public Safety) Acts (Amendment) Act 2005, No. 31/2005**\n\n| Assent Date: | 21.6.05 |\n| Commencement Date: | S. 38 on 1.7.05: s. 2 |\n| Current State: | This information relates only to the provision/s amending the **Occupational Health and Safety Act 2004** |\n\n**Health Professions Registration Act 2005, No. 97/2005**\n\n| Assent Date: | 7.12.05 |\n| Commencement Date: | S. 182(Sch. 4 item 38) on 1.7.07: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Occupational Health and Safety Act 2004** |\n\n**Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006**\n\n| Assent Date: | 13.6.06 |\n| Commencement Date: | S. 94(Sch. item 36) on 1.7.06: Government Gazette 29.6.06 p. 1315 |\n| Current State: | This information relates only to the provision/s amending the **Occupational Health and Safety Act 2004** |\n\n**Mineral Resources Development (Sustainable Development) Act 2006, No. 63/2006**\n\n| Assent Date: | 29.8.06 |\n| Commencement Date: | S. 61(Sch. item 26) on 30.8.06: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Occupational Health and Safety Act 2004** |\n\n**Statute Law Revision Act 2007, No. 28/2007**\n\n| Assent Date: | 26.6.07 |\n| Commencement Date: | S. 3(Sch. item 48) on 27.6.07: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Occupational Health and Safety Act 2004** |\n\n**Dangerous Goods Amendment (Transport) Act 2008, No. 66/2008**\n\n| Assent Date: | 18.11.08 |\n| Commencement Date: | S. 32 on 1.1.09: Government Gazette 18.12.08 p. 2998 |\n| Current State: | This information relates only to the provision/s amending the **Occupational Health and Safety Act 2004** |\n\n**Resources Industry Legislation Amendment Act 2009, No. 6/2009**\n\n| Assent Date: | 3.3.09 |\n| Commencement Date: | S. 56 on 1.1.10: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Occupational Health and Safety Act 2004** |\n\n**Fair Work (Commonwealth Powers) Act 2009, No. 24/2009**\n\n| Assent Date: | 17.6.09 |\n| Commencement Date: | Ss 34, 35 on 1.7.09: Special Gazette (No. 227) 1.7.09 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Occupational Health and Safety Act 2004** |\n\n**Occupational Health and Safety Amendment (Employee Protection) Act 2009, No. 34/2009**\n\n| Assent Date: | 30.6.09 |\n| Commencement Date: | 1.7.09: s. 2(2) |\n| Current State: | All of Act in operation |\n\n**Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009**\n\n| Assent Date: | 24.11.09 |\n| Commencement Date: | S. 97(Sch. item 90) on 1.1.10: Government Gazette 10.12.09 p. 3215 |\n| Current State: | This information relates only to the provision/s amending the **Occupational Health and Safety Act 2004** |\n\n**Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009**\n\n| Assent Date: | 24.11.09 |\n| Commencement Date: | S. 54(Sch. Pt 1 item 40) on 1.1.10: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Occupational Health and Safety Act 2004** |\n\n**Offshore Petroleum and Greenhouse Gas Storage Act 2010, No. 10/2010**\n\n| Assent Date: | 23.3.10 |\n| Commencement Date: | S. 800(Sch. 6 item 10) on 1.1.12: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Occupational Health and Safety Act 2004** |\n\n**Statute Law Amendment (National Health Practitioner Regulation) Act 2010, No. 13/2010**\n\n| Assent Date: | 30.3.10 |\n| Commencement Date: | S. 51(Sch. item 39) on 1.7.10: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Occupational Health and Safety Act 2004** |\n\n**Sentencing Amendment (Community Correction Reform) Act 2011, No. 65/2011**\n\n| Assent Date: | 22.11.11 |\n| Commencement Date: | S. 107(Sch. item 10) on 16.1.12: Special Gazette    (No. 423) 21.12.11 p. 3 |\n| Current State: | This information relates only to the provision/s amending the **Occupational Health and Safety Act 2004** |\n\n**Sentencing Amendment (Abolition of Suspended Sentences and Other Matters) Act 2013, No. 32/2013**\n\n| Assent Date: | 4.6.13 |\n| Commencement Date: | S. 44 on 5.6.13: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Occupational Health and Safety Act 2004** |\n\n**Workplace Injury Rehabilitation and Compensation Act 2013, No. 67/2013**\n\n| Assent Date: | 12.11.13 |\n| Commencement Date: | S. 649(Sch. 9 item 25) on 1.7.14: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Occupational Health