{"id":"a-2011-35","name":"Work Health and Safety Act 2011","slug":"work-health-and-safety-act-2011","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"35 of 2011","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":75441,"registerId":"act-a-2011-35-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Div 2","sectionType":"division","heading":"1.2 Constitution and meetings 212","content":"Division 2.1.2 Constitution and meetings 212\n2.3 Membership 212\n2.3A Meaning of appointed member—div 2.1.2 212\n\nPage\ncontents 15\n2.4 Terms of appointment 213\n2.5 Chair and deputy chair 213\n2.6 Leave 213\n2.7 Disclosure of interest 214\n2.8 Reporting of disclosed council interests to Minister 215\n2.9 Ending appointment of council member 216\n2.10 Calling meetings 217\n2.11 Presiding member at council meetings 218\n2.12 Quorum at council meetings 218\n2.13 Voting at council meetings 218\n2.14 Conduct of council meetings etc 218\n2.15 Protection of council members from liability 219\nDivision 2.1.3 Advisory committees 219\n2.16 Establishment 219\nPart 2.2 Office of the Work Health and Safety Commissioner 220\nDivision 2.2.1 Preliminary 220\n2.17 Definitions—pt 2.2 220\nDivision 2.2.2 Establishment and functions of office 220\n2.18 Establishment of office 220\n2.19 Constitution of office 220\n2.20 Functions of office 220\nDivision 2.2.3 Work health and safety commissioner 221\n2.21 Appointment of WHS commissioner 221\n2.22 Functions of WHS commissioner 222\n2.23 Independence of WHS commissioner and Ministerial directions 223\n2.24 Duty of good conduct 223\n2.25 Disclosure of interests 224\n2.26 Outside employment 224\n2.27 Ending appointment—generally 225\n2.28 Ending appointment—council no-confidence resolution 225\n2.29 Leave of absence 226\nDivision 2.2.4 Office—staff 226\n2.30 Meaning of staff of the office—pt 2.2 226\n\nPage\ncontents 16 Work Health and Safety Act 2011\n2.31 Appointment of deputy WHS commissioner 227\n2.32 Employment of staff 227\n2.33 Engagement of consultants and contractors 227\n2.34 Independence of staff of the office 228\n2.35 Delegation of functions 228\n2.36 Other arrangements for staff and facilities 228\nDivision 2.2.5 Office—policy and reporting framework 229\n2.37 Compliance and enforcement policy 229\n2.38 Strategic plan 230\n2.39 Ministerial statement of expectations 231\n2.40 Statement of operational intent 232\n2.41 Annual report 232\nSchedule 3 Regulation-making powers 234\n1 Duties 234\n2 Incidents 234\n3 Plant, substances or structures 235\n4 Protection and welfare of workers 235\n5 Hazards and risks 235\n6 Records and notices 236\n7 Authorisations 236\n8 Work groups 237\n9 Health and safety committees and health and safety representatives 237\n10 Issue resolution 237\n11 WHS entry permits 237\n12 Identity cards 238\n13 Forfeiture 238\n14 Review of decisions 238\nSchedule 4 Penalty amounts 239\n4.1 Monetary penalties—categories 1 to 3 239\n4.1A Monetary penalties—industrial manslaughter 240\n4.2 Monetary penalties—tiers A to I 241\n\nPage\ncontents 17\n4.3 Monetary penalties—WHS civil penalty tiers 1 to 4 243\n4.4 Indexation of penalty amounts 245\n4.5 Rounding of maximum penalty amounts 245\n4.6 Notification of adjusted maximum penalty amounts 246\nDictionary 247\n1 About the endnotes 256\n2 Abbreviation key 256\n3 Legislation history 257\n4 Amendment history 262\n5 Earlier republications 276\n6 Expired transitional or validating provisions 279\n\nAn Act about work health and safety, and for other purposes\n\n1 Name of Act\nThis Act is the Work Health and Safety Act 2011.\nDivision 1.2 Object\n3 Object\n(1) The main object of this Act is to provide for a balanced and nationally\nconsistent framework to secure the health and safety of workers and\nworkplaces by—\n(a) protecting workers and other persons against harm to their\nhealth, safety and welfare through the elimination or\nminimisation of risks arising from work or from specified types\nof substances or plant; and\n(b) providing for fair and effective workplace representation,\nconsultation, cooperation and issue resolution in relation to\nwork health and safety; and\n(c) encouraging unions and employer organisations to take a\nconstructive role in promoting improvements in work health and\nsafety practices, and assisting persons conducting businesses or\nundertakings and workers to achieve a healthier and safer\nworking environment; and\n(d) promoting the provision of advice, information, education and\ntraining in relation to work health and safety; and\n(e) securing compliance with this Act through effective and\nappropriate compliance and enforcement measures; and\n\nObject Division 1.2\n(f) ensuring appropriate scrutiny and review of actions taken by\npersons exercising powers and performing functions under this\nAct; and\n(g) providing a framework for continuous improvement and\nprogressively higher standards of work health and safety; and\n(h) maintaining and strengthening the national harmonisation of\nlaws relating to work health and safety and to facilitate a\nconsistent national approach to work health and safety in the\nACT.\n(2) In furthering subsection (1) (a), regard must be had to the principle\nthat workers and other persons should be given the highest level of\nprotection against harm to their health, safety and welfare from\nhazards and risks arising from work or from specified types of\nsubstances or plant as is reasonably practicable.\n\n","sortOrder":0},{"sectionNumber":"Subdiv 1","sectionType":"subdivision","heading":"3.1 Definitions","content":"Subdivision 1.3.1 Definitions\n","sortOrder":1},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"4 Definitions\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere.\nFor example, the signpost definition ‘employee record, in relation to an\nemployee—see the Privacy Act 1988 (Cwlth), section 6 (1).’ means that\nthe term ‘employee record’ is defined in that section and the definition\napplies to this Act.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\nSubdivision 1.3.2 Other important terms\n","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Meaning of person conducting a business or undertaking","content":"5 Meaning of person conducting a business or undertaking\n(1) For the purposes of this Act, a person conducts a business or\nundertaking—\n(a) whether the person conducts the business or undertaking alone\nor with others; and\n(b) whether or not the business or undertaking is conducted for\nprofit or gain.\n(2) A business or undertaking conducted by a person includes a business\nor undertaking conducted by a partnership or an unincorporated\nassociation.\n\nInterpretation Division 1.3\n(3) If a business or undertaking is conducted by a partnership (other than\nan incorporated partnership), a reference in this Act to a person\nconducting the business or undertaking is to be read as a reference to\neach partner in the partnership.\n(4) A person does not conduct a business or undertaking to the extent that\nthe person is engaged solely as a worker in, or as an officer of, that\n(5) A regulation may specify the circumstances in which a person may\nbe taken not to be a person who conducts a business or undertaking\nfor the purposes of this Act or any provision of this Act.\n(6) A volunteer association does not conduct a business or undertaking\nfor the purposes of this Act.\n(7) In this section:\nvolunteer association means a group of volunteers working together\nfor 1 or more community purposes where none of the volunteers,\nwhether alone or jointly with any other volunteers, employs any\nperson to carry out work for the volunteer association.\n","sortOrder":3},{"sectionNumber":"6","sectionType":"section","heading":"Meaning of supply","content":"6 Meaning of supply\n(1) A supply of a thing includes a supply and a resupply of the thing by\nway of sale, exchange, lease, hire or hire-purchase, whether as\nprincipal or agent.\n(2) A supply of a thing occurs on the passing of possession of the thing\nto the person or an agent of the person to be supplied.\n(3) A supply of a thing does not include—\n(a) the return of possession of a thing to the owner of the thing at\nthe end of a lease or other agreement; or\n(b) a prescribed supply.\n\n(4) A financier is taken not to supply plant, a substance or a structure for\nthe purposes of this Act if—\n(a) the financier has, in the course of the financier’s business as a\nfinancier, acquired ownership of, or another right in, the plant,\nsubstance or structure on behalf of a customer of the financier;\nand\n(b) the action by the financier, that would be a supply but for this\nsubsection, is taken by the financier for, or on behalf of, that\ncustomer.\n(5) If subsection (4) applies, the person (other than the financier) who\nhad possession of the plant, substance or structure immediately before\nthe financier’s customer obtained possession of the plant, substance\nor structure is taken for the purposes of this Act to have supplied the\nplant, substance or structure to the financier’s customer.\n","sortOrder":4},{"sectionNumber":"7","sectionType":"section","heading":"Meaning of worker","content":"7 Meaning of worker\n(1) A person is a worker if the person carries out work in any capacity\nfor a person conducting a business or undertaking, including work\nas—\n(a) an employee; or\n(b) a contractor or subcontractor; or\n(c) an employee of a contractor or subcontractor; or\n(d) an employee of a labour hire company who has been assigned to\nwork in the person’s business or undertaking; or\n(e) an outworker; or\n(f) an apprentice or trainee; or\n(g) a student gaining work experience; or\n\nInterpretation Division 1.3\n(h) a volunteer; or\n(i) a person of a prescribed class.\nNote Power to make a regulation includes power to make different provision\nfor different classes (see Legislation Act, s 48).\n(2) For the purposes of this Act, a police officer is—\n(a) a worker; and\n(b) at work throughout the time when the officer is on duty or\nlawfully performing the functions of a police officer, but not\notherwise.\n(3) The person conducting the business or undertaking is also a worker\nif the person is an individual who carries out work in that business or\n","sortOrder":5},{"sectionNumber":"8","sectionType":"section","heading":"Meaning of workplace","content":"8 Meaning of workplace\n(1) A workplace is a place where work is carried out for a business or\nundertaking and includes any place where a worker goes, or is likely\nto be, while at work.\n(2) In this section:\nplace includes—\n(a) a vehicle, vessel, aircraft or other mobile structure; and\n(b) any waters and any installation on land, on the bed of any waters\nor floating on any waters.\n\n","sortOrder":6},{"sectionNumber":"9","sectionType":"section","heading":"Examples and notes","content":"9 Examples and notes\n(1) An example at the foot of a provision forms part of this Act.\nNote The Legislation Act, s 126 and s 132, deals with examples.\n(2) A note at the foot of a provision forms part of this Act.\n(3) Subsection (2) displaces the Legislation Act 2001, section 127\n(Material that is not part of Act or statutory instrument).\n","sortOrder":7},{"sectionNumber":"10","sectionType":"section","heading":"Act binds the Crown","content":"10 Act binds the Crown\n(1) This Act binds the Crown in right of the Territory and, in so far as the\nlegislative power of the Legislative Assembly permits, the Crown in\nall its other capacities.\n(2) The Territory is liable for an offence against this Act.\n(3) Without limiting subsection (1), the Territory is liable for a\ncontravention of a WHS civil penalty provision.\n","sortOrder":8},{"sectionNumber":"11","sectionType":"section","heading":"Extraterritorial application","content":"11 Extraterritorial application\nThe Criminal Code 2002, part 2.7 (Geographical application) extends\nthe application of a territory law that creates an offence beyond the\nterritorial limits of the ACT (and Australia) if the required\ngeographical nexus exists for the offence.\n\nApplication of Act Division 1.4\n","sortOrder":9},{"sectionNumber":"12","sectionType":"section","heading":"Scope","content":"12 Scope\n(1) The duties under this Act in relation to hazardous chemicals are in\naddition to duties in relation to them under any other law in force in\nthe ACT.\nNote 1 A reference to an Act includes a reference to statutory instruments made\nor in force under the Act, including any regulation and any law or\ninstrument applied, adopted or incorporated by the Act (see Legislation\nNote 2 Other legislation in force in the ACT relating to hazardous chemicals\nincludes the following:\n• Dangerous Goods (Road Transport) Act 2009\n• Emergencies Act 2004\n• Environment Protection Act 1997\n• Medicines, Poisons and Therapeutic Goods Act 2008.\nNote 3 See the Emergencies Act 2004 for provisions relating to hazardous\nmaterials incidents (which may include dangerous occurrences).\nNote 4 See the Dangerous Goods (Road Transport) Act 2009 for the transport\nby road of certain hazardous chemicals that are classified as dangerous\ngoods under that Act.\n(2) A duty or power under another territory law in relation to a work\nhealth and safety matter has no effect to the extent that it is\ninconsistent with a duty under this Act in relation to the same matter.\n(3) However, a duty or power under another territory law in relation to a\nwork health and safety matter must not be taken to be inconsistent\nwith a duty under this Act to the extent that they can operate\nconcurrently.\nhazardous chemical—see the Work Health and Safety\nRegulation 2011, dictionary.\n\n12AA Application of Act to dangerous goods and high risk\nplant—sch 1\n","sortOrder":10},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"provides for the application of this Act to dangerous","content":"Schedule 1 provides for the application of this Act to dangerous\ngoods and high risk plant.\n","sortOrder":11},{"sectionNumber":"12A","sectionType":"section","heading":"Offences are offences of strict liability","content":"12A Offences are offences of strict liability\nStrict liability applies to each physical element of each offence under\nthis Act unless otherwise stated in the section containing the offence.\n","sortOrder":12},{"sectionNumber":"12B","sectionType":"section","heading":"Offences against Act—application of Criminal Code etc","content":"12B Offences against Act—application of Criminal Code etc\n(1) Other legislation applies in relation to offences against this Act.\nNote Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\n(2) However, the Criminal Code, part 2.5 (Corporate criminal\nresponsibility) does not apply to an offence against this Act.\nNote For this Act, corporate criminal responsibility is dealt with by div 13.4.\n\nIntroductory Division 2.1\n","sortOrder":13},{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"1.1 Principles that apply to duties","content":"Subdivision 2.1.1 Principles that apply to duties\n","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Principles that apply to duties","content":"13 Principles that apply to duties\nThis subdivision sets out the principles that apply to all duties that\npersons have under this Act.\nNote 1 The principles will apply to duties under this part and other parts of this\nAct such as duties relating to incident notification and consultation.\nNote 2 A reference to an Act includes a reference to statutory instruments made\n","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"Duties not transferrable","content":"14 Duties not transferrable\nA duty cannot be transferred to another person.\n","sortOrder":16},{"sectionNumber":"15","sectionType":"section","heading":"Person may have more than 1 duty","content":"15 Person may have more than 1 duty\nA person can have more than 1 duty by virtue of being in more than\n1 class of duty-holder.\n","sortOrder":17},{"sectionNumber":"16","sectionType":"section","heading":"More than 1 person can have a duty","content":"16 More than 1 person can have a duty\n(1) More than 1 person can concurrently have the same duty.\n(2) Each duty-holder must comply with that duty to the standard required\nby this Act even if another duty-holder has the same duty.\n\n(3) If more than 1 person has a duty for the same matter, each person—\n(a) retains responsibility for the person’s duty in relation to the\n(b) must discharge the person’s duty to the extent to which the\nperson has the capacity to influence and control the matter or\nwould have had that capacity but for an agreement or\narrangement purporting to limit or remove that capacity.\n","sortOrder":18},{"sectionNumber":"17","sectionType":"section","heading":"Management of risks","content":"17 Management of risks\nA duty imposed on a person to ensure health and safety requires the\n(a) to eliminate risks to health and safety, so far as is reasonably\npracticable; and\n(b) if it is not reasonably practicable to eliminate risks to health and\nsafety, to minimise those risks so far as is reasonably\nSubdivision 2.1.2 What is reasonably practicable\n","sortOrder":19},{"sectionNumber":"18","sectionType":"section","heading":"What is reasonably practicable in ensuring health and","content":"18 What is reasonably practicable in ensuring health and\nsafety\nreasonably practicable, in relation to a duty to ensure health and\nsafety, means that which is, or was at a particular time, reasonably\nable to be done in relation to ensuring health and safety, taking into\naccount and weighing up all relevant matters including—\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;\nand\n\nPrimary duty of care Division 2.2\n(c) what the person concerned knows, or ought reasonably to know,\nabout—\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\nthe risk; and\n(e) after assessing the extent of the risk and the available ways of\neliminating or minimising the risk—the cost associated with\navailable ways of eliminating or minimising the risk, including\nwhether the cost is grossly disproportionate to the risk.\n","sortOrder":20},{"sectionNumber":"19","sectionType":"section","heading":"Primary duty of care","content":"19 Primary duty of care\n(1) A person conducting a business or undertaking must ensure, so far as\nis reasonably practicable, the health and safety of—\n(a) workers engaged, or caused to be engaged, by the person; and\n(b) workers whose activities in carrying out work are influenced or\ndirected by the person,\nwhile the workers are at work in the business or undertaking.\n(2) A person conducting a business or undertaking must ensure, so far as\nis reasonably practicable, that the health and safety of other persons\nis not put at risk from work carried out as part of the conduct of the\n(3) Without limiting subsections (1) and (2), a person conducting a\nbusiness or undertaking must ensure, so far as is reasonably\npracticable—\n(a) the provision and maintenance of a work environment without\nrisks to health and safety; and\n\n(b) the provision and maintenance of safe plant and structures; and\n(c) the provision and maintenance of safe systems of work; and\n(d) the safe use, handling, storage and transport of plant, structures\nand substances; and\n(e) the provision of adequate facilities for the welfare at work of\nworkers in carrying out work for the business or undertaking,\nincluding ensuring access to those facilities; and\n(f) the provision of any information, training, instruction or\nsupervision that is necessary to protect all persons from risks to\ntheir health and safety arising from work carried out as part of\nthe conduct of the business or undertaking; and\n(g) that the health of workers and the conditions at the workplace\nare monitored for the purpose of preventing illness or injury of\nworkers arising from the conduct of the business or undertaking.\n(4) If:\n(a) a worker occupies accommodation that is owned by or under the\nmanagement or control of the person conducting the business or\n(b) the occupancy is necessary for the purposes of the worker’s\nengagement because other accommodation is not reasonably\navailable,\nthe person conducting the business or undertaking must, so far as is\nreasonably practicable, maintain the premises so that the worker\noccupying the premises is not exposed to risks to health and safety.\n(5) A self-employed person must ensure, so far as is reasonably\npracticable, his or her own health and safety while at work.\nNote A self-employed person is also a person conducting a business or\nundertaking for the purposes of this section.\n\nDivision 2.3 Further duties of persons conducting\nbusinesses or undertakings\n","sortOrder":21},{"sectionNumber":"20","sectionType":"section","heading":"Duty of persons conducting businesses or undertakings","content":"20 Duty of persons conducting businesses or undertakings\ninvolving management or control of workplaces\n(1) In this section:\nperson with management or control of a workplace means a person\nconducting a business or undertaking to the extent that the business\nor undertaking involves the management or control, in whole or in\npart, of the workplace but does not include—\n(a) the occupier of a residence, unless the residence is occupied for\nthe purposes of, or as part of, the conduct of a business or\nundertaking; or\n(b) a prescribed person.\n(2) The person with management or control of a workplace must ensure,\nso far as is reasonably practicable, that the workplace, the means of\nentering and exiting the workplace and anything arising from the\nworkplace are without risks to the health and safety of any person.\n","sortOrder":22},{"sectionNumber":"21","sectionType":"section","heading":"Duty of persons conducting businesses or undertakings","content":"21 Duty of persons conducting businesses or undertakings\ninvolving management or control of fixtures, fittings or\nplant at workplaces\n(1) In this section:\nperson with management or control of fixtures, fittings or plant at\na workplace means a person conducting a business or undertaking to\nthe extent that the business or undertaking involves the management\nor control of fixtures, fittings or plant, in whole or in part, at a\nworkplace, but does not include—\n(a) the occupier of a residence, unless the residence is occupied for\nthe purposes of, or as part of, the conduct of a business or\nundertaking; or\n\n(b) a prescribed person.\n(2) The person with management or control of fixtures, fittings or plant\nat a workplace must ensure, so far as is reasonably practicable, that\nthe fixtures, fittings and plant are without risks to the health and safety\nof any person.\n","sortOrder":23},{"sectionNumber":"22","sectionType":"section","heading":"Duties of persons conducting businesses or","content":"22 Duties of persons conducting businesses or\nundertakings that design plant, substances or structures\n(1) This section applies to a person (the designer) who conducts a\nbusiness or undertaking that designs—\n(2) The designer must ensure, so far as is reasonably practicable, that the\nplant, substance or structure is designed to be without risks to the\nhealth and safety of persons—\npurpose for which it was designed; or\n\n(i) the manufacture, assembly or use of the plant for a purpose\nfor which it was designed, or the proper storage,\n(ii) the manufacture or use of the substance for a purpose for\nwhich it was designed or the proper handling, storage or\ndisposal of the substance; or\n(iii) the manufacture, assembly or use of the structure for a\npurpose for which it was designed or the proper demolition\n(3) The designer must carry out, or arrange the carrying out of, any\ncalculations, analysis, testing or examination that may be necessary\nfor the performance of the duty imposed by subsection (2).\n(4) The designer must give adequate information to each person who is\nprovided with the design for the purpose of giving effect to it\nconcerning—\ndesigned; and\n\npurpose for which it was designed or when carrying out any\nactivity referred to in subsection (2) (a) to (e).\n(5) The designer, on request, must, so far as is reasonably practicable,\n","sortOrder":24},{"sectionNumber":"23","sectionType":"section","heading":"Duties of persons conducting businesses or","content":"23 Duties of persons conducting businesses or\nundertakings that manufacture plant, substances or\nstructures\n(1) This section applies to a person (the manufacturer) who conducts a\nbusiness or undertaking that manufactures—\n(2) The manufacturer must ensure, so far as is reasonably practicable,\nthat the plant, substance or structure is manufactured to be without\nrisks to the health and safety of persons—\npurpose for which it was designed or manufactured; or\n\n(3) The manufacturer must carry out, or arrange the carrying out of, any\ncalculations, analysis, testing or examination that may be necessary\nfor the performance of the duty imposed by subsection (2).\n(4) The manufacturer must give adequate information to each person to\nwhom the manufacturer provides the plant, substance or structure\nconcerning—\n\n(5) The manufacturer, on request, must, so far as is reasonably\npracticable, give current relevant information on the matters referred\nto in subsection (4) to a person who carries out, or is to carry out, any\nof the activities referred to in subsection (2) (a) to (e).\n","sortOrder":25},{"sectionNumber":"24","sectionType":"section","heading":"Duties of persons conducting businesses or","content":"24 Duties of persons conducting businesses or\nundertakings that import plant, substances or structures\n(1) This section applies to a person (the importer) who conducts a\nbusiness or undertaking that imports—\n(2) The importer must ensure, so far as is reasonably practicable, that the\nplant, substance or structure is without risks to the health and safety\nof persons—\npurpose for which it was designed or manufactured; or\n\n(3) The importer must—\n(a) carry out, or arrange the carrying out of, any calculations,\nanalysis, testing or examination that may be necessary for the\nperformance of the duty imposed by subsection (2); or\n(b) ensure that the calculations, analysis, testing or examination\nhave been carried out.\n(4) The importer must give adequate information to each person to whom\nthe importer provides the plant, substance or structure concerning—\n\n(5) The importer, on request, must, so far as is reasonably practicable,\n","sortOrder":26},{"sectionNumber":"25","sectionType":"section","heading":"Duties of persons conducting businesses or","content":"25 Duties of persons conducting businesses or\nundertakings that supply plant, substances or structures\n(1) This section applies to a person (the supplier) who conducts a\nbusiness or undertaking that supplies—\n(2) The supplier must ensure, so far as is reasonably practicable, that the\nplant, substance or structure is without risks to the health and safety\nof persons—\n(a) who, at a workplace, use the plant or substance or structure for\na purpose for which it was designed or manufactured; or\n\n(3) The supplier must—\n(a) carry out, or arrange the carrying out of, any calculations,\nanalysis, testing or examination that may be necessary for the\nperformance of the duty imposed by subsection (2); or\n(b) ensure that the calculations, analysis, testing or examination\nhave been carried out.\n(4) The supplier must give adequate information to each person to whom\nthe supplier supplies the plant, substance or structure concerning—\n\n(5) The supplier, on request, must, so far as is reasonably practicable,\n","sortOrder":27},{"sectionNumber":"26","sectionType":"section","heading":"Duty of persons conducting businesses or undertakings","content":"26 Duty of persons conducting businesses or undertakings\nthat install, construct or commission plant or structures\n(1) This section applies to a person who conducts a business or\nundertaking that installs, constructs or commissions plant or a\nstructure that is to be used, or could reasonably be expected to be\nused, as, or at, a workplace.\n(2) The person must ensure, so far as is reasonably practicable, that the\nway in which the plant or structure is installed, constructed or\ncommissioned ensures that the plant or structure is without risks to\nthe health and safety of persons—\n(a) who install or construct the plant or structure at a workplace; or\n(b) who use the plant or structure at a workplace for a purpose for\nwhich it was installed, constructed or commissioned; or\n(c) who carry out any reasonably foreseeable activity at a workplace\nin relation to the proper use, decommissioning or dismantling of\nthe plant or demolition or disposal of the structure; or\n\nDuty of officers, workers and other persons Division 2.4\n(d) who are at or in the vicinity of a workplace and whose health or\nsafety may be affected by a use or activity referred to in\nparagraph (a), (b) or (c).\nDivision 2.4 Duty of officers, workers and other\npersons\n","sortOrder":28},{"sectionNumber":"27","sectionType":"section","heading":"Duty of officers","content":"27 Duty of officers\n(1) If a person conducting a business or undertaking has a duty or\nobligation under this Act, an officer of the person conducting the\nbusiness or undertaking must exercise due diligence to ensure that the\nperson conducting the business or undertaking complies with that\nduty or obligation.\nNote 1 Officer—see the dictionary.\nNote 2 Person includes a corporation, an unincorporated association and a\npartnership (see dictionary and Legislation Act, s 160).\nNote 3 A reference to an Act includes a reference to statutory instruments made\n(2) Subject to subsection (3), the maximum penalty applicable under\ndivision 2.5 (Offences and penalties) or division 2.6 (Industrial\nmanslaughter) for an offence relating to the duty of an officer under\nthis section is the maximum penalty fixed for an officer of a person\nconducting a business or undertaking for that offence.\n\nDivision 2.4 Duty of officers, workers and other persons\n(3) Despite anything to the contrary in section 33 (Failure to comply with\nhealth and safety duty—category 3), if the duty or obligation of a\nperson conducting a business or undertaking was imposed under a\nprovision other than a provision of division 2.2 (Primary duty of\ncare), division 2.3 (Further duties of persons conducting businesses\nor undertakings) or this division, the maximum penalty under\nsection 33 for an offence by an officer under section 33 in relation to\nthe duty or obligation is the maximum penalty fixed under the\nprovision creating the duty or obligation for an individual who fails\nto comply with the duty or obligation.\n(4) An officer of a person conducting a business or undertaking may be\nconvicted or found guilty of an offence under this Act relating to a\nduty under this section whether or not the person conducting the\nbusiness or undertaking has been convicted or found guilty of an\noffence under this Act relating to the duty or obligation.\n(5) In this section:\ndue diligence includes taking reasonable steps—\n(a) to acquire and keep up-to-date knowledge of work health and\nsafety matters; and\n(b) to gain an understanding of the nature of the operations of the\nbusiness or undertaking of the person conducting the business\nor undertaking and generally of the hazards and risks associated\nwith those operations; and\n(c) to ensure that the person conducting the business or undertaking\nhas available for use, and uses, appropriate resources and\nprocesses to eliminate or minimise risks to health and safety\nfrom work carried out as part of the conduct of the business or\n(d) to ensure that the person conducting the business or undertaking\nhas appropriate processes for receiving and considering\ninformation regarding incidents, hazards and risks and\nresponding in a timely way to that information; and\n\nDuty of officers, workers and other persons Division 2.4\n(e) to ensure that the person conducting the business or undertaking\nhas, and implements, processes for complying with any duty or\nobligation of the person conducting the business or undertaking\nunder this Act; and\n(f) to verify the provision and use of the resources and processes\nreferred to in paragraphs (c) to (e).\nExamples—par (e)\nThe duties or obligations under this Act of a person conducting a business or\nundertaking may include:\n• reporting notifiable incidents\n• consulting with workers\n• ensuring compliance with notices issued under this Act\n• ensuring the provision of training and instruction to workers about work health\nand safety\n• ensuring that health and safety representatives receive their entitlements to\ntraining\n","sortOrder":29},{"sectionNumber":"28","sectionType":"section","heading":"Duties of workers","content":"28 Duties of workers\nWhile at work, a worker must—\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\nadversely affect the health and safety of other persons; and\n(c) comply, so far as the worker is reasonably able, with any\nreasonable instruction that is given by the person conducting the\nbusiness or undertaking to allow the person to comply with this\nAct; and\n\n(d) cooperate with any reasonable policy or procedure of the person\nconducting the business or undertaking relating to health or\nsafety at the workplace that has been notified to workers.