{"id":"qld:act-2011-019","name":"Safety in Recreational Water Activities Act 2011","slug":"safety-in-recreational-water-activities-act-2011","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"19 of 2011","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29790,"registerId":"qld-act-2011-019-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Safety in Recreational Water Activities Act 2011 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day to be fixed by proclamation.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Object","content":"### sec.3 Object\n\nThe main object of this Act is to ensure the health and safety of persons to whom recreational water activities are provided by a person conducting a business or undertaking by—\nprotecting the persons against harm to their health, safety and welfare through the elimination or minimisation of risks arising from the provision to them of recreational water activities; and\npromoting the provision of advice, information, education and training for health and safety in relation to the provision of the recreational water activities; and\nsecuring compliance with this Act through effective and appropriate compliance and enforcement measures; and\nensuring appropriate scrutiny and review of actions taken by persons exercising powers and performing functions under this Act; and\nproviding a framework for continuous improvement and progressively higher standards of health and safety in relation to the provision of the recreational water activities.\nIn furthering subsection (1) (a) , regard must be had to the principle that persons should be given the highest level of protection as is reasonably practicable against harm to their health, safety and welfare from hazards and risks arising from the provision of recreational water activities.\nThis Act operates in conjunction with the Work Health and Safety Act 2011 and for that purpose substantial provisions are adopted from that Act and this Act makes provision for the relationship between this Act and that Act.\n(sec.3-ssec.1) The main object of this Act is to ensure the health and safety of persons to whom recreational water activities are provided by a person conducting a business or undertaking by— protecting the persons against harm to their health, safety and welfare through the elimination or minimisation of risks arising from the provision to them of recreational water activities; and promoting the provision of advice, information, education and training for health and safety in relation to the provision of the recreational water activities; and securing compliance with this Act through effective and appropriate compliance and enforcement measures; and ensuring appropriate scrutiny and review of actions taken by persons exercising powers and performing functions under this Act; and providing a framework for continuous improvement and progressively higher standards of health and safety in relation to the provision of the recreational water activities.\n(sec.3-ssec.2) In furthering subsection (1) (a) , regard must be had to the principle that persons should be given the highest level of protection as is reasonably practicable against harm to their health, safety and welfare from hazards and risks arising from the provision of recreational water activities.\n(sec.3-ssec.3) This Act operates in conjunction with the Work Health and Safety Act 2011 and for that purpose substantial provisions are adopted from that Act and this Act makes provision for the relationship between this Act and that Act.\n- (a) protecting the persons against harm to their health, safety and welfare through the elimination or minimisation of risks arising from the provision to them of recreational water activities; and\n- (b) promoting the provision of advice, information, education and training for health and safety in relation to the provision of the recreational water activities; and\n- (c) securing compliance with this Act through effective and appropriate compliance and enforcement measures; and\n- (d) ensuring appropriate scrutiny and review of actions taken by persons exercising powers and performing functions under this Act; and\n- (e) providing a framework for continuous improvement and progressively higher standards of health and safety in relation to the provision of the recreational water activities.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Application of this Act in circumstances to which Work Health and Safety Act 2011 applies","content":"### sec.4 Application of this Act in circumstances to which Work Health and Safety Act 2011 applies\n\nThis section applies if—\nthis Act applies in particular circumstances; and\nthe Work Health and Safety Act 2011 also has application in the circumstances.\nThe Work Health and Safety Act 2011 , schedule 1 , part 2 , division 4 provides that in particular circumstances the primary duty imposed by section 16 of this Act is the duty that will apply for particular persons. That provision also ensures consistency of that Act and this Act in relation to the primary duty.\nThe Work Health and Safety Act 2011 continues to apply, and must be complied with, in addition to this Act.\nIf this Act is inconsistent with the Work Health and Safety Act 2011 , the Work Health and Safety Act 2011 prevails to the extent of the inconsistency.\nHowever, this Act is not inconsistent with the Work Health and Safety Act 2011 only because it—\nimposes additional duties on a person on whom a duty is imposed under the Work Health and Safety Act 2011 ; or\notherwise increases the standards of safety required for recreational water activities.\nFor an example of paragraphs (a) and (b) , see section 18 .\nWithout limiting subsection (2) , (3) or (4) —\nif a provision of this Act deals with a particular matter and a provision of the Work Health and Safety Act 2011 deals with the same matter and it is impossible to comply with both provisions, a person must comply with the provision of the Work Health and Safety Act 2011 and not with the provision of this Act; and\nif a provision of this Act deals with a particular matter and a provision of the Work Health and Safety Act 2011 deals with the same matter and it is possible to comply with both provisions, a person must comply with both provisions.\nThe following subsections apply for the purpose of ensuring consistency between the administration of this Act and the administration of the Work Health and Safety Act 2011 .\nAn inspector may not exercise a compliance power for this Act in relation to a particular matter if an inspector has already exercised a corresponding power under the Work Health and Safety Act 2011 for the same matter and for the same purpose.\nThe regulator may not accept a recreational water activities health and safety undertaking from a person if the regulator has already accepted a WHS undertaking under the Work Health and Safety Act 2011 from the person for the same matter and for the same purpose.\n(sec.4-ssec.1) This section applies if— this Act applies in particular circumstances; and the Work Health and Safety Act 2011 also has application in the circumstances. The Work Health and Safety Act 2011 , schedule 1 , part 2 , division 4 provides that in particular circumstances the primary duty imposed by section 16 of this Act is the duty that will apply for particular persons. That provision also ensures consistency of that Act and this Act in relation to the primary duty.\n(sec.4-ssec.2) The Work Health and Safety Act 2011 continues to apply, and must be complied with, in addition to this Act.\n(sec.4-ssec.3) If this Act is inconsistent with the Work Health and Safety Act 2011 , the Work Health and Safety Act 2011 prevails to the extent of the inconsistency.\n(sec.4-ssec.4) However, this Act is not inconsistent with the Work Health and Safety Act 2011 only because it— imposes additional duties on a person on whom a duty is imposed under the Work Health and Safety Act 2011 ; or otherwise increases the standards of safety required for recreational water activities. For an example of paragraphs (a) and (b) , see section 18 .\n(sec.4-ssec.5) Without limiting subsection (2) , (3) or (4) — if a provision of this Act deals with a particular matter and a provision of the Work Health and Safety Act 2011 deals with the same matter and it is impossible to comply with both provisions, a person must comply with the provision of the Work Health and Safety Act 2011 and not with the provision of this Act; and if a provision of this Act deals with a particular matter and a provision of the Work Health and Safety Act 2011 deals with the same matter and it is possible to comply with both provisions, a person must comply with both provisions.\n(sec.4-ssec.6) The following subsections apply for the purpose of ensuring consistency between the administration of this Act and the administration of the Work Health and Safety Act 2011 .\n(sec.4-ssec.7) An inspector may not exercise a compliance power for this Act in relation to a particular matter if an inspector has already exercised a corresponding power under the Work Health and Safety Act 2011 for the same matter and for the same purpose.\n(sec.4-ssec.8) The regulator may not accept a recreational water activities health and safety undertaking from a person if the regulator has already accepted a WHS undertaking under the Work Health and Safety Act 2011 from the person for the same matter and for the same purpose.\n- (a) this Act applies in particular circumstances; and\n- (b) the Work Health and Safety Act 2011 also has application in the circumstances.\n- (a) imposes additional duties on a person on whom a duty is imposed under the Work Health and Safety Act 2011 ; or\n- (b) otherwise increases the standards of safety required for recreational water activities.\n- (a) if a provision of this Act deals with a particular matter and a provision of the Work Health and Safety Act 2011 deals with the same matter and it is impossible to comply with both provisions, a person must comply with the provision of the Work Health and Safety Act 2011 and not with the provision of this Act; and\n- (b) if a provision of this Act deals with a particular matter and a provision of the Work Health and Safety Act 2011 deals with the same matter and it is possible to comply with both provisions, a person must comply with both provisions.","sortOrder":4},{"sectionNumber":"sec.5","sectionType":"section","heading":"Compliance with this Act is no defence for Work Health and Safety Act 2011","content":"### sec.5 Compliance with this Act is no defence for Work Health and Safety Act 2011\n\nCompliance with this Act, or a duty or requirement imposed under it, is not in itself a defence in a proceeding for an offence against the Work Health and Safety Act 2011 .","sortOrder":5},{"sectionNumber":"sec.6","sectionType":"section","heading":"Definitions","content":"### sec.6 Definitions\n\nThe dictionary in schedule 2 defines particular words used in this Act.","sortOrder":6},{"sectionNumber":"sec.7","sectionType":"section","heading":"Meaning of recreational water activity","content":"### sec.7 Meaning of recreational water activity\n\nA recreational water activity is an activity carried out—\nfor the purposes of recreation; and\non, in or under waters.\ndiving, snorkelling\nThis Act deals with recreational water activities only in the context of them being provided by a person in the conduct of a business or undertaking and under the management or control of the person.\n- (a) for the purposes of recreation; and\n- (b) on, in or under waters.","sortOrder":7},{"sectionNumber":"sec.8","sectionType":"section","heading":"Meaning of provision of recreational water activity","content":"### sec.8 Meaning of provision of recreational water activity\n\nA person conducting a business or undertaking provides a recreational water activity if the recreational water activity is provided under the management or control of the person.\na person conducting a commercial diving business that provides recreational diving trips to the Great Barrier Reef with all necessary training, equipment and supervision\nThe provision of recreational water activity includes any of the following done as part of the management or control of the provided activity—\nthe provision of access to a place;\nsupervision;\nsupply of anything;\nadvice, demonstrations or training.\nA person conducts a retail business selling fins and snorkelling masks. The person for that reason alone is not a person conducting a business or undertaking providing recreational water activities.\nA person conducting a business or undertaking providing recreational water activities does not provide them to a person only because the person is a worker carrying out work in the business or undertaking.\nThe Work Health and Safety Act 2011 provides for the work health and safety of workers mentioned in subsection (3) .\n(sec.8-ssec.1) A person conducting a business or undertaking provides a recreational water activity if the recreational water activity is provided under the management or control of the person. a person conducting a commercial diving business that provides recreational diving trips to the Great Barrier Reef with all necessary training, equipment and supervision\n(sec.8-ssec.2) The provision of recreational water activity includes any of the following done as part of the management or control of the provided activity— the provision of access to a place; supervision; supply of anything; advice, demonstrations or training. A person conducts a retail business selling fins and snorkelling masks. The person for that reason alone is not a person conducting a business or undertaking providing recreational water activities.\n(sec.8-ssec.3) A person conducting a business or undertaking providing recreational water activities does not provide them to a person only because the person is a worker carrying out work in the business or undertaking. The Work Health and Safety Act 2011 provides for the work health and safety of workers mentioned in subsection (3) .\n- (a) the provision of access to a place;\n- (b) supervision;\n- (c) supply of anything;\n- (d) advice, demonstrations or training.","sortOrder":8},{"sectionNumber":"sec.9","sectionType":"section","heading":"Act binds all persons","content":"### sec.9 Act binds all persons\n\nThis Act binds all persons including the State and, so far as the legislative power of the Parliament permits, the Commonwealth and the other States.\nThe State, the Commonwealth and other States are liable for an offence against this Act.\n(sec.9-ssec.1) This Act binds all persons including the State and, so far as the legislative power of the Parliament permits, the Commonwealth and the other States.\n(sec.9-ssec.2) The State, the Commonwealth and other States are liable for an offence against this Act.","sortOrder":9},{"sectionNumber":"pt.2","sectionType":"part","heading":"Health and safety duties","content":"# Health and safety duties","sortOrder":10},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Introductory","content":"## Introductory","sortOrder":11},{"sectionNumber":"sec.10","sectionType":"section","heading":"Principles that apply to a duty","content":"### sec.10 Principles that apply to a duty\n\nThis division sets out the principles that apply to a duty that a person has under this Act.","sortOrder":12},{"sectionNumber":"sec.11","sectionType":"section","heading":"Duty not transferable","content":"### sec.11 Duty not transferable\n\nA duty can not be transferred to another person.","sortOrder":13},{"sectionNumber":"sec.12","sectionType":"section","heading":"Person may have more than 1 duty","content":"### sec.12 Person may have more than 1 duty\n\nA person can have more than 1 duty by virtue of being in more than 1 class of duty holder.","sortOrder":14},{"sectionNumber":"sec.13","sectionType":"section","heading":"More than 1 person can have a duty","content":"### sec.13 More than 1 person can have a duty\n\nMore than 1 person can concurrently have the same duty.\nEach duty holder must comply with that duty to the standard required by this Act even if another duty holder has the same duty.\nIf more than 1 person has a duty for the same matter, each person—\nretains responsibility for the person’s duty in relation to the matter; and\nmust discharge the person’s duty to the extent to which the person has the capacity to influence and control the matter or would have had that capacity but for an agreement or arrangement purporting to limit or remove that capacity.\n(sec.13-ssec.1) More than 1 person can concurrently have the same duty.\n(sec.13-ssec.2) Each duty holder must comply with that duty to the standard required by this Act even if another duty holder has the same duty.\n(sec.13-ssec.3) If more than 1 person has a duty for the same matter, each person— retains responsibility for the person’s duty in relation to the matter; and must discharge the person’s duty to the extent to which the person has the capacity to influence and control the matter or would have had that capacity but for an agreement or arrangement purporting to limit or remove that capacity.\n- (a) retains responsibility for the person’s duty in relation to the matter; and\n- (b) must discharge the person’s duty to the extent to which the person has the capacity to influence and control the matter or would have had that capacity but for an agreement or arrangement purporting to limit or remove that capacity.","sortOrder":15},{"sectionNumber":"sec.14","sectionType":"section","heading":"Management of risks","content":"### sec.14 Management of risks\n\nA duty imposed on a person to ensure health and safety requires the person—\nto eliminate risks to health and safety, so far as is reasonably practicable; and\nif it is not reasonably practicable to eliminate risks to health and safety, to minimise those risks so far as is reasonably practicable.\n- (a) to eliminate risks to health and safety, so far as is reasonably practicable; and\n- (b) if it is not reasonably practicable to eliminate risks to health and safety, to minimise those risks so far as is reasonably practicable.","sortOrder":16},{"sectionNumber":"sec.15","sectionType":"section","heading":"What is reasonably practicable in ensuring health and safety","content":"### sec.15 What is reasonably practicable in ensuring health and safety\n\nIn this Act, reasonably practicable , in relation to a duty to ensure health and safety, means that which is, or was at a particular time, reasonably able to be done in relation to ensuring health and safety, taking into account and weighing up all relevant matters including—\nthe likelihood of the hazard or the risk concerned occurring; and\nthe degree of harm that might result from the hazard or the risk; and\nwhat the person concerned knows, or ought reasonably to know, about—\nthe hazard or the risk; and\nways of eliminating or minimising the risk; and\nthe availability and suitability of ways to eliminate or minimise the risk; and\nafter assessing the extent of the risk and the available ways of eliminating or minimising the risk, the cost associated with available ways of eliminating or minimising the risk, including whether the cost is grossly disproportionate to the risk.