and Safety Act 2004** |\n\n**Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014**\n\n| Assent Date: | 3.6.14 |\n| Commencement Date: | S. 10(Sch. item 117) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 |\n| Current State: | This information relates only to the provision/s amending the **Occupational Health and Safety Act 2004** |\n\n**Statute Law Revision Act 2015, No. 21/2015**\n\n| Assent Date: | 16.6.15 |\n| Commencement Date: | S. 3(Sch. 1 item 36) on 1.8.15: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Occupational Health and Safety Act 2004** |\n\n**Treasury and Finance Legislation Amendment Act 2016, No. 41/2016**\n\n| *Assent Date:* | 28.6.16 |\n| *Commencement Date:* | Ss 5, 6 on 29.6.16: s. 2(1) |\n| *Current State:* | This information relates only to the provision/s amending the **Occupational Health and Safety Act 2004** |\n\n**WorkSafe Legislation Amendment Act 2017, No. 48/2017**\n\n| *Assent Date:* | 26.9.17 |\n| *Commencement Date:* | Ss 9, 20, 23, 24, 26 on 27.9.17: s. 2(1); ss 10–19, 21, 22, 25 on 26.10.17: Special Gazette (No. 359) 24.10.17 p. 1 |\n| *Current State:* | This information relates only to the provision/s amending the **Occupational Health and Safety Act 2004** |\n\n**Oaths and Affirmations Act 2018, No. 6/2018**\n\n| Assent Date: | 27.2.18 |\n| Commencement Date: | S. 68(Sch. 2 item 91) on 1.3.19: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Occupational Health and Safety Act 2004** |\n\n**Treasury and Finance Legislation Amendment Act 2018, No. 49/2018**\n\n| Assent Date: | 25.9.18 |\n| Commencement Date: | Ss 19–22 on 26.9.18: s. 2 |\n| Current State: | This information relates only to the provision/s amending the **Occupational Health and Safety Act 2004** |\n\n**Workplace Safety Legislation Amendment (Workplace Manslaughter and Other Matters) Act 2019, No. 50/2019**\n\n| Assent Date: | 3.12.19 |\n| Commencement Date: | Ss 3–8 on 1.7.20: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Occupational Health and Safety Act 2004** |\n\n**Local Government Act 2020, No. 9/2020**\n\n| Assent Date: | 24.3.20 |\n| Commencement Date: | S. 390(Sch. 1 item 74) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Occupational Health and Safety Act 2004** |\n\n**Crimes Amendment (Manslaughter and Related Offences) Act 2020, No. 16/2020**\n\n| Assent Date: | 10.6.20 |\n| Commencement Date: | Ss 21, 22 on 1.7.20: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Occupational Health and Safety Act 2004** |\n\n**COVID-19 Omnibus (Emergency Measures) and Other Acts Amendment Act 2020, No. 27/2020**\n\n| Assent Date: | 20.10.20 |\n| Commencement Date: | S. 15 on 21.10.20: s. 2 |\n| Current State: | This information relates only to the provision/s amending the **Occupational Health and Safety Act 2004** |\n\n**Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021, No. 11/2021**\n\n| Assent Date: | 23.3.21 |\n| Commencement Date: | S. 207 on 24.3.21: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Occupational Health and Safety Act 2004** |\n\n**Occupational Health and Safety and Other Legislation Amendment Act 2021, No. 36/2021**\n\n| Assent Date: | 21.9.21 |\n| Commencement Date: | Ss 6, 7, 15−19, 29−32 on 22.9.21: s. 2(1); ss 4, 5 on 22.3.22: s. 2(2); s. 8 on 22.9.22: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Occupational Health and Safety Act 2004** |\n\n**Public Health and Wellbeing Amendment (Pandemic Management) Act 2021, No. 53/2021**\n\n| Assent Date: | 7.12.21 |\n| Commencement Date: | Ss 28−30 on 8.12.21: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Occupational Health and Safety Act 2004** |\n\n**Workplace Safety Legislation and Other Matters Amendment Act 2022, No. 10/2022**\n\n| Assent Date: | 16.3.22 |\n| Commencement Date: | Ss 46–55 on 17.3.22: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Occupational Health and Safety Act 2004** |\n\n**Justice Legislation Amendment (Trial by Judge Alone and Other Matters) Act 2022, No. 11/2022**\n\n| Assent Date: | 29.3.22 |\n| Commencement Date: | S. 10 on 30.3.22: s. 2 |\n| Current State: | This information relates only to the provision/s amending the **Occupational Health and Safety Act 2004** |\n\n**Workplace Injury Rehabilitation and Compensation Amendment (WorkCover Scheme