\n","sortOrder":30},{"sectionNumber":"29","sectionType":"section","heading":"Duties of other persons at the workplace","content":"29 Duties of other persons at the workplace\nA person at a workplace (whether or not the person has another duty\nunder this part) must—\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\nadversely affect the health and safety of other persons; and\n(c) comply, so far as the person is reasonably able, with any\nreasonable instruction that is given by the person conducting the\nbusiness or undertaking to allow the person conducting the\nbusiness or undertaking to comply with this Act.\n","sortOrder":31},{"sectionNumber":"30","sectionType":"section","heading":"Health and safety duty","content":"30 Health and safety duty\nhealth and safety duty means a duty imposed under—\n(c) division 2.4 (Duty of officers, workers and other persons).\n\nOffences and penalties Division 2.5\n","sortOrder":32},{"sectionNumber":"31","sectionType":"section","heading":"Negligence or reckless conduct—category 1","content":"31 Negligence or reckless conduct—category 1\n(1) A person commits a category 1 offence if—\n(b) the person, without reasonable excuse, engages in conduct\nthat—\n(i) exposes an individual to whom the duty is owed to a risk\nof death or serious injury or illness; or\n(ii) if the person is an officer of a person conducting a business\nor undertaking—exposes an individual, to whom the\nperson conducting a business or undertaking owes a health\nand safety duty, to a risk of death or serious injury or\nillness; and\n(c) the person—\n(i) engages in the conduct with negligence; or\n(ii) is reckless as to the risk to an individual of death or serious\ninjury or illness.\n(a) for an individual—category 1 monetary penalty or\nimprisonment for 10 years or both; or\n(b) for a body corporate—category 1 monetary penalty.\nNote Strict liability applies to s (1) (a) (see s 12A).\n(2) The prosecution has the burden of proving that the conduct was\nengaged in without reasonable excuse.\n(3) A category 1 offence is declared to be an indictable offence.\nNote An indictable offence is an offence punishable by imprisonment for\nlonger than 2 years or an offence declared by an ACT law to be an\nindictable offence (see Legislation Act, s 190 (1)).\n\n","sortOrder":33},{"sectionNumber":"32","sectionType":"section","heading":"Failure to comply with health and safety duty—category 2","content":"32 Failure to comply with health and safety duty—category 2\nA person commits a category 2 offence if—\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\ninjury or illness.\nMaximum penalty: category 2 monetary penalty.\n","sortOrder":34},{"sectionNumber":"33","sectionType":"section","heading":"Failure to comply with health and safety duty—category 3","content":"33 Failure to comply with health and safety duty—category 3\nA person commits a category 3 offence if—\n(b) the person fails to comply with that duty.\nMaximum penalty: category 3 monetary penalty.\n","sortOrder":35},{"sectionNumber":"34","sectionType":"section","heading":"Exceptions","content":"34 Exceptions\n(1) A volunteer does not commit an offence under this division for a\nfailure to comply with a health and safety duty, except a duty under\nsection 28 (Duties of workers) or section 29 (Duties of other persons\nat the workplace).\n(2) An unincorporated association does not commit an offence under this\nAct, and is not liable for a civil penalty under this Act, for a failure to\ncomply with a duty or obligation imposed on the unincorporated\nassociation under this Act.\nor in force under the Act, including regulations and any law or instrument\n\nIndustrial manslaughter Division 2.6\n(3) However—\n(a) an officer of an unincorporated association (other than a\nvolunteer) may be liable for a failure to comply with a duty\nunder section 27 (Duties of officers); and\n(b) a member of an unincorporated association may be liable for\nfailure to comply with a duty under section 28 or 29.\n","sortOrder":36},{"sectionNumber":"34A","sectionType":"section","heading":"Industrial manslaughter","content":"34A Industrial manslaughter\n(1) A person commits an offence if—\n(a) the person conducts a business or undertaking, or is an officer of\na person who conducts a business or undertaking; and\n(b) the person has a health and safety duty; and\n(c) the person engages in conduct; and\n(d) the conduct results in a breach of the health and safety duty; and\n(e) the conduct causes—\n(i) the death of a worker; or\n(ii) an injury to a worker and the injury later causes the death\nof the worker; or\n(iii) the death of another person; and\n\n(f) the person is reckless or negligent about causing the death of the\nworker or other person by the conduct.\n(a) for an individual—imprisonment for 20 years; or\n(b) for a body corporate—industrial manslaughter monetary\npenalty.\nNote See s 244 and s 245 for imputing conduct to a body corporate or the\nTerritory.\n(2) Strict liability only applies to subsection (1) (a) and (b).\nNote Subsection (2) displaces s 12A which states that strict liability applies to\neach physical element of each offence under this Act unless otherwise\nstated in the section containing the offence.\n(3) An offence against this section is declared to be an indictable offence.\nNote An indictable offence is an offence punishable by imprisonment for\nlonger than 2 years or an offence declared by an ACT law to be an\nindictable offence (see Legislation Act, s 190 (1)).\ncauses death—a person’s conduct causes death if the conduct\nsubstantially contributes to the death.\nhealth and safety duty means a duty imposed under—\n(c) section 27 (Duty of officers).\n\nIndustrial manslaughter Division 2.6\n","sortOrder":37},{"sectionNumber":"34B","sectionType":"section","heading":"Alternative verdict for industrial manslaughter","content":"34B Alternative verdict for industrial manslaughter\n(1) This section applies if, in a prosecution for an industrial manslaughter\noffence, the trier of fact—\n(a) is not satisfied beyond reasonable doubt that the defendant\ncommitted an industrial manslaughter offence; and\n(b) is satisfied beyond reasonable doubt that the defendant\ncommitted an alternative offence.\n(2) The trier of fact may find the defendant guilty of the alternative\noffence, but only if the defendant has been given procedural fairness\nin relation to that finding of guilt.\nalternative offence, for an industrial manslaughter offence, means a\ncategory 1 offence or a category 2 offence.\n\n","sortOrder":38},{"sectionNumber":"35","sectionType":"section","heading":"What is a notifiable incident","content":"35 What is a notifiable incident\nnotifiable incident means any of the following arising out of the\nconduct of a business or undertaking:\n(a) the death of a person;\n(b) a serious injury or illness of a person;\n(c) a dangerous incident;\n(d) a sexual assault incident.\n","sortOrder":39},{"sectionNumber":"36","sectionType":"section","heading":"What is a serious injury or illness—pt 3","content":"36 What is a serious injury or illness—pt 3\n(1) In this part:\nserious injury or illness, in relation to a person, means—\n(a) an injury or illness that would ordinarily require the person to\nhave immediate treatment as an in-patient of a hospital, whether\nor not treatment is available or sought; or\n(b) any of the following injuries or illnesses if a person would\nordinarily seek immediate treatment, whether or not treatment is\navailable or sought:\n(i) the amputation of a body part;\n(ii) a serious eye injury;\n(iii) a serious burn;\n(iv) the separation of skin from an underlying tissue, such as\ndegloving or scalping;\n(v) a spinal injury, including a fracture of 1 or more vertebrae;\n(vi) a fracture of the pelvis, the skull or other facial bones;\n\n(vii) another serious bone fracture;\n(viii) a serious crush injury;\n(ix) the loss of a bodily function;\n(x) serious lacerations; or\n(c) a serious head injury or illness, including any head injury or\nillness resulting from—\n(i) a significant blow, knock or other shock to the person’s\nhead, whether or not immediate treatment is sought; or\n(ii) repeated blows, knocks or shocks to the person’s head; or\n(d) an injury or illness for which the person seeks treatment from a\nrelevant registered health professional within 48 hours after\nexposure to a substance; or\n(e) an injury or illness prescribed by regulation.\n(2) A regulation may prescribe that an injury or illness is not a serious\ninjury or illness for this part.\nrelevant registered health professional means—\n(a) a doctor; or\n(b) an enrolled nurse; or\n(c) a nurse; or\n(d) a person registered under the Health Practitioner Regulation\nNational Law (ACT) to practise in the paramedicine profession\n(other than as a student).\n\n","sortOrder":40},{"sectionNumber":"37","sectionType":"section","heading":"What is a dangerous incident—pt 3","content":"37 What is a dangerous incident—pt 3\n(1) In this part:\ndangerous incident means any of the following incidents, in relation\nto a workplace, that immediately or imminently exposes a person to\na serious risk to the person’s health and safety:\n(a) an uncontrolled escape, spillage or leakage of a substance;\n(b) an uncontrolled fire, implosion or explosion, including an\nelectrical explosion or an arc flash explosion;\n(c) an uncontrolled escape of gas or steam;\n(d) an uncontrolled escape of a pressurised substance;\n(e) an electric shock;\n(f) the fall or release from a height of a thing;\n(g) the collapse, overturning, failure or malfunction of, or damage\nto, plant that is required to be authorised for use in accordance\nwith a regulation;\n(h) a mobile plant incident;\n(i) the collapse or partial collapse of a structure;\n(j) the collapse or failure of an excavation or of any shoring\nsupporting an excavation;\n(k) the inrush of water, mud or gas in workings, in an underground\nexcavation or tunnel;\n(l) the interruption of the main system of ventilation in an\nunderground excavation or tunnel;\n(m) a serious fall;\n(n) another incident prescribed by regulation.\n(2) A regulation may prescribe that an incident is not a dangerous\nincident for this part.\n\nmobile plant means plant designed to move or be moved, either\nautonomously or under the direct or remote control of an operator.\nmobile plant incident means an incident in which—\n(a) mobile plant overturns or partially overturns; or\n(b) mobile plant collides with a person or thing; or\n(c) a person is pinned to the ground or another thing by mobile\nplant; or\n(d) a person is ejected from mobile plant; or\n(e) mobile plant malfunctions; or\n(f) mobile plant that is ordinarily controlled directly or remotely by\nan operator moves while not under control.\nserious fall means a person falling, or the risk of a person falling—\n(a) from 1 level to a lower level; or\n(b) into a hole, trench, pit or void; or\n(c) into a body of water; or\n(d) onto a dangerous surface or object.\n","sortOrder":41},{"sectionNumber":"37A","sectionType":"section","heading":"What is a sexual assault incident—pt 3","content":"37A What is a sexual assault incident—pt 3\nsexual assault incident means an incident (including a suspected\nincident) in relation to a workplace that exposes a worker or any other\nperson at the workplace to sexual assault.\n\n","sortOrder":42},{"sectionNumber":"38","sectionType":"section","heading":"Duty to notify of notifiable incidents","content":"38 Duty to notify of notifiable incidents\n(1) A person who conducts a business or undertaking must ensure that\nthe regulator is notified immediately after becoming aware that a\nnotifiable incident has occurred.\n(2) The notice must be given in accordance with this section and by the\nfastest possible means.\n(3) The notice must be given—\n(a) by telephone; or\n(b) in writing.\nNote The written notice can be given by fax or email, see the Legislation Act,\npt 19.5.\n(4) A person giving notice by telephone must—\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\nwithin 48 hours of that requirement being made.\n(5) A written notice must be in a form, or contain the details, approved\nby the regulator.\nNote If a form is approved under s 277 for a written notice, the form must be\nused.\n(6) If the regulator receives a notice by telephone and a written notice is\nnot required, the regulator must give the person conducting the\nbusiness or undertaking—\n(a) details of the information received; or\n(b) an acknowledgment of receiving the notice.\n\n(7) A person conducting a business or undertaking must keep a record of\neach notifiable incident for at least 5 years from the day that notice of\nthe incident is given to the regulator under this section.\n(8) Despite anything else in this section, if a notifiable incident for which\nnotice is required to be given is reported in accordance with the\nDangerous Substances Act 2004, the reporting under that Act is taken\nto be adequate notice of the incident for the purposes of this Act.\n(9) For a sexual assault incident, the person conducting the business or\nundertaking—\n(a) need only give the following details about the incident:\n(i) the name and contact details of the person conducting the\nbusiness or undertaking;\n(ii) a description of the workplace where the incident\nhappened;\n(iii) whether or not the incident was reported to police; and\n(b) must not give information disclosing the identity of any person\ninvolved in the incident when notifying the regulator.\n","sortOrder":43},{"sectionNumber":"39","sectionType":"section","heading":"Duty to preserve incident sites and evidence","content":"39 Duty to preserve incident sites and evidence\n(1) The person with management or control of a workplace at which a\nnotifiable incident has occurred must, so far as reasonably\npracticable, ensure—\n(a) the site where the incident occurred is preserved until released\nby an inspector; and\n\n(b) evidence of the incident, including electronic and digital records\nand witness details, is preserved.\n(1A) To remove any doubt, an inspector may release the whole or any part\nof the site under subsection (1) (a).\n(2) In this section, a reference to a site includes any plant, substance,\nstructure or thing associated with the notifiable incident.\n(3) This section does not prevent any action—\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\nfurther 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.\n","sortOrder":44},{"sectionNumber":"39A","sectionType":"section","heading":"Person conducting business or undertaking and person","content":"39A Person conducting business or undertaking and person\nwith management or control of workplace to notify each\nother of notifiable incidents\n(1) A person with a duty under section 38 must, immediately after\nbecoming aware of the notifiable incident activating the duty, ensure\na person with a corresponding duty under section 39 is notified of the\nincident.\n\n(2) A person with a duty under section 39 must, immediately after\nbecoming aware of the notifiable incident activating the duty, ensure\na person with a corresponding duty under section 38 is notified of the\nincident.\n\n","sortOrder":45},{"sectionNumber":"40","sectionType":"section","heading":"Meaning of authorised—pt 4","content":"40 Meaning of authorised—pt 4\nauthorised means authorised by a licence, permit, registration or\nother authority (however described) as required by regulation.\n","sortOrder":46},{"sectionNumber":"41","sectionType":"section","heading":"Requirements for authorisation of workplaces","content":"41 Requirements for authorisation of workplaces\nA person must not conduct a business or undertaking at a workplace\nor direct or allow a worker to carry out work at a workplace if—\n(a) a regulation requires the workplace or workplaces in that class\nof workplace to be authorised; and\n(b) the workplace is not authorised in accordance with the\n","sortOrder":47},{"sectionNumber":"42","sectionType":"section","heading":"Requirements for authorisation of plant or substance","content":"42 Requirements for authorisation of plant or substance\n(1) A person must not use plant or a substance at a workplace if—\n(a) a regulation requires the plant or substance or its design to be\nauthorised; and\n(b) the plant or substance or its design is not authorised in\naccordance with the regulation.\n\nAuthorisations Part 4\nallow a worker to use the plant or substance at a workplace if—\n(a) a regulation requires the plant or substance or its design to be\nauthorised; and\n(b) the plant or substance or its design is not authorised in\naccordance with the regulation.\n","sortOrder":48},{"sectionNumber":"43","sectionType":"section","heading":"Requirements for authorisation of work","content":"43 Requirements for authorisation of work\n(1) A person must not carry out work at a workplace if—\nby, or on behalf of, a person who is authorised; and\n(b) the person, or the person on whose behalf the work is carried\nout, is not authorised in accordance with the regulation.\nallow a worker to carry out work at a workplace if—\nby, or on behalf of, a person who is authorised; and\n(b) the person, or the person on whose behalf the work is to be\ncarried out, is not authorised in accordance with the regulation.\n\n","sortOrder":49},{"sectionNumber":"44","sectionType":"section","heading":"Requirements for prescribed qualifications or experience","content":"44 Requirements for prescribed qualifications or experience\n(1) A person must not carry out work at a workplace if—\nby, or under the supervision of, a person who has prescribed\nqualifications or experience; and\n(b) the person does not have the prescribed qualifications or\nexperience or the work is not carried out under the supervision\nof a person who has the prescribed qualifications or experience.\nallow a worker to carry out work at a workplace if—\nby, or under the supervision of, a person who has prescribed\nqualifications or experience; and\n(b) the worker does not have the prescribed qualifications or\nexperience or the work is not carried out under the supervision\nof a person who has the prescribed qualifications or experience.\n","sortOrder":50},{"sectionNumber":"45","sectionType":"section","heading":"Requirement to comply with conditions of authorisation","content":"45 Requirement to comply with conditions of authorisation\nA person must comply with the conditions of any authorisation given\nto that person under a regulation.\n\nConsultation, cooperation and coordination between duty-holders Division 5.1\nPart 5 Consultation, representation and\nparticipation\nDivision 5.1 Consultation, cooperation and\ncoordination between duty-holders\n46 Duty to consult with other duty-holders\nIf more than one person has a duty in relation to the same matter under\nthis Act, each person with the duty must, so far as is reasonably\npracticable, consult, co-operate and co-ordinate activities with all\nother persons who have a duty in relation to the same matter.\n","sortOrder":51},{"sectionNumber":"47","sectionType":"section","heading":"Duty to consult workers","content":"47 Duty to consult workers\n(1) The person conducting a business or undertaking must, so far as is\nreasonably practicable, consult, in accordance with this division and\nthe regulation, with workers who carry out work for the business or\nundertaking who are, or are likely to be, directly affected by a matter\nrelating to work health or safety.\n(2) If the person conducting the business or undertaking and the workers\nhave agreed to procedures for consultation, the consultation must be\nin accordance with those procedures.\n\n(3) The agreed procedures must not be inconsistent with section 48.\n","sortOrder":52},{"sectionNumber":"48","sectionType":"section","heading":"Nature of consultation","content":"48 Nature of consultation\n(1) Consultation under this division requires—\n(a) that relevant information about the matter is shared with\nworkers; and\n(b) that workers be given a reasonable opportunity—\n(i) to express their views and to raise work health or safety\nissues in relation to the matter; and\n(ii) to contribute to the decision-making process relating to the\n(c) that the views of workers are taken into account by the person\nconducting the business or undertaking; and\n(d) that the workers consulted are advised of the outcome of the\nconsultation in a timely manner.\n(2) If the workers are represented by a health and safety representative,\nthe consultation must involve that representative.\n","sortOrder":53},{"sectionNumber":"49","sectionType":"section","heading":"When consultation is required","content":"49 When consultation is required\nConsultation under this division is required in relation to the\nfollowing health and safety matters:\n(a) when identifying hazards and assessing risks to health and safety\narising from the work carried out or to be carried out by the\nbusiness or undertaking;\n(b) when making decisions about ways to eliminate or minimise\nthose risks;\n(c) when making decisions about the adequacy of facilities for the\nwelfare of workers;\n\n(d) when proposing changes that may affect the health or safety of\nworkers;\n(e) when making decisions about the procedures for—\n(i) consulting with workers; or\n(ii) resolving work health or safety issues at the workplace; or\n(iii) monitoring the health of workers; or\n(iv) monitoring the conditions at any workplace under the\nmanagement or control of the person conducting the\nbusiness or undertaking; or\n(v) providing information and training for workers;\n(f) when carrying out any other activity prescribed by regulation for\nthe purposes of this section.\n","sortOrder":54},{"sectionNumber":"Subdiv 5","sectionType":"subdivision","heading":"3.1A Definitions","content":"Subdivision 5.3.1A Definitions\n","sortOrder":55},{"sectionNumber":"49A","sectionType":"section","heading":"Meaning of major construction project—pt 5","content":"49A Meaning of major construction project—pt 5\n(1) For this part, a major construction project is a project involving\nconstruction work with a contract price that is more than—\n(a) $5 000 000; or\n(b) if a regulation prescribes another amount—the prescribed\namount.\n(2) However, a major construction project does not include a project in\nwhich construction work involves only the construction of a single\ndwelling house.\nconstruction work—see the Work Health and Safety\nRegulation 2011, dictionary.\n\ncontract price, for a major construction project—\n(a) means the contract price agreed with the principal contractor\nbefore work starts on the project; but\n(b) does not include any variations to the contract price made\nduring the project.\n","sortOrder":56},{"sectionNumber":"49B","sectionType":"section","heading":"Meaning of principal contractor—pt 5","content":"49B Meaning of principal contractor—pt 5\n(1) In this part, a person conducting a business or undertaking that\ncommissions a major construction project is, subject to this section,\nthe principal contractor for the project.\n(2) If the person mentioned in subsection (1) engages another person\nconducting a business or undertaking as principal contractor for the\nmajor construction project and authorises the person to have\nmanagement or control of the workplace and to discharge the duties\nof a principal contractor under this division, the person so engaged\nis the principal contractor for the project.\n(3) A construction project has only 1 principal contractor at any specific\ntime.\nNote A person with management or control of a workplace must comply with\ns 20.\n","sortOrder":57},{"sectionNumber":"49C","sectionType":"section","heading":"Meaning of eligible union—div 5.3","content":"49C Meaning of eligible union—div 5.3\n(1) In this division:\neligible union, for a major construction project, means a registered\nemployee association that is eligible to represent the industrial\ninterests of 1 or more workers carrying out work in connection with\nthe project.\n(2) In this section:\nregistered employee association—see the Fair Work Act 2009\n(Cwlth), section 12.\n\nSubdivision 5.3.1 Request for election of health and safety\n","sortOrder":58},{"sectionNumber":"50","sectionType":"section","heading":"Request for election of health and safety representative","content":"50 Request for election of health and safety representative\nA worker who carries out work for a business or undertaking may ask\nthe person conducting the business or undertaking to facilitate the\nconduct of an election for 1 or more health and safety representatives\nto represent workers who carry out work for the business or\n","sortOrder":59},{"sectionNumber":"50A","sectionType":"section","heading":"Consultation with eligible unions—major construction","content":"50A Consultation with eligible unions—major construction\nproject\n(2) The principal contractor for the major construction project must,\nbefore work on the project commences, consult with each eligible\nunion for the project about the following:\nby health and safety representatives on the major construction\nproject;\nhealth and safety representatives (if any) to be elected;\n(c) anything else prescribed by regulation.\n(3) Subsection (2) does not apply if the regulator has, under\nsection 50B, exempted the principal contractor from complying with\nthis section.\n\n(4) For the purposes of subsection (2), the principal contractor must give\neach eligible union written notice of the major construction project\nand the requirement to consult with the union about the matters\nmentioned in subsection (2).\nNote For how documents may be given, see the Legislation Act, pt 19.5.\n(5) The notice must include a statement that, if the eligible union wants\nto participate in the consultation, the union must respond, in writing,\nto the notice not later than 14 days after receiving the notice.\n(6) The principal contractor is taken to have consulted with an eligible\nunion if—\n(a) the principal contractor gives the eligible union a notice under\nsubsection (4); and\n(b) the union fails to respond to the notice within the time\nmentioned in subsection (5).\n(7) To remove any doubt, this section does not give an eligible union a\nright of entry to the workplace.\n","sortOrder":60},{"sectionNumber":"50B","sectionType":"section","heading":"Exemption from certain requirements under this part","content":"50B Exemption from certain requirements under this part\n(1) On application by the principal contractor for a major construction\nproject, the regulator may, by written notice, exempt the principal\ncontractor from complying with 1 or more of the following sections:\n(a) section 50A;\n(b) section 50C;\n(c) section 52 (2) (a) (Negotiations for agreement for work group);\n(d) section 72A (Obligation to train health and safety\nrepresentatives—major construction project);\n(e) a regulation under section 75 (Health and safety committees)\nrequiring the principal contractor to establish a health and\nsafety committee;\n\n(f) section 79A (Obligation to train health and safety committee\nmembers—major construction project).\n(2) The exemption is subject to the conditions stated in the notice of\nexemption.\n(3) The regulator may issue guidelines in relation to the matters that\nmay be taken into account when deciding whether to exempt the\nprincipal contractor for a major construction project from complying\nwith section 50A.\n(4) A guideline is a notifiable instrument.\n","sortOrder":61},{"sectionNumber":"50C","sectionType":"section","heading":"Election of health and safety representatives—major","content":"50C Election of health and safety representatives—major\nconstruction project\n(2) The principal contractor for the major construction project must,\nwhen work starts at the project, facilitate the conduct of an election\nof 1 or more health and safety representatives to represent workers\nwho carry out work for the project.\nSubdivision 5.3.2 Determination of work groups\n","sortOrder":62},{"sectionNumber":"51","sectionType":"section","heading":"Determination of work groups","content":"51 Determination of work groups\n(1) This section applies if—\n(a) a request is made under section 50 (Request for election of\nhealth and safety representative); or\n(b) the principal contractor for a major construction project is\nrequired, under section 50C (2), to facilitate the conduct of an\nelection.\n(1A) The person conducting the business or undertaking, or the principal\ncontractor, must facilitate the determination of 1 or more work\ngroups of workers.\n\n(2) The purpose of determining a work group is to facilitate the\nrepresentation of workers in the work group by 1 or more health and\nsafety representatives.\n(3) A work group may be determined for workers at 1 or more\nworkplaces.\n","sortOrder":63},{"sectionNumber":"52","sectionType":"section","heading":"Negotiations for agreement for work group","content":"52 Negotiations for agreement for work group\n(1) A work group is to be determined by negotiation and agreement\nbetween—\n(a) the person conducting the business or undertaking; and\n(b) the workers who are proposed to form the work group or their\nrepresentatives.\n(2) The person conducting the business or undertaking must take all\nreasonable steps to commence negotiations with the workers—\n(a) for a major construction project—when work on the project\ncommences; or\n(b) in any other case—within 14 days after the day a request is\nmade under section 50 (Request for election of health and\nsafety representative).\n(3) The purpose of the negotiations is to determine—\nby health and safety representatives; and\nhealth and safety representatives (if any) to be elected; and\n(c) the workplace or workplaces to which the work groups will\napply.\n(4) The parties to an agreement concerning the determination of a work\ngroup or groups may, at any time, negotiate a variation of the\n\n(5) The person conducting the business or undertaking must, if asked by\na worker, negotiate with the worker’s representative in negotiations\nunder this section (including negotiations for a variation of an\nagreement) and must not exclude the representative from those\nnegotiations.\n(6) A regulation may prescribe the matters that must be taken into\naccount in negotiations for, and determination of, work groups and\nvariations of agreements concerning work groups.\n(7) In this section:\nperson conducting a business or undertaking includes the principal\ncontractor for a major construction project.\n","sortOrder":64},{"sectionNumber":"53","sectionType":"section","heading":"Notice to workers","content":"53 Notice to workers\n(1) The person conducting a business or undertaking involved in\nnegotiations to determine a work group must, as soon as practicable\noutcome of the negotiations and of any work groups determined by\n\n(2) The person conducting a business or undertaking involved in\nnegotiations for the variation of an agreement concerning the\ndetermination of a work group or groups must, as soon as practicable\noutcome of the negotiations and of the variation (if any) to the\n","sortOrder":65},{"sectionNumber":"54","sectionType":"section","heading":"Failure of negotiations","content":"54 Failure of negotiations\n(1) If there is a failure of negotiations (including negotiations concerning\nthe variation of an agreement), any person who is or would be a party\nto the negotiations may ask the regulator to appoint an inspector for\nthe purposes of this section.\n(2) An inspector appointed under subsection (1) may decide—\n(a) the matters referred to in section 52 (3) (Negotiations for\nagreement for work group) or any of those matters which is the\nsubject of the proposed variation (as the case requires); or\n(b) that work groups should not be determined or that the agreement\nshould not be varied (as the case requires).\n(3) For the purposes of this section, there is a failure of negotiations if—\n(a) the person conducting the business or undertaking has not\ntaken all reasonable steps to commence negotiations with the\nworkers and negotiations have not commenced—\n(i) for a major construction project—when work on the\nproject commences; or\n(ii) within 14 days after the day a request is made under section\n50 (Request for election of health and safety\nrepresentative); or\n\n(iii) within 14 days after the day a party to the agreement\nrequests the variation of the agreement; or\n(b) agreement cannot be reached on a matter relating to the\ndetermination of a work group (or the variation of an agreement\nconcerning a work group) within a reasonable time after\nnegotiations commence.