\n- (a) the likelihood of the hazard or the risk concerned occurring; and\n- (b) the degree of harm that might result from the hazard or the risk; and\n- (c) what the person concerned knows, or ought reasonably to know, about— (i) the hazard or the risk; and (ii) ways of eliminating or minimising the risk; and\n- (i) the hazard or the risk; and\n- (ii) ways of eliminating or minimising the risk; and\n- (d) the availability and suitability of ways to eliminate or minimise the risk; and\n- (e) after assessing the extent of the risk and the available ways of eliminating or minimising the risk, the cost associated with available ways of eliminating or minimising the risk, including whether the cost is grossly disproportionate to the risk.\n- (i) the hazard or the risk; and\n- (ii) ways of eliminating or minimising the risk; and","sortOrder":17},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Duties","content":"## Duties","sortOrder":18},{"sectionNumber":"sec.16","sectionType":"section","heading":"Primary duty of care","content":"### sec.16 Primary duty of care\n\nA person conducting a business or undertaking that provides recreational water activities must ensure, so far as is reasonably practicable, that the health and safety of persons for whom the activities are provided are not put at risk by the provision of the recreational water activity.\nWithout limiting subsection (1) , a person conducting a business or undertaking that provides recreational water activities must ensure, so far as is reasonably practicable—\nthe provision and maintenance of safe plant and structures; and\nthe safe use, handling and storage of plant, structures and substances; and\nthe provision of any information, training, instruction or supervision that is necessary to protect persons for whom the activities are provided from risks to their health and safety arising from the provision of the activities; and\nthat persons and conditions at a place where recreational water activities are provided are monitored for the purpose of preventing illness or injury of persons for whom the activities are provided.\n(sec.16-ssec.1) A person conducting a business or undertaking that provides recreational water activities must ensure, so far as is reasonably practicable, that the health and safety of persons for whom the activities are provided are not put at risk by the provision of the recreational water activity.\n(sec.16-ssec.2) Without limiting subsection (1) , a person conducting a business or undertaking that provides recreational water activities must ensure, so far as is reasonably practicable— the provision and maintenance of safe plant and structures; and the safe use, handling and storage of plant, structures and substances; and the provision of any information, training, instruction or supervision that is necessary to protect persons for whom the activities are provided from risks to their health and safety arising from the provision of the activities; and that persons and conditions at a place where recreational water activities are provided are monitored for the purpose of preventing illness or injury of persons for whom the activities are provided.\n- (a) the provision and maintenance of safe plant and structures; and\n- (b) the safe use, handling and storage of plant, structures and substances; and\n- (c) the provision of any information, training, instruction or supervision that is necessary to protect persons for whom the activities are provided from risks to their health and safety arising from the provision of the activities; and\n- (d) that persons and conditions at a place where recreational water activities are provided are monitored for the purpose of preventing illness or injury of persons for whom the activities are provided.","sortOrder":19},{"sectionNumber":"sec.17","sectionType":"section","heading":"Duty of officers","content":"### sec.17 Duty of officers\n\nIf a person conducting a business or undertaking has a duty or obligation under this Act, an officer of the person conducting the business or undertaking must exercise due diligence to ensure that the person conducting the business or undertaking complies with that duty or obligation.\nSubject to subsection (3) , the maximum penalty applicable under division 3 for an offence relating to the duty of an officer under this section is the maximum penalty fixed for an officer of a person conducting a business or undertaking for that offence.\nDespite anything to the contrary in section 23 , if the duty or obligation of a person conducting a business or undertaking was imposed under a provision other than a provision of this division, the maximum penalty under section 23 for an offence by an officer under section 23 in relation to the duty or obligation is the maximum penalty fixed under the provision creating the duty or obligation for an individual who fails to comply with the duty or obligation.\nAn officer of a person conducting a business or undertaking may be convicted or found guilty of an offence under this Act relating to a duty under this section whether or not the person conducting the business or undertaking has been convicted or found guilty of an offence under this Act relating to the duty or obligation.\nIn this section, due diligence includes taking reasonable steps—\nto acquire and keep up-to-date knowledge of recreational water activities health and safety; and\nto gain an understanding of the nature of the operations of the business or undertaking of the person conducting the business or undertaking and generally of the hazards and risks associated with those operations; and\nto ensure that the person conducting the business or undertaking has available for use, and uses, appropriate resources and processes to eliminate or minimise risks to health and safety from recreational water activities provided as part of the conduct of the business or undertaking; and\nto ensure that the person conducting the business or undertaking has appropriate processes for receiving and considering information regarding incidents, hazards and risks and responding in a timely way to that information; and\nto ensure that the person conducting the business or undertaking has, and implements, processes for complying with any duty or obligation of the person conducting the business or undertaking under this Act; and\nFor paragraph (e) , the duties or obligations under this Act of a person conducting a business or undertaking may include—\nreporting notifiable incidents\nensuring compliance with notices issued under this Act\nensuring the provision of training and instruction to workers about health and safety in providing recreational water activities.\nto verify the provision and use of the resources and processes mentioned in paragraphs (c) to (e) .\n(sec.17-ssec.1) If a person conducting a business or undertaking has a duty or obligation under this Act, an officer of the person conducting the business or undertaking must exercise due diligence to ensure that the person conducting the business or undertaking complies with that duty or obligation.\n(sec.17-ssec.2) Subject to subsection (3) , the maximum penalty applicable under division 3 for an offence relating to the duty of an officer under this section is the maximum penalty fixed for an officer of a person conducting a business or undertaking for that offence.\n(sec.17-ssec.3) Despite anything to the contrary in section 23 , if the duty or obligation of a person conducting a business or undertaking was imposed under a provision other than a provision of this division, the maximum penalty under section 23 for an offence by an officer under section 23 in relation to the duty or obligation is the maximum penalty fixed under the provision creating the duty or obligation for an individual who fails to comply with the duty or obligation.\n(sec.17-ssec.4) An officer of a person conducting a business or undertaking may be convicted or found guilty of an offence under this Act relating to a duty under this section whether or not the person conducting the business or undertaking has been convicted or found guilty of an offence under this Act relating to the duty or obligation.\n(sec.17-ssec.5) In this section, due diligence includes taking reasonable steps— to acquire and keep up-to-date knowledge of recreational water activities health and safety; and to gain an understanding of the nature of the operations of the business or undertaking of the person conducting the business or undertaking and generally of the hazards and risks associated with those operations; and to ensure that the person conducting the business or undertaking has available for use, and uses, appropriate resources and processes to eliminate or minimise risks to health and safety from recreational water activities provided as part of the conduct of the business or undertaking; and to ensure that the person conducting the business or undertaking has appropriate processes for receiving and considering information regarding incidents, hazards and risks and responding in a timely way to that information; and to ensure that the person conducting the business or undertaking has, and implements, processes for complying with any duty or obligation of the person conducting the business or undertaking under this Act; and For paragraph (e) , the duties or obligations under this Act of a person conducting a business or undertaking may include— reporting notifiable incidents ensuring compliance with notices issued under this Act ensuring the provision of training and instruction to workers about health and safety in providing recreational water activities. to verify the provision and use of the resources and processes mentioned in paragraphs (c) to (e) .\n- (a) to acquire and keep up-to-date knowledge of recreational water activities health and safety; and\n- (b) to gain an understanding of the nature of the operations of the business or undertaking of the person conducting the business or undertaking and generally of the hazards and risks associated with those operations; and\n- (c) to ensure that the person conducting the business or undertaking has available for use, and uses, appropriate resources and processes to eliminate or minimise risks to health and safety from recreational water activities provided as part of the conduct of the business or undertaking; and\n- (d) to ensure that the person conducting the business or undertaking has appropriate processes for receiving and considering information regarding incidents, hazards and risks and responding in a timely way to that information; and\n- (e) to ensure that the person conducting the business or undertaking has, and implements, processes for complying with any duty or obligation of the person conducting the business or undertaking under this Act; and Example— For paragraph (e) , the duties or obligations under this Act of a person conducting a business or undertaking may include— • reporting notifiable incidents • ensuring compliance with notices issued under this Act • ensuring the provision of training and instruction to workers about health and safety in providing recreational water activities.\n- • reporting notifiable incidents\n- • ensuring compliance with notices issued under this Act\n- • ensuring the provision of training and instruction to workers about health and safety in providing recreational water activities.\n- (f) to verify the provision and use of the resources and processes mentioned in paragraphs (c) to (e) .\n- • reporting notifiable incidents\n- • ensuring compliance with notices issued under this Act\n- • ensuring the provision of training and instruction to workers about health and safety in providing recreational water activities.","sortOrder":20},{"sectionNumber":"sec.18","sectionType":"section","heading":"Duties of workers","content":"### sec.18 Duties of workers\n\nWhile providing recreational water activities at work, a worker must—\ntake reasonable care that his or her acts or omissions do not adversely affect the health and safety of persons for whom recreational water activities are provided; and\ncomply, so far as the worker is reasonably able, with any reasonable instruction that is given by the person conducting the business or undertaking to allow the person to comply with this Act.\n- (a) take reasonable care that his or her acts or omissions do not adversely affect the health and safety of persons for whom recreational water activities are provided; and\n- (b) comply, so far as the worker is reasonably able, with any reasonable instruction that is given by the person conducting the business or undertaking to allow the person to comply with this Act.","sortOrder":21},{"sectionNumber":"sec.19","sectionType":"section","heading":"Duties of other persons at a place where recreational water activities are provided","content":"### sec.19 Duties of other persons at a place where recreational water activities are provided\n\nThis section applies in relation to persons present at a place where recreational water activities are being provided in the conduct of a business or undertaking.\nPersons present at the place include any of the following who are present at the place—\na person conducting the business or undertaking;\na worker in the business or undertaking;\na person for whom the activities are provided;\na person who is an onlooker or present for some other reason.\nA person mentioned in subsection (2) (c) and (d) must—\ntake reasonable care for his or her own health and safety; and\ntake reasonable care that his or her acts or omissions do not adversely affect the health and safety of other persons present at the place; and\ncomply, so far as the person is reasonably able, with any reasonable instruction that is given by the person conducting the business or undertaking to allow the person conducting the business or undertaking to comply with this Act.\n(sec.19-ssec.1) This section applies in relation to persons present at a place where recreational water activities are being provided in the conduct of a business or undertaking.\n(sec.19-ssec.2) Persons present at the place include any of the following who are present at the place— a person conducting the business or undertaking; a worker in the business or undertaking; a person for whom the activities are provided; a person who is an onlooker or present for some other reason.\n(sec.19-ssec.3) A person mentioned in subsection (2) (c) and (d) must— take reasonable care for his or her own health and safety; and take reasonable care that his or her acts or omissions do not adversely affect the health and safety of other persons present at the place; and comply, so far as the person is reasonably able, with any reasonable instruction that is given by the person conducting the business or undertaking to allow the person conducting the business or undertaking to comply with this Act.\n- (a) a person conducting the business or undertaking;\n- (b) a worker in the business or undertaking;\n- (c) a person for whom the activities are provided;\n- (d) a person who is an onlooker or present for some other reason.\n- (a) take reasonable care for his or her own health and safety; and\n- (b) take reasonable care that his or her acts or omissions do not adversely affect the health and safety of other persons present at the place; and\n- (c) comply, so far as the person is reasonably able, with any reasonable instruction that is given by the person conducting the business or undertaking to allow the person conducting the business or undertaking to comply with this Act.","sortOrder":22},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Offences and penalties","content":"## Offences and penalties","sortOrder":23},{"sectionNumber":"sec.20","sectionType":"section","heading":"Health and safety duty for recreational water activities","content":"### sec.20 Health and safety duty for recreational water activities\n\nHealth and safety duty for recreational water activities means a duty imposed under division 2 .","sortOrder":24},{"sectionNumber":"sec.21","sectionType":"section","heading":"Negligent or reckless conduct—category 1","content":"### sec.21 Negligent or reckless conduct—category 1\n\nA person commits a category 1 offence if—\nthe person has a health and safety duty for recreational water activities; and\nthe person, without reasonable excuse, engages in conduct that exposes an individual to whom that duty is owed to a risk of death or serious injury or illness; and\nthe person—\nengages in the conduct with negligence; or\nis reckless as to the risk to the individual of death or serious injury or illness.\nMaximum penalty—\nfor an offence committed by an individual, other than as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking—3,000 penalty units or 5 years imprisonment; or\nfor an offence committed by an individual as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking—6,000 penalty units or 5 years imprisonment; or\nfor an offence committed by a body corporate—30,000 penalty units.\nIn this division, the penalty applicable to a body corporate is separately expressed. Otherwise the Penalties and Sentences Act 1992 , section 181B applies for this Act.\nThe prosecution bears the burden of proving that the conduct was engaged in without reasonable excuse.\nA category 1 offence is a crime.\ns 21 amd 2024 No. 44 s 38\n(sec.21-ssec.1) A person commits a category 1 offence if— the person has a health and safety duty for recreational water activities; and the person, without reasonable excuse, engages in conduct that exposes an individual to whom that duty is owed to a risk of death or serious injury or illness; and the person— engages in the conduct with negligence; or is reckless as to the risk to the individual of death or serious injury or illness. Maximum penalty— for an offence committed by an individual, other than as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking—3,000 penalty units or 5 years imprisonment; or for an offence committed by an individual as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking—6,000 penalty units or 5 years imprisonment; or for an offence committed by a body corporate—30,000 penalty units. In this division, the penalty applicable to a body corporate is separately expressed. Otherwise the Penalties and Sentences Act 1992 , section 181B applies for this Act.\n(sec.21-ssec.2) The prosecution bears the burden of proving that the conduct was engaged in without reasonable excuse.\n(sec.21-ssec.3) A category 1 offence is a crime.\n- (a) the person has a health and safety duty for recreational water activities; and\n- (b) the person, without reasonable excuse, engages in conduct that exposes an individual to whom that duty is owed to a risk of death or serious injury or illness; and\n- (c) the person— (i) engages in the conduct with negligence; or (ii) is reckless as to the risk to the individual of death or serious injury or illness.\n- (i) engages in the conduct with negligence; or\n- (ii) is reckless as to the risk to the individual of death or serious injury or illness.\n- (i) engages in the conduct with negligence; or\n- (ii) is reckless as to the risk to the individual of death or serious injury or illness.\n- (a) for an offence committed by an individual, other than as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking—3,000 penalty units or 5 years imprisonment; or\n- (b) for an offence committed by an individual as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking—6,000 penalty units or 5 years imprisonment; or\n- (c) for an offence committed by a body corporate—30,000 penalty units.","sortOrder":25},{"sectionNumber":"sec.22","sectionType":"section","heading":"Failure to comply with health and safety duty for recreational water activities—category 2","content":"### sec.22 Failure to comply with health and safety duty for recreational water activities—category 2\n\nA person commits a category 2 offence if—\nthe person has a health and safety duty for recreational water activities; and\nthe person fails to comply with that duty; and\nthe failure exposes an individual to a risk of death or serious injury or illness.