Modernisation) Act 2024, No. 8/2024**\n\n| Assent Date: | 13.3.24 |\n| Commencement Date: | S. 31 on 31.3.24: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Occupational Health and Safety Act 2004** |\n\n**Workplace Injury Rehabilitation and Compensation Amendment Act 2025, No. 27/2025**\n\n| Assent Date: | 5.8.25 |\n| Commencement Date: | S. 56 on 6.8.25: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Occupational Health and Safety Act 2004** |\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\nNo entries at date of publication.","sortOrder":222}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":737},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act has significantly expanded beyond its original 2004 scope. Major additions include: workplace manslaughter offences (2019), labour hire provisions deeming host employers responsible for supplied workers (2021), insurance/indemnity prohibitions for penalties (2021), enhanced information-sharing powers (2024), and a Workplace Incidents Consultative Committee (2019). The 2025 amendments also added lived-experience representatives to the Advisory Committee. These changes reflect a shift from pure safety regulation to broader accountability mechanisms and worker protection."},"complexity_factors":["Extensive cross-referencing with other Acts (Workplace Injury Rehabilitation and Compensation Act 2013, Dangerous Goods Act 1985, Corporations Act, etc.)","Multiple overlapping duty holders with conditional obligations (employers, self-employed, designers, manufacturers, suppliers, installers, controllers)","Nested definitions and exceptions (e.g., 'applicable duty' excludes certain duties for workplace manslaughter)","Detailed procedural requirements for health and safety representative elections, notices, and consultations","Complex penalty structures varying by offence type (summary vs indictable) and entity (natural person vs body corporate)","Extensive transitional provisions preserving old Act arrangements","Multiple amendment layers (2004-2025) creating version complexity","Conditional logic throughout (e.g., 'so far as is reasonably practicable' standard with five-factor test in s.20)","Review and appeal mechanisms with multiple stages (internal review, VCAT)","Labour hire provisions creating deemed employment relationships"],"plain_english_summary":"This is Victoria's main workplace health and safety law, replacing the 1985 Act. It creates a comprehensive system to protect workers and the public from workplace hazards.\n\n**What it does:**\n\n- **Sets up WorkSafe Victoria** (the Authority) to oversee workplace safety, investigate incidents, and enforce the law\n\n- **Imposes duties on everyone in the workplace chain:**\n  - *Employers* must provide safe working environments, monitor health conditions, and consult with employees\n  - *Employees* must take reasonable care for their own safety and others\n  - *Self-employed persons* must ensure their work doesn't endanger others\n  - *Designers, manufacturers, suppliers, and installers* of plant (machinery) and buildings must ensure they're safe\n  - *People who manage or control workplaces* must keep them safe\n\n- **Creates workplace manslaughter offences** (added in 2019) — up to 25 years imprisonment for negligent conduct causing death\n\n- **Establishes employee representation:**\n  - Employees can elect *health and safety representatives* with powers to inspect workplaces, issue provisional improvement notices, and direct work to cease in emergencies\n  - *Health and safety committees* can be established\n\n- **Requires incident reporting:** Employers must immediately notify WorkSafe of deaths, serious injuries, and dangerous incidents, and preserve incident sites\n\n- **Gives inspectors strong powers:** Entry, search warrants, seizure of evidence, and issuing improvement/prohibition notices\n\n- **Protects employees from discrimination** for raising safety concerns or acting as representatives\n\n- **Bans insurance for safety fines** (added 2021) — companies can't insure against penalties\n\n- **Covers labour hire workers** (added 2021) — the host employer has duties to these workers\n\n**Who it affects:** All Victorian workplaces, employers, employees, contractors, and anyone involved in designing, supplying or installing workplace equipment."