\n(4) A decision under this section is taken to be an agreement under\nsection 52.\n(5) In this section:\nperson conducting a business or undertaking includes the principal\ncontractor for a major construction project.\nSubdivision 5.3.3 Multiple-business work groups\n","sortOrder":66},{"sectionNumber":"55","sectionType":"section","heading":"Determination of work groups of multiple businesses","content":"55 Determination of work groups of multiple businesses\n(1) Work groups may be determined for workers carrying out work for\n2 or more persons conducting businesses or undertakings at 1 or more\nworkplaces.\nNote For a major construction project to which s 50A applies, the principal\ncontractor for the project must consult with the eligible unions for the\nproject before work commences on the project (see s 50A (2)).\n(2) The particulars of the work groups are to be determined by\nnegotiation and agreement, in accordance with section 56, between\neach of the persons conducting the businesses or undertakings and the\nworkers.\n(3) The parties to an agreement concerning the determination of a work\ngroup or groups may, at any time, negotiate a variation of the\n\n(4) The determination of 1 or more work groups under this subdivision\ndoes not—\n(a) prevent the determination under this subdivision or\nsubdivision 5.3.2 (Determination of work groups) of any other\nwork group of the workers concerned; or\n(b) affect any work groups of those workers that have already been\ndetermined under this subdivision or subdivision 5.3.2.\n","sortOrder":67},{"sectionNumber":"56","sectionType":"section","heading":"Negotiation of agreement for work groups of multiple","content":"56 Negotiation of agreement for work groups of multiple\nbusinesses\n(1) Negotiations concerning work groups under this subdivision must be\ndirected only at the following:\nby health and safety representatives;\nhealth and safety representatives (if any) for each work group;\n(c) the workplace or workplaces to which the work groups will\napply;\n(d) the businesses or undertakings to which the work groups will\napply.\n(2) A person conducting a business or undertaking must, if asked by a\nworker, negotiate with the worker’s representative in negotiations\nunder this section (including negotiations for a variation of an\nagreement) and must not exclude the representative from those\nnegotiations.\n\n(3) If agreement cannot be reached on a matter relating to the\ndetermination of a work group (or a variation of an agreement) within\na reasonable time after negotiations commence under this\nsubdivision, any party to the negotiations may ask the regulator to\nappoint an inspector to assist the negotiations in relation to that\nmatter.\n(4) A regulation may prescribe the matters that must be taken into\naccount in negotiations for and determination of work groups and\nvariations of agreements.\n","sortOrder":68},{"sectionNumber":"57","sectionType":"section","heading":"Notice to workers","content":"57 Notice to workers\n(1) A person conducting a business or undertaking involved in\nnegotiations to determine a work group must, as soon as practicable\noutcome of the negotiations and of any work groups determined by\n(2) A person conducting a business or undertaking involved in\nnegotiations for the variation of an agreement concerning the\ndetermination of a work group or groups must, as soon as practicable\noutcome of the negotiations and of the variation (if any) to the\n\n","sortOrder":69},{"sectionNumber":"58","sectionType":"section","heading":"Withdrawal from negotiations or agreement involving","content":"58 Withdrawal from negotiations or agreement involving\nmultiple businesses\n(1) A party to a negotiation for an agreement, or to an agreement,\nconcerning a work group under this subdivision may withdraw from\nthe negotiation or agreement at any time by giving reasonable notice\n(in writing) to the other parties.\n(2) If a party withdraws from an agreement concerning a work group\nunder this subdivision—\n(a) the other parties must negotiate a variation to the agreement in\naccordance with section 56 (Negotiation of agreement for work\ngroups of multiple businesses); and\n(b) the withdrawal does not affect the validity of the agreement\nbetween the other parties in the meantime.\n","sortOrder":70},{"sectionNumber":"59","sectionType":"section","heading":"Effect of subdivision on other arrangements","content":"59 Effect of subdivision on other arrangements\nTo avoid doubt, nothing in this subdivision affects the capacity of 2 or\nmore persons conducting businesses or undertakings and their\nworkers to enter into other agreements or make other arrangements,\nin addition to complying with this part, concerning the representation\nof those workers.\n\nSubdivision 5.3.4 Election of health and safety\n","sortOrder":71},{"sectionNumber":"60","sectionType":"section","heading":"Eligibility to be elected","content":"60 Eligibility to be elected\nA worker is—\n(a) eligible to be elected as a health and safety representative for a\nwork group only if he or she is a member of that work group;\nand\n(b) not eligible to be elected as a health and safety representative if\nhe or she is disqualified under section 65 (Disqualification of\nhealth and safety representatives) from being a health and safety\n","sortOrder":72},{"sectionNumber":"61","sectionType":"section","heading":"Procedure for election of health and safety","content":"61 Procedure for election of health and safety\n(1) The workers in a work group may determine how an election of a\nhealth and safety representative for the work group is to be conducted.\n(2) However, an election must comply with the procedures (if any)\nprescribed by regulation.\n(3) If a majority of the workers in a work group so determine, the election\nmay be conducted with the assistance of a union or other person or\norganisation.\n(4) The person conducting the business or undertaking to which the work\ngroup relates must provide any resources, facilities and assistance that\nare reasonably necessary or are prescribed by regulation to enable\nelections to be conducted.\n\n","sortOrder":73},{"sectionNumber":"62","sectionType":"section","heading":"Eligibility to vote","content":"62 Eligibility to vote\n(1) A health and safety representative for a work group is to be elected\nby members of that work group.\n(2) All workers in a work group are entitled to vote for the election of a\nhealth and safety representative for that work group.\n","sortOrder":74},{"sectionNumber":"63","sectionType":"section","heading":"When election not required","content":"63 When election not required\nIf the number of candidates for election as a health and safety\nrepresentative for a work group equals the number of vacancies, the\nelection need not be conducted and each candidate is to be taken to\nhave been elected as a health and safety representative for the work\ngroup.\n","sortOrder":75},{"sectionNumber":"64","sectionType":"section","heading":"Term of office of health and safety representative","content":"64 Term of office of health and safety representative\n(1) A health and safety representative for a work group holds office for\n3 years.\n(2) However, a person ceases to hold office as a health and safety\nrepresentative for a work group if—\n(a) the person resigns as a health and safety representative for the\nwork group by written notice given to the person conducting the\nrelevant business or undertaking; or\n(b) the person ceases to be a worker in the work group for which he\nor she was elected as a health and safety representative; or\n(c) the person is disqualified under section 65 (Disqualification of\nhealth and safety representatives) from acting as a health and\nsafety representative; or\n(d) the person is removed from that position by a majority of the\nmembers of the work group in accordance with the regulation.\n(3) A health and safety representative is eligible for re-election.\n\n","sortOrder":76},{"sectionNumber":"65","sectionType":"section","heading":"Disqualification of health and safety representatives","content":"65 Disqualification of health and safety representatives\n(1) An application may be made to the Magistrates Court to disqualify a\nhealth and safety representative on the ground that the representative\nhas—\n(a) exercised a power or performed a function as a health and safety\nrepresentative for an improper purpose; or\n(b) used or disclosed any information he or she acquired as a health\nand safety representative for a purpose other than in connection\nwith the role of health and safety representative.\n(2) The following persons may make an application under this section:\n(a) any person adversely affected by—\n(i) the exercise of a power or the performance of a function\nreferred to in subsection (1) (a); or\n(ii) the use or disclosure of information referred to in\nsubsection (1) (b);\n(b) the regulator.\n(3) If the court is satisfied that a ground in subsection (1) is made out, the\ncourt may disqualify the health and safety representative for a\nspecified period or indefinitely.\n","sortOrder":77},{"sectionNumber":"66","sectionType":"section","heading":"Immunity of health and safety representatives","content":"66 Immunity of health and safety representatives\nA health and safety representative is not personally liable for anything\ndone or omitted to be done in good faith—\n(a) in exercising a power or performing a function under this Act;\nor\n\n(b) in the reasonable belief that the thing was done, or omitted to be\ndone, in the exercise of a power or the performance of a function\nunder this Act.\n","sortOrder":78},{"sectionNumber":"67","sectionType":"section","heading":"Deputy health and safety representatives","content":"67 Deputy health and safety representatives\n(1) Each deputy health and safety representative for a work group is to\nbe elected in the same way as a health and safety representative for\nthe work group.\n(2) If the health and safety representative for a work group ceases to hold\noffice or is unable (because of absence or any other reason) to\nexercise the powers or perform the functions of a health and safety\nrepresentative under this Act—\n(a) the powers and functions may be exercised or performed by a\ndeputy health and safety representative for the work group; and\n(b) this Act applies in relation to the deputy health and safety\nrepresentative as if he or she were the health and safety\n(3) Section 64 (Term of office of health and safety representative),\nsection 65 (Disqualification of health and safety representatives),\nsection 66 (Immunity of health and safety representatives) and\nsection 72 (Obligation to train health and safety representatives)\napply to deputy health and safety representatives in the same way as\nthey apply to health and safety representatives.\n\nSubdivision 5.3.5 Powers and functions of health and\nsafety representatives\n","sortOrder":79},{"sectionNumber":"68","sectionType":"section","heading":"Powers and functions of health and safety","content":"68 Powers and functions of health and safety\n(1) The powers and functions of a health and safety representative for a\nwork group are—\n(a) to represent the workers in the work group in matters relating to\nwork health and safety; and\n(b) to monitor the measures taken by the person conducting the\nrelevant business or undertaking, or that person’s representative,\nin compliance with this Act in relation to workers in the work\ngroup; and\n(c) to investigate complaints from members of the work group\nrelating to work health and safety; and\n(d) to inquire into anything that appears to be a risk to the health or\nsafety of workers in the work group, arising from the conduct of\nthe business or undertaking.\nNote A provision of a law that gives a person a function also gives the person\npowers necessary and convenient to exercise the function (see Legislation\nAct, s 196).\n(2) In exercising a power or performing a function, the health and safety\nrepresentative may—\n(a) inspect the workplace or any part of the workplace at which a\nworker in the work group works—\n(i) at any time after giving reasonable notice to the person\nconducting the business or undertaking at that workplace;\nand\n\n(ii) at any time, without notice, in the event of an incident, or\nany situation involving a serious risk to the health or safety\nof a person emanating from an immediate or imminent\nexposure to a hazard; and\n(b) accompany an inspector during an inspection of the workplace,\nor part of the workplace, at which a worker in the work group\nworks; and\n(c) with the consent of a worker that the health and safety\nrepresentative represents, be present at an interview concerning\nwork health and safety between the worker and—\n(d) with the consent of 1 or more workers that the health and safety\nrepresentative represents, be present at an interview concerning\nwork health and safety between a group of workers, which\nincludes the workers who gave the consent, and—\n(e) request the establishment of a health and safety committee; and\n(f) receive information concerning the work health and safety of\nworkers in the work group; and\n(g) whenever necessary, request the assistance of any person.\nNote A health and safety representative also has power under div 5.6 to direct\nwork to cease in certain circumstances and under div 5.7 to issue\nprovisional improvement notices.\n\n(3) Despite subsection (2) (f), a health and safety representative is not\nentitled to have access to any personal or medical information\nconcerning a worker without the worker’s consent unless the\ninformation is in a form that—\n(4) Nothing in this Act imposes, or is taken to impose, a duty on a health\nand safety representative in that capacity.\n","sortOrder":80},{"sectionNumber":"69","sectionType":"section","heading":"Powers and functions generally limited to the particular","content":"69 Powers and functions generally limited to the particular\nwork group\n(1) A health and safety representative for a work group may exercise\npowers and perform functions under this Act only in relation to\nmatters that affect, or may affect, workers in that group.\n(2) Subsection (1) does not apply if—\n(a) there is a serious risk to health or safety emanating from an\nimmediate or imminent exposure to a hazard that affects or may\naffect a member of another work group; or\n(b) a member of another work group asks for the representative’s\nassistance,\nand the health and safety representative (and any deputy health and\nsafety representative) for that other work group is found, after\nreasonable inquiry, to be unavailable.\n\nanother work group means another work group of workers carrying\nout work for a business or undertaking to which the work group that\nthe health and safety representative represents relates.\nSubdivision 5.3.6 Obligations of person conducting\nbusiness or undertaking to health and\nsafety representatives\n","sortOrder":81},{"sectionNumber":"70","sectionType":"section","heading":"General obligations of person conducting business or","content":"70 General obligations of person conducting business or\nundertaking\n(1) The person conducting a business or undertaking must—\n(a) consult, so far as is reasonably practicable, on work health and\nsafety matters with any health and safety representative for a\nwork group of workers carrying out work for the business or\n(b) confer with a health and safety representative for a work group,\nwhenever reasonably requested by the representative, for the\npurpose of ensuring the health and safety of the workers in the\nwork group; and\n(c) allow any health and safety representative for the work group to\nhave access to information that the person has relating to—\n(i) hazards (including associated risks) at the workplace\naffecting workers in the work group; and\n(ii) the health and safety of the workers in the work group; and\n\n(d) with the consent of a worker that the health and safety\nrepresentative represents, allow the health and safety\nrepresentative to be present at an interview concerning work\nhealth and safety between the worker and—\n(e) with the consent of 1 or more workers that the health and safety\nrepresentative represents, allow the health and safety\nrepresentative to be present at an interview concerning work\nhealth and safety between a group of workers, which includes\nthe workers who gave the consent, and—\n(f) provide any resources, facilities and assistance to a health and\nsafety representative for the work group that are reasonably\nnecessary or prescribed by regulation to enable the\nrepresentative to exercise his or her powers or perform his or her\nfunctions under this Act; and\n(g) allow a person assisting a health and safety representative for\nthe work group to have access to the workplace if that is\nnecessary to enable the assistance to be provided; and\n(h) permit a health and safety representative for the work group to\naccompany an inspector during an inspection of any part of the\nworkplace where a worker in the work group works; and\n\n(i) provide any other assistance to the health and safety\nrepresentative for the work group that may be required by\n(2) The person conducting a business or undertaking must allow a health\nand safety representative to spend such time as is reasonably\nnecessary to exercise his or her powers and perform his or her\nfunctions under this Act.\n(3) Any time that a health and safety representative spends for the\npurposes of exercising his or her powers or performing his or her\nfunctions under this Act must be with the pay that he or she would\notherwise be entitled to receive for performing his or her normal\nduties during that period.\n","sortOrder":82},{"sectionNumber":"71","sectionType":"section","heading":"Exceptions from obligations under s 70 (1)","content":"71 Exceptions from obligations under s 70 (1)\n(1) This section applies despite section 70 (1).\n(2) The person conducting a business or undertaking must not allow a\nhealth and safety representative to have access to any personal or\nmedical information concerning a worker without the worker’s\nconsent unless the information is in a form that—\n\n(3) The person conducting a business or undertaking is not required to\ngive financial assistance to a health and safety representative for the\npurpose of the assistance referred to in section 70 (1) (g).\n(4) The person conducting a business or undertaking is not required to\nallow a person assisting a health and safety representative for a work\ngroup to have access to the workplace—\n(a) if the assistant has had his or her WHS entry permit revoked; or\n(b) during any period that—\n(i) the assistant’s WHS entry permit is suspended; or\n(ii) the assistant is disqualified from holding a WHS entry\n(5) The person conducting a business or undertaking may refuse on\nreasonable grounds to grant access to the workplace to a person\nassisting a health and safety representative for a work group.\n(6) If access is refused to a person assisting a health and safety\nrepresentative under subsection (5), the health and safety\nrepresentative may ask the regulator to appoint an inspector to assist\nin resolving the matter.\n","sortOrder":83},{"sectionNumber":"72","sectionType":"section","heading":"Obligation to train health and safety representatives","content":"72 Obligation to train health and safety representatives\n(1) The person conducting a business or undertaking must, if requested\nby a health and safety representative for a work group for that\nbusiness or undertaking, allow the health and safety representative to\nattend a course of training in work health and safety that is—\n\n(b) a course that the health and safety representative is entitled\nunder the regulation to attend; and\n(c) chosen by the health and safety representative.\n(2) The person conducting the business or undertaking must—\nrequest is made, allow the health and safety representative time\noff work to attend the course of training; and\nwith the health and safety representative’s attendance at the\ncourse of training.\n(3) If—\n(a) a health and safety representative represents a work group of the\nworkers of more than 1 business or undertaking; and\n(b) the person conducting any of those businesses or undertakings\nhas complied with this section in relation to the representative,\neach of the persons conducting those businesses or undertakings is to\nbe taken to have complied with this section in relation to the\n(4) Any time that a health and safety representative is given off work to\nattend the course of training must be with the pay that he or she would\notherwise be entitled to receive for performing his or her normal\nduties during that period.\n(5) If agreement cannot be reached between the person conducting the\nbusiness or undertaking and the health and safety representative\nwithin the time required by subsection (2) about a matter mentioned\nin subsection (2), either party may ask the regulator to appoint an\ninspector to decide the matter.\n\n(7) A person conducting a business or undertaking must allow a health\nand safety representative to attend a course decided by the inspector\nand pay the costs decided by the inspector under subsection (6).\n(8) This section does not apply to a workplace to which section 72A\napplies.\n","sortOrder":84},{"sectionNumber":"72A","sectionType":"section","heading":"Obligation to train health and safety representatives—","content":"72A Obligation to train health and safety representatives—\nmajor construction project\n(2) The principal contractor for the major construction project must\nensure the health and safety representative for the project attends a\ncourse of training in work health and safety that is—\n(b) a course that the health and safety representative is entitled\nunder the regulation to attend; and\n(c) subject to subsection (6), chosen by the health and safety\nrepresentative, in consultation with the principal contractor.\n(3) The principal contractor must—\nday the health and safety representative is elected, ensure the\nhealth and safety representative has time off work to attend the\ncourse of training; and\nwith the health and safety representative’s attendance at the\ncourse of training.\n\n(4) Any time that a health and safety representative is given off work to\nattend the course of training must be with the pay that he or she\nwould otherwise be entitled to receive for performing his or her\nnormal duties during that period.\n(5) If agreement cannot be reached between the principal contractor for\nthe major construction project and the health and safety representative\nwithin the time required by subsection (3) as to the matters set out in\nsubsections (2) (c) and (3), either party may ask the regulator to\nappoint an inspector to decide the matter.\n(7) The principal contractor for the major construction project must\nensure the health and safety representative attends a course decided\nby the inspector and pay the costs decided by the inspector under\nsubsection (6).\n(8) Subsection (7) does not apply if the regulator has, under section 50B\n(Exemption from certain requirements under this part), exempted\nthe principal contractor from complying with this section.\n","sortOrder":85},{"sectionNumber":"73","sectionType":"section","heading":"Obligation to share costs if multiple businesses or","content":"73 Obligation to share costs if multiple businesses or\nundertakings\n(1) If a health and safety representative, or deputy health and safety\nrepresentative (if any), represents a work group of workers carrying\nout work for 2 or more persons conducting businesses or\nundertakings—\n(a) the costs of the representative exercising powers and performing\nfunctions under this Act; and\n\n(b) the costs referred to in section 72 (2) (b) or section 72A (3) (b),\nfor which any of the persons conducting those businesses or\nundertakings are liable must be apportioned equally between each of\nthose persons unless they agree otherwise.\n(2) An agreement to apportion the costs in another way may be varied at\nany time by negotiation and agreement between each of the persons\nconducting the businesses or undertakings.\n","sortOrder":86},{"sectionNumber":"74","sectionType":"section","heading":"List of health and safety representatives","content":"74 List of health and safety representatives\n(1) A person conducting a business or undertaking must ensure that—\n(a) a list of each health and safety representative and deputy health\nand safety representative (if any) for each work group of\nworkers carrying out work for the business or undertaking is\nprepared and kept up to date; and\n(b) a copy of the up-to-date list is displayed—\n(i) at the principal place of business of the business or\n(ii) at any other workplace that is appropriate taking into\naccount the constitution of the relevant work group or work\ngroups,\nin a manner that is readily accessible to workers in the relevant\nwork group or work groups.\n(2) A person conducting a business or undertaking must provide a copy\nof the up-to-date list prepared under subsection (1) to the regulator as\nsoon as practicable after it is prepared.\n\n","sortOrder":87},{"sectionNumber":"75","sectionType":"section","heading":"Health and safety committees","content":"75 Health and safety committees\n(1) The person conducting a business or undertaking at a workplace must\nestablish a health and safety committee for the business or\nundertaking or part of the business or undertaking—\n(a) within 2 months after being requested to do so by—\n(i) a health and safety representative for a work group of\nworkers carrying out work at that workplace; or\n(ii) 5 or more workers at that workplace; or\n(b) if required by regulation to do so, within the time prescribed by\n(2) A person conducting a business or undertaking at a workplace may\nestablish a health and safety committee for the workplace or part of\nthe workplace on the person’s own initiative.\nNote If a health and safety committee is not required to be established, other\nconsultation procedures can be established for a workplace—see div 5.2.\n","sortOrder":88},{"sectionNumber":"76","sectionType":"section","heading":"Constitution of committee","content":"76 Constitution of committee\n(1) Subject to subsections (2) to (4A), the constitution of a health and\nsafety committee may be agreed between the person conducting the\nbusiness or undertaking and the workers at the workplace.\n(2) If there is a health and safety representative at a workplace, that\nrepresentative, if he or she consents, is a member of the committee.\n(3) If there are 2 or more health and safety representatives at a workplace,\nthose representatives may choose 1 or more of their number (who\nconsent) to be members of the committee.\n\nHealth and safety committees Division 5.4\n(4) At least half of the members of the committee must be workers who\nare not nominated by the person conducting the business or\n(4A) If the committee is established by the principal contractor for a major\nconstruction project, at least half the members of the committee must\nbe workers carrying out work on the project.\n(5) If agreement is not reached under this section within a reasonable\ntime, any party may ask the regulator to appoint an inspector to decide\nthe matter.\n(6) An inspector appointed on a request under subsection (5) may decide\nthe constitution of the health and safety committee or that the\ncommittee should not be established.\n(7) A decision of an inspector under this section is taken to be an\nagreement under this section between the parties.\n","sortOrder":89},{"sectionNumber":"77","sectionType":"section","heading":"Functions of committee","content":"77 Functions of committee\nThe functions of a health and safety committee are—\n(a) to facilitate cooperation between the person conducting a\nbusiness or undertaking and workers in instigating, developing\nand carrying out measures designed to ensure the workers’\nhealth and safety at work; and\n(b) to assist in developing standards, rules and procedures relating\nto health and safety that are to be followed or complied with at\nthe workplace; and\n(c) any other functions prescribed by regulation or agreed between\nthe person conducting the business or undertaking and the\ncommittee.\n\n","sortOrder":90},{"sectionNumber":"78","sectionType":"section","heading":"Meetings of committee","content":"78 Meetings of committee\nA health and safety committee must meet—\n(a) at least once every 3 months; and\n(b) at any reasonable time at the request of at least half of the\nmembers of the committee.\n","sortOrder":91},{"sectionNumber":"79","sectionType":"section","heading":"Duties of person conducting business or undertaking","content":"79 Duties of person conducting business or undertaking\n(1) A person conducting a business or undertaking must allow each\nmember of the health and safety committee to spend the time that is\nreasonably necessary to attend meetings of the committee or to carry\nout functions as a member of the committee.\n(2) Any time that a member of a health and safety committee spends for\nthe purposes set out in subsection (1) must be with such pay as he or\nshe would otherwise be entitled to receive for performing his or her\nnormal duties during that period.\n(3) A person conducting a business or undertaking must allow the health\nand safety committee for a workplace to have access to information\nthat the person has relating to—\n(a) hazards (including associated risks) at the workplace; and\n(b) the health and safety of the workers at the workplace.\n\nHealth and safety committees Division 5.4\n(4) Despite subsection (3), a person conducting a business or undertaking\nmust not allow the health and safety committee to have access to any\npersonal or medical information concerning a worker without the\nworker’s consent unless the information is in a form that—\n","sortOrder":92},{"sectionNumber":"79A","sectionType":"section","heading":"Obligation to train health and safety committee","content":"79A Obligation to train health and safety committee\nmembers—major construction project\n(2) The principal contractor for the major construction project must\nensure the members of the health and safety committee for the major\nconstruction project attend a course of training in work health and\nsafety that is—\n(b) a course that the members are entitled under the regulation to\nattend; and\n(c) subject to subsection (6), chosen by the health and safety\ncommittee, in consultation with the principal contractor.\n(3) The principal contractor for the major construction project must—\nday the health and safety committee is constituted, ensure\nmembers of the health and safety committee have time off\nwork to attend the course of training; and\nwith each member’s attendance at the course of training.\n\n(4) Any time that a member of a health and safety committee is given\noff work to attend the course of training must be with the pay that he\nor she would otherwise be entitled to receive for performing his or\nher normal duties during that period.\n(5) If agreement cannot be reached between the principal contractor for\nthe major construction project and the health and safety committee\nwithin the time required by subsection (3) as to the matters set out in\nsubsections (2) (c) and (3), either party may ask the regulator to\nappoint an inspector to decide the matter.\n(7) The principal contractor for the major construction project must\nensure the members of the health and safety committee attend a\ncourse decided by the inspector and pay the costs decided by the\ninspector under subsection (6).\n(8) Subsection (7) does not apply if the regulator has, under section 50B\n(Exemption from certain requirements under this part), exempted the\nprincipal contractor from complying with this section.\n","sortOrder":93},{"sectionNumber":"80","sectionType":"section","heading":"Parties to an issue","content":"80 Parties to an issue\n(1) In this division:\nparties, in relation to an issue, means the following:\n(a) the person conducting the business or undertaking or the\nperson’s representative;\n(b) if the issue involves more than 1 business or undertaking—the\nperson conducting each business or undertaking or the person’s\nrepresentative;\n\nIssue resolution Division 5.5\n(c) if the worker or workers affected by the issue are in a work\ngroup—the health and safety representative for that work group\nor his or her representative;\n(d) if the worker or workers affected by the issue are not in a work\ngroup—the worker or workers or their representative.