\nMaximum penalty—\nfor an offence committed by an individual, other than as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking—1,500 penalty units; or\nfor an offence committed by an individual as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking—3,000 penalty units; or\nfor an offence committed by a body corporate—15,000 penalty units.\nSee also the note to section 21 (1) .\n- (a) the person has a health and safety duty for recreational water activities; and\n- (b) the person fails to comply with that duty; and\n- (c) the failure exposes an individual to a risk of death or serious injury or illness.\n- (a) for an offence committed by an individual, other than as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking—1,500 penalty units; or\n- (b) for an offence committed by an individual as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking—3,000 penalty units; or\n- (c) for an offence committed by a body corporate—15,000 penalty units.","sortOrder":26},{"sectionNumber":"sec.23","sectionType":"section","heading":"Failure to comply with health and safety duty for recreational water activities—category 3","content":"### sec.23 Failure to comply with health and safety duty for recreational water activities—category 3\n\nA person commits a category 3 offence if—\nthe person has a health and safety duty for recreational water activities; and\nthe person fails to comply with that duty.\nMaximum penalty—\nfor an offence committed by an individual, other than as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking—500 penalty units; or\nfor an offence committed by an individual as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking—1,000 penalty units; or\nfor an offence committed by a body corporate—5,000 penalty units.\nSee also the note to section 21 (1) .\n- (a) the person has a health and safety duty for recreational water activities; and\n- (b) the person fails to comply with that duty.\n- (a) for an offence committed by an individual, other than as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking—500 penalty units; or\n- (b) for an offence committed by an individual as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking—1,000 penalty units; or\n- (c) for an offence committed by a body corporate—5,000 penalty units.","sortOrder":27},{"sectionNumber":"sec.24","sectionType":"section","heading":"Duty prevails over particular excuses","content":"### sec.24 Duty prevails over particular excuses\n\nFor an offence against section 22 or 23 , the Criminal Code sections 23 (1) and 24 are subject to division 2 .","sortOrder":28},{"sectionNumber":"sec.25","sectionType":"section","heading":"Exceptions","content":"### sec.25 Exceptions\n\nA volunteer does not commit an offence under this division for a failure to comply with a health and safety duty for recreational water activities, except a duty under section 18 or 19 .\nAn unincorporated association does not commit an offence under this Act for a failure to comply with a duty or obligation imposed on the unincorporated association under this Act.\nHowever—\nan officer of an unincorporated association (other than a volunteer) may be liable for a failure to comply with a duty under section 17 ; and\na member of an unincorporated association may be liable for failure to comply with a duty under section 18 or 19 .\n(sec.25-ssec.1) A volunteer does not commit an offence under this division for a failure to comply with a health and safety duty for recreational water activities, except a duty under section 18 or 19 .\n(sec.25-ssec.2) An unincorporated association does not commit an offence under this Act for a failure to comply with a duty or obligation imposed on the unincorporated association under this Act.\n(sec.25-ssec.3) However— an officer of an unincorporated association (other than a volunteer) may be liable for a failure to comply with a duty under section 17 ; and a member of an unincorporated association may be liable for failure to comply with a duty under section 18 or 19 .\n- (a) an officer of an unincorporated association (other than a volunteer) may be liable for a failure to comply with a duty under section 17 ; and\n- (b) a member of an unincorporated association may be liable for failure to comply with a duty under section 18 or 19 .","sortOrder":29},{"sectionNumber":"pt.2A","sectionType":"part","heading":"Industrial manslaughter","content":"# Industrial manslaughter","sortOrder":30},{"sectionNumber":"sec.25A","sectionType":"section","heading":"Definitions for part","content":"### sec.25A Definitions for part\n\nIn this part—\nconduct means an act or omission to perform an act.\nexecutive officer , of a corporation, means a person who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director or the person’s position is given the name of executive officer.\nsenior officer , of a person conducting a business or undertaking, means—\nif the person is a corporation—an executive officer of the corporation; or\notherwise—the holder of an executive position (however described) in relation to the person who makes, or takes part in making, decisions affecting all, or a substantial part, of the person’s functions.\nFor this part, a person’s conduct causes death if it substantially contributes to the death.\nFor this part, a reference to a worker carrying out work for a business or undertaking includes a reference to a worker who is at a place where recreational water activities are provided, or work is carried out, for the business or undertaking, including during a work break.\ns 25A ins 2017 No. 38 s 62\n(sec.25A-ssec.1) In this part— conduct means an act or omission to perform an act. executive officer , of a corporation, means a person who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director or the person’s position is given the name of executive officer. senior officer , of a person conducting a business or undertaking, means— if the person is a corporation—an executive officer of the corporation; or otherwise—the holder of an executive position (however described) in relation to the person who makes, or takes part in making, decisions affecting all, or a substantial part, of the person’s functions.\n(sec.25A-ssec.2) For this part, a person’s conduct causes death if it substantially contributes to the death.\n(sec.25A-ssec.3) For this part, a reference to a worker carrying out work for a business or undertaking includes a reference to a worker who is at a place where recreational water activities are provided, or work is carried out, for the business or undertaking, including during a work break.\n- (a) if the person is a corporation—an executive officer of the corporation; or\n- (b) otherwise—the holder of an executive position (however described) in relation to the person who makes, or takes part in making, decisions affecting all, or a substantial part, of the person’s functions.","sortOrder":31},{"sectionNumber":"sec.25B","sectionType":"section","heading":"Exceptions","content":"### sec.25B Exceptions\n\nA volunteer does not commit an offence under this part.\nDespite section 25 (2) , a senior officer of an unincorporated association (other than a volunteer) may commit an offence under this part.\nThe Criminal Code , section 23 does not apply to an offence under this part.\ns 25B ins 2017 No. 38 s 62\n(sec.25B-ssec.1) A volunteer does not commit an offence under this part.\n(sec.25B-ssec.2) Despite section 25 (2) , a senior officer of an unincorporated association (other than a volunteer) may commit an offence under this part.\n(sec.25B-ssec.3) The Criminal Code , section 23 does not apply to an offence under this part.","sortOrder":32},{"sectionNumber":"sec.25C","sectionType":"section","heading":"Industrial manslaughter—person conducting business or undertaking","content":"### sec.25C Industrial manslaughter—person conducting business or undertaking\n\nA person conducting a business or undertaking that provides recreational water activities commits an offence if—\na worker—\ndies in the course of carrying out work for the business or undertaking; or\nis injured in the course of carrying out work for the business or undertaking and later dies; and\nthe person’s conduct causes the death of the worker; and\nthe person is negligent about causing the death of the worker by the conduct.\nMaximum penalty—\nfor an individual—20 years imprisonment; or\nfor a body corporate—100,000 penalty units.\nSee the Work Health and Safety Act 2011 , section 244 or 251 , as applied by section 36 of this Act, in relation to the imputation to a body corporate or public authority of conduct of an employee, agent or officer of the body corporate or public authority.\nAn offence against subsection (1) is a crime.\ns 25C ins 2017 No. 38 s 62\n(sec.25C-ssec.1) A person conducting a business or undertaking that provides recreational water activities commits an offence if— a worker— dies in the course of carrying out work for the business or undertaking; or is injured in the course of carrying out work for the business or undertaking and later dies; and the person’s conduct causes the death of the worker; and the person is negligent about causing the death of the worker by the conduct. Maximum penalty— for an individual—20 years imprisonment; or for a body corporate—100,000 penalty units. See the Work Health and Safety Act 2011 , section 244 or 251 , as applied by section 36 of this Act, in relation to the imputation to a body corporate or public authority of conduct of an employee, agent or officer of the body corporate or public authority.\n(sec.25C-ssec.2) An offence against subsection (1) is a crime.\n- (a) a worker— (i) dies in the course of carrying out work for the business or undertaking; or (ii) is injured in the course of carrying out work for the business or undertaking and later dies; and\n- (i) dies in the course of carrying out work for the business or undertaking; or\n- (ii) is injured in the course of carrying out work for the business or undertaking and later dies; and\n- (b) the person’s conduct causes the death of the worker; and\n- (c) the person is negligent about causing the death of the worker by the conduct.\n- (i) dies in the course of carrying out work for the business or undertaking; or\n- (ii) is injured in the course of carrying out work for the business or undertaking and later dies; and\n- (a) for an individual—20 years imprisonment; or\n- (b) for a body corporate—100,000 penalty units.","sortOrder":33},{"sectionNumber":"sec.25D","sectionType":"section","heading":"Industrial manslaughter—senior officer","content":"### sec.25D Industrial manslaughter—senior officer\n\nA senior officer of a person conducting a business or undertaking that provides recreational water activities commits an offence if—\na worker—\ndies in the course of carrying out work for the business or undertaking; or\nis injured in the course of carrying out work for the business or undertaking and later dies; and\nthe senior officer’s conduct causes the death of the worker; and\nthe senior officer is negligent about causing the death of the worker by the conduct.\nMaximum penalty—20 years imprisonment.\nAn offence against subsection (1) is a crime.\ns 25D ins 2017 No. 38 s 62\n(sec.25D-ssec.1) A senior officer of a person conducting a business or undertaking that provides recreational water activities commits an offence if— a worker— dies in the course of carrying out work for the business or undertaking; or is injured in the course of carrying out work for the business or undertaking and later dies; and the senior officer’s conduct causes the death of the worker; and the senior officer is negligent about causing the death of the worker by the conduct. Maximum penalty—20 years imprisonment.\n(sec.25D-ssec.2) An offence against subsection (1) is a crime.\n- (a) a worker— (i) dies in the course of carrying out work for the business or undertaking; or (ii) is injured in the course of carrying out work for the business or undertaking and later dies; and\n- (i) dies in the course of carrying out work for the business or undertaking; or\n- (ii) is injured in the course of carrying out work for the business or undertaking and later dies; and\n- (b) the senior officer’s conduct causes the death of the worker; and\n- (c) the senior officer is negligent about causing the death of the worker by the conduct.\n- (i) dies in the course of carrying out work for the business or undertaking; or\n- (ii) is injured in the course of carrying out work for the business or undertaking and later dies; and","sortOrder":34},{"sectionNumber":"pt.3","sectionType":"part","heading":"Incident notification","content":"# Incident notification","sortOrder":35},{"sectionNumber":"sec.26","sectionType":"section","heading":"What is a notifiable incident","content":"### sec.26 What is a notifiable incident\n\nIn this Act, notifiable incident means—\nthe death of a person; or\na serious injury or illness of a person; or\na dangerous incident.\n- (a) the death of a person; or\n- (b) a serious injury or illness of a person; or\n- (c) a dangerous incident.","sortOrder":36},{"sectionNumber":"sec.27","sectionType":"section","heading":"What is a serious injury or illness","content":"### sec.27 What is a serious injury or illness\n\nIn this part, serious injury or illness of a person means an injury or illness requiring the person to have—\nimmediate treatment as an in-patient in a hospital; or\ntreatment for a serious decompression illness arising while diving\nimmediate treatment for—\nthe amputation of any part of his or her body; or\na serious head injury; or\na serious eye injury; or\na serious burn; or\nthe separation of his or her skin from an underlying tissue (such as degloving or scalping); or\na spinal injury; or\nthe loss of a bodily function; or\nserious lacerations;\nand includes any other injury or illness prescribed under a regulation but does not include an illness or injury of a prescribed kind.\n- (a) immediate treatment as an in-patient in a hospital; or Example— treatment for a serious decompression illness arising while diving\n- (b) immediate treatment for— (i) the amputation of any part of his or her body; or (ii) a serious head injury; or (iii) a serious eye injury; or (iv) a serious burn; or (v) the separation of his or her skin from an underlying tissue (such as degloving or scalping); or (vi) a spinal injury; or (vii) the loss of a bodily function; or (viii) serious lacerations;\n- (i) the amputation of any part of his or her body; or\n- (ii) a serious head injury; or\n- (iii) a serious eye injury; or\n- (iv) a serious burn; or\n- (v) the separation of his or her skin from an underlying tissue (such as degloving or scalping); or\n- (vi) a spinal injury; or\n- (vii) the loss of a bodily function; or\n- (viii) serious lacerations;\n- (i) the amputation of any part of his or her body; or\n- (ii) a serious head injury; or\n- (iii) a serious eye injury; or\n- (iv) a serious burn; or\n- (v) the separation of his or her skin from an underlying tissue (such as degloving or scalping); or\n- (vi) a spinal injury; or\n- (vii) the loss of a bodily function; or\n- (viii) serious lacerations;","sortOrder":37},{"sectionNumber":"sec.28","sectionType":"section","heading":"What is a dangerous incident","content":"### sec.28 What is a dangerous incident\n\nIn this part, a dangerous incident means an incident in relation to a place where recreational water activities are provided that exposes a person to a serious risk to the person’s health or safety emanating from an immediate or imminent exposure to—\nan uncontrolled escape, spillage or leakage of a substance; or\nan uncontrolled implosion, explosion or fire; or\nan uncontrolled escape of gas or steam; or\nan uncontrolled escape of a pressurised substance; or\nelectric shock; or\nthe fall or release from a height of any plant, substance or thing; or\nany other event prescribed under a regulation;\nbut does not include an incident of a prescribed kind.\n- (a) an uncontrolled escape, spillage or leakage of a substance; or\n- (b) an uncontrolled implosion, explosion or fire; or\n- (c) an uncontrolled escape of gas or steam; or\n- (d) an uncontrolled escape of a pressurised substance; or\n- (e) electric shock; or\n- (f) the fall or release from a height of any plant, substance or thing; or\n- (g) any other event prescribed under a regulation;","sortOrder":38},{"sectionNumber":"sec.29","sectionType":"section","heading":"Duty to notify of notifiable incidents","content":"### sec.29 Duty to notify of notifiable incidents\n\nA person who conducts a business or undertaking that provides recreational water activities must ensure that the regulator is notified immediately after becoming aware that a notifiable incident arising out of the conduct of the business or undertaking has occurred.\nMaximum penalty—100 penalty units.\nThe notice must be given as required under this section and by the fastest possible means.\nThe notice must be given—\nby telephone; or\nin writing.\nThe written notice can be given by facsimile, email or other electronic means.\nA person giving notice by telephone must—\ngive the details of the incident requested by the regulator; and\nif required by the regulator, give a written notice of the incident within 48 hours of that requirement being made.\nA written notice must be in a form, or contain the details, approved by the regulator.\nIf the regulator receives a notice by telephone and a written notice is not required, the regulator must give the person conducting the business or undertaking—\ndetails of the information received; or\nan acknowledgement of receiving the notice.\nA person conducting a business or undertaking providing recreational water activities must keep a record of each notifiable incident for at least 5 years from the day that notice of the incident is given to the regulator under this section.\nMaximum penalty—50 penalty units.\n(sec.29-ssec.1) A person who conducts a business or undertaking that provides recreational water activities must ensure that the regulator is notified immediately after becoming aware that a notifiable incident arising out of the conduct of the business or undertaking has occurred. Maximum penalty—100 penalty units.\n(sec.29-ssec.2) The notice must be given as required under this section and by the fastest possible means.\n(sec.29-ssec.3) The notice must be given— by telephone; or in writing. The written notice can be given by facsimile, email or other electronic means.\n(sec.29-ssec.4) A person giving notice by telephone must— give the details of the incident requested by the regulator; and if required by the regulator, give a written notice of the incident within 48 hours of that requirement being made.\n(sec.29-ssec.5) A written notice must be in a form, or contain the details, approved by the regulator.\n(sec.29-ssec.6) If the regulator receives a notice by telephone and a written notice is not required, the regulator must give the person conducting the business or undertaking— details of the information received; or an acknowledgement of receiving the notice.