},"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act represented a deliberate expansion and modernisation of scope compared to its predecessor (the Occupational Health and Safety Act 1985). It broadened the range of duty-holders, strengthened worker consultation rights, and shifted the regulatory philosophy from prescriptive rules toward a performance-based framework focused on prevention. The version history indicates further amendments have been made since enactment, suggesting incremental scope adjustments over time."},"complexity_factors":["Duties are qualified by 'so far as is reasonably practicable' — a legal standard that requires case-by-case judgment and has generated extensive case law","Multiple duty-holders (employers, employees, designers, manufacturers, suppliers, self-employed) with overlapping and distinct obligations","Interaction with subordinate legislation (regulations and codes of practice) that sit beneath the Act and add significant detail","Enforcement mechanisms involve a specialist regulator (WorkSafe Victoria) with broad investigatory and prosecution powers, adding procedural complexity","Health and Safety Representative system involves specific procedural rights and obligations that require careful navigation","Significant financial penalties create high-stakes compliance environment requiring specialist legal and safety expertise","The Act has been subject to multiple amendments over time, meaning the consolidated version must be read carefully alongside version history"],"plain_english_summary":"## Occupational Health and Safety Act 2004 (Victoria)\n\nThis law sets out the rules for keeping **workplaces safe** in Victoria. It affects essentially **everyone who works or runs a business** in the state.\n\n### Who does it affect?\n- **Employers** — must provide safe workplaces, equipment, and systems of work\n- **Employees** — must take reasonable care for their own safety and others around them\n- **Designers, manufacturers, and suppliers** of plant and substances used at work\n- **Self-employed people** and **contractors**\n\n### What does it do?\n- Places a legal duty (obligation) on employers to eliminate or reduce workplace risks *as far as reasonably practicable* (meaning they must do what is reasonable given the circumstances — cost, likelihood of harm, etc.)\n- Gives workers the right to be **consulted** about health and safety decisions\n- Allows workers to elect **Health and Safety Representatives** who have real powers, including the ability to issue **Provisional Improvement Notices** (formal warnings requiring an employer to fix a safety problem)\n- Establishes **WorkSafe Victoria** as the regulator — the authority that investigates breaches and can prosecute employers\n- Sets out serious **financial penalties** for breaches — fines can reach hundreds of thousands of dollars for companies\n\n### Why does it matter to you?\n- If you are **injured at work**, this law is the foundation of your protections\n- If you **run a business**, ignoring this law can result in heavy fines or criminal prosecution\n- It replaced an older law and modernised Victoria's approach to workplace safety, shifting focus from just reacting to accidents toward **preventing them in the first place**"},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act has expanded significantly from its original intent of repealing the 1985 Act and providing a framework. Key expansions include: the addition of Part 5A (workplace manslaughter) in 2019, creation of new offences and higher penalties, extension of duties to labour hire arrangements in 2021, prohibition of insurance for penalties, and increased enforcement powers for inspectors. The original Act focused on general duties and consultation; now it includes criminal liability for deaths and broadens employer obligations to non-traditional work arrangements."