\n(2) A person conducting a business or undertaking must ensure that the\nperson’s representative (if any) for the purposes of this division—\n(a) is not a health and safety representative; and\n(b) has an appropriate level of seniority, and is sufficiently\ncompetent, to act as the person’s representative.\n","sortOrder":94},{"sectionNumber":"81","sectionType":"section","heading":"Resolution of health and safety issues","content":"81 Resolution of health and safety issues\n(1) This section applies if a matter about work health and safety arises at\na workplace or from the conduct of a business or undertaking and the\nmatter is not resolved after discussion between the parties to the issue.\n(2) The parties must make reasonable efforts to achieve a timely, final\nand effective resolution of the issue in accordance with the relevant\nagreed procedure, or if there is no agreed procedure, the default\nprocedure prescribed by regulation.\n(3) A representative of a party to an issue may enter the workplace for\nthe purpose of attending discussions with a view to resolving the\nissue.\n","sortOrder":95},{"sectionNumber":"82","sectionType":"section","heading":"Referral of issue to regulator for resolution by inspector","content":"82 Referral of issue to regulator for resolution by inspector\n(1) This section applies if an issue has not been resolved after reasonable\nefforts have been made to achieve an effective resolution of the issue.\n(2) A party to the issue may ask the regulator to appoint an inspector to\nattend the workplace to assist in resolving the issue.\n\n(3) A request to the regulator under this section does not prevent—\n(a) a worker from exercising the right under division 5.6 to cease\nwork; or\n(b) a health and safety representative from issuing a provisional\nimprovement notice or a direction under division 5.6 to cease\nwork.\n(4) On attending a workplace under this section, an inspector may\nexercise any of the inspector’s compliance powers under this Act in\nrelation to the workplace.\n","sortOrder":96},{"sectionNumber":"Div 5","sectionType":"division","heading":"6 Right to cease or direct cessation of","content":"Division 5.6 Right to cease or direct cessation of\nunsafe work\n","sortOrder":97},{"sectionNumber":"83","sectionType":"section","heading":"Definition of cease work under this division","content":"83 Definition of cease work under this division\ncease work under this division means—\n(a) to cease, or refuse, to carry out work under section 84; or\n(b) to cease work on a direction under section 85 (Health and safety\nrepresentative may direct that unsafe work cease).\n","sortOrder":98},{"sectionNumber":"84","sectionType":"section","heading":"Right of worker to cease unsafe work","content":"84 Right of worker to cease unsafe work\nA worker may cease, or refuse to carry out, work if the worker has a\nreasonable concern that to carry out the work would expose the\nworker to a serious risk to the worker’s health or safety, emanating\nfrom an immediate or imminent exposure to a hazard.\n\nRight to cease or direct cessation of unsafe work Division 5.6\n","sortOrder":99},{"sectionNumber":"85","sectionType":"section","heading":"Health and safety representative may direct that unsafe","content":"85 Health and safety representative may direct that unsafe\nwork cease\n(1) A health and safety representative may direct a worker who is in a\nwork group represented by the representative to cease work if the\nrepresentative has a reasonable concern that to carry out the work\nwould expose the worker to a serious risk to the worker’s health or\nsafety, emanating from an immediate or imminent exposure to a\nhazard.\n(2) However, the health and safety representative must not give a worker\na direction to cease work unless the matter is not resolved after—\n(a) consulting about the matter with the person conducting the\nbusiness or undertaking for whom the workers are carrying out\nwork; and\n(b) attempting to resolve the matter as an issue under division 5.5\n(Issue resolution).\n(3) The health and safety representative may direct the worker to cease\nwork without carrying out that consultation or attempting to resolve\nthe matter as an issue under division 5.5 if the risk is so serious and\nimmediate or imminent that it is not reasonable to consult before\ngiving the direction.\n(4) The health and safety representative must carry out the consultation\nas soon as practicable after giving a direction under subsection (3).\n(5) The health and safety representative must inform the person\nconducting the business or undertaking of any direction given by the\nhealth and safety representative to workers under this section.\n(6) A health and safety representative cannot give a direction under this\nsection unless the representative has—\n(a) completed initial training prescribed by regulation referred to in\nsection 72 (1) (b) (Obligation to train health and safety\nrepresentatives) or section 72A (2) (b) (Obligation to train health\nand safety representatives—major construction project); or\n\n(b) previously completed that training when acting as a health and\nsafety representative for another work group; or\n(c) completed training equivalent to that training under a\n","sortOrder":100},{"sectionNumber":"86","sectionType":"section","heading":"Worker to notify if ceases work","content":"86 Worker to notify if ceases work\nA worker who ceases work under this division must—\n(a) as soon as practicable, notify the person conducting the business\nor undertaking that the worker has ceased work under this\ndivision, unless the worker ceased work under a direction from\na health and safety representative; and\n(b) remain available to carry out suitable alternative work.\n","sortOrder":101},{"sectionNumber":"87","sectionType":"section","heading":"Alternative work","content":"87 Alternative work\nIf a worker ceases work under this division, the person conducting the\nbusiness or undertaking may direct the worker to carry out suitable\nalternative work at the same or another workplace if that work is safe\nand appropriate for the worker to carry out until the worker can\nresume normal duties.\n","sortOrder":102},{"sectionNumber":"88","sectionType":"section","heading":"Continuity of engagement of worker","content":"88 Continuity of engagement of worker\nIf a worker ceases work under this division, that action does not affect\nthe continuity of engagement of the worker for prescribed purposes if\nthe worker has not unreasonably failed to comply with a direction to\ncarry out suitable alternative work—\n(a) at the same or another workplace; and\n(b) that was safe and appropriate for the worker to carry out.\n\n","sortOrder":103},{"sectionNumber":"89","sectionType":"section","heading":"Request to regulator to appoint inspector to assist","content":"89 Request to regulator to appoint inspector to assist\nThe health and safety representative or the person conducting the\nbusiness or undertaking or the worker may ask the regulator to\nappoint an inspector to attend the workplace to assist in resolving an\nissue arising in relation to the cessation of work.\nNote The issue resolution procedures in div 5.5 can also be used to resolve an\nissue arising in relation to the cessation of work.\n","sortOrder":104},{"sectionNumber":"90","sectionType":"section","heading":"Provisional improvement notices","content":"90 Provisional improvement notices\n(1) This section applies if a health and safety representative reasonably\nbelieves that a person—\n(a) is contravening a provision of this Act; or\n(b) has contravened a provision of this Act in circumstances that\nmake it likely that the contravention will continue or be\nrepeated.\n(2) The health and safety representative may issue a provisional\nimprovement notice requiring the person to—\n(a) remedy the contravention; or\n(b) prevent a likely contravention from occurring; or\n(c) remedy the things or operations causing the contravention or\nlikely contravention.\n(3) However, the health and safety representative must not issue a\nprovisional improvement notice to a person unless he or she has first\nconsulted the person.\n\n(4) A health and safety representative cannot issue a provisional\nimprovement notice unless the representative has—\n(a) completed initial training prescribed by regulation referred to in\nsection 72 (1) (b) (Obligation to train health and safety\nrepresentatives) or section 72A (2) (b) (Obligation to train health\nand safety representatives—major construction project); or\n(b) previously completed that training when acting as a health and\nsafety representative for another work group; or\n(c) completed training equivalent to that training under a\n(5) A health and safety representative cannot issue a provisional\nimprovement notice in relation to a matter if an inspector has already\nissued (or decided not to issue) an improvement notice or prohibition\nnotice in relation to the same matter.\n","sortOrder":105},{"sectionNumber":"91","sectionType":"section","heading":"Provisional improvement notice to be in writing","content":"91 Provisional improvement notice to be in writing\nA provisional improvement notice must be in writing.\n","sortOrder":106},{"sectionNumber":"92","sectionType":"section","heading":"Contents of provisional improvement notice","content":"92 Contents of provisional improvement notice\nA provisional improvement notice must state—\n(a) that the health and safety representative believes the person—\n(i) is contravening a provision of this Act; or\n(ii) has contravened a provision of this Act in circumstances\nthat make it likely that the contravention will continue or\nbe repeated; and\n(b) the provision the representative believes is being, or has been,\ncontravened; and\n(c) briefly, how the provision is being, or has been contravened; and\n\n(d) the day, at least 8 days after the notice is issued, by which the\nperson is required to remedy the contravention or likely\ncontravention.\n","sortOrder":107},{"sectionNumber":"93","sectionType":"section","heading":"Provisional improvement notice may give directions to","content":"93 Provisional improvement notice may give directions to\nremedy contravention\n(1) A provisional improvement notice may include directions concerning\nthe measures to be taken to remedy the contravention or prevent the\nlikely contravention or the matters or activities causing the\ncontravention or likely contravention to which the notice relates.\n(2) A direction included in a provisional improvement notice may—\n(a) refer to a code of practice; and\n(b) offer the person to whom it is issued a choice of ways in which\nto remedy the contravention.\n","sortOrder":108},{"sectionNumber":"94","sectionType":"section","heading":"Minor changes to provisional improvement notice","content":"94 Minor changes to provisional improvement notice\nA health and safety representative may make minor changes to a\nprovisional improvement notice—\n(a) for clarification; or\n(b) to correct errors or references; or\n(c) to reflect changes of address or other circumstances.\n","sortOrder":109},{"sectionNumber":"95","sectionType":"section","heading":"Issue of provisional improvement notice","content":"95 Issue of provisional improvement notice\nA provisional improvement notice may be issued to a person in\naccordance with section 209 (Issue and giving of notice).\n","sortOrder":110},{"sectionNumber":"96","sectionType":"section","heading":"Health and safety representative may cancel notice","content":"96 Health and safety representative may cancel notice\nThe health and safety representative may, at any time, cancel a\nprovisional improvement notice issued to a person by written notice\ngiven to that person.\n\n","sortOrder":111},{"sectionNumber":"97","sectionType":"section","heading":"Display of provisional improvement notice","content":"97 Display of provisional improvement notice\n(1) A person to whom a provisional improvement notice is issued must\nas soon as practicable display a copy of the notice in a prominent\nplace at or near the workplace, or part of the workplace, at which\nwork is being carried out that is affected by the notice.\n(2) A person must not intentionally remove, destroy, damage or deface a\nnotice displayed under subsection (1) during the period that the notice\nis in force.\n","sortOrder":112},{"sectionNumber":"98","sectionType":"section","heading":"Formal irregularities or defects in notice","content":"98 Formal irregularities or defects in notice\nA provisional improvement notice is not invalid only because of—\n(a) a formal defect or irregularity in the notice unless the defect or\nirregularity causes or is likely to cause substantial injustice; or\n(b) a failure to use the correct name of the person to whom the notice\nis issued if the notice sufficiently identifies the person.\n","sortOrder":113},{"sectionNumber":"99","sectionType":"section","heading":"Offence to contravene a provisional improvement notice","content":"99 Offence to contravene a provisional improvement notice\n(1) This section applies if a provisional improvement notice has been\nissued to a person and an inspector has not been required under\nsection 101 (Regulator to appoint inspector to review notice) to attend\nat the workplace.\n(2) The person must comply with the provisional improvement notice\nwithin the time specified in the notice.\n\n","sortOrder":114},{"sectionNumber":"100","sectionType":"section","heading":"Request for review of provisional improvement notice","content":"100 Request for review of provisional improvement notice\n(1) Within 7 days after a provisional improvement notice is issued to a\n(a) the person to whom it was issued; or\n(b) if the person is a worker—the person conducting the business or\nundertaking at the workplace at which the worker carries out\nwork,\nmay ask the regulator to appoint an inspector to review the notice.\n(2) If a request is made under subsection (1), the operation of the\nprovisional improvement notice is stayed until the inspector makes a\ndecision on the review.\n","sortOrder":115},{"sectionNumber":"101","sectionType":"section","heading":"Regulator to appoint inspector to review notice","content":"101 Regulator to appoint inspector to review notice\n(1) The regulator must ensure that an inspector attends the workplace as\nsoon as practicable after a request is made under section 100.\n(2) The inspector must review the provisional improvement notice and\ninquire into the circumstances that are the subject of the provisional\nimprovement notice.\n(3) An inspector may review a provisional improvement notice even if\nthe period for compliance with the notice has expired.\n","sortOrder":116},{"sectionNumber":"102","sectionType":"section","heading":"Decision of inspector on review of provisional","content":"102 Decision of inspector on review of provisional\nimprovement notice\n(1) After reviewing the provisional improvement notice, the inspector\nmust—\n(a) confirm the provisional improvement notice; or\n(b) confirm the provisional improvement notice with changes; or\n(c) cancel the provisional improvement notice.\n\n(2) The inspector must give a copy of his or her decision to—\n(a) the applicant for the review of the provisional improvement\nnotice; and\n(b) the health and safety representative who issued the notice.\n(3) A provisional improvement notice that is confirmed (with or without\nchanges) by an inspector is taken to be an improvement notice issued\nby the inspector under this Act.\n","sortOrder":117},{"sectionNumber":"103","sectionType":"section","heading":"Part does not apply to prisoners","content":"103 Part does not apply to prisoners\nNothing in this part applies to a worker who is a prisoner in custody\nin a prison or police gaol.\nNote Work health and safety of detainees in correctional centres and elsewhere\nis dealt with in the Corrections Management Act 2007, s 219.\n\nPart 6 Discriminatory, coercive and\nmisleading conduct\nDivision 6.1 Prohibition of discriminatory,\ncoercive or misleading conduct\n104 Prohibition of discriminatory conduct\n(1) A person must not engage in discriminatory conduct for a prohibited\nreason.\n(2) A person commits an offence under subsection (1) only if the reason\nreferred to in section 106 (What is a prohibited reason) was the\ndominant reason for the discriminatory conduct.\nNote A civil proceeding may be brought under div 6.3 in relation to\ndiscriminatory conduct engaged in for a prohibited reason.\n(3) For the purposes of the application of the Criminal Code 2002 in\nrelation to an offence under subsection (1), intention is the fault\nelement for the physical element of engaging in conduct.\n","sortOrder":118},{"sectionNumber":"105","sectionType":"section","heading":"What is discriminatory conduct","content":"105 What is discriminatory conduct\n(1) For the purposes of this part, a person engages in discriminatory\nconduct if—\n(a) the person—\n(i) dismisses a worker; or\n(ii) terminates a contract for services with a worker; or\n(iii) puts a worker to his or her detriment in the engagement of\nthe worker; or\n(iv) alters the position of a worker to the worker’s detriment; or\n\n","sortOrder":119},{"sectionNumber":"Div 6","sectionType":"division","heading":"1 Prohibition of discriminatory, coercive or misleading conduct","content":"Division 6.1 Prohibition of discriminatory, coercive or misleading conduct\n(b) the person—\n(i) refuses or fails to offer to engage a prospective worker; or\n(ii) treats a prospective worker less favourably than another\nprospective worker would be treated in offering terms of\nengagement; or\n(c) the person terminates a commercial arrangement with another\nperson; or\n(d) the person refuses or fails to enter into a commercial\narrangement with another person.\n(2) For the purposes of this part, a person also engages in discriminatory\nconduct if the person organises to take any action referred to in\nsubsection (1) or threatens to organise or take that action.\n","sortOrder":120},{"sectionNumber":"106","sectionType":"section","heading":"What is a prohibited reason","content":"106 What is a prohibited reason\nConduct referred to in section 105 is engaged in for a prohibited\nreason if it is engaged in because the worker or prospective worker\nor the person referred to in section 105 (1) (c) or (d) (as the case\nrequires)—\n(a) is, has been or proposes to be a health and safety representative\nor a member of a health and safety committee; or\n(b) undertakes, has undertaken or proposes to undertake another\nrole under this Act; or\n(c) exercises a power or performs a function or has exercised a\npower or performed a function or proposes to exercise a power\nor perform a function as a health and safety representative or as\na member of a health and safety committee; or\n(d) exercises, has exercised or proposes to exercise a power under\nthis Act or exercises, has exercised or proposes to exercise a\npower under this Act in a particular way; or\n\n(e) performs, has performed or proposes to perform a function\nunder this Act or performs, has performed or proposes to\nperform a function under this Act in a particular way; or\n(f) refrains from, has refrained from or proposes to refrain from\nexercising a power or performing a function under this Act or\nrefrains from, has refrained from or proposes to refrain from\nexercising a power or performing a function under this Act in a\nparticular way; or\n(g) assists or has assisted or proposes to assist, or gives or has given\nor proposes to give any information to any person exercising a\npower or performing a function under this Act; or\n(h) raises or has raised or proposes to raise an issue or concern about\nwork health and safety with—\n(i) the person conducting a business or undertaking; or\n(ii) an inspector; or\n(iii) a WHS entry permit-holder; or\n(iv) a health and safety representative; or\n(v) a member of a health and safety committee; or\n(vi) another worker; or\n(vii) any other person who has a duty under this Act in relation\nto the matter; or\n(viii) any other person exercising a power or performing a\nfunction under this Act; or\n(i) is involved in, has been involved in or proposes to be involved\nin resolving a work health and safety issue under this Act; or\n\nDivision 6.1 Prohibition of discriminatory, coercive or misleading conduct\n(j) is taking action, has taken action or proposes to take action to\nseek compliance by any person with any duty or obligation\nunder this Act.\n","sortOrder":121},{"sectionNumber":"107","sectionType":"section","heading":"Prohibition of requesting, instructing, inducing,","content":"107 Prohibition of requesting, instructing, inducing,\nencouraging, authorising or assisting discriminatory\n(1) A person must not request, instruct, induce, encourage, authorise or\nassist another person to engage in discriminatory conduct in\ncontravention of section 104 (Prohibition of discriminatory conduct).\nNote A civil proceeding may be brought under div 6.3 if a person requested,\ninstructed, induced, encouraged, authorised or assisted another person to\nengage in discriminatory conduct for a prohibited reason.\n(2) For the purposes of the application of the Criminal Code 2002 in\nrelation to an offence under subsection (1), intention is the fault\nelement for the physical element of requesting, instructing, inducing,\nencouraging, authorising or assisting another person to engage in\nconduct.\n","sortOrder":122},{"sectionNumber":"108","sectionType":"section","heading":"Prohibition of coercion or inducement","content":"108 Prohibition of coercion or inducement\n(1) A person must not organise or take, or threaten to organise or take,\nany action against another person with intent to coerce or induce the\nother person, or a third person—\n(a) to exercise or not to exercise a power, or to propose to exercise\nor not to exercise a power, under this Act; or\n(b) to perform or not to perform a function, or to propose to perform\nor not to perform a function, under this Act; or\n\n(c) to exercise or not to exercise a power or perform a function, or\nto propose to exercise or not to exercise a power or perform a\nfunction, in a particular way; or\n(d) to refrain from seeking, or continuing to undertake, a role under\nNote A civil proceeding may be brought under div 6.3 in relation to a\ncontravention of this section.\n(2) In this section, a reference to taking action or threatening to take\naction against a person includes a reference to not taking a particular\naction or threatening not to take a particular action in relation to that\n(3) To avoid doubt, a reasonable direction given by an emergency\nservices worker in an emergency is not an action with intent to coerce\nor induce a person.\nemergency services worker means—\n(a) a police officer; or\n(b) a member of an emergency service.\nNote An emergency service means the ambulance service, the fire and rescue\nservice, the rural fire service or the SES (see Legislation Act, dict, pt 1).\n","sortOrder":123},{"sectionNumber":"109","sectionType":"section","heading":"Misrepresentation","content":"109 Misrepresentation\n(1) A person must not knowingly or recklessly make a false or misleading\nrepresentation to another person about that other person’s—\n(a) rights or obligations under this Act; or\n(b) ability to initiate, or participate in, a process or proceeding under\nthis Act; or\n\nDivision 6.2 Criminal proceedings in relation to discriminatory conduct\n(c) ability to make a complaint or inquiry to a person or body\nempowered under this Act to seek compliance with this Act.\nNote A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including any regulation (see Legislation\n(2) Subsection (1) does not apply if the person to whom the\nrepresentation is made would not be expected to rely on it.\nDivision 6.2 Criminal proceedings in relation to\ndiscriminatory conduct\n","sortOrder":124},{"sectionNumber":"110","sectionType":"section","heading":"Proof of discriminatory conduct","content":"110 Proof of discriminatory conduct\n(1) This section applies if, in a proceeding for an offence against\nsection 104 (Prohibition of discriminatory conduct) or section 107\n(Prohibition of requesting, instructing, inducing, encouraging,\nauthorising or assisting discriminatory conduct), the prosecution—\n(a) proves that the discriminatory conduct was engaged in; and\n(b) proves that a circumstance referred to in section 106 (a) to (j)\n(What is a prohibited reason) existed at the time the\ndiscriminatory conduct was engaged in; and\n(c) adduces evidence that the discriminatory conduct was engaged\nin for a prohibited reason.\n(2) The reason alleged for the discriminatory conduct is presumed to be\nthe dominant reason for that conduct unless the accused proves, on\nthe balance of probabilities, that the reason was not the dominant\nreason for the conduct.\n(3) To avoid doubt, the burden of proof on the accused under\nsubsection (2) is a legal burden of proof.\n\nCivil proceedings in relation to discriminatory or coercive conduct Division 6.3\n","sortOrder":125},{"sectionNumber":"111","sectionType":"section","heading":"Order for compensation or reinstatement","content":"111 Order for compensation or reinstatement\nIf a person is convicted or found guilty of an offence against\nsection 104 (Prohibition of discriminatory conduct) or section 107\n(Prohibition of requesting, instructing, inducing, encouraging,\nauthorising or assisting discriminatory conduct), the court may (in\naddition to imposing a penalty) make either or both of the following\norders:\n(a) an order that the offender pay (within a specified period) the\ncompensation to the person who was the subject of the\ndiscriminatory conduct that the court considers appropriate;\n(b) in relation to a person who was or is an employee or prospective\nemployee, an order that—\n(i) the person be reinstated or re-employed in his or her former\nposition or, if that position is not available, in a similar\nposition; or\n(ii) the person be employed in the position for which he or she\nhad applied or a similar position.\nDivision 6.3 Civil proceedings in relation to\ndiscriminatory or coercive conduct\n","sortOrder":126},{"sectionNumber":"112","sectionType":"section","heading":"Civil proceedings in relation to engaging in or inducing","content":"112 Civil proceedings in relation to engaging in or inducing\ndiscriminatory or coercive conduct\n(1) An eligible person may apply to—\n(a) the Supreme Court for an order under subsection (3) (a); or\n(b) a court of competent jurisdiction for an order under\nsubsection (3) (b) to (d).\n(2) The court may make 1 or more of the orders set out in subsection (3)\nin relation to a person who has—\n(a) engaged in discriminatory conduct for a prohibited reason; or\n\nDivision 6.3 Civil proceedings in relation to discriminatory or coercive conduct\n(b) requested, instructed, induced, encouraged, authorised or\nassisted another person to engage in discriminatory conduct for\na prohibited reason; or\n(c) contravened section 108 (Prohibition of coercion or\ninducement).\n(3) For the purposes of subsection (2), the orders that the court may make\nare—\n(a) an injunction; or\n(b) for conduct referred to in subsection (2) (a) or (b)—an order that\nthe person pay (within a specified period) the compensation to\nthe person who was the subject of the discriminatory conduct\nthat the court considers appropriate; or\n(c) for conduct referred to in subsection (2) (a) in relation to a\nworker who was or is an employee or prospective employee—\nan order that—\n(i) the worker be reinstated or re-employed in his or her\nformer position or, if that position is not available, in a\nsimilar position; or\n(ii) the prospective worker be employed in the position for\nwhich he or she had applied or a similar position; or\n(d) any other order that the court considers appropriate.\n(4) For the purposes of this section, a person may be found to have\nengaged in discriminatory conduct for a prohibited reason only if a\nreason referred to in section 106 (What is a prohibited reason) was a\nsubstantial reason for the conduct.\n(5) Nothing in this section is to be construed as limiting any other power\nof the court.\n\nCivil proceedings in relation to discriminatory or coercive conduct Division 6.3\n(6) For the purposes of this section, each of the following is an eligible\nperson:\n(a) a person affected by the contravention;\n(b) a person authorised as a representative by a person referred to in\nparagraph (a).\n","sortOrder":127},{"sectionNumber":"113","sectionType":"section","heading":"Procedure for civil actions for discriminatory conduct","content":"113 Procedure for civil actions for discriminatory conduct\n(1) A proceeding brought under section 112 must be commenced not\nmore than 1 year after the date on which the applicant knew or ought\nto have known that the cause of action accrued.\n(2) In a proceeding under section 112 in relation to conduct referred to in\nsection 112 (2) (a) or (b), if a prohibited reason is alleged for\ndiscriminatory conduct, that reason is presumed to be a substantial\nreason for that conduct unless the defendant proves, on the balance of\nprobabilities, that the reason was not a substantial reason for the\nconduct.\n(3) It is a defence to a proceeding under section 112 in relation to conduct\nreferred to in section 112 (2) (a) or (b) if the defendant proves that—\n(a) the conduct was reasonable in the circumstances; and\n(b) a substantial reason for the conduct was to comply with the\nrequirements of this Act or a corresponding WHS law.\n(4) To avoid doubt, the burden of proof on the defendant under\nsubsections (2) and (3) is a legal burden of proof.\n\n","sortOrder":128},{"sectionNumber":"114","sectionType":"section","heading":"General provisions relating to orders","content":"114 General provisions relating to orders\n(1) The making of an order in a proceeding under section 112 (Civil\nproceedings in relation to engaging in or inducing discriminatory or\ncoercive conduct) in relation to conduct referred to in\nsection 112 (2) (a) or (b) does not prevent the bringing of a\nproceeding for an offence under section 104 (Prohibition of\ndiscriminatory conduct) or section 107 (Prohibition of requesting,\ninstructing, inducing, encouraging, authorising or assisting\ndiscriminatory conduct) in relation to the same conduct.\n(2) If the court makes an order under section 112 in a proceeding in\nrelation to conduct referred to in section 112 (2) (a) or (b), the court\ncannot make an order under section 111 (Order for compensation or\nreinstatement) in a proceeding for an offence under section 104 or\nsection 107 in relation to the same conduct.\n(3) If the court makes an order under section 111 in a proceeding for an\noffence under section 104 or section 107, the court cannot make an\norder under section 112 in a proceeding in relation to conduct referred\nto in section 112 (2) (a) or (b) that is the same conduct.\n","sortOrder":129},{"sectionNumber":"115","sectionType":"section","heading":"Prohibition of multiple actions","content":"115 Prohibition of multiple actions\nA person cannot—\n(a) commence a proceeding under division 6.3 (Civil proceedings\nin relation to discriminatory or coercive conduct) if the person\nhas commenced a proceeding or made an application or\ncomplaint in relation to the same matter under a law of the\nCommonwealth or a State and that proceeding, application or\ncomplaint has not been withdrawn; or\n(b) recover any compensation under division 6.3 if the person has\nreceived compensation for the matter under a law of the\nCommonwealth or a State; or\n\nGeneral Division 6.4\n(c) commence or continue an application under division 6.3 if the\nperson has failed in a proceeding, application or complaint in\nrelation to the same matter under a law of the Commonwealth\nor a State, other than a proceeding, application or complaint\nrelating to workers’ compensation.\n\n","sortOrder":130},{"sectionNumber":"Part 7","sectionType":"part","heading":"Workplace entry by WHS entry","content":"Part 7 Workplace entry by WHS entry\npermit-holders\nNote Div 13.7 sets out the procedure in relation to the bringing of a proceeding\nin relation to WHS civil penalty provisions.\n","sortOrder":131},{"sectionNumber":"116","sectionType":"section","heading":"Definitions—pt 7","content":"116 Definitions—pt 7\nofficial of a union means a person who holds an office in, or is an\nemployee of, the union.