\n(sec.29-ssec.7) A person conducting a business or undertaking providing recreational water activities must keep a record of each notifiable incident for at least 5 years from the day that notice of the incident is given to the regulator under this section. Maximum penalty—50 penalty units.\n- (a) by telephone; or\n- (b) in writing. Example— The written notice can be given by facsimile, email or other electronic means.\n- (a) give the details of the incident requested by the regulator; and\n- (b) if required by the regulator, give a written notice of the incident within 48 hours of that requirement being made.\n- (a) details of the information received; or\n- (b) an acknowledgement of receiving the notice.","sortOrder":39},{"sectionNumber":"sec.30","sectionType":"section","heading":"Duty to preserve incident sites","content":"### sec.30 Duty to preserve incident sites\n\nThe person with management or control of a place at which recreational water activities are provided and at which a notifiable incident has occurred must ensure, so far as is reasonably practicable, that the site where the incident occurred is not disturbed until an inspector arrives at the site or any earlier time that an inspector directs.\nMaximum penalty—100 penalty units.\nIn subsection (1) a reference to a site includes any plant, substance, structure or thing associated with the notifiable incident.\nSubsection (1) does not prevent any action—\nto assist an injured person; or\nto remove a deceased person; or\nthat is essential to make the site safe or to minimise the risk of a further notifiable incident; or\nthat is associated with a police investigation; or\nfor which an inspector or the regulator has given permission.\n(sec.30-ssec.1) The person with management or control of a place at which recreational water activities are provided and at which a notifiable incident has occurred must ensure, so far as is reasonably practicable, that the site where the incident occurred is not disturbed until an inspector arrives at the site or any earlier time that an inspector directs. Maximum penalty—100 penalty units.\n(sec.30-ssec.2) In subsection (1) a reference to a site includes any plant, substance, structure or thing associated with the notifiable incident.\n(sec.30-ssec.3) Subsection (1) does not prevent any action— to assist an injured person; or to remove a deceased person; or that is essential to make the site safe or to minimise the risk of a further notifiable incident; or that is associated with a police investigation; or for which an inspector or the regulator has given permission.\n- (a) to assist an injured person; or\n- (b) to remove a deceased person; or\n- (c) that is essential to make the site safe or to minimise the risk of a further notifiable incident; or\n- (d) that is associated with a police investigation; or\n- (e) for which an inspector or the regulator has given permission.","sortOrder":40},{"sectionNumber":"pt.4","sectionType":"part","heading":"Enforcement","content":"# Enforcement","sortOrder":41},{"sectionNumber":"sec.31","sectionType":"section","heading":"General provision for applied WHS provision","content":"### sec.31 General provision for applied WHS provision\n\nThis section applies for the purpose of applying, for this Act, a provision of the Work Health and Safety Act 2011 that, under this part, is applied for this Act.\nA reference in an applied WHS provision to the Work Health and Safety Act 2011 is taken to be a reference to this Act.\nAn applied WHS provision uses the term ‘this Act’. As enacted in the Work Health and Safety Act 2011 it means that Act, but as an applied WHS provision for this Act it means this Act.\nSubsection (4) applies if—\na provision of the Work Health and Safety Act 2011 that is applied for this Act mentions another provision of that Act (the mentioned provision ); and\nthe mentioned provision has also been applied for this Act.\nThe reference to the mentioned provision is taken to be a reference to that provision as applied for this Act.\nSection 32 applies the Work Health and Safety Act 2011 , section 155 for this Act.\nApplied WHS section 155 mentions section 172 of that Act.\nSection 172 of that Act has been applied as a provision for this Act by section 33 (3) .\nTherefore, in applied WHS section 155 , the reference to section 172 is taken to be a reference to applied WHS section 172 .\nSubject to this Act, a term used in an applied WHS provision has the same meaning as it has in the Work Health and Safety Act 2011 , with necessary changes for its application for this Act.\n(sec.31-ssec.1) This section applies for the purpose of applying, for this Act, a provision of the Work Health and Safety Act 2011 that, under this part, is applied for this Act.\n(sec.31-ssec.2) A reference in an applied WHS provision to the Work Health and Safety Act 2011 is taken to be a reference to this Act. An applied WHS provision uses the term ‘this Act’. As enacted in the Work Health and Safety Act 2011 it means that Act, but as an applied WHS provision for this Act it means this Act.\n(sec.31-ssec.3) Subsection (4) applies if— a provision of the Work Health and Safety Act 2011 that is applied for this Act mentions another provision of that Act (the mentioned provision ); and the mentioned provision has also been applied for this Act.\n(sec.31-ssec.4) The reference to the mentioned provision is taken to be a reference to that provision as applied for this Act. Section 32 applies the Work Health and Safety Act 2011 , section 155 for this Act. Applied WHS section 155 mentions section 172 of that Act. Section 172 of that Act has been applied as a provision for this Act by section 33 (3) . Therefore, in applied WHS section 155 , the reference to section 172 is taken to be a reference to applied WHS section 172 .\n(sec.31-ssec.5) Subject to this Act, a term used in an applied WHS provision has the same meaning as it has in the Work Health and Safety Act 2011 , with necessary changes for its application for this Act.\n- (a) a provision of the Work Health and Safety Act 2011 that is applied for this Act mentions another provision of that Act (the mentioned provision ); and\n- (b) the mentioned provision has also been applied for this Act.\n- 1 Section 32 applies the Work Health and Safety Act 2011 , section 155 for this Act.\n- 2 Applied WHS section 155 mentions section 172 of that Act.\n- 3 Section 172 of that Act has been applied as a provision for this Act by section 33 (3) .\n- 4 Therefore, in applied WHS section 155 , the reference to section 172 is taken to be a reference to applied WHS section 172 .","sortOrder":42},{"sectionNumber":"sec.32","sectionType":"section","heading":"The regulator","content":"### sec.32 The regulator\n\nThe regulator under the Work Health and Safety Act 2011 is the regulator under this Act.\nThe regulator has, for this Act, the same functions as the regulator has for the Work Health and Safety Act 2011 under section 152 of that Act, and that section applies for this Act as if in the section—\na reference to a health and safety matter were a reference to a matter relating to recreational water activities health and safety; and\na reference to a corresponding regulator were a reference to the corresponding regulator under this Act.\nSections 153 to  155 of the Work Health and Safety Act 2011 apply for this Act.\n(sec.32-ssec.1) The regulator under the Work Health and Safety Act 2011 is the regulator under this Act.\n(sec.32-ssec.2) The regulator has, for this Act, the same functions as the regulator has for the Work Health and Safety Act 2011 under section 152 of that Act, and that section applies for this Act as if in the section— a reference to a health and safety matter were a reference to a matter relating to recreational water activities health and safety; and a reference to a corresponding regulator were a reference to the corresponding regulator under this Act.\n(sec.32-ssec.3) Sections 153 to  155 of the Work Health and Safety Act 2011 apply for this Act.\n- (a) a reference to a health and safety matter were a reference to a matter relating to recreational water activities health and safety; and\n- (b) a reference to a corresponding regulator were a reference to the corresponding regulator under this Act.","sortOrder":43},{"sectionNumber":"sec.33","sectionType":"section","heading":"Inspectors and enforcement measures","content":"### sec.33 Inspectors and enforcement measures\n\nAn inspector under the Work Health and Safety Act 2011 is an inspector under this Act.\nThe Work Health and Safety Act 2011 , sections 157 to 159 apply for this Act, and an identity card issued under applied WHS section 157 (1) is taken to have been issued for this Act.\nThe Work Health and Safety Act 2011 , part 9 , divisions 2 to 6 and part 10 apply for this Act as if—\na reference to a workplace were a reference to a place where recreational water activities are provided by a person in the conduct of a business or undertaking; and\na reference to work health and safety were a reference to recreational water activities health and safety.\n(sec.33-ssec.1) An inspector under the Work Health and Safety Act 2011 is an inspector under this Act.\n(sec.33-ssec.2) The Work Health and Safety Act 2011 , sections 157 to 159 apply for this Act, and an identity card issued under applied WHS section 157 (1) is taken to have been issued for this Act.\n(sec.33-ssec.3) The Work Health and Safety Act 2011 , part 9 , divisions 2 to 6 and part 10 apply for this Act as if— a reference to a workplace were a reference to a place where recreational water activities are provided by a person in the conduct of a business or undertaking; and a reference to work health and safety were a reference to recreational water activities health and safety.\n- (a) a reference to a workplace were a reference to a place where recreational water activities are provided by a person in the conduct of a business or undertaking; and\n- (b) a reference to work health and safety were a reference to recreational water activities health and safety.","sortOrder":44},{"sectionNumber":"sec.34","sectionType":"section","heading":"Enforceable undertakings","content":"### sec.34 Enforceable undertakings\n\nThe Work Health and Safety Act 2011 , part 11 applies for this Act as if—\na reference in the part to a contravention of that Act were a reference to a contravention of this Act; and\na reference to a WHS undertaking were a reference to a recreational water activities health and safety undertaking; and\na reference to a category 1 offence or category 2 offence were a reference to a category 1 offence or category 2 offence under this Act; and\na reference to an offence against part 2A were a reference to an offence against part 2A of this Act.\ns 34 amd 2017 No. 38 s 63\n- (a) a reference in the part to a contravention of that Act were a reference to a contravention of this Act; and\n- (b) a reference to a WHS undertaking were a reference to a recreational water activities health and safety undertaking; and\n- (c) a reference to a category 1 offence or category 2 offence were a reference to a category 1 offence or category 2 offence under this Act; and\n- (d) a reference to an offence against part 2A were a reference to an offence against part 2A of this Act.","sortOrder":45},{"sectionNumber":"sec.35","sectionType":"section","heading":"Review of decisions","content":"### sec.35 Review of decisions\n\nThe table in applied WHS schedule 2A (other than to the extent to which it relates to section 102 of the Work Health and Safety Act 2011 ) states—\ndecisions made under this Act that are reviewable under this part ( reviewable decisions ); and\nwho is eligible to apply for review of a reviewable decision (the eligible person ).\nJurisdiction is conferred on QCAT to hear and decide an external review relating to a reviewable decision.\nThe Work Health and Safety Act 2011 , part 12 (other than section 223 (1) ) and schedule 2A (as provided under subsection (1) ) apply for this Act as if—\na reference in those provisions, other than in applied WHS section 224 , to an internal review were a reference to an internal review as defined under applied WHS section 224 ; and\na reference in those provisions to a reviewable decision or eligible person were a reference to a reviewable decision or eligible person under subsection (1) .\nIn this section—\nexternal review means an external review as defined under applied WHS section 229 .\ns 35 amd 2024 No. 11 s 10\n(sec.35-ssec.1) The table in applied WHS schedule 2A (other than to the extent to which it relates to section 102 of the Work Health and Safety Act 2011 ) states— decisions made under this Act that are reviewable under this part ( reviewable decisions ); and who is eligible to apply for review of a reviewable decision (the eligible person ).\n(sec.35-ssec.2) Jurisdiction is conferred on QCAT to hear and decide an external review relating to a reviewable decision.\n(sec.35-ssec.3) The Work Health and Safety Act 2011 , part 12 (other than section 223 (1) ) and schedule 2A (as provided under subsection (1) ) apply for this Act as if— a reference in those provisions, other than in applied WHS section 224 , to an internal review were a reference to an internal review as defined under applied WHS section 224 ; and a reference in those provisions to a reviewable decision or eligible person were a reference to a reviewable decision or eligible person under subsection (1) .\n(sec.35-ssec.4) In this section— external review means an external review as defined under applied WHS section 229 .\n- (a) decisions made under this Act that are reviewable under this part ( reviewable decisions ); and\n- (b) who is eligible to apply for review of a reviewable decision (the eligible person ).\n- (a) a reference in those provisions, other than in applied WHS section 224 , to an internal review were a reference to an internal review as defined under applied WHS section 224 ; and\n- (b) a reference in those provisions to a reviewable decision or eligible person were a reference to a reviewable decision or eligible person under subsection (1) .","sortOrder":46},{"sectionNumber":"sec.36","sectionType":"section","heading":"Legal proceedings","content":"### sec.36 Legal proceedings\n\nThe Work Health and Safety Act 2011 , part 13 (other than division 7 ) applies for this Act as if—\na reference in the part to a category 1 or category 2 offence were a reference to a category 1 or category 2 offence against this Act; and\na reference in the part to an offence against part 2A were a reference to an offence against part 2A of this Act; and\nsubject to paragraph (a) , a reference in the part to an offence against or contravention of that Act were a reference to an offence against or contravention of this Act; and\na reference in the part to a work health and safety duty provision were a reference to a provision of part 2 , division 2 ; and\na reference in the part to a court-ordered WHS undertaking were a reference to a court-ordered recreational water activities health and safety undertaking; and\na reference in the part to an improvement notice, prohibition notice or non-disturbance notice were a reference to those notices under an applied WHS provision.\ns 36 amd 2017 No. 38 s 64\n- (a) a reference in the part to a category 1 or category 2 offence were a reference to a category 1 or category 2 offence against this Act; and\n- (aa) a reference in the part to an offence against part 2A were a reference to an offence against part 2A of this Act; and\n- (b) subject to paragraph (a) , a reference in the part to an offence against or contravention of that Act were a reference to an offence against or contravention of this Act; and\n- (c) a reference in the part to a work health and safety duty provision were a reference to a provision of part 2 , division 2 ; and\n- (d) a reference in the part to a court-ordered WHS undertaking were a reference to a court-ordered recreational water activities health and safety undertaking; and\n- (e) a reference in the part to an improvement notice, prohibition notice or non-disturbance notice were a reference to those notices under an applied WHS provision.","sortOrder":47},{"sectionNumber":"sec.37","sectionType":"section","heading":"Civil liability not affected by this Act","content":"### sec.37 Civil liability not affected by this Act\n\nNothing in this Act is to be construed as—\nconferring a right of action in civil proceedings for a contravention of a provision of this Act; or\nconferring a defence to an action in civil proceedings or otherwise affecting a right of action in civil proceedings; or\naffecting the extent (if any) to which a right of action arises, or civil proceedings may be taken, for breaches of duties or obligations imposed under a regulation.\n- (a) conferring a right of action in civil proceedings for a contravention of a provision of this Act; or\n- (b) conferring a defence to an action in civil proceedings or otherwise affecting a right of action in civil proceedings; or\n- (c) affecting the extent (if any) to which a right of action arises, or civil proceedings may be taken, for breaches of duties or obligations imposed under a regulation.","sortOrder":48},{"sectionNumber":"pt.5","sectionType":"part","heading":"General","content":"# General","sortOrder":49},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"General provisions","content":"## General provisions","sortOrder":50},{"sectionNumber":"sec.38","sectionType":"section","heading":"Offence to give false or misleading information","content":"### sec.38 Offence to give false or misleading information\n\nA person must not give information in complying or purportedly complying with this Act that the person knows—\nto be false or misleading in a material particular; or\nomits any matter or thing without which the information is misleading.\nMaximum penalty—100 penalty units.\nA person must not produce a document in complying or purportedly complying with this Act that the person knows to be false or misleading in a material particular without—\nindicating how it is false or misleading and, if practicable, providing correct information; or\naccompanying the document with a written statement signed by the person or, in the case of a body corporate, by a competent officer of the body corporate—\nstating that the document is, to the knowledge of the first-mentioned person, false or misleading in a material particular; and\nsetting out, or referring to, the material particular in which the document is, to the knowledge of the first-mentioned person, false or misleading.\nMaximum penalty—100 penalty units.\nSubsection (2) places an evidential burden on the accused to show that the accused had indicated the extent to which the document was false or misleading or that the accompanying document sufficiently explained the extent to which the document was false or misleading.\n(sec.38-ssec.1) A person must not give information in complying or purportedly complying with this Act that the person knows— to be false or misleading in a material particular; or omits any matter or thing without which the information is misleading. Maximum penalty—100 penalty units.