},"complexity_factors":["Over 150 sections across 15 Parts, with multiple Divisions and Subdivisions","Large number of defined terms (over 40 in section 5 alone, plus additional in later Parts)","Heavy cross-referencing between Parts (e.g., Part 7 refers to multiple sections in Part 9)","Conditional and nested provisions (e.g., exceptions to exceptions in Part 5 incident definitions)","Multiple amendment histories with transitional provisions (Parts 14 and 15)","Complex concepts like 'reasonably practicable' with balancing factors","Workplace manslaughter offence requires understanding of negligence standard and applicable duties","Interaction with other Acts (e.g., Workplace Injury Rehabilitation and Compensation Act, Labour Hire Licensing Act) adds complexity"],"plain_english_summary":"This is Victoria's main workplace health and safety law. It sets out who is responsible for keeping people safe at work and what they must do.\n\n**Who it covers:**\n- **Employers** – must provide a safe work environment, safe systems of work, information, training, and supervision. They must also monitor health and conditions, and protect non-employees (like visitors or contractors) from risks caused by their business.\n- **Employees** – must take reasonable care for their own and others' safety, cooperate with their employer, and not misuse safety equipment.\n- **Self-employed people** – must ensure their work doesn't risk others.\n- **Designers, manufacturers, suppliers, installers** of plant, buildings, or substances – must ensure their products are safe when used as intended.\n- **Officers (directors, senior managers)** of companies can be personally liable if they fail to take reasonable care and that leads to a breach by the company.\n\n**Key duties:**\n- The primary duty is to ensure health and safety 'so far as is reasonably practicable'. This means eliminating risks if possible, and if not, reducing them. What is 'reasonably practicable' considers likelihood, degree of harm, knowledge, available solutions, and cost.\n- Employers must consult with employees (or their health and safety representatives) on health and safety matters.\n- There are specific duties for incidents: immediate notification to WorkSafe for serious injuries, illnesses, or dangerous events, and preserving the site for inspection.\n\n**Enforcement:**\n- **WorkSafe** (the Authority) oversees compliance, issues guidelines, accepts enforceable undertakings, and can prosecute.\n- **Inspectors** can enter workplaces, issue improvement notices (to fix a problem), prohibition notices (to stop dangerous activity), and non-disturbance notices (to preserve evidence).\n- **Prosecutions** can result in heavy fines. For companies, fines can reach 9,000 penalty units (over $1.5 million). For individuals, up to 1,800 penalty units (over $300,000) or imprisonment for reckless endangerment (5 years).\n- **Workplace manslaughter** (Part 5A) – a new offence where negligent conduct by an employer or officer causes a death, punishable by up to 25 years imprisonment for individuals and fines up to 100,000 penalty units (over $16 million) for companies.\n\n**Representation:**\n- Employees can form 'designated work groups' and elect **health and safety representatives** who have powers to inspect, issue provisional improvement notices, and direct work to stop in an emergency.\n- **Health and safety committees** must be established if requested.\n\n**Other features:**\n- Anti-discrimination protections – employers cannot punish workers for raising safety concerns or being a health and safety rep.\n- **Compliance codes** provide practical guidance; following them is not mandatory but can be used as evidence of compliance.\n- Insurance or indemnity for pecuniary penalties is prohibited – you cannot insure against fines.\n- The Act binds the Crown (government bodies are covered).\n\n**Why it matters:** This is the core law that governs workplace safety in Victoria. It imposes extensive obligations on businesses and individuals, with significant penalties for non-compliance, including jail time for the most serious failures."}},"importantCases":[],"_links":{"self":"/api/acts/occupational-health-and-safety-act-2004","history":"/api/acts/occupational-health-and-safety-act-2004/history","analysis":"/api/acts/occupational-health-and-safety-act-2004/analysis","conflicts":"/api/acts/occupational-health-and-safety-act-2004/conflicts","importantCases":"/api/acts/occupational-health-and-safety-act-2004/important-cases","documents":"/api/acts/occupational-health-and-safety-act-2004/documents"}}