\nrelevant person conducting a business or undertaking means a\nperson conducting a business or undertaking in relation to which the\nWHS entry permit-holder is exercising or proposes to exercise the\nright of entry.\nrelevant union means the union that a WHS entry permit-holder\nrepresents.\nrelevant worker, in relation to a workplace, means a worker—\n(a) who is a member, or eligible to be a member, of a relevant union;\nand\n(b) whose industrial interests the relevant union is entitled to\nrepresent; and\n(c) who works at that workplace.\n\nEntry to inquire into suspected contraventions Division 7.2\n","sortOrder":132},{"sectionNumber":"Div 7","sectionType":"division","heading":"2 Entry to inquire into suspected","content":"Division 7.2 Entry to inquire into suspected\ncontraventions\n","sortOrder":133},{"sectionNumber":"117","sectionType":"section","heading":"Entry to inquire into suspected contraventions","content":"117 Entry to inquire into suspected contraventions\n(1) A WHS entry permit-holder may enter a workplace for the purpose\nof inquiring into a suspected contravention of this Act that relates to,\nor affects, a relevant worker.\n(2) The WHS entry permit-holder must reasonably suspect before\nentering the workplace that the contravention has occurred or is\noccurring.\n","sortOrder":134},{"sectionNumber":"118","sectionType":"section","heading":"Rights that may be exercised while at workplace","content":"118 Rights that may be exercised while at workplace\n(1) While at the workplace under this division, the WHS entry\npermit-holder may do 1 or more of the following in relation to the\nsuspected contravention of this Act:\n(a) inspect any work system, plant, substance, structure or other\nthing relevant to the suspected contravention;\n(b) consult with the relevant workers in relation to the suspected\ncontravention;\n(c) consult with the relevant person conducting a business or\nundertaking about the suspected contravention;\n(d) require the relevant person conducting a business or undertaking\nto allow the WHS entry permit-holder to inspect, and make\ncopies of, any document that is directly relevant to the suspected\ncontravention and that—\n(i) is kept at the workplace; or\n(ii) is accessible from a computer that is kept at the workplace;\n\n(da) take photographs, films, or audio, video or other recordings\nrelevant to the suspected contravention;\n(e) warn any person whom the WHS entry permit-holder reasonably\nbelieves to be exposed to a serious risk to his or her health or\nsafety emanating from an immediate or imminent exposure to a\nhazard, of that risk.\n(2) However, if it would result in a contravention of a law of the\nCommonwealth or a law of a State—\n(a) the relevant person is not required, under subsection (1) (d), to\nallow the WHS entry permit-holder to inspect or make copies of\na document; and\n(b) the WHS entry permit-holder must not, under\nsubsection (1) (da), take photographs, films, or audio, video\nor other recordings.\nNote State includes the Northern Territory (see Legislation Act, dict, pt 1).\n(3) A relevant person conducting a business or undertaking must not,\nwithout reasonable excuse, refuse or fail to comply with a\nrequirement under subsection (1) (d).\n(4) Subsection (3) places an evidential burden on the defendant to show\n\nEntry to inquire into suspected contraventions Division 7.2\n(5) If, in the course of inquiring into a suspected contravention of this\nAct, the WHS entry permit-holder reasonably suspects that another\ncontravention of this Act has occurred, the WHS entry permit-holder\nmay exercise a right mentioned in subsection (1) in relation to the\nother contravention.\nNote 1 Evidential burden—see the Criminal Code, s 58.\nNote 2 At least 24 hours notice is required for an entry to a workplace to inspect\nemployee records or other documents held by someone other than a\nperson conducting a business or undertaking (see s 120).\nNote 3 The use or disclosure of personal information obtained under this section\nis regulated under the Privacy Act 1988 (Cwlth).\n","sortOrder":135},{"sectionNumber":"118A","sectionType":"section","heading":"Notice of exercise of right under s 118 (1) (da)","content":"118A Notice of exercise of right under s 118 (1) (da)\n(1) This section applies in relation to the exercise of a right under\nsection 118 (1) (da) by a WHS entry permit-holder.\n(2) The WHS entry permit-holder must give notice to the relevant person\nconducting a business or undertaking about the exercise of the right—\n(a) if, at the time the WHS entry permit-holder enters the workplace\nunder this division, the WHS entry permit-holder intends to\nexercise the right in relation to the suspected contravention of\nthis Act—as soon as reasonably practicable after entering the\nworkplace; and\n(b) if, while at a workplace under this division, the WHS entry\npermit-holder forms the intention to exercise, or has exercised,\nthe right in relation to another contravention of this Act in the\ncircumstances mentioned in section 118 (5)—as soon as\nreasonably practicable after forming that intention or exercising\nthe right.\n\n","sortOrder":136},{"sectionNumber":"119","sectionType":"section","heading":"Notice of entry","content":"119 Notice of entry\n(1) A WHS entry permit-holder must, as soon as is reasonably practicable\nafter entering a workplace under this division, give notice of the entry\nand the suspected contravention, in accordance with regulation, to—\n(a) the relevant person conducting a business or undertaking; and\n(b) the person with management or control of the workplace.\n(2) Subsection (1) does not apply if to give the notice would—\n(a) defeat the purpose of the entry to the workplace; or\n(b) unreasonably delay the WHS entry permit-holder in an urgent\ncase.\n(3) Subsection (1) does not apply to an entry to a workplace under this\ndivision to inspect or make copies of documents referred to in\nsection 120.\n","sortOrder":137},{"sectionNumber":"120","sectionType":"section","heading":"Entry to inspect employee records or information held by","content":"120 Entry to inspect employee records or information held by\nanother person\n(1) This section applies if a WHS entry permit-holder is entitled under\nsection 117 (Entry to inquire into suspected contraventions) to enter\na workplace to inquire into a suspected contravention of this Act.\n(2) For the purposes of the inquiry into the suspected contravention, the\nWHS entry permit-holder may enter any workplace for the purpose\nof inspecting, or making copies of—\n(a) employee records that are directly relevant to a suspected\ncontravention; or\n(b) other documents that are directly relevant to a suspected\ncontravention and that are not held by the relevant person\nconducting a business or undertaking.\n\nEntry to consult and advise workers Division 7.3\n(3) Before doing so, the WHS entry permit-holder must give notice of the\nproposed entry to the person from whom the documents are requested\nand the relevant person conducting a business or undertaking.\n(4) The notice must comply with the regulation.\n(5) The notice must be given during usual working hours at that\nworkplace at least 24 hours, but not more than 14 days, before the\nentry.\nNote The use or disclosure of personal information obtained under this section\nis regulated under the Privacy Act 1988 (Cwlth).\nDivision 7.3 Entry to consult and advise workers\n","sortOrder":138},{"sectionNumber":"121","sectionType":"section","heading":"Entry to consult and advise workers","content":"121 Entry to consult and advise workers\n(1) A WHS entry permit-holder may enter a workplace to consult on\nwork health and safety matters with, and provide advice on those\nmatters to, 1 or more relevant workers who wish to participate in the\ndiscussions.\n(2) A WHS entry permit-holder may, after entering a workplace under\nthis division, warn any person whom the WHS entry permit-holder\nreasonably believes to be exposed to a serious risk to his or her health\nor safety, emanating from an immediate or imminent exposure to a\nhazard, of that risk.\n","sortOrder":139},{"sectionNumber":"122","sectionType":"section","heading":"Notice of entry","content":"122 Notice of entry\n(1) Before entering a workplace under this division, a WHS entry\npermit-holder must give notice of the proposed entry to the relevant\nperson conducting a business or undertaking.\n(2) The notice must comply with the regulation.\n(3) The notice must be given during the usual working hours at that\nworkplace at least 24 hours, but not more than 14 days, before the\nentry.\n\nDivision 7.4 Requirements for WHS entry permit-holders\nDivision 7.4 Requirements for WHS entry\npermit-holders\n123 Contravening WHS entry permit conditions\nA WHS entry permit-holder must not contravene a condition imposed\non the WHS entry permit.\nMaximum penalty: WHS civil penalty provision tier 1.\n","sortOrder":140},{"sectionNumber":"124","sectionType":"section","heading":"WHS entry permit-holder must also hold permit under","content":"124 WHS entry permit-holder must also hold permit under\nother law\nA WHS entry permit-holder must not enter a workplace unless he or\nshe also holds an entry permit under the Fair Work Act.\n","sortOrder":141},{"sectionNumber":"125","sectionType":"section","heading":"WHS entry permit to be available for inspection","content":"125 WHS entry permit to be available for inspection\nA WHS entry permit-holder must, at all times that he or she is at a\nworkplace under a right of entry under division 7.2 (Entry to inquiry\ninto suspected contraventions) or division 7.3 (Entry to consult and\nadvise workers), have his or her WHS entry permit and photographic\nidentification available for inspection by any person on request.\n\nRequirements for WHS entry permit-holders Division 7.4\n","sortOrder":142},{"sectionNumber":"126","sectionType":"section","heading":"When right may be exercised","content":"126 When right may be exercised\nA WHS entry permit-holder may exercise a right under division 7.2\n(Entry to inquire into suspected contraventions) or division 7.3 (Entry\nto consult and advise workers) only during the usual working hours\nat the workplace.\n","sortOrder":143},{"sectionNumber":"127","sectionType":"section","heading":"Where the right may be exercised","content":"127 Where the right may be exercised\nA WHS entry permit-holder may exercise a right of entry to a\nworkplace only in relation to—\n(a) the area of the workplace where the relevant workers work; or\n(b) any other work area that directly affects the health or safety of\nthose workers.\n","sortOrder":144},{"sectionNumber":"128","sectionType":"section","heading":"Work health and safety requirements","content":"128 Work health and safety requirements\nA WHS entry permit-holder must not exercise a right of entry to a\nworkplace under division 7.2 (Entry to inquire into suspected\ncontraventions) or division 7.3 (Entry to consult and advise workers)\nunless he or she complies with any reasonable request by the relevant\nperson conducting a business or undertaking or the person with\nmanagement or control of the workplace to comply with—\n(a) any work health and safety requirement that applies to the\nworkplace; and\n(b) any other legislated requirement that applies to that type of\nworkplace.\n\nWHS entry permits\n","sortOrder":145},{"sectionNumber":"129","sectionType":"section","heading":"Residential premises","content":"129 Residential premises\nA WHS entry permit-holder must not enter any part of a workplace\nthat is used only for residential purposes.\n","sortOrder":146},{"sectionNumber":"130","sectionType":"section","heading":"WHS entry permit-holder not required to disclose names","content":"130 WHS entry permit-holder not required to disclose names\nof workers\n(1) A WHS entry permit-holder is not required to disclose to the relevant\nperson conducting a business or undertaking, or the person with\nmanagement or control of the workplace, the name of any worker at\nthe workplace.\n(2) A WHS entry permit-holder who wishes to disclose to the relevant\nperson conducting a business or undertaking, or the person with\nmanagement or control of the workplace, the name of any worker may\nonly do so with the consent of the worker.\n","sortOrder":147},{"sectionNumber":"131","sectionType":"section","heading":"Application for WHS entry permit","content":"131 Application for WHS entry permit\n(1) A union may apply to the regulator for the issue of a WHS entry\npermit to a person who is an official of the union.\n(2) The application must specify the person who is to hold the WHS entry\npermit and include a statement by that person declaring that he or\nshe—\n(a) is an official of the union; and\n(b) has satisfactorily completed the prescribed training; and\n\nWHS entry permits Division 7.5\n(c) holds, or will hold, an entry permit under the Fair Work Act.\nNote It is an offence to make a false or misleading statement, give false or\nmisleading information or produce a false or misleading document (see\nCriminal Code, pt 3.4).\n","sortOrder":148},{"sectionNumber":"132","sectionType":"section","heading":"Consideration of application","content":"132 Consideration of application\nIn considering whether to issue a WHS entry permit, the regulator\nmust take into account—\n(a) the object of this Act; and\n(b) the object of allowing union right of entry to workplaces for\nwork health and safety purposes.\n","sortOrder":149},{"sectionNumber":"133","sectionType":"section","heading":"Eligibility criteria","content":"133 Eligibility criteria\nThe regulator must not issue a WHS entry permit to an official of a\nunion unless the regulator is satisfied that the official—\n(a) is an official of the union; and\n(b) has satisfactorily completed the prescribed training; and\n(c) holds, or will hold, an entry permit under the Fair Work Act.\n","sortOrder":150},{"sectionNumber":"134","sectionType":"section","heading":"Issue of WHS entry permit","content":"134 Issue of WHS entry permit\nThe regulator may issue a WHS entry permit to a person if the\nregulator has taken into account the matters in section 132\n(Consideration of application) and is satisfied about the matters in\nsection 133.\n","sortOrder":151},{"sectionNumber":"135","sectionType":"section","heading":"Conditions on WHS entry permit","content":"135 Conditions on WHS entry permit\nThe regulator may impose conditions on a WHS entry permit.\n","sortOrder":152},{"sectionNumber":"136","sectionType":"section","heading":"Term of WHS entry permit","content":"136 Term of WHS entry permit\nA WHS entry permit has effect for a term of 3 years from the date it\nis issued.\n\n","sortOrder":153},{"sectionNumber":"137","sectionType":"section","heading":"Expiry of WHS entry permit","content":"137 Expiry of WHS entry permit\n(1) Unless it is earlier revoked, a WHS entry permit expires at the first of\nthe following to occur:\n(a) at the end of the term of the WHS entry permit;\n(b) at the end of the term of the entry permit held by the WHS entry\npermit-holder under the Fair Work Act;\n(c) when the permit-holder ceases to be an official of the union that\napplied for the permit;\n(d) the union that applied for the permit ceases to be an organisation\nthat is registered, or taken to be registered, under the Fair Work\n(Registered Organisations) Act 2009 (Cwlth).\n(2) An application may be made for the issue of a subsequent WHS entry\npermit before or after the current WHS entry permit expires.\n","sortOrder":154},{"sectionNumber":"138","sectionType":"section","heading":"Application to revoke WHS entry permit","content":"138 Application to revoke WHS entry permit\n(1) The following persons may apply to the regulator for a WHS entry\npermit held by a person to be revoked:\n(a) the relevant person conducting a business or undertaking;\n(b) any other person in relation to whom the WHS entry\npermit-holder has exercised or purported to exercise a right\nunder this part;\n(c) any other person affected by the exercise or purported exercise\nof a right under this part by a WHS entry permit-holder.\nNote The regulator has power to reverse or change the decision. The power to\nreverse or change the decision is exercisable in the same way, and subject\nto the same conditions, as the power to make the decision (see\nLegislation Act, s 180).\n\nWHS entry permits Division 7.5\n(2) The grounds for an application for revocation of a WHS entry permit\nare—\n(a) that the permit-holder no longer satisfies the eligibility criteria\nfor—\n(i) a WHS entry permit; or\n(ii) an entry permit under a corresponding WHS law, the Fair\nWork Act or the Workplace Relations Act 1996 (Cwlth); or\n(b) that the permit-holder has contravened any condition of the\nWHS entry permit; or\n(c) that the permit-holder has acted, or purported to act, in an\nimproper manner in the exercise of any right under this Act; or\n(d) in exercising or purporting to exercise a right under this part,\nthat the permit-holder has intentionally hindered or obstructed a\nperson conducting the business or undertaking or workers at a\nworkplace.\n(3) The applicant must give written notice of the application, setting out\nthe grounds for the application, to the person who holds the WHS\nentry permit and the union concerned.\n(4) The person who holds the WHS entry permit and the union that the\nWHS entry permit-holder represents are parties to the application.\n\n","sortOrder":155},{"sectionNumber":"139","sectionType":"section","heading":"Regulator must permit WHS entry permit-holder to show","content":"139 Regulator must permit WHS entry permit-holder to show\ncause\n(1) If, on an application under section 138, the regulator is satisfied that\na ground may exist for the revocation of the WHS entry permit under\nsection 138 (2) (a), the regulator must—\n(a) give the WHS entry permit-holder written notice (a show cause\nnotice); and\n(b) if the regulator considers it appropriate—suspend the operation\nof the WHS entry permit until the regulator decides the\napplication for revocation.\n(2) The show cause notice must—\n(a) contain a statement to the effect that the WHS entry\npermit-holder may, not later than 21 days after the day the WHS\nentry permit-holder is given the notice, give the regulator written\nreasons explaining why the WHS entry permit should not be\nrevoked; and\n(b) be accompanied by a summary of the reasons for the application;\nand\n(c) if applicable, be accompanied by a notice of suspension of the\n","sortOrder":156},{"sectionNumber":"140","sectionType":"section","heading":"Determination of application","content":"140 Determination of application\n(1) If the regulator is satisfied on the balance of probabilities about any\nof the matters in section 138 (2) (Application to revoke WHS entry\npermit), it may make 1 or more of the following orders:\n(a) an order imposing conditions on the WHS entry permit;\n(b) an order suspending the WHS entry permit;\n(c) an order revoking the WHS entry permit;\n\nDealing with disputes Division 7.6\n(d) an order about the future issue of a WHS entry permit to the\nperson whose WHS entry permit is revoked;\n(e) an order imposing any alternative action the regulator considers\nappropriate.\n(2) In deciding what action to take under subsection (1), in relation to a\nperson, the regulator must take into account—\n(a) the seriousness of any findings of the regulator having regard to\nthe object of this Act; and\n(b) any other matters the regulator considers relevant.\n","sortOrder":157},{"sectionNumber":"141","sectionType":"section","heading":"Application for assistance of inspector to resolve dispute","content":"141 Application for assistance of inspector to resolve dispute\nIf a dispute arises about the exercise, or purported exercise, by a WHS\nentry permit-holder of a right of entry under this Act, any party to the\ndispute may ask the regulator to appoint an inspector to attend the\nworkplace to assist in resolving the dispute.\n","sortOrder":158},{"sectionNumber":"142","sectionType":"section","heading":"Regulator may deal with a dispute about a right of entry","content":"142 Regulator may deal with a dispute about a right of entry\nunder this Act\n(1) The regulator may deal with a dispute about the exercise or purported\nexercise by a WHS entry permit-holder of a right of entry under this\nAct (including a dispute about whether a request under section 128\n(Work health and safety requirements) is reasonable).\n(2) The regulator may deal with the dispute in any manner it thinks fit,\nincluding by means of mediation, conciliation or arbitration.\n(3) If the regulator deals with the dispute by arbitration, it may make 1 or\nmore of the following orders:\n(a) an order imposing conditions on a WHS entry permit;\n(b) an order suspending a WHS entry permit;\n\n(c) an order revoking a WHS entry permit;\n(d) an order about the future issue of WHS entry permits to 1 or\nmore persons;\n(e) any other order it considers appropriate.\n(4) The regulator may deal with the dispute—\n(a) on its own initiative; or\n(b) on application by any of the following to whom the dispute\nrelates:\n(i) a WHS entry permit-holder;\n(ii) the relevant union;\n(iii) the relevant person conducting a business or undertaking;\n(iv) any other person in relation to whom the WHS entry\npermit-holder has exercised or purported to exercise the\nright of entry;\n(v) any other person affected by the exercise or purported\nexercise of the right of entry by a WHS entry\npermit-holder.\n(5) In dealing with a dispute, the regulator must not confer any rights on\nthe WHS entry permit-holder that are additional to, or inconsistent\nwith, rights exercisable by the WHS entry permit-holder under this\npart.\n","sortOrder":159},{"sectionNumber":"143","sectionType":"section","heading":"Contravening order made to deal with dispute","content":"143 Contravening order made to deal with dispute\nA person must not contravene an order under section 142 (3).\n\nProhibitions Division 7.7\n","sortOrder":160},{"sectionNumber":"144","sectionType":"section","heading":"Person must not refuse or delay entry of WHS entry","content":"144 Person must not refuse or delay entry of WHS entry\npermit-holder\n(1) A person must not, without reasonable excuse, refuse or unduly delay\nentry into a workplace by a WHS entry permit-holder who is entitled\nto enter the workplace under this part.\n(2) Subsection (1) places an evidential burden on the accused to show a\n","sortOrder":161},{"sectionNumber":"145","sectionType":"section","heading":"Person must not hinder or obstruct WHS entry","content":"145 Person must not hinder or obstruct WHS entry\npermit-holder\nA person must not intentionally and unreasonably hinder or obstruct\na WHS entry permit-holder in entering a workplace or in exercising\nany rights at a workplace in accordance with this part.\n","sortOrder":162},{"sectionNumber":"146","sectionType":"section","heading":"WHS entry permit-holder must not delay, hinder or","content":"146 WHS entry permit-holder must not delay, hinder or\nobstruct any person or disrupt work at workplace\nA WHS entry permit-holder exercising, or seeking to exercise, rights\nin accordance with this part must not intentionally and unreasonably\ndelay, hinder or obstruct any person or disrupt any work at a\nworkplace, or otherwise act in an improper manner.\n\n","sortOrder":163},{"sectionNumber":"147","sectionType":"section","heading":"Misrepresentations about things authorised by this part","content":"147 Misrepresentations about things authorised by this part\n(1) A person must not take action—\n(a) with the intention of giving the impression; or\n(b) reckless as to whether the impression is given,\nthat the doing of a thing is authorised by this part if it is not so\nauthorised.\n(2) Subsection (1) does not apply if the person reasonably believes that\nthe doing of the thing is authorised.\n","sortOrder":164},{"sectionNumber":"148","sectionType":"section","heading":"Unauthorised use or disclosure of information or","content":"148 Unauthorised use or disclosure of information or\ndocuments\nA person must not use or disclose information or a document obtained\nunder division 7.2 (Entry to inquire into suspected contraventions) in\nan inquiry into a suspected contravention for a purpose that is not\nrelated to the inquiry or rectifying the suspected contravention,\nunless—\n(a) the person reasonably believes that the use or disclosure is\nnecessary to lessen or prevent—\n(i) a serious risk to a person’s health or safety; or\n(ii) a serious threat to public health or safety; or\n(b) the person has reason to suspect that unlawful activity has been,\nis being or may be engaged in, and uses or discloses the\ninformation or document as a necessary part of an investigation\nof the matter or in reporting concerns to relevant persons or\nauthorities; or\n(c) the use or disclosure is required or authorised by or under law;\nor\n\nGeneral Division 7.8\n(d) the person reasonably believes that the use or disclosure is\nreasonably necessary for 1 or more of the following by, or on\nbehalf of, an enforcement body (within the meaning of the\nPrivacy Act 1988 (Cwlth)):\n(i) the prevention, detection, investigation, prosecution or\npunishment of criminal offences, breaches of a law\nimposing a penalty or sanction or breaches of a prescribed\nlaw;\n(ii) the enforcement of laws relating to the confiscation of the\nproceeds of crime;\n(iii) the protection of the public revenue;\n(iv) the prevention, detection, investigation or remedying of\nseriously improper conduct or prescribed conduct;\n(v) the preparation for, or conduct of, a proceeding before any\ncourt or tribunal, or implementation of the orders of a court\nor tribunal; or\n(e) if the information is, or the document contains, personal\ninformation—the use or disclosure is made with the consent of\nthe individual to whom the information relates.\n","sortOrder":165},{"sectionNumber":"149","sectionType":"section","heading":"Return of WHS entry permits","content":"149 Return of WHS entry permits\n(1) The person to whom a WHS entry permit is issued must return the\npermit to the regulator within 14 days of any of the following things\nhappening:\n(a) the permit is revoked or suspended;\n\n(b) the permit expires.\nMaximum penalty: WHS civil penalty provision tier 4.\n(2) After the end of a period of suspension of a WHS entry permit, the\nregulator must return the WHS entry permit to the person to whom it\nwas issued if—\n(a) the person, or the person’s union, applies to the regulator for the\nreturn of the permit; and\n(b) the permit has not expired.\n","sortOrder":166},{"sectionNumber":"150","sectionType":"section","heading":"Union to provide information to regulator","content":"150 Union to provide information to regulator\nThe relevant union must advise the regulator if—\n(a) the WHS entry permit-holder resigns from or otherwise leaves\nthe union; or\n(b) the WHS entry permit-holder has had any entry permit granted\nunder a corresponding WHS law, or the Fair Work Act or the\nWorkplace Relations Act 1996 (Cwlth) (no matter when in\nforce) cancelled or suspended; or\n(c) the union ceases to be an organisation that is registered, or taken\nto be registered, under the Fair Work (Registered\nOrganisations) Act 2009 (Cwlth).\nMaximum penalty: WHS civil penalty provision tier 3.\n","sortOrder":167},{"sectionNumber":"151","sectionType":"section","heading":"Register of WHS entry permit-holders","content":"151 Register of WHS entry permit-holders\nThe regulator must keep available for public access an up-to-date\nregister of WHS entry permit-holders in accordance with the\n\nThe regulator Part 8\nFunctions of regulator Division 8.1\n","sortOrder":168},{"sectionNumber":"Div 8","sectionType":"division","heading":"1 Functions of regulator","content":"Division 8.1 Functions of regulator\n","sortOrder":169},{"sectionNumber":"152","sectionType":"section","heading":"Functions of regulator","content":"152 Functions of regulator\nThe regulator has the following functions:\n(a) to advise and make recommendations to the Minister and report\non the operation and effectiveness of this Act;\n(b) to monitor and enforce compliance with this Act;\n(c) to provide advice and information on work health and safety to\nduty-holders under this Act and to the community;\n(d) to collect, analyse and publish statistics relating to work health\nand safety;\n(e) to foster a cooperative, consultative relationship between\nduty-holders and the persons to whom they owe duties and their\nrepresentatives in relation to work health and safety matters;\n(f) to promote and support education and training on matters\nrelating to work health and safety;\n(g) to engage in, promote and coordinate the sharing of information\nto achieve the object of this Act, including the sharing of\ninformation with a corresponding regulator;\n(h) to conduct and defend proceedings under this Act before a court\nor tribunal;\n(i) any other function given to the regulator by this Act or another\nterritory law.\n\n","sortOrder":170},{"sectionNumber":"153","sectionType":"section","heading":"Powers of regulator","content":"153 Powers of regulator\nWithout limiting section 152, the regulator has all the powers and\nfunctions that an inspector has under this Act.\nNote A provision of a law that gives a function to an entity also gives the entity\nthe powers necessary and convenient to exercise the function (see the\nLegislation Act, s 196).\n","sortOrder":171},{"sectionNumber":"154","sectionType":"section","heading":"Delegation by regulator","content":"154 Delegation by regulator\nThe regulator may delegate the regulator’s powers and functions\nunder this Act, or another Territory law, to another person.\nNote A delegation must be in writing. The power to delegate may not be\ndelegated. A delegation may be conditional. A delegation may be\namended or revoked. The delegator may exercise a power or function\nthat has been delegated, despite the delegation (see Legislation Act,\npt 19.4).\nDivision 8.2 Powers of regulator to obtain\ninformation\n","sortOrder":172},{"sectionNumber":"155","sectionType":"section","heading":"Powers of regulator to obtain information","content":"155 Powers of regulator to obtain information\n(1) This section applies if the regulator has reasonable grounds to believe\nthat a person is capable of giving information, providing documents\nor giving evidence—\n(a) in relation to a possible contravention of this Act; or\n(b) that will assist the regulator to monitor or enforce compliance\nwith this Act.\n\nThe regulator Part 8\nPowers of regulator to obtain information Division 8.2\n(2) The regulator may, by written notice served on the person, require the\nperson to do 1 or more of the following:\n(a) to give the regulator, in writing signed by the person (or in the\ncase of a body corporate, by a competent officer of the body\ncorporate) and within the time and in the manner specified in the\nnotice, that information of which the person has knowledge;\n(b) to produce to the regulator, in accordance with the notice, those\ndocuments;\n(c) to appear before a person appointed by the regulator on a day,\nand at a time and place, specified in the notice (being a day, time\nand place that are reasonable in the circumstances) and give\neither orally or in writing that evidence and produce those\ndocuments.\nNote For how documents may be served, see the Legislation Act, pt 19.5.\n(2A) The notice may be served in any way that a notice may be issued or\ngiven under section 209 (Issue and giving of notice).\n(3) The notice must—\n(a) state that the requirement is made under this section; and\n(b) contain a statement to the effect that it is an offence to refuse or\nfail to comply with the requirement without reasonable excuse;\nand\n(c) if the notice requires the person to provide information or\ndocuments or answer questions—\n(i) contain a statement about the effect of—\n(A) section 172 (Abrogation of privilege against\nself-incrimination); and\n(B) section 269 (Act does not affect legal professional\nprivilege); and\n(ii) state that the person may attend with a legal practitioner.\n\n(4) The regulator must not make a requirement under subsection (2) (c)\nunless the regulator has taken all reasonable steps to obtain the\ninformation under subsection (2) (a) and (b) and has been unable to\ndo so.\n(5) A person must not, without reasonable excuse, refuse or fail to\ncomply with a requirement under this section.\n(6) Subsection (5) places an evidential burden on the accused to show a\n(7) Section 172 (with any necessary changes) applies to a requirement\nunder this section.\n(8) A notice may be served on a person under this section even though—\n(a) the person is outside the ACT; or\n(b) the notice relates to information, documents or evidence—\n(i) outside the ACT; or\n(ii) relating to a matter happening outside the ACT.