\n(sec.38-ssec.2) A person must not produce a document in complying or purportedly complying with this Act that the person knows to be false or misleading in a material particular without— indicating how it is false or misleading and, if practicable, providing correct information; or accompanying the document with a written statement signed by the person or, in the case of a body corporate, by a competent officer of the body corporate— stating that the document is, to the knowledge of the first-mentioned person, false or misleading in a material particular; and setting out, or referring to, the material particular in which the document is, to the knowledge of the first-mentioned person, false or misleading. Maximum penalty—100 penalty units.\n(sec.38-ssec.3) Subsection (2) places an evidential burden on the accused to show that the accused had indicated the extent to which the document was false or misleading or that the accompanying document sufficiently explained the extent to which the document was false or misleading.\n- (a) to be false or misleading in a material particular; or\n- (b) omits any matter or thing without which the information is misleading.\n- (a) indicating how it is false or misleading and, if practicable, providing correct information; or\n- (b) accompanying the document with a written statement signed by the person or, in the case of a body corporate, by a competent officer of the body corporate— (i) stating that the document is, to the knowledge of the first-mentioned person, false or misleading in a material particular; and (ii) setting out, or referring to, the material particular in which the document is, to the knowledge of the first-mentioned person, false or misleading.\n- (i) stating that the document is, to the knowledge of the first-mentioned person, false or misleading in a material particular; and\n- (ii) setting out, or referring to, the material particular in which the document is, to the knowledge of the first-mentioned person, false or misleading.\n- (i) stating that the document is, to the knowledge of the first-mentioned person, false or misleading in a material particular; and\n- (ii) setting out, or referring to, the material particular in which the document is, to the knowledge of the first-mentioned person, false or misleading.","sortOrder":51},{"sectionNumber":"sec.39","sectionType":"section","heading":"Act does not affect legal professional privilege","content":"### sec.39 Act does not affect legal professional privilege\n\nNothing in this Act requires a person to produce a document that would disclose information, or otherwise provide information, that is the subject of legal professional privilege.","sortOrder":52},{"sectionNumber":"sec.40","sectionType":"section","heading":"Immunity from liability","content":"### sec.40 Immunity from liability\n\nAn inspector, or other person engaged in the administration of this Act, incurs no civil liability for an act or omission done or omitted to be done in good faith and in the execution or purported execution of powers and functions under this Act.\nA civil liability that would, but for subsection (1) , attach to a person, attaches instead to the State.\n(sec.40-ssec.1) An inspector, or other person engaged in the administration of this Act, incurs no civil liability for an act or omission done or omitted to be done in good faith and in the execution or purported execution of powers and functions under this Act.\n(sec.40-ssec.2) A civil liability that would, but for subsection (1) , attach to a person, attaches instead to the State.","sortOrder":53},{"sectionNumber":"sec.41","sectionType":"section","heading":"Confidentiality of information","content":"### sec.41 Confidentiality of information\n\nThis section applies if a person obtains information or gains access to a document in exercising any power or function under this Act.\nThe person must not do any of the following—\ndisclose to anyone else—\nthe information; or\nthe contents of or information contained in the document;\ngive access to the document to anyone else;\nuse the information or document for any purpose.\nMaximum penalty—100 penalty units.\nSubsection (2) does not apply to the disclosure of information, or the giving of access to a document or the use of information or a document—\nabout a person, with the person’s consent; or\nthat is necessary for the exercise of a power or function under this Act; or\nthat is made or given by the regulator or a person authorised by the regulator if the regulator reasonably believes the disclosure, access or use—\nis necessary for administering, or monitoring or enforcing compliance with, this Act; or\nis necessary for the administration or enforcement of another Act or law prescribed under a regulation; or\nis necessary for the administration or enforcement of another Act or law, if the disclosure, access or use is necessary to lessen or prevent a serious risk to public health or safety; or\nis required for the exercise of a power or function under a corresponding law; or\nthat is required by any court, tribunal, authority or person having lawful authority to require the production of documents or the answering of questions; or\nthat is required or authorised under a law; or\nto a Minister.\nA person must not intentionally disclose to another person the name of an individual who has made a complaint in relation to that other person unless—\nthe disclosure is made with the consent of the complainant; or\nthe disclosure is required under a law.\nMaximum penalty—100 penalty units.\ns 41 amd 2024 No. 11 s 11\n(sec.41-ssec.1) This section applies if a person obtains information or gains access to a document in exercising any power or function under this Act.\n(sec.41-ssec.2) The person must not do any of the following— disclose to anyone else— the information; or the contents of or information contained in the document; give access to the document to anyone else; use the information or document for any purpose. Maximum penalty—100 penalty units.\n(sec.41-ssec.3) Subsection (2) does not apply to the disclosure of information, or the giving of access to a document or the use of information or a document— about a person, with the person’s consent; or that is necessary for the exercise of a power or function under this Act; or that is made or given by the regulator or a person authorised by the regulator if the regulator reasonably believes the disclosure, access or use— is necessary for administering, or monitoring or enforcing compliance with, this Act; or is necessary for the administration or enforcement of another Act or law prescribed under a regulation; or is necessary for the administration or enforcement of another Act or law, if the disclosure, access or use is necessary to lessen or prevent a serious risk to public health or safety; or is required for the exercise of a power or function under a corresponding law; or that is required by any court, tribunal, authority or person having lawful authority to require the production of documents or the answering of questions; or that is required or authorised under a law; or to a Minister.\n(sec.41-ssec.4) A person must not intentionally disclose to another person the name of an individual who has made a complaint in relation to that other person unless— the disclosure is made with the consent of the complainant; or the disclosure is required under a law. Maximum penalty—100 penalty units.\n- (a) disclose to anyone else— (i) the information; or (ii) the contents of or information contained in the document;\n- (i) the information; or\n- (ii) the contents of or information contained in the document;\n- (b) give access to the document to anyone else;\n- (c) use the information or document for any purpose.\n- (i) the information; or\n- (ii) the contents of or information contained in the document;\n- (a) about a person, with the person’s consent; or\n- (b) that is necessary for the exercise of a power or function under this Act; or\n- (c) that is made or given by the regulator or a person authorised by the regulator if the regulator reasonably believes the disclosure, access or use— (i) is necessary for administering, or monitoring or enforcing compliance with, this Act; or (ii) is necessary for the administration or enforcement of another Act or law prescribed under a regulation; or (iii) is necessary for the administration or enforcement of another Act or law, if the disclosure, access or use is necessary to lessen or prevent a serious risk to public health or safety; or (iv) is required for the exercise of a power or function under a corresponding law; or\n- (i) is necessary for administering, or monitoring or enforcing compliance with, this Act; or\n- (ii) is necessary for the administration or enforcement of another Act or law prescribed under a regulation; or\n- (iii) is necessary for the administration or enforcement of another Act or law, if the disclosure, access or use is necessary to lessen or prevent a serious risk to public health or safety; or\n- (iv) is required for the exercise of a power or function under a corresponding law; or\n- (d) that is required by any court, tribunal, authority or person having lawful authority to require the production of documents or the answering of questions; or\n- (e) that is required or authorised under a law; or\n- (f) to a Minister.\n- (i) is necessary for administering, or monitoring or enforcing compliance with, this Act; or\n- (ii) is necessary for the administration or enforcement of another Act or law prescribed under a regulation; or\n- (iii) is necessary for the administration or enforcement of another Act or law, if the disclosure, access or use is necessary to lessen or prevent a serious risk to public health or safety; or\n- (iv) is required for the exercise of a power or function under a corresponding law; or\n- (a) the disclosure is made with the consent of the complainant; or\n- (b) the disclosure is required under a law.","sortOrder":54},{"sectionNumber":"sec.42","sectionType":"section","heading":"No contracting out","content":"### sec.42 No contracting out\n\nA term of any agreement or contract that purports to exclude, limit or modify the operation of this Act or any duty owed under this Act or to transfer to another person any duty owed under this Act is void.","sortOrder":55},{"sectionNumber":"sec.42A","sectionType":"section","heading":"Insurance or other indemnity against penalties","content":"### sec.42A Insurance or other indemnity against penalties\n\nA person must not, without reasonable excuse—\nenter into a contract of insurance or other arrangement that purports to insure or indemnify a person for a liability for all or part of a monetary penalty under this Act; or\nprovide a contract of insurance or an indemnity for a liability for all or part of a monetary penalty under this Act; or\ntake the benefit of a contract of insurance or other arrangement, or an indemnity, that purports to insure or indemnify a person for a liability for all or part of a monetary penalty under this Act.\nMaximum penalty—500 penalty units.\nSubsection (1) places an evidential burden on the accused to show a reasonable excuse.\nA term of a contract of insurance or other arrangement, or an indemnity, is void to the extent it purports to insure or indemnify a person for a liability for all or part of a monetary penalty under this Act.\nFor the application of this section, see section 54 .\ns 42A ins 2024 No. 11 s 4\n(sec.42A-ssec.1) A person must not, without reasonable excuse— enter into a contract of insurance or other arrangement that purports to insure or indemnify a person for a liability for all or part of a monetary penalty under this Act; or provide a contract of insurance or an indemnity for a liability for all or part of a monetary penalty under this Act; or take the benefit of a contract of insurance or other arrangement, or an indemnity, that purports to insure or indemnify a person for a liability for all or part of a monetary penalty under this Act. Maximum penalty—500 penalty units.\n(sec.42A-ssec.2) Subsection (1) places an evidential burden on the accused to show a reasonable excuse.\n(sec.42A-ssec.3) A term of a contract of insurance or other arrangement, or an indemnity, is void to the extent it purports to insure or indemnify a person for a liability for all or part of a monetary penalty under this Act. For the application of this section, see section 54 .\n- (a) enter into a contract of insurance or other arrangement that purports to insure or indemnify a person for a liability for all or part of a monetary penalty under this Act; or\n- (b) provide a contract of insurance or an indemnity for a liability for all or part of a monetary penalty under this Act; or\n- (c) take the benefit of a contract of insurance or other arrangement, or an indemnity, that purports to insure or indemnify a person for a liability for all or part of a monetary penalty under this Act.","sortOrder":56},{"sectionNumber":"sec.42B","sectionType":"section","heading":"Officer may be taken to have committed offence against s 42A","content":"### sec.42B Officer may be taken to have committed offence against s 42A\n\nIf a body corporate commits an offence against section 42A , each officer of the body corporate is taken to have also committed the offence if—\nthe officer authorised or permitted the body corporate’s conduct constituting the offence; or\nthe officer was, directly or indirectly, knowingly concerned in the body corporate’s conduct constituting the offence.\nThe officer of the body corporate may be proceeded against for, and convicted of, the offence against section 42A whether or not the body corporate has been proceeded against for, or convicted of, the offence.\nThis section does not affect either of the following—\nthe liability of the body corporate for the offence against section 42A ;\nthe liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an officer of the body corporate, for the offence against section 42A .\ns 42B ins 2024 No. 11 s 4\n(sec.42B-ssec.1) If a body corporate commits an offence against section 42A , each officer of the body corporate is taken to have also committed the offence if— the officer authorised or permitted the body corporate’s conduct constituting the offence; or the officer was, directly or indirectly, knowingly concerned in the body corporate’s conduct constituting the offence.\n(sec.42B-ssec.2) The officer of the body corporate may be proceeded against for, and convicted of, the offence against section 42A whether or not the body corporate has been proceeded against for, or convicted of, the offence.\n(sec.42B-ssec.3) This section does not affect either of the following— the liability of the body corporate for the offence against section 42A ; the liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an officer of the body corporate, for the offence against section 42A .\n- (a) the officer authorised or permitted the body corporate’s conduct constituting the offence; or\n- (b) the officer was, directly or indirectly, knowingly concerned in the body corporate’s conduct constituting the offence.\n- (a) the liability of the body corporate for the offence against section 42A ;\n- (b) the liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an officer of the body corporate, for the offence against section 42A .","sortOrder":57},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Codes of practice","content":"## Codes of practice","sortOrder":58},{"sectionNumber":"sec.43","sectionType":"section","heading":"Approved codes of practice","content":"### sec.43 Approved codes of practice\n\nThe Minister may approve a code of practice for the purposes of this Act and may vary or revoke an approved code of practice.\nA code of practice, or an instrument varying or revoking a code of practice, has no effect unless the Minister gives notice of its making.\nA notice under subsection (2) is subordinate legislation.\nA code of practice, or an instrument varying or revoking a code of practice, commences on the later of the following—\nthe day the notice under subsection (2) commences;\nthe day the code or instrument provides that it commences.\nA code of practice expires 10 years after its commencement.\nAs soon as practicable after approving a code of practice, or varying or revoking an approved code of practice, the Minister must ensure that notice of the approval, variation or revocation is published in a newspaper circulating generally throughout the State.\nThe Minister must ensure that a copy of each code of practice as in force from time to time and any document applied, adopted or incorporated by the code of practice is made available for inspection, without charge, during normal business hours at each department office dealing with work health and safety.\nA code of practice may be made available in written or electronic form.\n(sec.43-ssec.1) The Minister may approve a code of practice for the purposes of this Act and may vary or revoke an approved code of practice.\n(sec.43-ssec.2) A code of practice, or an instrument varying or revoking a code of practice, has no effect unless the Minister gives notice of its making.\n(sec.43-ssec.3) A notice under subsection (2) is subordinate legislation.\n(sec.43-ssec.4) A code of practice, or an instrument varying or revoking a code of practice, commences on the later of the following— the day the notice under subsection (2) commences; the day the code or instrument provides that it commences.\n(sec.43-ssec.5) A code of practice expires 10 years after its commencement.\n(sec.43-ssec.6) As soon as practicable after approving a code of practice, or varying or revoking an approved code of practice, the Minister must ensure that notice of the approval, variation or revocation is published in a newspaper circulating generally throughout the State.\n(sec.43-ssec.7) The Minister must ensure that a copy of each code of practice as in force from time to time and any document applied, adopted or incorporated by the code of practice is made available for inspection, without charge, during normal business hours at each department office dealing with work health and safety.\n(sec.43-ssec.8) A code of practice may be made available in written or electronic form.\n- (a) the day the notice under subsection (2) commences;\n- (b) the day the code or instrument provides that it commences.","sortOrder":59},{"sectionNumber":"sec.44","sectionType":"section","heading":"Use of codes of practice in proceedings","content":"### sec.44 Use of codes of practice in proceedings\n\nThis section applies in a proceeding for an offence against this Act.\nAn approved code of practice is admissible in the proceeding as evidence of whether or not a duty or obligation under this Act has been complied with.\nThe court may—\nhave regard to the code as evidence of what is known about a hazard or risk, risk assessment or risk control to which the code relates; and\nrely on the code in determining what is reasonably practicable in the circumstances to which the code relates.\nSee section 15 for the meaning of reasonably practicable .\nNothing in this section prevents a person from introducing evidence of compliance with this Act in a way that is different from the code but provides a standard of recreational water activities health and safety that is equivalent to or higher than the standard required in the code.\n(sec.44-ssec.1) This section applies in a proceeding for an offence against this Act.\n(sec.44-ssec.2) An approved code of practice is admissible in the proceeding as evidence of whether or not a duty or obligation under this Act has been complied with.\n(sec.44-ssec.3) The court may— have regard to the code as evidence of what is known about a hazard or risk, risk assessment or risk control to which the code relates; and rely on the code in determining what is reasonably practicable in the circumstances to which the code relates. See section 15 for the meaning of reasonably practicable .\n(sec.44-ssec.4) Nothing in this section prevents a person from introducing evidence of compliance with this Act in a way that is different from the code but provides a standard of recreational water activities health and safety that is equivalent to or higher than the standard required in the code.\n- (a) have regard to the code as evidence of what is known about a hazard or risk, risk assessment or risk control to which the code relates; and\n- (b) rely on the code in determining what is reasonably practicable in the circumstances to which the code relates. Note— See section 15 for the meaning of reasonably practicable .","sortOrder":60},{"sectionNumber":"pt.5-div.3","sectionType":"division","heading":"Regulation-making powers","content":"## Regulation-making powers","sortOrder":61},{"sectionNumber":"sec.45","sectionType":"section","heading":"Regulation-making powers","content":"### sec.45 Regulation-making powers\n\nThe Governor in Council may make regulations under this Act.\nWithout limiting subsection (1) , a regulation may make provision for any matter stated in schedule 1 or otherwise related to safety in recreational water activities.\nA regulation may—\nprescribe fees for doing any act or providing any service for the purposes of this Act; or\nprescribe a penalty for any contravention of the regulations not exceeding 300 penalty units.\nSubsection (1) applies as provided under, and subsections (2) and (3) do not limit, the Statutory Instruments Act 1992 .\nFor the Statutory Instruments Act 1992 , to remove doubt it is declared that —\na reference in sections 24 and 25 of that Act to exceptions includes exemptions, and exceptions or exemptions provided on terms or conditions (if any) prescribed; and\na reference in 30B(1)(b) of that Act to waiving payment of a fee includes reducing or refunding the fee.\n(sec.45-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.45-ssec.2) Without limiting subsection (1) , a regulation may make provision for any matter stated in schedule 1 or otherwise related to safety in recreational water activities.\n(sec.45-ssec.3) A regulation may— prescribe fees for doing any act or providing any service for the purposes of this Act; or prescribe a penalty for any contravention of the regulations not exceeding 300 penalty units.\n(sec.45-ssec.4) Subsection (1) applies as provided under, and subsections (2) and (3) do not limit, the Statutory Instruments Act 1992 .\n(sec.45-ssec.5) For the Statutory Instruments Act 1992 , to remove doubt it is declared that — a reference in sections 24 and 25 of that Act to exceptions includes exemptions, and exceptions or exemptions provided on terms or conditions (if any) prescribed; and a reference in 30B(1)(b) of that Act to waiving payment of a fee includes reducing or refunding the fee.\n- (a) prescribe fees for doing any act or providing any service for the purposes of this Act; or\n- (b) prescribe a penalty for any contravention of the regulations not exceeding 300 penalty units.\n- (a) a reference in sections 24 and 25 of that Act to exceptions includes exemptions, and exceptions or exemptions provided on terms or conditions (if any) prescribed; and\n- (b) a reference in 30B(1)(b) of that Act to waiving payment of a fee includes reducing or refunding the fee.","sortOrder":62},{"sectionNumber":"pt.6","sectionType":"part","heading":"Transitional provisions for Act No. 19 of 2011","content":"# Transitional provisions for Act No. 19 of 2011","sortOrder":63},{"sectionNumber":"sec.46","sectionType":"section","heading":"Definition","content":"### sec.46 Definition\n\nIn this part—\nrepealed Act means the repealed Workplace Health and Safety Act 1995 .","sortOrder":64},{"sectionNumber":"sec.47","sectionType":"section","heading":"Relationship with particular provisions of Work Health and Safety Act 2011","content":"### sec.47 Relationship with particular provisions of Work Health and Safety Act 2011\n\nThe Work Health and Safety Act 2011 , section 281(3) and (4) does not prevent proceedings being commenced under this Act against the person to whom that section applies solely for any acts or omissions involved in the activity that happen after the repeal.","sortOrder":65},{"sectionNumber":"sec.48","sectionType":"section","heading":"Enforceable undertaking preserved","content":"### sec.48 Enforceable undertaking preserved\n\nSubsection (2) applies to a workplace health and safety undertaking—\nmade under part 5 of the repealed Act; and\nmade for an alleged contravention of the repealed Act relating to recreational water activities health and safety; and\nin force immediately before the repeal of the part.\nPart 5 of the repealed Act and any other provision of the repealed Act relevant to the operation of part 5 of the repealed Act continue to apply in relation to the undertaking as if they had not been repealed.\nHowever, for subsection (2), sections 42F, 42H and 42I of the repealed Act, as they existed before the repeal of part 5 of the repealed Act, apply as if a reference to the chief executive were a reference to the regulator.\nAlso, the undertaking continues in force with necessary changes, in relation to an act or omission of the identified person happening after the repeal of part 5 of the repealed Act, as if it were an undertaking accepted by the regulator under applied WHS section 216(1) to the extent to which the future behaviour assurance is material to compliance with this Act.\nSubsection (4) does not apply to an act or omission that constitutes a category 1 offence.\nSubsections (7) and (8) apply if, immediately before the repeal of the repealed Act—\nthe chief executive has received an undertaking under section 42DA of the repealed Act; and\nthe undertaking is for an alleged contravention of the repealed Act relating to recreational water activities health and safety; and\nthe chief executive has not made a decision whether to accept the undertaking under section 42E of the repealed Act.\nThe chief executive must decide whether or not to accept the undertaking.\nIf the chief executive accepts the undertaking, subsections (2) to (5), (9) and (12) apply to the undertaking.\nFor subsection (4), a reference—\nin the undertaking to the alleged contravention; or\nin the future behaviour assurance to a contravention of the repealed Act;\nis taken to include a reference to an alleged contravention or contravention of this Act that corresponds to those contraventions.\nParagraph (a) is relevant to the continued operation of section 42F as it existed before the amendment. Paragraph (b) is relevant if future behaviour is expressed in terms of contraventions of particular sections of the repealed Act.\nDespite subsections (1) to (9), the regulator may accept a recreational water activity health and safety undertaking under applied WHS part 11 for an alleged contravention of the repealed Act relating to recreational water activities health and safety.\nFor subsection (10), a reference in applied WHS part 11 to this Act is taken to include a reference to the repealed Act.\nIn this section—\nalleged contravention of the repealed Act relating to recreational water activities health and safety means an alleged contravention constituted by an act or omission that, if it happened after the commencement of this Act, would be a contravention of this Act.\nfuture behaviour assurance is the assurance about future behaviour from the identified person included in the workplace health and safety undertaking.\nidentified person means the identified person for the undertaking.\n(sec.48-ssec.1) Subsection (2) applies to a workplace health and safety undertaking— made under part 5 of the repealed Act; and made for an alleged contravention of the repealed Act relating to recreational water activities health and safety; and in force immediately before the repeal of the part.\n(sec.48-ssec.2) Part 5 of the repealed Act and any other provision of the repealed Act relevant to the operation of part 5 of the repealed Act continue to apply in relation to the undertaking as if they had not been repealed.\n(sec.48-ssec.3) However, for subsection (2), sections 42F, 42H and 42I of the repealed Act, as they existed before the repeal of part 5 of the repealed Act, apply as if a reference to the chief executive were a reference to the regulator.\n(sec.48-ssec.4) Also, the undertaking continues in force with necessary changes, in relation to an act or omission of the identified person happening after the repeal of part 5 of the repealed Act, as if it were an undertaking accepted by the regulator under applied WHS section 216(1) to the extent to which the future behaviour assurance is material to compliance with this Act.\n(sec.48-ssec.5) Subsection (4) does not apply to an act or omission that constitutes a category 1 offence.\n(sec.48-ssec.6) Subsections (7) and (8) apply if, immediately before the repeal of the repealed Act— the chief executive has received an undertaking under section 42DA of the repealed Act; and the undertaking is for an alleged contravention of the repealed Act relating to recreational water activities health and safety; and the chief executive has not made a decision whether to accept the undertaking under section 42E of the repealed Act.\n(sec.48-ssec.7) The chief executive must decide whether or not to accept the undertaking.\n(sec.48-ssec.8) If the chief executive accepts the undertaking, subsections (2) to (5), (9) and (12) apply to the undertaking.\n(sec.48-ssec.9) For subsection (4), a reference— in the undertaking to the alleged contravention; or in the future behaviour assurance to a contravention of the repealed Act; is taken to include a reference to an alleged contravention or contravention of this Act that corresponds to those contraventions. Paragraph (a) is relevant to the continued operation of section 42F as it existed before the amendment. Paragraph (b) is relevant if future behaviour is expressed in terms of contraventions of particular sections of the repealed Act.\n(sec.48-ssec.10) Despite subsections (1) to (9), the regulator may accept a recreational water activity health and safety undertaking under applied WHS part 11 for an alleged contravention of the repealed Act relating to recreational water activities health and safety.\n(sec.48-ssec.11) For subsection (10), a reference in applied WHS part 11 to this Act is taken to include a reference to the repealed Act.\n(sec.48-ssec.12) In this section— alleged contravention of the repealed Act relating to recreational water activities health and safety means an alleged contravention constituted by an act or omission that, if it happened after the commencement of this Act, would be a contravention of this Act. future behaviour assurance is the assurance about future behaviour from the identified person included in the workplace health and safety undertaking. identified person means the identified person for the undertaking.\n- (a) made under part 5 of the repealed Act; and\n- (b) made for an alleged contravention of the repealed Act relating to recreational water activities health and safety; and\n- (c) in force immediately before the repeal of the part.\n- (a) the chief executive has received an undertaking under section 42DA of the repealed Act; and\n- (b) the undertaking is for an alleged contravention of the repealed Act relating to recreational water activities health and safety; and\n- (c) the chief executive has not made a decision whether to accept the undertaking under section 42E of the repealed Act.\n- (a) in the undertaking to the alleged contravention; or\n- (b) in the future behaviour assurance to a contravention of the repealed Act;","sortOrder":66},{"sectionNumber":"sec.49","sectionType":"section","heading":"Action by an inspector preserved","content":"### sec.49 Action by an inspector preserved\n\nA relevant power exercised by an inspector under the repealed Act before the repeal—\nif the context permits, continues to have effect for the purposes of this Act; and\nif the context permits, is taken to have been exercised under a corresponding provision of this Act.\nIn this section—\ncorresponding provision means a provision of this Act, including an applied WHS provision, that corresponds to a provision of the repealed Act under which the power mentioned in subsection (1) was exercised.\nrelevant power means a power exercised in particular circumstances under the repealed Act that could be exercised under this Act in the same circumstances.\n(sec.49-ssec.1) A relevant power exercised by an inspector under the repealed Act before the repeal— if the context permits, continues to have effect for the purposes of this Act; and if the context permits, is taken to have been exercised under a corresponding provision of this Act.\n(sec.49-ssec.2) In this section— corresponding provision means a provision of this Act, including an applied WHS provision, that corresponds to a provision of the repealed Act under which the power mentioned in subsection (1) was exercised. relevant power means a power exercised in particular circumstances under the repealed Act that could be exercised under this Act in the same circumstances.\n- (a) if the context permits, continues to have effect for the purposes of this Act; and\n- (b) if the context permits, is taken to have been exercised under a corresponding provision of this Act.","sortOrder":67},{"sectionNumber":"sec.50","sectionType":"section","heading":"Improvement notice preserved","content":"### sec.50 Improvement notice preserved\n\nThis section applies to an existing improvement notice if the improvement notice is for a contravention or likely contravention of the repealed Act relating to recreational water activities health and safety.\nThe notice continues to be enforceable against the person to whom it was given for a contravention of the repealed Act, section 117(4) that happened before the repeal as if the repealed Act had not been repealed.\nAlso, the improvement notice continues in force and may be enforced as if it were a improvement notice given to the person under applied WHS section 117 for a contravention or likely contravention of this Act that corresponds to the old contravention.\nIn this section—\ncontravention or likely contravention of the repealed Act relating to recreational water activities health and safety means a contravention or likely contravention of the repealed Act constituted by an act or omission that, if it happened after the commencement of this Act, would be a contravention of this Act.\nexisting improvement notice means an improvement notice—\ngiven by an inspector under the repealed Act, section 117 for a contravention or likely contravention of the repealed Act (the old contravention ); and\nin force immediately before the repeal of the repealed Act.\n(sec.50-ssec.1) This section applies to an existing improvement notice if the improvement notice is for a contravention or likely contravention of the repealed Act relating to recreational water activities health and safety.\n(sec.50-ssec.2) The notice continues to be enforceable against the person to whom it was given for a contravention of the repealed Act, section 117(4) that happened before the repeal as if the repealed Act had not been repealed.\n(sec.50-ssec.3) Also, the improvement notice continues in force and may be enforced as if it were a improvement notice given to the person under applied WHS section 117 for a contravention or likely contravention of this Act that corresponds to the old contravention.\n(sec.50-ssec.4) In this section— contravention or likely contravention of the repealed Act relating to recreational water activities health and safety means a contravention or likely contravention of the repealed Act constituted by an act or omission that, if it happened after the commencement of this Act, would be a contravention of this Act. existing improvement notice means an improvement notice— given by an inspector under the repealed Act, section 117 for a contravention or likely contravention of the repealed Act (the old contravention ); and in force immediately before the repeal of the repealed Act.\n- (a) given by an inspector under the repealed Act, section 117 for a contravention or likely contravention of the repealed Act (the old contravention ); and\n- (b) in force immediately before the repeal of the repealed Act.","sortOrder":68},{"sectionNumber":"sec.51","sectionType":"section","heading":"Prohibition notice preserved","content":"### sec.51 Prohibition notice preserved\n\nThis section applies to an existing direction or prohibition notice relating to recreational water activities health and safety.\nThe direction or prohibition notice continues in force and may be enforced under the repealed Act, section 118(4), as if the repealed Act had not been repealed.\nIn this section—\nexisting direction or prohibition notice relating to recreational water activities health and safety means a direction or prohibition notice—\nthat was given by an inspector under the repealed Act, section 118 as in force immediately before the repeal; and\nthat could be given by an inspector under applied WHS part 10, division 2 after the commencement of the subdivision.\n(sec.51-ssec.1) This section applies to an existing direction or prohibition notice relating to recreational water activities health and safety.\n(sec.51-ssec.2) The direction or prohibition notice continues in force and may be enforced under the repealed Act, section 118(4), as if the repealed Act had not been repealed.\n(sec.51-ssec.3) In this section— existing direction or prohibition notice relating to recreational water activities health and safety means a direction or prohibition notice— that was given by an inspector under the repealed Act, section 118 as in force immediately before the repeal; and that could be given by an inspector under applied WHS part 10, division 2 after the commencement of the subdivision.\n- (a) that was given by an inspector under the repealed Act, section 118 as in force immediately before the repeal; and\n- (b) that could be given by an inspector under applied WHS part 10, division 2 after the commencement of the subdivision.","sortOrder":69},{"sectionNumber":"sec.52","sectionType":"section","heading":"Reviews and appeals","content":"### sec.52 Reviews and appeals\n\nThe repealed Act, part 11 continues to apply to a relevant decision made under the repealed Act as if the repealed Act had not been repealed.\nAnother provision of this part that would have applied to a matter if the final decision on a review or appeal under the repealed Act, part 11 had been made before the repeal of the repealed Act applies to the matter as if the final decision had been made before the repeal.\nIn this section—\nrelevant decision means a decision made under the repealed Act of a type that, after the commencement of this Act, could be made under this Act in relation to recreational water activities.\n(sec.52-ssec.1) The repealed Act, part 11 continues to apply to a relevant decision made under the repealed Act as if the repealed Act had not been repealed.