\n\nAppointment of inspectors Division 9.1\n","sortOrder":173},{"sectionNumber":"Div 9","sectionType":"division","heading":"1 Appointment of inspectors","content":"Division 9.1 Appointment of inspectors\n","sortOrder":174},{"sectionNumber":"156","sectionType":"section","heading":"Appointment of inspectors","content":"156 Appointment of inspectors\nThe regulator may appoint any of the following as an inspector:\n(a) a public servant;\n(b) an employee of a public authority;\n(c) the holder of a statutory office;\n(d) a person who is appointed as an inspector under a corresponding\nWHS law;\n(e) a person in a prescribed class of persons.\n","sortOrder":175},{"sectionNumber":"157","sectionType":"section","heading":"Identity cards","content":"157 Identity cards\n(1) The regulator must give each inspector an identity card that\nincludes—\n(a) the person’s name; and\n(b) a statement that the person is an inspector; and\n(c) a recent photograph of the person; and\n(d) the card’s date of issue and expiry; and\n(e) anything else prescribed by regulation.\n(2) An inspector must produce his or her identity card for inspection on\nrequest when exercising compliance powers.\n(3) If a person to whom an identity card has been issued ceases to be an\ninspector, the person must return the identity card to the regulator as\nsoon as practicable.\n\n","sortOrder":176},{"sectionNumber":"158","sectionType":"section","heading":"Accountability of inspectors","content":"158 Accountability of inspectors\n(1) An inspector must give written notice to the regulator of all interests,\npecuniary or otherwise, that the inspector has, or acquires, and that\nconflict or could conflict with the proper performance of the\ninspector’s functions.\n(2) The regulator must give a direction to an inspector not to deal, or to\nno longer deal, with a matter if—\n(a) the regulator becomes aware that the inspector has a potential\nconflict of interest in relation to a matter; and\n(b) the regulator considers that the inspector should not deal, or\nshould no longer deal, with the matter.\n","sortOrder":177},{"sectionNumber":"159","sectionType":"section","heading":"Suspension and ending of appointment of inspectors","content":"159 Suspension and ending of appointment of inspectors\n(1) The regulator may suspend or end the appointment of an inspector.\n(2) A person’s appointment as an inspector ends when the person ceases\nto be eligible for appointment as an inspector.\n","sortOrder":178},{"sectionNumber":"160","sectionType":"section","heading":"Functions and powers of inspectors","content":"160 Functions and powers of inspectors\nAn inspector has the following functions and powers under this Act:\n(a) to provide information and advice about compliance with this\nAct;\n(b) to assist in the resolution of—\n(i) work health and safety issues at workplaces; and\n(ii) issues related to access to a workplace by an assistant to a\nhealth and safety representative; and\n\n(iii) issues related to the exercise or purported exercise of a\nright of entry under part 7 (Workplace entry by WHS entry\npermit-holders);\n(c) to review disputed provisional improvement notices;\n(d) to require compliance with this Act through the issuing of\nnotices;\n(e) to investigate contraventions of this Act and assist in the\nprosecution of offences;\n(f) to attend coronial inquests in relation to work-related deaths and\nexamine witnesses.\n","sortOrder":179},{"sectionNumber":"161","sectionType":"section","heading":"Conditions on inspectors’ compliance powers","content":"161 Conditions on inspectors’ compliance powers\nAn inspector’s compliance powers are subject to any conditions\nspecified in the instrument of the inspector’s appointment.\n","sortOrder":180},{"sectionNumber":"162","sectionType":"section","heading":"Inspectors subject to regulator’s directions","content":"162 Inspectors subject to regulator’s directions\n(1) An inspector is subject to the regulator’s directions in the exercise of\nthe inspector’s compliance powers.\n(2) A direction under subsection (1) may be of a general nature or may\nrelate to a specified matter or specified class of matter.\n","sortOrder":181},{"sectionNumber":"Subdiv 9","sectionType":"subdivision","heading":"3.1 General powers of entry","content":"Subdivision 9.3.1 General powers of entry\n","sortOrder":182},{"sectionNumber":"163","sectionType":"section","heading":"Powers of entry","content":"163 Powers of entry\n(1) An inspector may at any time enter a place that is, or that the inspector\nreasonably suspects is, a workplace.\n(2) An entry may be made under subsection (1) with, or without, the\nconsent of the person with management or control of the workplace.\n\n(3) If an inspector enters a place under subsection (1) and it is not a\nworkplace, the inspector must leave the place immediately.\n(4) An inspector may enter any place if the entry is authorised by a search\nwarrant.\nNote An inspector may enter residential premises to gain access to a workplace\n(see s 170 (c)).\n","sortOrder":183},{"sectionNumber":"164","sectionType":"section","heading":"Notification of entry","content":"164 Notification of entry\n(1) An inspector may enter a place under section 163 without prior notice\nto any person.\n(2) An inspector must, as soon as practicable after entry to a workplace\nor suspected workplace, take all reasonable steps to notify the\nfollowing persons of the entry and the purpose of the entry:\n(a) the relevant person conducting a business or undertaking at the\nworkplace;\n(b) the person with management or control of the workplace;\n(c) any health and safety representative for workers carrying out\nwork for that business or undertaking at the workplace.\n(3) However, an inspector is not required to notify any person if to do so\nwould defeat the purpose for which the place was entered or cause\nunreasonable delay.\nrelevant person conducting a business or undertaking means the\nperson conducting a business or undertaking in relation to which the\ninspector is exercising the powers of entry.\n","sortOrder":184},{"sectionNumber":"165","sectionType":"section","heading":"General powers on entry","content":"165 General powers on entry\n(1) An inspector who enters a workplace under section 163 may do 1 or\nmore of the following:\n(a) inspect, examine and make inquiries at the workplace;\n\n(b) inspect and examine anything (including a document) at the\nworkplace;\n(c) bring to the workplace and use any equipment or materials that\nmay be required;\n(d) take measurements, conduct tests and make sketches or\nrecordings (including photographs, films, audio, video, digital\nor other recordings);\n(e) take and remove for analysis a sample of any substance or thing\nwithout paying for it;\n(f) require a person at the workplace to give the inspector\nreasonable help to exercise the inspector’s powers under\nparagraphs (a) to (e);\n(g) exercise any compliance power or other power that is reasonably\nnecessary to be exercised by the inspector for the purposes of\n(2) A person required to give reasonable help under subsection (1) (f)\nmust not, without reasonable excuse, refuse or fail to comply with the\nrequirement.\n(3) Subsection (2) places an evidential burden on the accused to show a\n","sortOrder":185},{"sectionNumber":"166","sectionType":"section","heading":"Persons assisting inspectors","content":"166 Persons assisting inspectors\n(1) A person (the assistant), including an interpreter, may accompany the\ninspector entering a workplace under section 163 (Powers of entry)\nto assist the inspector if the inspector considers the assistance is\nnecessary.\n\n(2) The assistant—\n(a) may do the things at the place and in the manner that the\ninspector reasonably requires to assist the inspector to exercise\ncompliance powers; but\n(b) must not do anything that the inspector does not have power to\ndo, except as permitted under a search warrant.\n(3) Anything done lawfully by the assistant is taken for all purposes to\nhave been done by the inspector.\nSubdivision 9.3.2 Search warrants\n","sortOrder":186},{"sectionNumber":"167","sectionType":"section","heading":"Search warrants","content":"167 Search warrants\n(1) An inspector may apply to a magistrate for a search warrant for a\nplace.\n(2) The application must be sworn and state the grounds on which the\nwarrant is sought.\n(3) The magistrate may refuse to consider the application until the\ninspector gives the magistrate all the information the magistrate\nrequires about the application in the way the magistrate requires.\n(4) The magistrate may issue a search warrant only if the magistrate is\nsatisfied there are reasonable grounds for suspecting—\n(a) there is a particular thing or activity (the evidence) that may\nprovide evidence of an offence against this Act; and\n(b) the evidence is, or may be within the next 72 hours, at the place.\n\n(5) The search warrant must state—\n(a) that an inspector may, with any necessary and reasonable help\nand force, enter the place and exercise the inspector’s\ncompliance powers; and\n(b) the offence for which the search warrant is issued; and\n(c) the evidence that may be seized under the search warrant; and\n(d) the hours when the place may be entered; and\n(e) the date, within 7 days after the day of the search warrant’s\nissue, the search warrant ends.\n","sortOrder":187},{"sectionNumber":"167A","sectionType":"section","heading":"Warrants—application made other than in person","content":"167A Warrants—application made other than in person\n(1) An inspector may apply for a warrant by phone, fax, email, radio or\nother form of communication if the inspector considers it necessary\nbecause of—\n(a) urgent circumstances; or\n(b) other special circumstances.\n(2) Before applying for the warrant, the inspector must prepare an\napplication stating the grounds on which the warrant is sought.\n(3) The inspector may apply for the warrant before the application is\nsworn.\n(4) After issuing the warrant, the magistrate must immediately provide a\nwritten copy to the inspector if it is practicable to do so.\n(5) If it is not practicable to provide a written copy to the inspector—\n(a) the magistrate must tell the inspector—\n(i) the terms of the warrant; and\n(ii) the date and time the warrant was issued; and\n\n(b) the inspector must complete a form of warrant (the warrant\nform) and write on it—\n(i) the magistrate’s name; and\n(ii) the date and time the magistrate issued the warrant; and\n(iii) the warrant’s terms.\n(6) The written copy of the warrant, or the warrant form properly\ncompleted by the inspector, authorises the entry and the exercise of\nthe inspector’s powers under this part.\n(7) The inspector must, at the first reasonable opportunity, send to the\nmagistrate—\n(a) the sworn application; and\n(b) if the inspector completed a warrant form—the completed\nwarrant form.\n(8) On receiving the documents, the magistrate must attach them to the\nwarrant.\n(9) A court must find that a power exercised by the inspector was not\nauthorised by a warrant under this section if—\n(a) the question arises in a proceeding in the court whether the\nexercise of power was authorised by a warrant; and\n(b) the warrant is not produced in evidence; and\n(c) it is not proved that the exercise of power was authorised by a\nwarrant under this section.\n","sortOrder":188},{"sectionNumber":"168","sectionType":"section","heading":"Announcement before entry on warrant","content":"168 Announcement before entry on warrant\n(1) Before executing a search warrant, the inspector named in the warrant\nor an assistant to the inspector must—\n(a) announce that he or she is authorised by the warrant to enter the\nplace; and\n\n(b) give any person at the place an opportunity to allow that entry\nto the place.\n(2) However, the inspector or an assistant to the inspector is not required\nto comply with subsection (1) if he or she believes on reasonable\ngrounds that immediate entry to the place is needed to ensure—\n(a) the safety of any person; or\n(b) that the effective execution of the warrant is not frustrated.\n","sortOrder":189},{"sectionNumber":"169","sectionType":"section","heading":"Copy of warrant to be given to person with management","content":"169 Copy of warrant to be given to person with management\nor control of place\nIf the person who has, or appears to have, management or control of\na place is present at the place when a search warrant is being executed,\nthe inspector must—\n(a) identify himself or herself to that person by producing his or her\nidentity card for inspection; and\n(b) give that person—\n(i) a copy of the warrant; and\n(ii) a document setting out the rights and obligations of the\n","sortOrder":190},{"sectionNumber":"169A","sectionType":"section","heading":"Occupier entitled to be present during search etc","content":"169A Occupier entitled to be present during search etc\n(1) If the occupier of premises, or someone else who apparently\nrepresents the occupier, is present at the premises while a search\nwarrant is being executed, the person is entitled to observe the search\nbeing conducted.\n(2) However, the person is not entitled to observe the search if—\n(a) to do so would impede the search; or\n\n(b) the person is under arrest, and allowing the person to observe\nthe search being conducted would interfere with the objectives\nof the search.\n(3) This section does not prevent 2 or more areas of the premises being\nsearched at the same time.\nSubdivision 9.3.3 Limitation on entry powers\n","sortOrder":191},{"sectionNumber":"170","sectionType":"section","heading":"Places used for residential purposes","content":"170 Places used for residential purposes\nDespite anything else in this division, the powers of an inspector\nunder this division in relation to entering a place are not exercisable\nin relation to a part of a place that is used only for residential purposes\nexcept—\n(a) with the consent of the person with management or control of\nthe place; or\n(b) under the authority conferred by a search warrant; or\n(c) for the purpose only of gaining access to a suspected workplace,\nbut only—\n(i) if the inspector reasonably believes that no reasonable\nalternative access is available; and\n(ii) at a reasonable time having regard to the times at which the\ninspector believes work is being carried out at the place to\nwhich access is sought.\n\nSubdivision 9.3.4 Specific powers on entry\n","sortOrder":192},{"sectionNumber":"171","sectionType":"section","heading":"Power to require production of documents and answers","content":"171 Power to require production of documents and answers\nto questions\n(1) An inspector who enters a workplace under this division may, while\nthe inspector is at the workplace—\n(a) require a person to tell the inspector who has custody of, or\naccess to, a document; or\n(b) require a person who has custody of, or access to, a document\nmentioned in paragraph (a) to produce the document to the\ninspector; or\n(c) require a person at the workplace to answer any questions put\nby the inspector.\n(2) A requirement under subsection (1) (b) must be made by written\nnotice unless the circumstances require the inspector to have\nimmediate access to the document.\n(2A) Also, within 30 days after the day an inspector enters a workplace\nunder this division, the inspector or another inspector may give a\nwritten notice to a person—\n(a) if the person has custody of, or access to, a stated document—\nrequiring the person to produce the document to the inspector\nwithin a specified period; or\n(b) requiring the person to give written answers to specified\nquestions within a specified period; or\n(c) requiring the person to—\n(i) attend before the inspector at a specified time and place and\nanswer any questions put by the inspector; or\n(ii) attend before the inspector at a specified time, by\naudiovisual link or audio link, and answer any questions\nput by the inspector.\n\n(2B) If a person is required under subsection (2A) (c) (i) to attend before\nthe inspector in person—\n(a) the person may ask to attend before the inspector by audiovisual\nlink or audio link instead; and\n(b) the inspector must agree to the request if it would be reasonable\nin the circumstances.\n(2C) If a person is required under subsection (2A) (c) (ii) to attend before\nthe inspector by audiovisual link or audio link—\n(a) the person may ask to attend before the inspector in person\ninstead; and\n(b) the inspector must agree to the request if it would be reasonable\nin the circumstances.\n(2D) A requirement under subsection (2A) may only relate to a document\nor question relevant to the purpose for which the workplace was\nentered.\n(2E) A notice under subsection (2A) may be served in any way that a\nnotice may be issued or given under section 209 (Issue and giving of\nnotice).\n(3) An interview conducted by an inspector under subsection (1) (c) or\n(2A) (c) must be conducted in private if—\n(a) the inspector considers it appropriate; or\n(b) the person being interviewed so requests.\n(4) Subsection (3) does not—\n(a) limit the operation of section 166 (Persons assisting inspectors);\nor\n(b) prevent a representative of the person being interviewed from\nbeing present at the interview.\n\n(5) Subsection (3) may be invoked during an interview by—\n(a) the inspector; or\n(b) the person being interviewed,\nin which case the subsection applies to the remainder of the interview.\n(6) A person must not, without reasonable excuse, refuse or fail to\ncomply with a requirement under this section.\nNote 1 See s 172 and s 173 in relation to self-incrimination and s 269 in relation\nto legal professional privilege.\nNote 2 Strict liability applies to each physical element of this offence\n(7) Subsection (6) places an evidential burden on the accused to show a\n","sortOrder":193},{"sectionNumber":"172","sectionType":"section","heading":"Abrogation of privilege against self-incrimination","content":"172 Abrogation of privilege against self-incrimination\n(1) A person is not excused from answering a question or providing\ninformation or a document under this part on the ground that the\nanswer to the question, or the information or document, may tend to\nincriminate the person or expose the person to a penalty.\n(2) However, if the person is an individual, any information, document\nor thing obtained, directly or indirectly, because of the giving of the\nanswer or the production of the document is not admissible in\nevidence against the individual in a civil or criminal proceeding, other\nthan a proceeding for an offence arising out of the false or misleading\nnature of the answer, information or document.\n\n(3) To remove any doubt, this section does not apply to answering a\nquestion or providing information or a document in response to a\nrequirement made under a corresponding WHS law.\nExample\nIf the regulator in NSW issues a notice under the Work Health and Safety Act 2011\n(NSW), s 155 to a person in the ACT, that Act, s 172 applies to the requirement.\n","sortOrder":194},{"sectionNumber":"173","sectionType":"section","heading":"Warning to be given","content":"173 Warning to be given\n(1) Before requiring a person to answer a question or provide information\nor a document under this part, other than by a written notice under\nsection 171 (2A), an inspector must—\n(a) identify himself or herself to the person as an inspector by\nproducing the inspector’s identity card or in some other way;\nand\n(b) warn the person that it is an offence to refuse or fail to comply\nwith the requirement without reasonable excuse; and\n(c) warn the person about the effect of section 172; and\n(d) advise the person about the effect of section 269 (Act does not\naffect legal professional privilege).\n(1A) A written notice under section 171 (2A) must—\n(a) state that the notice is given under section 171 (2A); and\n(b) state the purpose of the entry to the workplace to which the\nnotice relates; and\n(c) contain a statement to the effect that it is an offence to refuse or\nfail to comply with a requirement in the notice without\nreasonable excuse; and\n(d) contain a statement about the effect of section 172 and\nsection 269; and\n\n(e) if the notice requires the person to attend before an inspector—\nstate that the person may attend with a legal practitioner or other\n(2) It is not an offence for an individual to refuse to answer a question\nput by an inspector or provide information or a document to an\ninspector under this part on the ground that the question, information\nor document might tend to incriminate the person, unless the person\nwas first given—\n(a) the warning in subsection (1) (c); or\n(b) a notice with the statement mentioned in subsection (1A) (d).\n(3) Nothing in this section prevents an inspector from obtaining and\nusing evidence given to the inspector voluntarily by any person.\n","sortOrder":195},{"sectionNumber":"174","sectionType":"section","heading":"Powers to copy and retain documents","content":"174 Powers to copy and retain documents\n(1) An inspector may—\n(a) make copies of, or take extracts from, a document given to the\ninspector in accordance with a requirement under this Act; and\n(b) keep that document for the period that the inspector considers\nnecessary.\n(2) While an inspector retains custody of a document, the inspector must\npermit the following persons to inspect or make copies of the\ndocument at all reasonable times:\n(a) the person who produced the document;\n(b) the owner of the document;\n(c) a person authorised by a person referred to in paragraph (a)\nor (b).\n\n","sortOrder":196},{"sectionNumber":"175","sectionType":"section","heading":"Power to seize evidence etc","content":"175 Power to seize evidence etc\n(1) An inspector who enters a workplace under section 163 (Powers of\nentry) may seize anything (including a document) at the place if the\ninspector reasonably believes the thing is evidence of an offence\nagainst this Act.\n(2) An inspector who enters a place with a search warrant may seize the\nevidence for which the warrant was issued.\n(3) An inspector may also seize anything else at the place if the inspector\nreasonably believes—\n(a) the thing is evidence of an offence against this Act; and\n(b) the seizure is necessary to prevent the thing being hidden, lost\nor destroyed or used to continue or repeat the offence.\n","sortOrder":197},{"sectionNumber":"176","sectionType":"section","heading":"Inspector’s power to seize dangerous workplaces and","content":"176 Inspector’s power to seize dangerous workplaces and\nthings\n(1) This section applies if an inspector who enters a workplace under this\npart reasonably believes that—\n(a) the workplace or part of the workplace; or\n(b) plant at the workplace; or\n(c) a substance at the workplace or part of the workplace; or\n(d) a structure at a workplace,\nis defective or hazardous to a degree likely to cause serious injury or\nillness or a dangerous incident to occur.\n(2) The inspector may seize the workplace or part, the plant, the\nsubstance or the structure.\n\n","sortOrder":198},{"sectionNumber":"177","sectionType":"section","heading":"Powers supporting seizure","content":"177 Powers supporting seizure\n(1) Having seized a thing, an inspector may—\n(a) move the thing from the place where it was seized (the place of\nseizure); or\n(b) leave the thing at the place of seizure but take reasonable action\nto restrict access to it; or\n(c) if the thing is plant or a structure—dismantle or cause to be\ndismantled the plant or structure.\nExamples—par (b)\n1 sealing a thing and marking it to show access to it is restricted\n2 sealing the entrance to a room where a thing is situated and marking it to show\naccess to it is restricted\n(2) If an inspector restricts access to a seized thing, a person must not\ntamper, or attempt to tamper, with the thing or something restricting\naccess to the thing without an inspector’s approval.\n(3) To enable a thing to be seized, an inspector may require the person in\ncontrol of it—\n(a) to take it to a stated reasonable place by a stated reasonable time;\nand\n(b) if necessary, to remain in control of it at the stated place for a\nreasonable time.\n(4) The requirement—\n(a) must be made by written notice; or\n(b) if for any reason it is not practicable to give the notice, may be\nmade orally and confirmed by written notice as soon as\n\n(5) A further requirement may be made under this section in relation to\nthe same thing if it is necessary and reasonable to make the further\nrequirement.\n(6) The person must not, without reasonable excuse, refuse or fail to\ncomply with a requirement under subsection (3) or (5).\n(7) Subsection (6) places an evidential burden on the accused to show a\n","sortOrder":199},{"sectionNumber":"178","sectionType":"section","heading":"Receipt for seized things","content":"178 Receipt for seized things\n(1) As soon as practicable after an inspector seizes a thing, the inspector\nmust give a receipt for it to the person from whom it was seized.\n(2) However, if for any reason it is not practicable to comply with\nsubsection (1), the inspector must leave the receipt in a conspicuous\nposition and in a reasonably secure way at the place of seizure.\n(3) The receipt must describe generally each thing seized and its\ncondition.\n(4) This section does not apply to a thing if it is impracticable or would\nbe unreasonable to give the receipt required by this section (given the\nthing’s nature, condition and value).\n","sortOrder":200},{"sectionNumber":"179","sectionType":"section","heading":"Forfeiture of seized things","content":"179 Forfeiture of seized things\n(1) A seized thing is forfeited to the Territory if the regulator—\n(a) cannot find the person entitled to the thing after making\nreasonable inquiries; or\n(b) cannot return it to the person entitled to it, after making\nreasonable efforts; or\n\n(c) reasonably believes it is necessary to forfeit the thing to prevent\nit being used to commit an offence against this Act.\n(2) Subsection (1) (a) does not require the regulator to make inquiries if\nit would be unreasonable to make inquiries to find the person entitled\nto the thing.\n(3) Subsection (1) (b) does not require the regulator to make efforts if it\nwould be unreasonable to make efforts to return the thing to the\nperson entitled to it.\n(4) If the regulator decides to forfeit the thing under subsection (1) (c),\nthe regulator must tell the person entitled to the thing of the decision\nby written notice.\n(5) Subsection (4) does not apply if—\n(a) the regulator cannot find the person entitled to the thing, after\nmaking reasonable inquiries; or\n(b) it is impracticable or would be unreasonable to give the notice.\n(6) The notice must state—\n(a) the reasons for the decision; and\n(b) that the person entitled to the thing may apply within 28 days\nafter the date of the notice for the decision to be reviewed; and\n(c) how the person may apply for the review; and\n(d) that the person may apply for a stay of the decision if the person\napplies for a review.\n(7) In deciding whether and, if so, what inquiries and efforts are\nreasonable or whether it would be unreasonable to give notice about\na thing, regard must be had to the thing’s nature, condition and value.\n(8) Any costs reasonably incurred by the Territory in storing or disposing\nof a thing forfeited under subsection (1) (c) may be recovered in a\ncourt of competent jurisdiction as a debt due to the Territory from that\n\n(9) In this section:\nperson entitled to a thing means the person from whom it was seized\nunless that person is not entitled to possess it in which case it means\nthe owner of the thing.\n","sortOrder":201},{"sectionNumber":"180","sectionType":"section","heading":"Return of seized things","content":"180 Return of seized things\n(1) If a seized thing has not been forfeited, the person entitled to the thing\nmay apply to the regulator for the return of the thing after the end of\n6 months after it was seized.\n(2) The regulator must return the thing to the applicant under\nsubsection (1) unless the regulator has reasonable grounds to retain\nthe thing.\n(3) The regulator may impose any conditions on the return of the thing\nunder this section that the regulator considers appropriate to eliminate\nor minimise any risk to work health or safety related to the thing.\nperson entitled to a thing means the person entitled to possess the\nthing or the owner of the thing.\n","sortOrder":202},{"sectionNumber":"181","sectionType":"section","heading":"Access to seized things","content":"181 Access to seized things\n(1) Until a seized thing is forfeited or returned, the regulator must permit\nthe following persons to inspect it and, if it is a document, to make\ncopies of it at all reasonable times:\n(a) the person from whom the thing was seized;\n(b) the owner of the thing;\n(c) a person authorised by a person referred to in paragraph (a) or\n(b).\n(2) Subsection (1) does not apply if it is impracticable or would be\nunreasonable to allow inspection or copying.\n\nDamage and compensation Division 9.4\nDivision 9.4 Damage and compensation\n","sortOrder":203},{"sectionNumber":"182","sectionType":"section","heading":"Damage etc to be minimised","content":"182 Damage etc to be minimised\nIn the exercise, or purported exercise, of a compliance power, an\ninspector must take all reasonable steps to ensure that the inspector,\nand any assistant to the inspector, cause as little inconvenience,\ndetriment and damage as is practicable.\n","sortOrder":204},{"sectionNumber":"183","sectionType":"section","heading":"Inspector to give notice of damage","content":"183 Inspector to give notice of damage\n(1) This section applies if an inspector, or an assistant to an inspector,\ndamages a thing when exercising, or purporting to exercise, a\ncompliance power.\n(2) The inspector must, as soon as practicable, give written notice of the\ndamage to the person who the inspector believes on reasonable\ngrounds is the person in control of the thing.\n(3) If the inspector believes the damage was caused by a latent defect in\nthe thing or circumstances beyond the inspector’s or assistant’s\ncontrol, the inspector may state it in the notice.\n(4) If, for any reason, it is impracticable to comply with subsection (2),\nthe inspector must leave the notice in a conspicuous position and in a\nreasonably secure way where the damage happened.\n(5) This section does not apply to damage the inspector reasonably\nbelieves is trivial.\n","sortOrder":205},{"sectionNumber":"184","sectionType":"section","heading":"Compensation","content":"184 Compensation\n(1) A person may claim compensation from the Territory if the person\nincurs loss or expense because of the exercise, or purported exercise,\nof a power under division 9.3 (Powers relating to entry).\n\n(2) Compensation may be claimed and ordered in a proceeding—\n(a) brought in a court of competent jurisdiction; or\n(b) for an offence against this Act brought against the person\nclaiming compensation.\n(3) The court may order compensation to be paid only if it is satisfied it\nis just to make the order in the circumstances of the particular case.\n(4) A regulation may prescribe matters that may, or must, be taken into\naccount by the court when considering whether it is just to make the\norder.\n","sortOrder":206},{"sectionNumber":"185","sectionType":"section","heading":"Power to require name and address","content":"185 Power to require name and address\n(1) An inspector may require a person to provide the person’s name and\nhome address if—\n(a) the inspector finds the person committing an offence against this\nAct; or\n(b) the inspector finds the person in circumstances that lead, or has\ninformation that leads, the inspector to reasonably suspect the\nperson has committed an offence against this Act; or\n(c) the inspector reasonably believes that the person may be able to\nassist in the investigation of an offence against this Act.\n(2) When asking a person to provide his or her name and home address,\nthe inspector must—\n(a) tell the person the reason for the requirement to provide his or\nher name and home address; and\n\nOffences in relation to inspectors Division 9.6\n(b) warn the person that it is an offence to fail to state his or her\nname and home address, unless the person has a reasonable\nexcuse.\n(3) If the inspector reasonably believes that the name or home address is\nfalse, the inspector may require the person to give evidence of its\ncorrectness.\n(4) A person must not, without reasonable excuse, refuse or fail to\ncomply with a requirement under subsection (1) or (3).