\n(sec.52-ssec.2) Another provision of this part that would have applied to a matter if the final decision on a review or appeal under the repealed Act, part 11 had been made before the repeal of the repealed Act applies to the matter as if the final decision had been made before the repeal.\n(sec.52-ssec.3) In this section— relevant decision means a decision made under the repealed Act of a type that, after the commencement of this Act, could be made under this Act in relation to recreational water activities.","sortOrder":70},{"sectionNumber":"sec.53","sectionType":"section","heading":"Relationship with transitional provisions under the Work Health and Safety Act 2011","content":"### sec.53 Relationship with transitional provisions under the Work Health and Safety Act 2011\n\nThis section applies if—\nthis part makes provision for the transition of a particular matter from the repealed Act to that Act as if it, or a provision of it, had not been repealed or to the operation of this Act; and\na provision in the Work Health and Safety Act 2011 , part 17 makes provision for the transition of the same matter from the repealed Act to that Act as if it, or a provision of it, had not been repealed or to the operation of the Work Health and Safety Act 2011 .\nDespite section 4, the provision of this part applies to the matter and not the provision of the Work Health and Safety Act 2011 , part 17.\nSubject to subsection (2), this part does not limit the Work Health and Safety Act 2011 , part 17 in relation to the operation of the repealed Act relating to recreational water activities health and safety.\n(sec.53-ssec.1) This section applies if— this part makes provision for the transition of a particular matter from the repealed Act to that Act as if it, or a provision of it, had not been repealed or to the operation of this Act; and a provision in the Work Health and Safety Act 2011 , part 17 makes provision for the transition of the same matter from the repealed Act to that Act as if it, or a provision of it, had not been repealed or to the operation of the Work Health and Safety Act 2011 .\n(sec.53-ssec.2) Despite section 4, the provision of this part applies to the matter and not the provision of the Work Health and Safety Act 2011 , part 17.\n(sec.53-ssec.3) Subject to subsection (2), this part does not limit the Work Health and Safety Act 2011 , part 17 in relation to the operation of the repealed Act relating to recreational water activities health and safety.\n- (a) this part makes provision for the transition of a particular matter from the repealed Act to that Act as if it, or a provision of it, had not been repealed or to the operation of this Act; and\n- (b) a provision in the Work Health and Safety Act 2011 , part 17 makes provision for the transition of the same matter from the repealed Act to that Act as if it, or a provision of it, had not been repealed or to the operation of the Work Health and Safety Act 2011 .","sortOrder":71},{"sectionNumber":"pt.7","sectionType":"part","heading":"Transitional provision for Work Health and Safety and Other Legislation Amendment Act 2024","content":"# Transitional provision for Work Health and Safety and Other Legislation Amendment Act 2024","sortOrder":72},{"sectionNumber":"sec.54","sectionType":"section","heading":"Application of s 42A","content":"### sec.54 Application of s 42A\n\nSection 42A(1)(a) and (b) applies in relation to a contract of insurance or other arrangement entered into, or an indemnity provided, on or after the day that is 6 months after the commencement.\nSection 42A(1)(c) applies to a person on or after the day that is 18 months after the commencement.\nSection 42A(3) applies in relation to a contract of insurance or other arrangement entered into, or an indemnity provided, on or after the commencement.\ns 54 ins 2024 No. 11 s 6\n(sec.54-ssec.1) Section 42A(1)(a) and (b) applies in relation to a contract of insurance or other arrangement entered into, or an indemnity provided, on or after the day that is 6 months after the commencement.\n(sec.54-ssec.2) Section 42A(1)(c) applies to a person on or after the day that is 18 months after the commencement.\n(sec.54-ssec.3) Section 42A(3) applies in relation to a contract of insurance or other arrangement entered into, or an indemnity provided, on or after the commencement.","sortOrder":73}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"This Act narrows and specialises the regulatory scope to recreational water activities provided by persons conducting businesses or undertakings (sec.7–8) and overlays those activities with tailored duties, offences and enforcement mechanisms (sec.16, sec.21–25, pt.2A). It operates alongside the Work Health and Safety Act 2011 and explicitly imports many of that Act's provisions while allowing higher or additional standards for recreational water activities (sec.4, sec.31–36). The result is a sector‑specific regime that supplements, and where consistent with it defers to, the broader WHS framework (sec.4(2)–(4))."},"complexity_factors":["Cross‑application and extensive referencing of the Work Health and Safety Act 2011 (multiple applied WHS provisions) (sec.4, sec.31–36) increases legal interdependence and interpretive complexity.","Multiple duty-holders and overlapping duties (person conducting a business or undertaking, officers, senior officers, workers, other persons present) with differing standards and liabilities (sec.16–19, sec.17, pt.2A).","Three-tier offence structure plus industrial manslaughter provisions with very different penalties and mens rea requirements (sec.21–23, pt.2A sec.25C–25D).","Detailed procedural requirements for incident notification, site preservation and record-keeping with strict timing and form obligations (sec.26–30).","Significant delegated discretion to the regulator and inspectors, including adoption of WHS enforcement tools, codes of practice and enforceable undertakings (sec.32–34, sec.43–44).","Restrictions on insurance/indemnity for monetary penalties and associated liability rules for officers increase corporate governance complexity (sec.42A–42B, sec.54).","Transitional provisions preserving prior notices, undertakings and inspector actions from the repealed Act add administrative and legal continuity complexity (pt.6, sec.48–51)."],"plain_english_summary":"What this law does (mechanics)\n\n- Establishes a specialised workplace-safety regime that applies where recreational water activities are provided by a business or undertaking (sec.3, sec.7–8). It sets a primary duty on the person conducting the business or undertaking to ensure, so far as is reasonably practicable, that the health and safety of people to whom the activities are provided are not put at risk by those activities (sec.16).\n\n- Adopts and applies many provisions of the Work Health and Safety Act 2011 (WHS Act) to the recreational-water context. Where both Acts apply, the WHS Act prevails to the extent of any inconsistency, but this Act may impose additional or higher duties for recreational water activities (sec.4, sec.31–33).\n\n- Prescribes duties for a range of actors: the primary duty holder (person conducting a business or undertaking), officers of that person (due diligence duties) (sec.17), workers (behaviour and compliance with reasonable instructions) (sec.18), and other persons present at a site (reasonable care and compliance with instructions) (sec.19).\n\n- Requires risk management in line with the concept of what is \"reasonably practicable\": eliminate risks so far as reasonably practicable, or otherwise minimise risks (sec.14–15). The law lists specific control measures the duty holder must, without limitation, provide (safe plant/structures, safe use/handling/storage, information/training/supervision, monitoring) (sec.16(2)).\n\n- Creates a three-tier offence structure for breaches of health-and-safety duties (category 1–3) with escalating maximum penalties and criminalisation of the most serious conduct (sec.21–23). It also contains industrial-manslaughter offences that attract very large penalties and imprisonment for senior officers and organisations where a worker dies and the relevant conduct negligently caused the death (pt.2A, sec.25C–25D).\n\n- Imposes incident-notification and site-preservation obligations: immediate notification of deaths, serious injuries/illnesses or dangerous incidents to the regulator, and a duty to preserve the incident site until an inspector arrives (sec.26–30). There are record-keeping requirements for notifiable incidents (sec.29).\n\n- Establishes enforcement and review arrangements largely by applying the regulator, inspector and enforcement provisions of the WHS Act to this Act (sec.31–36). It allows the Minister to approve codes of practice and for regulations to be made (sec.43–45). The regulator and inspectors named in the WHS Act have equivalent powers here (sec.32–33).\n\n- Restricts insurance/indemnity that would cover monetary penalties under this Act (sec.42A–42B) and preserves transitional arrangements and ongoing effect of certain actions and notices from the repealed Workplace Health and Safety Act 1995 (pt.6, sec.48–51). Application timing for the insurance restriction is adjusted by transitional rules (sec.54).\n\nWhy it matters (official purpose and practical implications)\n\n- The Act’s stated object is to protect the health and safety of people who are provided recreational water activities and to promote information, training, compliance and continuous improvement in standards (sec.3). That is the policy claim the Act advances; the legal mechanics implement that claim by imposing duties, duties on officers, criminal penalties and enforcement tools (sec.3, sec.16, sec.17, sec.21–25).\n\nHow the rules allocate costs, decision rights and compliance burdens (source-grounded points)\n\n- Who pays/directly bears compliance costs: persons conducting businesses or undertakings that provide recreational water activities must implement risk controls, monitoring, training and record-keeping (sec.16, sec.29). They are exposed to fines or criminal liability for breach (sec.21–23, pt.2A).\n\n- Who else may pay or face liability: officers of such persons have an explicit due-diligence duty and can be prosecuted if they fail to exercise it (sec.17). Senior officers and organisations face industrial-manslaughter exposure where worker deaths are negligently caused by the organisation’s conduct (sec.25C–25D). Volunteers and unincorporated associations are treated differently in limited ways (sec.25, sec.25B).\n\n- Who decides and exercises discretion: the regulator (as defined under the WHS Act) administers and enforces the Act and can accept enforceable undertakings, require notices and publish codes of practice (sec.32–34, sec.43). Inspectors exercise compliance powers adopted from the WHS Act and may direct on-site preservation, issue improvement/prohibition notices and commence enforcement action (sec.30, sec.33, sec.36).\n\n- Compliance burdens and administrative tasks for duty holders include: assessing and controlling hazards to the standard of \"reasonably practicable\" (sec.14–15), providing and documenting training/instruction/supervision (sec.16(2)(c)), immediate incident notification by fastest means and record-keeping for five years (sec.29), and preserving incident sites until inspectors arrive (sec.29–30).\n\n- Enforcement and remedies: the Act imports WHS enforcement tools (inspectors’ powers, notices, enforceable undertakings, court-ordered undertakings and review rights) and attaches explicit maximum penalties and imprisonment for serious offences (sec.31–36, sec.21–23, pt.2A).\n\nTrade-offs, incentives and implementation risks (mechanisms, not judgments)\n\n- Increased regulatory specificity and penalties create a direct legal incentive for businesses to invest in risk control, training and monitoring tied to recreational water activities (sec.16–17, sec.21–23). That shifts operational costs onto the duty holders (sec.16). The Act allows codes of practice to be approved and relied on as persuasive evidence of what is known and what is reasonably practicable (sec.43–44), which creates an incentive to follow such codes to demonstrate compliance.\n\n- The Act overlays and cross‑references the WHS Act (sec.4, sec.31–33). This produces coordination but also requires businesses to navigate two linked statutory regimes: where both Acts apply, the WHS Act prevails on inconsistency (sec.4(3)), and some WHS provisions are applied directly to this Act (sec.31–36). That intergovernmental linkage increases legal complexity for duty holders and advisers (sec.4, sec.31).\n\n- Liability is not confined to organisations. Officers and senior officers carry specific duties and personal exposure (sec.17, sec.25A, sec.25C–25D). The Act also places evidential burdens in some places (sec.38, sec.42A(2)). Those allocations change decision incentives at management levels.\n\n- The Act limits the ability to insure monetary penalties (sec.42A–42B), which affects how businesses and their officers can manage financial risk. Transitional timing rules set delayed application points for parts of that prohibition (sec.54).\n\n- Implementation risks and administrative costs include: ensuring timely notifications and site preservation (sec.29–30), determining when WHS or this Act governs (sec.4), responding to inspector directions, and potentially defending proceedings when duties are breached (sec.21–23, sec.36). Where codes or regulations are introduced, businesses must update policies and training (sec.43–45).\n\nConcentrated benefits and diffuse costs (mechanism-based observation)\n\n- The legal protections and enforcement tools primarily benefit persons who are provided recreational water activities (the consumers/participants) by increasing the legal obligations on service providers (sec.3, sec.16). The costs of meeting those obligations are borne by the providers and, indirectly, by their officers and possibly customers through higher prices or altered service offerings (sec.16, sec.17, sec.21–23).\n\nLimitations in legal effect stated in the Act\n\n- Compliance with this Act is not by itself a defence to offences under the WHS Act (sec.5).\n- The Act does not create a private civil cause of action nor does it necessarily change existing civil liability rules (sec.37).\n\nKey sections to consult for implementation or compliance work\n\n- Duty and risk management: sec.14–16, sec.15 (reasonably practicable).\n- Officer and senior officer duties and industrial manslaughter: sec.17, pt.2A (sec.25A–25D).\n- Incident notification and site preservation: sec.26–30.\n- Enforcement and applied WHS provisions (inspectors, regulator, notices, reviews): sec.31–36.\n- Codes, regulations and insurance/indemnity restrictions: sec.43–45, sec.42A–42B, sec.54.\n\nSources of attribution: the Act states its object and the enforcement and duty mechanisms (sec.3, sec.16, sec.21–25, sec.31–36). The summary above reports the legal mechanics in those sections and identifies who pays, who decides, compliance tasks, penalties and the intersection with the WHS Act (sec.4)."},"kimi_summary":{"_metrics":{"completionTokens":625},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose: safety in commercial recreational water activities. The 2017 and 2024 amendments added industrial manslaughter and insurance prohibition provisions, but these represent standard evolution of workplace safety law rather than scope creep. The Act maintains its narrow focus on customer safety in water-based recreation, with the WHS Act handling worker safety."},"complexity_factors":["Extensive cross-referencing to the Work Health and Safety Act 2011 — entire enforcement framework is 'applied' rather than standalone","Multiple defined terms with nested definitions (e.g., 'senior officer', 'executive officer', 'person conducting a business or undertaking')","Three-tier offence structure with escalating penalties and multiple penalty unit calculations depending on offender type","Conditional application rules determining when this Act applies versus when WHS Act applies (section 4)","Transitional provisions spanning multiple repealed Acts with complex preservation of existing notices and undertakings","Nested exceptions and carve-outs (volunteers, unincorporated associations, insurance prohibitions with staged commencement)","Industrial manslaughter provisions with separate corporate attribution rules"],"plain_english_summary":"This Queensland law creates a dedicated safety regime for **commercial recreational water activities** — things like scuba diving, snorkelling, and other water-based recreation provided by businesses. It operates alongside the Work Health and Safety Act 2011 but adds extra protections specifically for customers (not workers).\n\n**Who it covers:**\n- **Businesses** that provide recreational water activities (e.g., dive operators, snorkelling tour companies)\n- **Officers** of those businesses (directors, senior managers)\n- **Workers** employed by these businesses\n- **Customers** participating in the activities, plus bystanders\n\n**What it requires:**\n- Businesses must ensure customer health and safety \"so far as is reasonably practicable\" — meaning they must eliminate risks if possible, or minimise them if not\n- Officers must exercise \"due diligence\" — actively staying informed about risks and ensuring the business complies\n- Workers and customers must take reasonable care for their own safety and follow reasonable instructions\n\n**Key features:**\n- **Three tiers of offences:** Category 1 (reckless/negligent conduct risking death), Category 2 (failure to comply exposing someone to risk), Category 3 (simple failure to comply)\n- **Industrial manslaughter:** Up to 20 years imprisonment for individuals or 100,000 penalty units for corporations if negligence causes a worker's death\n- **Incident notification:** Businesses must immediately report deaths, serious injuries, or dangerous incidents to the regulator\n- **Applied provisions:** Most enforcement powers, inspector roles, and review processes are \"borrowed\" from the Work Health and Safety Act rather than duplicated\n\n**Important limitation:** The Act only applies where a business is **providing** the activity under its management and control. Simply selling equipment (like a snorkel mask) doesn't count."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act's scope expanded beyond its original 2011 form in at least two notable ways. First, Part 2A (industrial manslaughter) was inserted by amendment in 2017, significantly expanding criminal liability to cover worker deaths — a serious criminal law addition not present at commencement. Second, s.42A (prohibiting insurance against penalties) was inserted by a 2024 amendment, adding a new compliance and enforcement dimension. The core focus on recreational water activity businesses remained consistent, but the addition of industrial manslaughter provisions in particular represents a substantive broadening of the Act's criminal law reach."