\n(5) Subsection (4) places an evidential burden on the accused to show a\n","sortOrder":207},{"sectionNumber":"186","sectionType":"section","heading":"Inspector may take affidavits","content":"186 Inspector may take affidavits\nAn inspector is authorised to take affidavits for any purpose relating\nor incidental to the exercise of his or her compliance powers.\n","sortOrder":208},{"sectionNumber":"187","sectionType":"section","heading":"Attendance of inspector at coronial inquests","content":"187 Attendance of inspector at coronial inquests\nAn inspector may attend and has authority to examine witnesses at\nany inquest into the cause of death of a worker while carrying out\nwork.\n","sortOrder":209},{"sectionNumber":"188","sectionType":"section","heading":"Offence to hinder or obstruct inspector","content":"188 Offence to hinder or obstruct inspector\nA person must not intentionally hinder or obstruct an inspector in\nexercising his or her compliance powers, or induce or attempt to\ninduce any other person to do so.\n\n","sortOrder":210},{"sectionNumber":"189","sectionType":"section","heading":"Offence to impersonate inspector","content":"189 Offence to impersonate inspector\nA person who is not an inspector must not, in any way, recklessly\nhold himself or herself out to be an inspector.\n","sortOrder":211},{"sectionNumber":"190","sectionType":"section","heading":"Offence to assault, threaten or intimidate inspector","content":"190 Offence to assault, threaten or intimidate inspector\nA person commits an offence if—\n(a) the person engages in conduct; and\n(b) the person intends, by engaging in that conduct, to directly or\nindirectly assault, threaten or intimidate another person; and\n(c) the other person is an inspector or a person assisting an\ninspector.\n(a) for an individual—tier B monetary penalty or imprisonment for\n2 years or both; or\n(b) for a body corporate—tier B monetary penalty.\n\nImprovement notices Division 10.1\n","sortOrder":212},{"sectionNumber":"191","sectionType":"section","heading":"Issue of improvement notices","content":"191 Issue of improvement notices\n(1) This section applies if an inspector reasonably believes that a\n(a) is contravening a provision of this Act; or\n(b) has contravened a provision in circumstances that make it likely\nthat the contravention will continue or be repeated.\n(2) The inspector may issue an improvement notice requiring the person\nto—\n(a) remedy the contravention; or\n(b) prevent a likely contravention from occurring; or\n(c) remedy the things or operations causing the contravention or\nlikely contravention.\n","sortOrder":213},{"sectionNumber":"192","sectionType":"section","heading":"Contents of improvement notices","content":"192 Contents of improvement notices\n(1) An improvement notice must state—\n(a) that the inspector believes the person—\n(i) is contravening a provision of this Act; or\n(ii) has contravened a provision in circumstances that make it\nlikely that the contravention will continue or be repeated;\nand\n\n(b) the provision the inspector believes is being, or has been,\ncontravened; and\n(c) briefly, how the provision is being, or has been, contravened;\nand\n(d) the day by which the person is required to remedy the\ncontravention or likely contravention.\n(2) An improvement notice may include directions concerning the\nmeasures to be taken to remedy the contravention or prevent the likely\ncontravention, or the matters or activities causing the contravention\nor likely contravention, to which the notice relates.\n(3) The day stated for compliance with the improvement notice must be\nreasonable in all the circumstances.\n","sortOrder":214},{"sectionNumber":"193","sectionType":"section","heading":"Compliance with improvement notice","content":"193 Compliance with improvement notice\nThe person to whom an improvement notice is issued must comply\nwith the notice within the period specified in the notice.\n","sortOrder":215},{"sectionNumber":"194","sectionType":"section","heading":"Extension of time for compliance with improvement","content":"194 Extension of time for compliance with improvement\nnotices\n(1) This section applies if a person has been issued with an improvement\n(2) An inspector may, by written notice given to the person, extend the\ncompliance period for the improvement notice.\n(3) However, the inspector may extend the compliance period only if the\nperiod has not ended.\n\nProhibition notices Division 10.2\ncompliance period means the period stated in the improvement notice\nunder section 192 (Contents of improvement notices), and includes\nthat period as extended under this section.\n","sortOrder":216},{"sectionNumber":"195","sectionType":"section","heading":"Power to issue prohibition notice","content":"195 Power to issue prohibition notice\n(1) This section applies if an inspector reasonably believes that—\n(a) an activity is occurring at a workplace that involves, or will\ninvolve, a serious risk to the health or safety of a person\nemanating from an immediate or imminent exposure to a hazard;\nor\n(b) an activity may occur at a workplace that, if it occurs, will\ninvolve a serious risk to the health or safety of a person\nemanating from an immediate or imminent exposure to a hazard.\n(2) The inspector may give a person who has control over the activity a\ndirection prohibiting the carrying on of the activity, or the carrying\non of the activity in a specified way, until an inspector is satisfied that\nthe matters that give or will give rise to the risk have been remedied.\n(3) The direction may be given orally, but must be confirmed by written\nnotice (a prohibition notice) issued to the person as soon as\n","sortOrder":217},{"sectionNumber":"196","sectionType":"section","heading":"Contents of prohibition notice","content":"196 Contents of prohibition notice\n(1) A prohibition notice must state—\n(a) that the inspector believes that grounds for the issue of the\nprohibition notice exist and the basis for that belief; and\n(b) briefly, the activity that the inspector believes involves or will\ninvolve the risk and the matters that give or will give rise to the\nrisk; and\n\n(c) the provision of this Act that the inspector believes is being, or\nis likely to be, contravened by that activity.\n(2) A prohibition notice may include directions on the measures to be\ntaken to remedy the risk, activities or matters to which the notice\nrelates, or the contravention or likely contravention referred to in\nsubsection (1) (c).\n(3) Without limiting section 195, a prohibition notice that prohibits the\ncarrying on of an activity in a specified way may do so by stating 1 or\nmore of the following:\n(a) a workplace, or part of a workplace, at which the activity is not\nto be carried out;\n(b) anything that is not to be used in connection with the activity;\n(c) any procedure that is not to be followed in connection with the\nactivity.\n","sortOrder":218},{"sectionNumber":"197","sectionType":"section","heading":"Compliance with prohibition notice","content":"197 Compliance with prohibition notice\nThe person to whom a direction is given under section 195 (2) (Power\nto issue prohibition notice) or a prohibition notice is issued must\ncomply with the direction or notice.\n\nProhibited asbestos notices Division 10.2A\n","sortOrder":219},{"sectionNumber":"197A","sectionType":"section","heading":"Definitions—div 10.2A","content":"197A Definitions—div 10.2A\nasbestos means the asbestiform varieties of mineral silicates\nbelonging to the serpentine or amphibole groups of rock forming\nminerals, including the following:\n(a) actinolite asbestos;\n(b) grunerite (or amosite) asbestos (brown);\n(c) anthophyllite asbestos;\n(d) chrysotile asbestos (white);\n(e) crocidolite asbestos (blue);\n(f) tremolite asbestos;\n(g) a mixture that contains 1 or more of the minerals referred to in\nparagraphs (a) to (f).\nasbestos containing material (ACM) means any material or thing\nthat, as part of its design, contains asbestos.\nprohibited asbestos means asbestos or ACM, fixed or installed in a\nworkplace on or after 31 December 2003.\nrelevant person, in relation to a workplace, means a person—\n(a) conducting a business or undertaking at the workplace; or\n(b) with management or control of the workplace; or\n(c) with management or control of fixtures, fittings or plant at the\nworkplace; or\n(d) who the regulator reasonably believes is or was involved in, or\ncaused, whether directly or indirectly, the fixing or installing of\nprohibited asbestos at the workplace.\n\n","sortOrder":220},{"sectionNumber":"197B","sectionType":"section","heading":"Issue of prohibited asbestos notice","content":"197B Issue of prohibited asbestos notice\nThe regulator must issue a prohibited asbestos notice to a relevant\nperson in relation to a workplace if the regulator reasonably believes\nprohibited asbestos is present in the workplace.\n","sortOrder":221},{"sectionNumber":"197C","sectionType":"section","heading":"Contents of prohibited asbestos notice","content":"197C Contents of prohibited asbestos notice\n(1) A prohibited asbestos notice must state—\n(a) that the regulator believes prohibited asbestos is present in the\nworkplace and the basis of that belief; and\n(b) details of the prohibited asbestos, including the location, type\nand condition of the prohibited asbestos; and\n(c) directions in relation to specific measures the relevant person to\nwhom the prohibited asbestos notice is issued is required to take\nin relation to the prohibited asbestos, including in relation to the\nmanagement or removal of the prohibited asbestos; and\n(d) the day by which the relevant person to whom the prohibited\nasbestos notice is issued is required to comply with the\nprohibited asbestos notice.\n(2) The day stated for compliance with the prohibited asbestos notice\nmust be reasonable in all the circumstances.\n(3) The regulations may prescribe factors that must be considered by the\nregulator when determining specific measures the relevant person to\nwhom a prohibited asbestos notice is issued is required to take in\nrelation to prohibited asbestos.\n\nNon-disturbance notices Division 10.3\n","sortOrder":222},{"sectionNumber":"197D","sectionType":"section","heading":"Compliance with prohibited asbestos notice","content":"197D Compliance with prohibited asbestos notice\nA relevant person to whom a prohibited asbestos notice is issued\nunder section 197B must comply with the notice.\n","sortOrder":223},{"sectionNumber":"197E","sectionType":"section","heading":"Extension of time for compliance with prohibited","content":"197E Extension of time for compliance with prohibited\nasbestos notice\n(1) This section applies if a relevant person has been issued with a\nprohibited asbestos notice.\n(2) The regulator may, by written notice given to the relevant person,\nextend the compliance period for the prohibited asbestos notice.\n(3) However, the regulator may extend the compliance period only if the\nperiod has not ended.\ncompliance period means the period stated in the prohibited asbestos\nnotice under section 197C, and includes that period as extended under\nthis section.\n","sortOrder":224},{"sectionNumber":"198","sectionType":"section","heading":"Issue of non-disturbance notice","content":"198 Issue of non-disturbance notice\nAn inspector may issue a non-disturbance notice to the person with\nmanagement or control of a workplace if the inspector reasonably\nbelieves that it is necessary to do so to facilitate the exercise of his or\nher compliance powers.\n\n","sortOrder":225},{"sectionNumber":"199","sectionType":"section","heading":"Contents of non-disturbance notice","content":"199 Contents of non-disturbance notice\n(1) A non-disturbance notice may require the person to—\n(a) preserve the site at which a notifiable incident has occurred for\na specified period; or\n(b) prevent the disturbance of a particular site (including the\noperation of plant) in other circumstances for a specified period\nthat is reasonable in the circumstances.\n(2) A non-disturbance notice must specify the period (of not more than\n7 days) for which it applies and set out—\n(a) the obligations of the person to whom the notice is issued; and\n(b) the measures to be taken to preserve a site or prevent disturbance\nof a site; and\n(c) the penalty for contravening the notice.\n(3) In subsection (1) a reference to a site includes any plant, substance,\nstructure or thing associated with the site.\n(4) A non-disturbance notice does not prevent any action—\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 prevent a further\nincident; or\n(d) that is associated with a police investigation; or\n(e) for which an inspector has given permission.\n\nGeneral requirements applying to notices Division 10.4\n","sortOrder":226},{"sectionNumber":"200","sectionType":"section","heading":"Compliance with non-disturbance notice","content":"200 Compliance with non-disturbance notice\n(1) A person must not, without reasonable excuse, refuse or fail to\ncomply with a non-disturbance notice issued to the person.\n(2) Subsection (1) places an evidential burden on the accused to show a\n","sortOrder":227},{"sectionNumber":"201","sectionType":"section","heading":"Issue of subsequent notices","content":"201 Issue of subsequent notices\nIf an inspector considers it necessary to do so, he or she may issue\n1 or more subsequent non-disturbance notices to a person, whether\nbefore or after the expiry of the previous notice, each of which must\ncomply with section 199 (Contents of non-disturbance notice).\n","sortOrder":228},{"sectionNumber":"Div 10","sectionType":"division","heading":"4 General requirements applying to","content":"Division 10.4 General requirements applying to\nnotices\n","sortOrder":229},{"sectionNumber":"202","sectionType":"section","heading":"Application—div 10.4","content":"202 Application—div 10.4\nnotice means improvement notice, prohibition notice,\nnon-disturbance notice or prohibited asbestos notice.\n","sortOrder":230},{"sectionNumber":"203","sectionType":"section","heading":"Notice to be in writing","content":"203 Notice to be in writing\nA notice must be in writing.\n\nDivision 10.4 General requirements applying to notices\n","sortOrder":231},{"sectionNumber":"204","sectionType":"section","heading":"Directions in notices","content":"204 Directions in notices\nA direction included in an improvement notice, prohibition notice or\nprohibited asbestos notice may—\n(a) refer to a code of practice; and\n(b) offer the person to whom it is issued a choice of measures to\ntake or ways in which to remedy the contravention.\n","sortOrder":232},{"sectionNumber":"205","sectionType":"section","heading":"Recommendations in notice","content":"205 Recommendations in notice\n(1) An improvement notice, prohibition notice or prohibited asbestos\nnotice may include recommendations.\n(2) It is not an offence to fail to comply with recommendations in a\n","sortOrder":233},{"sectionNumber":"206","sectionType":"section","heading":"Changes to notice","content":"206 Changes to notice\n(1) An inspector may—\n(a) make minor changes to a notice issued by an inspector; or\n(b) extend the compliance period for an improvement notice in\naccordance with section 194.\n(2) The regulator may—\n(a) make minor changes to a prohibited asbestos notice issued by\nthe regulator; or\n(b) extend the compliance period of a prohibited asbestos notice in\naccordance with section 197E.\nminor changes mean a minor change to a notice—\n(a) for clarification; or\n\nGeneral requirements applying to notices Division 10.4\n(b) to correct errors or references; or\n(c) to reflect changes of address or other circumstances.\n","sortOrder":234},{"sectionNumber":"207","sectionType":"section","heading":"Regulator may vary or cancel notice","content":"207 Regulator may vary or cancel notice\n(1) Except as provided in section 206, a notice issued by an inspector\nmay only be varied or cancelled by the regulator.\n(2) A notice issued by the regulator may only be varied or cancelled by\nthe regulator.\n","sortOrder":235},{"sectionNumber":"208","sectionType":"section","heading":"Formal irregularities or defects in notice","content":"208 Formal irregularities or defects in notice\nA notice is not invalid only because of—\n(a) a formal defect or irregularity in the notice unless the defect or\nirregularity causes, or is likely to cause, substantial injustice; or\n(b) a failure to use the correct name of the person to whom the notice\nis issued if the notice sufficiently identifies the person and is\nissued or given to the person in accordance with section 209.\n","sortOrder":236},{"sectionNumber":"209","sectionType":"section","heading":"Issue and giving of notice","content":"209 Issue and giving of notice\n(1) A notice may be issued or given to a person—\n(a) by delivering it personally to the person or sending it by post or\nfax or electronic transmission to the person’s usual or last known\nplace of residence or business; or\n(b) by leaving it for the person at the person’s usual or last known\nplace of residence or business with a person who appears to be\nover 16 years and who appears to reside or work there; or\n(c) by leaving it for the person at the workplace to which the notice\nrelates with a person who is or appears to be the person with\nmanagement or control of the workplace; or\n(d) in a prescribed manner.\n\n(2) A regulation may prescribe—\n(a) the manner of issuing a notice; and\n(b) the steps a person to whom a notice is issued must take to bring\nit to the attention of other persons.\n","sortOrder":237},{"sectionNumber":"210","sectionType":"section","heading":"Display of notice","content":"210 Display of notice\n(1) A person to whom a notice is issued must, as soon as possible, display\na copy of the notice in a prominent place at or near the workplace, or\npart of the workplace, at which work is being carried out that is\naffected by the notice.\n(2) A person must not intentionally remove, destroy, damage or deface a\nnotice displayed under subsection (1) while the notice is in force.\n","sortOrder":238},{"sectionNumber":"211","sectionType":"section","heading":"When regulator may carry out action","content":"211 When regulator may carry out action\n(1) This section applies if a person to whom a prohibition notice or\nprohibited asbestos notice is issued fails to take reasonable steps to\ncomply with the notice.\n(2) The regulator may take any remedial action the regulator believes\nreasonable to make the workplace or situation safe after giving\nwritten notice to the person to whom the prohibition notice or\nprohibited asbestos notice was issued of—\n(a) the regulator’s intention to take that action; and\n(b) the owner’s or person’s liability for the costs of that action.\n\nRemedial action Division 10.5\n","sortOrder":239},{"sectionNumber":"212","sectionType":"section","heading":"Power of the regulator to take other remedial action","content":"212 Power of the regulator to take other remedial action\n(1) This section applies if the regulator reasonably believes that—\n(a) circumstances in which a prohibition notice or prohibited\nasbestos notice can be issued exist; and\n(b) a prohibition notice or prohibited asbestos notice cannot be\nissued because, after taking reasonable steps—\n(i) in relation to a prohibition notice—the person with\nmanagement or control of the workplace cannot be found;\nor\n(ii) in relation to a prohibited asbestos notice—a relevant\nperson in relation to the workplace cannot be found.\n(2) The regulator may take any remedial action necessary to make the\nworkplace safe.\n","sortOrder":240},{"sectionNumber":"213","sectionType":"section","heading":"Costs of remedial or other action","content":"213 Costs of remedial or other action\nThe regulator may recover the reasonable costs of any remedial action\ntaken under—\n(a) section 211 (When regulator may carry out action) from the\nperson to whom the notice is issued; or\n(b) section 212 from any person to whom the prohibition notice or\nprohibited asbestos notice could have been issued in relation to\nthe matter,\nas a debt due to the Territory.\n\n","sortOrder":241},{"sectionNumber":"214","sectionType":"section","heading":"Application—div 10.6","content":"214 Application—div 10.6\nnotice means improvement notice, prohibition notice,\nnon-disturbance notice or prohibited asbestos notice.\n","sortOrder":242},{"sectionNumber":"215","sectionType":"section","heading":"Injunction for noncompliance with notice","content":"215 Injunction for noncompliance with notice\n(1) The regulator may apply to the Supreme Court for an injunction—\n(a) compelling a person to comply with a notice; or\n(b) restraining a person from contravening a notice.\n(2) The regulator may do so—\n(a) whether or not a proceeding has been brought for an offence\nagainst this Act in connection with any matter in relation to\nwhich the notice was issued; and\n(b) whether any period for compliance with the notice has expired.\n\nEnforceable undertakings Part 11\n","sortOrder":243},{"sectionNumber":"216","sectionType":"section","heading":"Regulator may accept WHS undertakings","content":"216 Regulator may accept WHS undertakings\n(1) The regulator may accept a written undertaking\n(a WHS undertaking) given by a person in connection with a matter\nrelating to a contravention or alleged contravention by the person of\nNote Section 230 (3) requires the regulator to publish guidelines in relation to\nthe acceptance of WHS undertakings.\n(2) However, a WHS undertaking cannot be accepted for a contravention\nor alleged contravention of—\n(a) a category 1 offence; or\n(b) an industrial manslaughter offence.\n(3) The giving of a WHS undertaking does not constitute an admission\nof guilt by the person giving it in relation to the contravention or\nalleged contravention to which the undertaking relates.\n","sortOrder":244},{"sectionNumber":"217","sectionType":"section","heading":"Notice of decision and reasons for decision","content":"217 Notice of decision and reasons for decision\n(1) The regulator must give a person seeking to make a WHS undertaking\nwritten notice of the regulator’s decision to accept or reject the\nWHS undertaking and of the reasons for the decision.\n(2) The regulator must publish, on the regulator’s website, notice of a\ndecision to accept a WHS undertaking and the reasons for that\n","sortOrder":245},{"sectionNumber":"218","sectionType":"section","heading":"When a WHS undertaking is enforceable","content":"218 When a WHS undertaking is enforceable\nA WHS undertaking takes effect and becomes enforceable when the\nregulator’s decision to accept the undertaking is given to the person\nwho made the undertaking or at any later date specified by the\nregulator.\n\n","sortOrder":246},{"sectionNumber":"219","sectionType":"section","heading":"Compliance with WHS undertaking","content":"219 Compliance with WHS undertaking\nA person must not contravene a WHS undertaking made by that\nperson that is in effect.\n","sortOrder":247},{"sectionNumber":"220","sectionType":"section","heading":"Contravention of WHS undertaking","content":"220 Contravention of WHS undertaking\n(1) The regulator may apply to a court for an order if a person\ncontravenes a WHS undertaking.\n(2) If the court is satisfied that the person who made the\nWHS undertaking has contravened the undertaking, the court, in\naddition to the imposition of any penalty, may make 1 or both of the\nfollowing orders:\n(a) an order directing the person to comply with the undertaking;\n(b) an order discharging the undertaking.\n(3) In addition to the orders referred to in subsection (2), the court may\nmake any other order that the court considers appropriate in the\ncircumstances, including orders directing the person to pay to the\nTerritory—\n(a) the costs of the proceeding; and\n(b) the reasonable costs of the regulator in monitoring compliance\nwith the WHS undertaking in the future.\n(4) Nothing in this section prevents a proceeding being brought for the\ncontravention or alleged contravention of this Act to which the\nWHS undertaking relates.\nNote Section 222 specifies circumstances affecting a proceeding for a\ncontravention for which a WHS undertaking has been given.\n\nEnforceable undertakings Part 11\n","sortOrder":248},{"sectionNumber":"221","sectionType":"section","heading":"Withdrawal or variation of WHS undertaking","content":"221 Withdrawal or variation of WHS undertaking\n(1) A person who has made a WHS undertaking may at any time, with\nthe written agreement of the regulator—\n(a) withdraw the undertaking; or\n(b) vary the undertaking.\n(2) However, the provisions of the undertaking cannot be varied to\nprovide for a different alleged contravention of the Act.\n(3) The regulator must publish, on the regulator’s website, notice of the\nwithdrawal or variation of a WHS undertaking.\n","sortOrder":249},{"sectionNumber":"222","sectionType":"section","heading":"Proceeding for alleged contravention","content":"222 Proceeding for alleged contravention\n(1) Subject to this section, no proceeding for a contravention, or alleged\ncontravention, of this Act may be brought against a person if a\nWHS undertaking is in effect in relation to that contravention.\n(2) No proceeding may be brought for a contravention, or alleged\ncontravention, of this Act against a person who has made a\nWHS undertaking in relation to the contravention and has completely\ndischarged the WHS undertaking.\n(3) The regulator may accept a WHS undertaking in relation to a\ncontravention, or alleged contravention, before a proceeding in\nrelation to the contravention has been finalised.\n(4) If the regulator accepts a WHS undertaking before the proceeding is\nfinalised, the regulator must take all reasonable steps to have the\nproceeding discontinued as soon as possible.\n\n","sortOrder":250},{"sectionNumber":"223","sectionType":"section","heading":"Which decisions are reviewable","content":"223 Which decisions are reviewable\n(1) Table 223 sets out—\n(a) decisions made under this Act that are reviewable in accordance\nwith this part (reviewable decisions); and\n(b) who is eligible to apply for review of a reviewable decision (the\neligible person).\n(2) Unless the contrary intention appears, a reference in this part to a\ndecision includes a reference to:\n(a) making, suspending, revoking or refusing to make an order,\ndetermination or decision;\n(b) giving, suspending, revoking or refusing to give a direction,\napproval, consent or permission;\n(c) issuing, suspending, revoking or refusing to issue an\nauthorisation;\n(d) imposing a condition;\n(e) making a declaration, demand or requirement;\n(f) retaining, or refusing to deliver up, a thing;\n(g) doing or refusing to do another act or thing.\nperson entitled to a thing means the person from whom it was seized\nunless that person is not entitled to possess it, in which case it means\nthe owner of the thing.\nNote Decisions under the regulation that will be reviewable decisions will be\nset out in the regulation.\n\nTable 223 Reviewable decisions and eligible persons\nitem\n1 s 54 (2)\n(decision following failure to\ncommence negotiations)\n(1) A worker whose interests are affected\nby the decision or his or her\nrepresentative appointed for the\npurpose of s 52 (1) (b).\n(3) A health and safety representative who\n2 s 72 (6)\nof health and safety\nrepresentative)\n(1) A person conducting a business or\n(2) A health and safety representative\n2A s 72A (7)\nof health and safety\nrepresentative)\n(1) The principal contractor for a major\nconstruction project.\n(2) A health and safety representative\n3 s 76 (6)\n(decision relating to health and\nsafety committee)\n(1) A worker whose interests are affected\n(3) A health and safety representative who\n\nitem\n3A s 79A (7)\nof members of health and safety\ncommittee)\n(1) The principal contractor for a major\nconstruction project.\n(2) A health and safety committee member\n4 s 102\n(decision on review of\nprovisional improvement notice)\n(1) The person to whom the provisional\nimprovement notice was issued.\n(2) The health and safety representative\nwho issued the provisional\nimprovement notice.\n(5) A person conducting a business or\n5 s 134\n(decision to refuse to issue a\nWHS permit)\n(1) The relevant union.\n(2) The person for whom the entry permit\nis sought.\n6 s 140\n(decision to revoke, suspend or\ntake other action in relation to a\nWHS entry permit)\n(1) The relevant union.\n(2) The WHS permit-holder.\n7 s 179\n(forfeiture of thing)\nThe person entitled to the thing.\n8 s 180\n(return of seized things)\nThe person entitled to the thing.\n\nitem\n9 s 191\n(issue of improvement notice)\n9A s 197B\n(issue of prohibited asbestos\n9B s 197E\n(extension of time for\ncompliance with prohibited\nasbestos notice)\n\nitem\n10 s 194\n(extension of time for\ncompliance with improvement\n11 s 195\n(issue of prohibition notice)\ncontrol of the workplace, plant or\nsubstance.\n(6) A health and safety representative who\ngave a direction under s 85 to cease\nwork, that is relevant to the prohibition\n\nitem\n12 s 198\n(issue of a non-disturbance\n13 s 201\n(issue of subsequent notice)\n\nitem\n14 s 207\n(Decision of regulator to vary or\ncancel notice)\n(6) For a prohibition notice, a health and\nsafety representative whose direction\nunder s 85 to cease work gave rise to\nthe notice.\n15 A provision of the regulation\nprescribed by regulation to be\nreviewable in accordance with\nthis part.\nA person prescribed by regulation as eligible\nto apply for review of the reviewable\n","sortOrder":251},{"sectionNumber":"224","sectionType":"section","heading":"Application for internal review","content":"224 Application for internal review\n(1) An eligible person in relation to a reviewable decision, other than a\ndecision made by the regulator or a delegate of the regulator, may\napply to the regulator for review (an internal review) of the decision\nwithin—\n(a) the relevant time after the day on which the decision first came\nto the eligible person’s notice; or\n(b) such longer period that the regulator allows.\n\nInternal review Division 12.2\n(2) The application must be made in the manner and form required by the\nregulator.\nNote If a form is approved under s 277 for this provision, the form must be\nused.\n(3) For the purposes of this section:\nrelevant time means—\n(a) in the case of a decision to issue an improvement notice—the\nperiod specified in the notice for compliance with the notice or\n14 days, whichever is the lesser; and\n(b) in any other case—14 days.\n","sortOrder":252},{"sectionNumber":"225","sectionType":"section","heading":"Internal reviewer","content":"225 Internal reviewer\n(1) The regulator may appoint a person or body to review decisions on\napplications under this division.\n(2) The person who made the decision cannot be an internal reviewer in\nrelation to that decision.\n","sortOrder":253},{"sectionNumber":"226","sectionType":"section","heading":"Decision of internal reviewer","content":"226 Decision of internal reviewer\n(1) The internal reviewer must review the reviewable decision and make\na decision as soon as is reasonably practicable and within 14 days\nafter the application for internal review is received.\n(2) The decision may be—\n(a) to confirm or vary the reviewable decision; or\n(b) to set aside the reviewable decision and substitute another\ndecision that the internal reviewer considers appropriate.\n(3) If the internal reviewer seeks further information from the applicant,\nthe 14-day period ceases to run until the applicant provides the\ninformation to the internal reviewer.\n\n(4) The applicant must provide the further information within the time\n(being not less than 7 days) specified by the internal reviewer in the\nrequest for information.\n(5) If the applicant does not provide the further information within the\nrequired time, the decision is taken to have been confirmed by the\ninternal reviewer at the end of the required time.\n(6) If the reviewable decision is not varied or set aside within the 14-day\nperiod, the decision is taken to have been confirmed by the internal\nreviewer.\n","sortOrder":254},{"sectionNumber":"227","sectionType":"section","heading":"Decision on internal review","content":"227 Decision on internal review\nAs soon as practicable after reviewing the decision, the internal\nreviewer must give the applicant in writing—\n(a) the decision on the internal review; and\n(b) the reasons for the decision.\n","sortOrder":255},{"sectionNumber":"228","sectionType":"section","heading":"Stays of reviewable decisions on internal review","content":"228 Stays of reviewable decisions on internal review\n(1) An application for an internal review of a reviewable decision (other\nthan a decision to issue a prohibition notice or a non-disturbance\nnotice) stays the operation of the decision.