},"complexity_factors":["Heavy reliance on 'applied provisions' — large portions of the enforcement, review, and legal proceedings framework are borrowed from the Work Health and Safety Act 2011, requiring readers to cross-reference that separate Act to understand how this Act actually operates in practice","Complex hierarchical duty structure covering multiple classes of duty holders (businesses, officers, workers, bystanders, volunteers, unincorporated associations) with different obligations and penalty levels for each","Three-tiered offence and penalty framework (Category 1, 2, 3) with different penalty scales depending on whether the offender is an individual, a business operator, an officer, or a body corporate","Addition of industrial manslaughter provisions (Part 2A) creates a separate, parallel criminal liability regime with its own definitions and exceptions","Dual-regime interaction: the Act must be read in conjunction with the Work Health and Safety Act 2011, and navigating which law prevails in any given situation requires careful analysis of ss.4-5","Multiple transitional provisions referring to a repealed Act (Workplace Health and Safety Act 1995), adding historical complexity","Prohibition on insuring against penalties (s.42A) with associated officer liability provisions, creating a non-obvious compliance obligation","Codes of practice have legal evidentiary weight in proceedings, adding a soft-law layer that affects how compliance is assessed"],"plain_english_summary":"## Safety in Recreational Water Activities Act 2011 (Queensland)\n\n### What is this law?\nThis Queensland Act sets out safety rules for **businesses that offer water-based recreational activities** to the public — things like scuba diving trips, snorkelling tours, white-water rafting, and similar commercial water activities. It does **not** cover people doing these activities on their own; it specifically targets businesses and organisations that *sell* or *manage* these experiences for others.\n\n### Who does it affect?\n\n**If you run a business offering water activities:**\n- You have a primary legal duty to keep your customers as safe as reasonably possible.\n- You must maintain safe equipment, monitor conditions, provide proper training and supervision, and give customers adequate safety information.\n- You must **immediately report** serious accidents, deaths, or dangerous incidents to the regulator (the safety watchdog).\n- You must preserve accident scenes until an inspector arrives.\n- You must keep records of serious incidents for at least 5 years.\n- If you're an **executive or officer** of such a business, you personally must take active steps (called 'due diligence') to ensure your organisation complies — ignorance is not a defence.\n\n**If you're a worker delivering these activities:**\n- You must take reasonable care not to put customers at risk.\n- You must follow reasonable safety instructions from your employer.\n\n**If you're a customer or bystander:**\n- You must take reasonable care for your own safety.\n- You must not put others at risk by your actions.\n- You must follow reasonable safety instructions from the business.\n\n### What happens if the rules are broken?\nThere are three tiers of offences:\n1. **Category 1 (most serious — negligent or reckless conduct exposing someone to death or serious harm):** Up to 5 years imprisonment and/or large fines — up to $30,000 penalty units for companies.\n2. **Category 2 (failure to meet safety duty, exposing someone to risk of death or serious harm):** Significant fines — up to 15,000 penalty units for companies.\n3. **Category 3 (general failure to meet safety duty):** Fines — up to 5,000 penalty units for companies.\n\n**Industrial manslaughter** (added in 2017): If a **worker dies** because of negligent conduct by the business or its senior officers, the business faces fines of up to 100,000 penalty units, and individuals face up to **20 years imprisonment**.\n\n### Important protections and limits\n- You **cannot** sign a contract that waives these safety obligations — such clauses are void.\n- You **cannot** insure yourself against the monetary penalties (fines) under this Act.\n- Complying with this Act does **not** protect you from separate prosecution under the general Work Health and Safety Act 2011 — both laws can apply simultaneously.\n- This Act does **not** give customers a right to sue the business directly under its provisions (though they may still have other legal avenues).\n\n### How does it relate to other laws?\nThis Act works **alongside** the general *Work Health and Safety Act 2011* (which covers worker safety). If there's a conflict, the general WHS Act takes priority. The same government inspectors enforce both laws, but they cannot double-up by taking action under both Acts for exactly the same issue."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"sec.3(2)","severity":"high","reasoning":"Section 3(2) states persons should be given 'the highest level of protection as is reasonably practicable'. Section 15 defines 'reasonably practicable' as involving a weighing of costs against risks, meaning cost can justify a lower standard of protection. A 'highest level' standard is an absolute superlative, while 'reasonably practicable' is an explicitly qualified standard. An entity could lawfully provide a lower-than-highest standard of protection on cost grounds and still satisfy 'reasonably practicable', thereby satisfying the primary duty (s.16) while technically breaching the object principle in s.3(2). The two concepts are logically irreconcilable.","confidence":0.88,"description":"The object clause demands the 'highest level of protection as is reasonably practicable', but 'reasonably practicable' by definition under sec.15 allows cost-benefit trade-offs that inherently preclude the 'highest level' of protection. The highest level and the reasonably practicable level are mutually exclusive concepts."},{"type":"self_contradicting","section":"sec.4(3) and sec.4(5)(a)","severity":"medium","reasoning":"The Act tells a person in subsection (3) they 'must comply with' this Act 'in addition to' the WHS Act, then in subsection (5)(a) tells the same person that if compliance with both is impossible they must comply only with the WHS Act and 'not with the provision of this Act'. The general command to comply with this Act is undercut by the carve-out in (5)(a), but this is framed as a logical contradiction rather than a clear hierarchy, since subsection (5) purports to be 'without limiting' subsections (2), (3) or (4), meaning the duty in (3) remains alive even when (5)(a) excuses non-compliance with it.","confidence":0.75,"description":"Section 4(3) states both Acts must be complied with. Section 4(5)(a) states that where it is impossible to comply with both, comply only with the WHS Act. This creates a duty to comply with both Acts simultaneously and a duty not to comply with one of them in the same factual scenario, which is logically incoherent as a general command."},{"type":"impossible_compliance","section":"sec.5","severity":"high","reasoning":"A person who meticulously complies with every provision of this Act and every provision of the WHS Act can still, per sec.5, be convicted of a WHS Act offence merely because their conduct, though compliant, does not constitute a defence. This renders compliance with this Act legally meaningless as a protective mechanism, directly undermining the object in sec.3(1)(c) of 'securing compliance'. Why would a rational actor comply with a statutory scheme that explicitly disclaims any legal benefit from doing so?","confidence":0.82,"description":"Section 5 provides that compliance with this Act is no defence to a WHS Act offence. Combined with sec.4(3) requiring compliance with both Acts, this creates a situation where a person can fully comply with both Acts and still be convicted under the WHS Act - meaning perfect legal compliance affords no protection from criminal liability."},{"type":"impossible_compliance","section":"sec.9(2)","severity":"high","reasoning":"Section 9(1) cautiously qualifies the binding of the Commonwealth with 'so far as the legislative power of the Parliament permits', acknowledging constitutional limits. Section 9(2) then makes the unqualified assertion that the Commonwealth is 'liable for an offence', with no equivalent qualification. Under the Constitution, a State cannot impose criminal liability on the Commonwealth without Commonwealth consent. The qualification in (1) is dropped in (2), creating an assertion that is almost certainly constitutionally void as applied to the Commonwealth and other States.","confidence":0.85,"description":"Section 9(2) states that 'The State, the Commonwealth and other States are liable for an offence against this Act.' However, sec.9(1) qualifies Commonwealth and other State binding 'so far as the legislative power of the Parliament permits'. A Queensland State Parliament almost certainly lacks the legislative power to make the Commonwealth criminally liable, making the unqualified statement in sec.9(2) constitutionally incoherent."},{"type":"circular_definition","section":"sec.25(2) and sec.25(3)(a)","severity":"high","reasoning":"Section 17(1) officer liability is derivative: the officer must ensure the PCBU 'complies with that duty or obligation'. If the PCBU (an unincorporated association) cannot be prosecuted for non-compliance per sec.25(2), there is a logical question as to whether the underlying 'duty' is real and enforceable in any meaningful sense, or whether sec.25(3)(a)'s officer liability rests on a phantom obligation. The Act attempts to create officer liability flowing from a primary duty it simultaneously renders non-prosecutable.","confidence":0.78,"description":"Section 25(2) states an unincorporated association does not commit an offence for failing to comply with any duty imposed on it. Section 25(3)(a) then creates liability for an officer of that association under sec.17 - but sec.17 imposes a duty on an officer only when 'a person conducting a business or undertaking has a duty or obligation under this Act'. If the association has no enforceable duty (per sec.25(2)), it is logically unclear how the precondition for officer liability under sec.17 can ever be satisfied."},{"type":"self_contradicting","section":"sec.29(2) and sec.29(3)","severity":"low","reasoning":"The Act mandates both a method (telephone or writing) and a speed standard (fastest possible means). In a scenario where telephone is available and faster, choosing to give written notice would be compliant with sec.29(3) but non-compliant with sec.29(2). The Act provides no resolution principle for this conflict.","confidence":0.65,"description":"Section 29(1) requires notification 'immediately'. Section 29(2) says notice must be given 'by the fastest possible means'. Section 29(3) then provides two alternative modes: telephone or writing. Written notice by facsimile, email or electronic means may not be the 'fastest possible means' in all circumstances (e.g., where telephone is available), creating an impossible scenario where choosing the legislatively prescribed written form may simultaneously breach the 'fastest possible means' requirement."},{"type":"other","section":"sec.43(5) and sec.43(2)","severity":"low","reasoning":"The interaction between sec.43(2) (no effect without ministerial notice), sec.43(4) (commencement is the later of notice commencement or the code's own commencement date) and sec.43(5) (expiry 10 years after 'commencement') creates ambiguity. The 10-year expiry period tied to 'commencement' per (4) may differ from when the notice was given, raising the question of which date governs for expiry and whether the drafting accurately captures parliamentary intent.","confidence":0.55,"description":"A code of practice has 'no effect unless the Minister gives notice of its making' (sec.43(2)), yet the code 'expires 10 years after its commencement' (sec.43(5)). If the notice is the condition of effect, but commencement is a separate concept per sec.43(4), it is ambiguous whether the 10-year clock runs from actual commencement (which could be later than the notice) or from the notice. A code could potentially expire before it achieves practical legal effect in some edge cases."},{"type":"other","section":"sec.25C(1)","severity":"medium","reasoning":"Section 8(3) expressly states that a PCBU does not 'provide' recreational water activities to workers, and sec.8(4) says the WHS Act covers workers. Yet Part 2A creates industrial manslaughter offences specifically for worker deaths in the recreational water activities context. This creates a structural tension: the Act disclaims coverage of workers' safety in one division (sec.8(3)-(4)) and then reinstates a criminal regime for their deaths in another part. The WHS Act likely already covers identical conduct, risking double jeopardy or prosecutorial confusion.","confidence":0.72,"description":"The industrial manslaughter offence in sec.25C applies where a worker 'dies in the course of carrying out work for the business or undertaking'. However, this is a recreational water activities Act. Workers are explicitly excluded from the definition of persons 'provided' recreational water activities under sec.8(3), and their safety is said to be covered by the WHS Act. The industrial manslaughter provisions thus create a significant parallel regime for worker deaths that overlaps with the WHS Act's own industrial manslaughter provisions, without clear delineation of which applies."},{"type":"other","section":"sec.38(1)(b)","severity":"medium","reasoning":"The mens rea structure of sec.38(1) requires subjective knowledge that the information 'omits any matter or thing without which the information is misleading'. Proving a person subjectively knew their omission was misleading is a high bar. Reckless or negligent misleading omissions are excluded. This creates an anomaly where deliberate half-truths may escape liability if the defendant can argue they did not subjectively appreciate the misleading effect of the omission.","confidence":0.68,"description":"Section 38(1) prohibits giving information the person 'knows... omits any matter or thing without which the information is misleading.' This provision is grammatically structured so that the knowledge element ('knows') applies to both (a) and (b), meaning a person only commits an offence if they know that the omission renders the information misleading. This creates an internal logical gap: a person who recklessly or negligently omits material information, without subjective knowledge that the omission is misleading, commits no offence - an unusually high mens rea threshold for an information-giving offence."}],"contradictions":[{"severity":"high","section_a":"sec.4(3)","section_b":"sec.4(5)(a)","confidence":0.85,"description":"Section 4(3) imposes an unqualified obligation to comply with both this Act and the WHS Act. Section 4(5)(a) provides that where it is impossible to comply with both, a person must comply only with the WHS Act and 'not with the provision of this Act'. This directly contradicts the mandatory compliance obligation in sec.4(3) in impossibility scenarios, and sec.4(5) purports not to limit sec.4(3), leaving both commands operative simultaneously."},{"severity":"medium","section_a":"sec.3(1)(a) / sec.16(1)","section_b":"sec.5","confidence":0.8,"description":"Sections 3(1)(a) and 16(1) impose a primary duty to ensure health and safety and frame compliance as the central obligation. Section 5 expressly states that compliance with this Act 'is not in itself a defence' to WHS Act proceedings. This creates a contradiction between the Act's regulatory purpose (compliance as the goal) and its express disclaimer that compliance provides no legal protection."},{"severity":"medium","section_a":"sec.8(3)-(4)","section_b":"sec.25C and sec.25D","confidence":0.75,"description":"Section 8(3)-(4) expressly excludes workers from the persons for whom recreational water activities are 'provided', directing that the WHS Act covers workers. Part 2A (ss.25C-25D) then creates industrial manslaughter offences specifically tied to worker deaths in the recreational water activities context under this Act. This contradicts the structural exclusion of workers from this Act's protective scope."},{"severity":"high","section_a":"sec.25(2)","section_b":"sec.25(3)(a)","confidence":0.78,"description":"Section 25(2) states an unincorporated association commits no offence for failing to comply with any duty imposed on it under this Act. Section 25(3)(a) states an officer of that association may be liable under sec.17, which is a derivative duty requiring the underlying PCBU to have a duty or obligation under this Act. If the association cannot be held to its duty (sec.25(2)), the precondition for sec.17 officer liability cannot logically be satisfied, contradicting the intent of sec.25(3)(a)."},{"severity":"high","section_a":"sec.9(1)","section_b":"sec.9(2)","confidence":0.83,"description":"Section 9(1) qualifies Commonwealth and other State binding with 'so far as the legislative power of the Parliament permits', acknowledging constitutional limits. Section 9(2) makes the unqualified assertion that 'The State, the Commonwealth and other States are liable for an offence against this Act' with no equivalent qualification. This creates an internal contradiction between a constitutionally hedged binding provision and an unhedged criminal liability provision."},{"severity":"medium","section_a":"sec.4(8)","section_b":"sec.4(3)","confidence":0.7,"description":"Section 4(8) prohibits the regulator from accepting a recreational water activities health and safety undertaking if a WHS undertaking has already been accepted for the same matter. Section 4(3) requires compliance with both Acts simultaneously. A person cannot satisfy both Acts' undertaking mechanisms for the same incident if the regulator is barred from accepting one of them, creating a situation where full simultaneous compliance with both Acts' enforcement regimes is impossible."},{"severity":"low","section_a":"sec.29(1) and sec.29(2)","section_b":"sec.29(3)","confidence":0.65,"description":"Section 29(1) requires notification 'immediately' and sec.29(2) requires notification 'by the fastest possible means'. Section 29(3) then permits notification in writing (facsimile, email, electronic means), which in many circumstances will not be the fastest possible means (e.g., where telephone is available and faster). Choosing the writing option in sec.29(3) may simultaneously breach the 'fastest possible means' obligation in sec.29(2)."},{"severity":"low","section_a":"sec.11","section_b":"sec.42","confidence":0.6,"description":"Section 11 states a duty 'cannot be transferred to another person'. Section 42 voids agreements purporting to 'transfer to another person any duty owed under this Act'. These two provisions address the same issue but are framed differently: sec.11 makes transfer legally impossible (nullity), while sec.42 voids the contractual term. If transfer is already impossible under sec.11, sec.42's voiding of transfer agreements is redundant. More significantly, sec.13(3)(b) allows a duty holder to 'discharge' their duty through influence and control, potentially allowing functional (if not formal) transfer, creating tension with both sec.11 and sec.42."}]}},"importantCases":[],"_links":{"self":"/api/acts/safety-in-recreational-water-activities-act-2011","history":"/api/acts/safety-in-recreational-water-activities-act-2011/history","analysis":"/api/acts/safety-in-recreational-water-activities-act-2011/analysis","conflicts":"/api/acts/safety-in-recreational-water-activities-act-2011/conflicts","importantCases":"/api/acts/safety-in-recreational-water-activities-act-2011/important-cases","documents":"/api/acts/safety-in-recreational-water-activities-act-2011/documents"}}