\n(2) If an application is made for an internal review of a decision to issue\na prohibition notice or a non-disturbance notice, the reviewer may\nstay the operation of the decision.\n(3) The reviewer may make the decision to stay the operation of a\ndecision on the reviewer’s own initiative or on the application of the\napplicant for review.\n(4) The reviewer must make a decision on an application for a stay within\n1 working day after the reviewer receives the application.\n\nExternal review Division 12.3\n(5) If the reviewer has not made a decision to stay a decision within the\ntime set out in subsection (4), the reviewer is taken to have made a\ndecision to grant a stay.\n(6) A stay of the operation of a decision pending a decision on an internal\nreview continues until whichever of the following is earlier:\n(a) the end of the prescribed period for applying for an external\nreview of the decision made on the internal review;\n(b) an application for external review is made.\n","sortOrder":256},{"sectionNumber":"Div 12","sectionType":"division","heading":"3 External review","content":"Division 12.3 External review\n","sortOrder":257},{"sectionNumber":"229","sectionType":"section","heading":"Application for external review","content":"229 Application for external review\n(1) An eligible person may apply to the ACAT for review (an external\nreview) of—\n(a) a reviewable decision made by the regulator; or\n(b) a decision made, or taken to have been made, on an internal\nreview.\n(2) The application must be made—\n(a) if the decision was to forfeit a thing (including a document)\nwithin 28 days after the day on which the decision first came to\nthe applicant’s notice; or\n(b) in the case of any other decision—within 14 days after the day\non which the decision first came to the applicant’s notice; or\n(c) if the regulator is required by the ACAT to give the eligible\nperson a statement of reasons, within 14 days after the day on\nwhich the statement is provided.\n\n","sortOrder":258},{"sectionNumber":"230","sectionType":"section","heading":"Prosecutions","content":"230 Prosecutions\n(1) Subject to subsection (5), a proceeding for an offence against this Act\nmay be brought by—\n(b) an inspector with the written authorisation of the regulator\n(either generally or in a particular case).\n(2) If the regulator believes on reasonable grounds that a person has\ncommitted an offence against this Act, the regulator may refer the\nmatter to the DPP.\n(3) The regulator must issue, and publish on the regulator’s website,\ngeneral guidelines in relation to—\n(a) the referral of matters to the DPP under this section; and\n(b) the acceptance of WHS undertakings under this Act.\n(4) A guideline is a notifiable instrument.\n(5) Nothing in this section affects the ability of the DPP to bring a\nproceeding for an offence against this Act.\n\nGeneral matters Division 13.1\n","sortOrder":259},{"sectionNumber":"231","sectionType":"section","heading":"Procedure if prosecution is not brought","content":"231 Procedure if prosecution is not brought\n(1) This section applies if—\n(a) a person—\n(i) reasonably considers that the occurrence of an act, matter\nor thing constitutes a category 1 offence or a category 2\n(ii) reasonably considers, from a coronial report or a\nproceeding at a coronial inquiry or inquest, that a\ncategory 1 offence or a category 2 offence has been\ncommitted; and\n(b) no prosecution for the offence has been brought.\n(1A) The person may make a written request to the regulator that a\nprosecution be brought.\n(1B) The request may be made—\n(a) if subsection (1) (a) (i) applies—at least 6 months but not more\nthan 18 months after the act, matter or thing happens; or\n(b) if subsection (1) (a) (ii) applies—within 6 months after the day\nthe report is made or the inquiry or inquest ends.\nNote See s 232 in relation to the limitation period for prosecutions.\n(2) Within 3 months after the regulator receives a request the regulator\nmust—\n(a) advise the applicant (in writing)—\n(i) whether the investigation is complete; and\n(ii) if the investigation is complete—\n(A) whether the regulator has referred or will be referring\nthe matter to the DPP; or\n\n(B) the reasons why the regulator will not be referring the\nmatter to the DPP; and\n(b) advise the person who the applicant believes committed the\noffence of the application.\n(2A) If, under subsection (2) (a) (i), the regulator advises the person that\nthe investigation is not complete, the regulator must—\n(a) until the investigation is complete, give the person a written\nupdate about the investigation at least every 3 months; and\n(b) when the investigation is complete, give the person a written\nnotice stating—\n(i) whether a prosecution will be brought; and\n(ii) if a prosecution will not be brought—the reasons why.\n(3) If the regulator advises the person under subsection (2) or (2A) that\nthe regulator will not be referring a matter concerning a category 1\noffence, a category 2 offence or an industrial manslaughter offence to\nthe DPP, the regulator must—\n(a) advise the person that the person may ask the regulator to refer\nthe matter to the DPP for consideration; and\n(b) if the person makes a written request to the regulator to do so,\nrefer the matter to the DPP within 1 month of the request.\n(4) The DPP must consider the matter and advise (in writing) the\nregulator as soon as practicable as to whether the DPP considers that\na prosecution should be brought.\n(5) If the DPP considers that a prosecution should not be brought, the\nregulator must ensure that written reasons for the decision are given\nto—\n(a) the person who made the request; and\n(b) the person who the applicant believes committed the offence.\n\nGeneral matters Division 13.1\n(6) If the regulator declines to follow the advice of the DPP to bring a\nproceeding, the regulator must give written reasons for the decision\nto any person to whom written reasons are given under subsection (5).\n(7) In this section a reference to the occurrence of an act, matter or thing\nincludes a reference to a failure in relation to an act, matter or thing.\n","sortOrder":260},{"sectionNumber":"232","sectionType":"section","heading":"Limitation period for prosecutions","content":"232 Limitation period for prosecutions\n(1) A proceeding for an offence against this Act may be brought within\nthe latest of the following periods:\n(a) within 2 years after the offence first comes to the notice of the\nregulator;\n(b) within 1 year after a coronial report was made or a coronial\ninquiry or inquest ended, if it appeared from the report or the\nproceeding at the inquiry or inquest that an offence had been\ncommitted against this Act;\n(c) if a WHS undertaking has been given in relation to the\noffence—within 6 months after—\n(i) the WHS undertaking is contravened; or\n(ii) it comes to the notice of the regulator that the\nWHS undertaking has been contravened; or\n(iii) the regulator has agreed under section 221 (Withdrawal or\nvariation of WHS undertaking) to the withdrawal of the\nWHS undertaking.\n(2) A proceeding for an offence may be brought after the end of the\napplicable limitation period in subsection (1) with the leave of the\ncourt.\n(3) The court may grant leave under subsection (2) only if satisfied that\nit is in the interests of justice.\n(4) This section does not apply to a proceeding for an industrial\nmanslaughter offence.\n\n","sortOrder":261},{"sectionNumber":"233","sectionType":"section","heading":"Multiple contraventions of health and safety duty","content":"233 Multiple contraventions of health and safety duty\n(1) Two or more contraventions of a health and safety duty provision by\na person that arise out of the same factual circumstances may be\ncharged as a single offence or as separate offences.\n(2) However, this section does not authorise contraventions of 2 or more\nhealth and safety duty provisions to be charged as a single offence.\n(3) A single penalty only may be imposed in relation to 2 or more\ncontraventions of a health and safety duty provision that are charged\nas a single offence.\nhealth and safety duty provision means a provision of—\n(c) division 2.4 (Duty of officers, workers and other persons).\n","sortOrder":262},{"sectionNumber":"234","sectionType":"section","heading":"Application—div 13.2","content":"234 Application—div 13.2\nThis division applies if a court convicts a person, or finds a person\nguilty (the offender), of an offence against this Act.\n\nSentencing for offences Division 13.2\n","sortOrder":263},{"sectionNumber":"235","sectionType":"section","heading":"Orders generally","content":"235 Orders generally\n(1) One or more orders may be made under this division against the\noffender.\n(2) An order may be made under this division in addition to any penalty\nthat may be imposed or any other action that may be taken in relation\nto the offence.\nNote An order under this division may be made as a condition of a good\nbehaviour order under the Crimes (Sentencing) Act 2005.\n","sortOrder":264},{"sectionNumber":"236","sectionType":"section","heading":"Adverse publicity orders","content":"236 Adverse publicity orders\n(1) The court may make an order (an adverse publicity order) in relation\nto the offender, requiring the offender—\n(a) to take either or both of the following actions within the period\nspecified in the order:\n(i) to publicise, in the way specified in the order, the offence,\nits consequences, the penalty imposed and any other\nrelated matter;\n(ii) to notify a specified person or specified class of persons, in\nthe way specified in the order, of the offence, its\nconsequences, the penalty imposed and any other related\n(b) to give the regulator, within 7 days after the end of the period\nspecified in the order, evidence that the action or actions were\ntaken by the offender in accordance with the order.\n(2) The court may make an adverse publicity order on its own initiative\nor on the application of the DPP.\n(3) If the offender fails to give evidence to the regulator in accordance\nwith subsection (1) (b), the regulator, or a person authorised in\nwriting by the regulator, may take the action or actions specified in\nthe order.\n\n(4) However, if—\n(a) the offender gives evidence to the regulator in accordance with\nsubsection (1) (b); and\n(b) despite that evidence, the regulator is not satisfied that the\noffender has taken the action or actions specified in the order in\naccordance with the order,\nthe regulator may apply to the court for an order authorising the\nregulator, or a person authorised in writing by the regulator, to take\nthe action or actions.\n(5) If the regulator or a person authorised in writing by the regulator takes\nan action or actions in accordance with subsection (3) or an order\nunder subsection (4), the regulator is entitled to recover from the\noffender, by action in a court of competent jurisdiction, an amount in\nrelation to the reasonable expenses of taking the action or actions as\na debt due to the Territory.\n","sortOrder":265},{"sectionNumber":"237","sectionType":"section","heading":"Orders for restoration","content":"237 Orders for restoration\n(1) The court may order the offender to take such steps as are specified\nin the order, within the period specified, to remedy any matter caused\nby the commission of the offence that appears to the court to be within\nthe offender’s power to remedy.\n(2) The period in which an order under this section must be complied\nwith may be extended, or further extended, by order of the court but\nonly if an application for the extension is made before the end of that\nperiod.\n","sortOrder":266},{"sectionNumber":"238","sectionType":"section","heading":"Work health and safety project orders","content":"238 Work health and safety project orders\n(1) The court may make an order requiring the offender to undertake a\nspecified project for the general improvement of work health and\nsafety within the period specified in the order.\n\nSentencing for offences Division 13.2\n(2) The order may specify conditions that must be complied with in\nundertaking the specified project.\n","sortOrder":267},{"sectionNumber":"239","sectionType":"section","heading":"Release on the giving of a court-ordered WHS","content":"239 Release on the giving of a court-ordered WHS\nundertaking\n(1) The court may (with or without recording a conviction) adjourn the\nproceeding for a period of up to 2 years and make an order for the\nrelease of the offender on the offender giving an undertaking with\nspecified conditions (a court-ordered WHS undertaking).\n(2) A court-ordered WHS undertaking must specify the following\nconditions:\n(a) that the offender appears before the court if called on to do so\nduring the period of the adjournment and, if the court so\nspecifies, at the time to which the further hearing is adjourned;\n(b) that the offender does not commit, during the period of the\nadjournment, any offence against this Act;\n(c) that the offender observes any special conditions imposed by the\ncourt.\n(3) An offender who has given a court-ordered WHS undertaking under\nthis section may be called on to appear before the court by order of\nthe court.\n(4) An order under subsection (3) must be served on the offender not less\nthan 4 days before the time specified in it for the appearance.\n(5) If the court is satisfied at the time to which a further hearing of a\nproceeding is adjourned that the offender has observed the conditions\nof the court-ordered WHS undertaking, it must discharge the offender\nwithout any further hearing of the proceeding.\n\n","sortOrder":268},{"sectionNumber":"240","sectionType":"section","heading":"Injunctions","content":"240 Injunctions\nIf a court finds a person guilty of an offence against this Act, the court\nmay issue an injunction requiring the person to cease contravening\nNote An injunction may also be obtained under s 215 for noncompliance with\na non-disturbance notice, improvement notice or prohibition notice.\n","sortOrder":269},{"sectionNumber":"241","sectionType":"section","heading":"Training orders","content":"241 Training orders\nThe court may make an order requiring the person to undertake or\narrange for 1 or more workers to undertake a specified course of\ntraining.\n","sortOrder":270},{"sectionNumber":"242","sectionType":"section","heading":"Offence to fail to comply with order","content":"242 Offence to fail to comply with order\n(1) A person must not, without reasonable excuse, fail to comply with an\norder under this division.\n(2) Subsection (1) places an evidential burden on the defendant to show\n(3) This section does not apply to an order or injunction under—\n(a) section 239 (Release on the giving of a court-ordered\nWHS undertaking); or\n(b) section 240 (Injunctions).\n","sortOrder":271},{"sectionNumber":"243","sectionType":"section","heading":"Infringement notices","content":"243 Infringement notices\nNote Infringement notices for offences against this Act are dealt with under the\nMagistrates Court Act 1930, pt 3.8.\n\nOffences by bodies corporate Division 13.4\n","sortOrder":272},{"sectionNumber":"244","sectionType":"section","heading":"Definitions—div 13.4","content":"244 Definitions—div 13.4\nauthorised person, for a body corporate, means an officer, employee\nor agent of the body corporate acting within their actual or apparent\nauthority.\nboard of directors, of a body corporate, means the body, whatever it\nis called, exercising the executive authority of the body corporate.\n","sortOrder":273},{"sectionNumber":"244A","sectionType":"section","heading":"Physical elements","content":"244A Physical elements\nThe conduct constituting the physical element of an offence is taken\nto have been engaged in by a body corporate if the conduct is engaged\nin by—\n(a) the body corporate’s board of directors; or\n(b) 1 or more authorised people for the body corporate; or\n(c) 1 or more people acting at the direction of or with the express or\nimplied agreement or consent of—\n(i) an authorised person for the body corporate; or\n(ii) the body corporate’s board of directors.\n","sortOrder":274},{"sectionNumber":"244B","sectionType":"section","heading":"Fault elements other than negligence","content":"244B Fault elements other than negligence\n(1) If it is necessary to establish that a body corporate had a state of mind\nin relation to a physical element of an offence, it is sufficient to show\nthat—\n(a) the body corporate’s board of directors—\n(i) engaged in the conduct constituting the offence and had\nthat state of mind in relation to the physical element of the\n\n(ii) expressly, tacitly or impliedly authorised or permitted the\nconduct constituting the offence; or\n(b) an authorised person for the body corporate—\n(i) engaged in the conduct constituting the offence and had\nthat state of mind in relation to the physical element of the\n(ii) expressly, tacitly or impliedly authorised or permitted the\nconduct constituting the offence; or\n(c) a corporate culture existed within the body corporate that\ndirected, encouraged, tolerated or led to the conduct constituting\nthe offence.\n(1A) For subsection (1), having a state of mind in relation to a physical\nelement of an offence does not include being negligent in relation to\nthat physical element.\nNote For how negligence applies in relation to a body corporate, see s 244BA.\n(2) Also—\n(a) subsection (1) (b) and (c) do not apply if the body corporate\nproves it took reasonable precautions to prevent the conduct\nconstituting the offence; and\n(b) subsection (1) (b) (ii) does not apply if the body corporate proves\nit took reasonable precautions to prevent the authorised person\nfrom authorising or permitting the conduct constituting the\noffence.\n(3) Factors relevant to the application of subsection (1) (c) include—\n(a) whether authority or permission to engage in the conduct\nconstituting an offence, of the same or a similar character, had\npreviously been given by a corporate officer of the body\ncorporate; and\n\nOffences by bodies corporate Division 13.4\n(b) whether the person who engaged in the conduct constituting the\noffence believed on reasonable grounds, or had a reasonable\nexpectation, that a corporate officer of the body corporate would\nhave authorised or permitted the conduct.\ncorporate culture, within a body corporate, means 1 or more\nattitudes, policies, rules, courses of conduct or practices existing\nwithin the body corporate generally or in the part of the body\ncorporate in which the relevant activity takes place.\ncorporate officer, of a body corporate, means an officer within the\nmeaning of the Corporations Act, section 9AD.\n244BA Negligence\n(1) If negligence is a fault element in relation to a physical element of an\noffence, the fault element may exist on the part of a body corporate,\ndespite no individual authorised person for the body corporate having\nthe fault element, if the body corporate’s conduct is negligent when\nviewed as a whole, determined by aggregating the conduct of more\nthan 1 authorised person.\nNote The test of negligence for a body corporate is that set out in the Criminal\nCode, s 21.\n(2) Negligence may be evidenced by the fact that the prohibited conduct\nwas substantially attributable to—\n(a) inadequate corporate management, control or supervision of the\nconduct of 1 or more authorised people; or\n(b) failure to provide adequate systems for conveying relevant\ninformation to relevant people in the body corporate.\n\n","sortOrder":275},{"sectionNumber":"244C","sectionType":"section","heading":"Mistake of fact","content":"244C Mistake of fact\nIf mistake of fact is relevant to determining liability for an offence, a\nbody corporate may rely on mistake of fact only if—\n(a) the employee, agent or officer of the body corporate who\nengaged in the conduct constituting the offence was under a\nmistaken but reasonable belief about facts that, had they existed,\nwould have meant the conduct would not have constituted the\noffence; and\n(b) the body corporate proves it took reasonable precautions to\nprevent the conduct.\n","sortOrder":276},{"sectionNumber":"244D","sectionType":"section","heading":"Failure to take reasonable precautions","content":"244D Failure to take reasonable precautions\nFor sections 244B (2) and 244C (b), a failure to take reasonable\nprecautions may be evidenced by the fact that the conduct\nconstituting the offence was substantially attributable to—\n(a) inadequate management, control or supervision of the conduct\nof 1 or more of the body corporate’s employees, agents or\nofficers; or\n(b) failure to provide adequate systems for conveying relevant\ninformation to relevant persons in the body corporate.\n","sortOrder":277},{"sectionNumber":"244E","sectionType":"section","heading":"How this division applies to public authorities","content":"244E How this division applies to public authorities\nIf a body corporate is a public authority, this division applies in\nrelation to the body corporate in accordance with section 251.\n\nThe Territory Division 13.5\n","sortOrder":278},{"sectionNumber":"245","sectionType":"section","heading":"Offences and the Territory","content":"245 Offences and the Territory\n(1) If the Territory is guilty of an offence against this Act, the penalty to\nbe imposed on the Territory is the penalty applicable to a body\ncorporate.\n(2) For the purposes of this Act, any conduct engaged in on behalf of the\nTerritory by an employee, agent or officer of the Territory acting\nwithin the actual or apparent scope of his or her employment, or\nwithin his or her actual or apparent authority, is conduct also engaged\nin by the Territory.\n(3) If an offence under this Act requires proof of knowledge, intention or\nrecklessness, it is sufficient in a proceeding against the Territory for\nthat offence to prove that the person referred to in subsection (2) had\nthe relevant knowledge, intention or recklessness.\n(4) If for an offence against this Act mistake of fact is relevant to\ndetermining liability, it is sufficient in a proceeding against the\nTerritory for the offence if the person referred to in subsection (2)\nmade that mistake of fact.\n","sortOrder":279},{"sectionNumber":"246","sectionType":"section","heading":"WHS civil penalty provisions and the Territory","content":"246 WHS civil penalty provisions and the Territory\n(1) If the Territory contravenes a WHS civil penalty provision, the\nmonetary penalty to be imposed on the Territory is the penalty\napplicable to a body corporate.\n(2) For the purposes of a WHS civil penalty provision, any conduct\nengaged in on behalf of the Territory by an employee, agent or officer\nof the Territory acting within the actual or apparent scope of his or\nher employment, or within his or her actual or apparent authority, is\nconduct also engaged in by the Territory.\n\n(3) If a WHS civil penalty provision requires proof of knowledge, it is\nsufficient in a proceeding against the Territory for a contravention of\nthat provision to prove that the person referred to in subsection (2)\nhad that knowledge.\n","sortOrder":280},{"sectionNumber":"247","sectionType":"section","heading":"Officers","content":"247 Officers\n(1) A person who makes, or participates in making, decisions that affect\nthe whole, or a substantial part, of a business or undertaking of the\nTerritory is taken to be an officer of the Territory for the purposes of\n(2) A Minister of a State or the Commonwealth is not in that capacity an\nofficer for the purposes of this Act.\n","sortOrder":281},{"sectionNumber":"248","sectionType":"section","heading":"Responsible agency for the Territory","content":"248 Responsible agency for the Territory\n(1) The following notices to be given to or served on the Territory may\nbe given to or served on the responsible agency in relation to the\nnotice:\n(a) a provisional improvement notice, improvement notice,\nprohibition notice, non-disturbance notice or notice of entry\nunder part 7 (Workplace entry by WHS entry permit-holders) to\nbe given or served under this Act;\n(b) an infringement notice for an infringement notice offence to be\ngiven or served under the Magistrates Court Act 1930.\n(2) If an infringement notice is to be served on the Territory for an\noffence against this Act, the responsible agency may be specified in\nthe infringement notice.\n(3) If a proceeding is brought against the Territory for an offence against\nthis Act or in relation to a contravention of this Act, the responsible\nagency in relation to the offence or contravention may be specified in\nany document initiating, or relating to, the proceeding.\n\nThe Territory Division 13.5\n(4) The responsible agency in relation to an offence or a contravention of\nthis Act is entitled to act in a proceeding against the Territory for the\noffence or relating to the contravention and, subject to any relevant\nrules of court, the procedural rights and obligations of the Territory\nas the accused or defendant in the proceeding are conferred or\nimposed on the responsible agency.\n(5) The person prosecuting the offence or bringing the proceeding may\nchange the responsible agency during the proceeding with the court’s\nleave.\n(6) In this section:\nresponsible agency—\n(a) in relation to a notice referred to in subsection (1) means—\n(i) in the case of a provisional improvement notice,\nimprovement notice or infringement notice—the territory\nagency the acts or omissions of which are alleged to\ncontravene this Act; and\n(ii) in the case of a prohibition notice—the territory agency\nwhich has control over the activity referred to in\nsection 195 (1) (a) or (b) (Power to issue prohibition\nnotice); and\n(iii) in the case of a non-disturbance notice—the territory\nagency with the management and control of the workplace;\nand\n(iv) in the case of a notice of entry under part 7 (Workplace\nentry by WHS entry permit-holders)—the territory agency\nconducting the relevant business or undertaking or with the\nmanagement and control of the workplace; and\n\n(b) in relation to an offence or proceeding for a contravention of this\nAct means the agency of the Territory—\n(i) the acts or omissions of which are alleged to constitute the\noffence or contravention; or\n(ii) if that agency has ceased to exist—that is the successor of\nthat agency; or\n(iii) if that agency has ceased to exist and there is no clear\nsuccessor, that the court declares to be the responsible\nagency.\n","sortOrder":282},{"sectionNumber":"249","sectionType":"section","heading":"Application to public authorities that are bodies","content":"249 Application to public authorities that are bodies\ncorporate\nThis division applies only to public authorities that are bodies\ncorporate.\n","sortOrder":283},{"sectionNumber":"250","sectionType":"section","heading":"Proceedings against public authorities","content":"250 Proceedings against public authorities\n(1) A proceeding may be brought under this Act against a public\nauthority in its own name.\n(2) Nothing in this division affects any privileges that a public authority\nmay have under the Crown.\n","sortOrder":284},{"sectionNumber":"251","sectionType":"section","heading":"Imputing conduct to public authorities","content":"251 Imputing conduct to public authorities\n(1) For the purposes of this Act, any conduct engaged in on behalf of a\npublic authority by an employee, agent or officer of the public\nauthority acting within the actual or apparent scope of his or her\nemployment, or within his or her actual or apparent authority, is\nconduct also engaged in by the public authority.\n\nPublic authorities Division 13.6\n(2) If an offence under this Act requires proof of knowledge, intention or\nrecklessness, it is sufficient in a proceeding against the public\nauthority for that offence to prove that the person referred to in\nsubsection (1) had the relevant knowledge, intention or recklessness.\n(3) If, for an offence against this Act, mistake of fact is relevant to\ndetermining liability, it is sufficient in a proceeding against the public\nauthority for that offence if the person referred to in subsection (1)\nmade that mistake of fact.\n","sortOrder":285},{"sectionNumber":"252","sectionType":"section","heading":"Officer of public authority","content":"252 Officer of public authority\nA person who makes, or participates in making, decisions that affect\nthe whole, or a substantial part, of the business or undertaking of a\npublic authority is taken to be an officer of the public authority for\nthe purposes of this Act.\n","sortOrder":286},{"sectionNumber":"253","sectionType":"section","heading":"Proceedings against successors to public authorities","content":"253 Proceedings against successors to public authorities\n(1) A proceeding for an offence against this Act that was instituted\nagainst a public authority before its dissolution, or that could have\nbeen instituted against a public authority if not for its dissolution, may\nbe continued or instituted against its successor if the successor is a\npublic authority.\n(2) An infringement notice served on a public authority for an offence\nagainst this Act is taken to be an infringement notice served on its\nsuccessor if the successor is a public authority.\n(3) Similarly, any penalty paid by a public authority in relation to an\ninfringement notice is taken to be a penalty paid by its successor if\nthe successor is a public authority.\n\n","sortOrder":287},{"sectionNumber":"254","sectionType":"section","heading":"When is a provision a WHS civil penalty provision","content":"254 When is a provision a WHS civil penalty provision\n(1) A subsection of part 7 (Workplace entry by WHS entry\npermit-holders) (or a section of part 7 that is not divided into\nsubsections) is a WHS civil penalty provision if—\n(a) the words ‘WHS civil penalty provision’ and a maximum\npenalty, expressed as a WHS civil penalty provision tier, are set\nout at the foot of the subsection (or section); or\n(b) another provision of part 7 specifies that the subsection (or\nsection) is a WHS civil penalty provision.\n(2) A subsection of a regulation (or a section of a regulation that is not\ndivided into subsections) is a WHS civil penalty provision if—\n(a) the words ‘WHS civil penalty provision’ and a maximum\npenalty, expressed as a WHS civil penalty provision tier, are set\nout at the foot of the subsection (or section); or\n(b) another provision of a regulation specifies that the subsection\n(or section) is a WHS civil penalty provision.\n","sortOrder":288},{"sectionNumber":"255","sectionType":"section","heading":"Proceedings for contravention of WHS civil penalty","content":"255 Proceedings for contravention of WHS civil penalty\nSubject to this division, a proceeding may be brought in a court\nagainst a person for a contravention of a WHS civil penalty provision.\n\nWHS civil penalty provisions Division 13.7\n","sortOrder":289},{"sectionNumber":"256","sectionType":"section","heading":"Involvement in contravention treated in same way as","content":"256 Involvement in contravention treated in same way as\nactual contravention\n(1) A person who is involved in a contravention of a WHS civil penalty\nprovision is taken to have contravened that provision.\n(2) A person is involved in a contravention of a civil penalty provision if,\nand only if, the person—\n(a) has aided, abetted, counselled or procured the contravention; or\n(b) has induced the contravention, whether by threats or promises\nor otherwise; or\n(c) has been in any way, by act or omission, directly or indirectly,\nknowingly concerned in or party to the contravention; or\n(d) has conspired with others to effect the contravention.\n","sortOrder":290},{"sectionNumber":"257","sectionType":"section","heading":"Contravening a civil penalty provision is not an offence","content":"257 Contravening a civil penalty provision is not an offence\nA contravention of a WHS civil penalty provision is not an offence.\n","sortOrder":291},{"sectionNumber":"258","sectionType":"section","heading":"Civil proceeding rules and procedure to apply","content":"258 Civil proceeding rules and procedure to apply\nA court must apply the rules of evidence and procedure for a civil\nproceeding when hearing a proceeding for a contravention of a WHS\ncivil penalty provision.\n","sortOrder":292},{"sectionNumber":"259","sectionType":"section","heading":"Proceeding for a contravention of a WHS civil penalty","content":"259 Proceeding for a contravention of a WHS civil penalty\n(1) In a proceeding for a contravention of a WHS civil penalty provision,\nif the court is satisfied that a person has contravened a WHS civil\npenalty provision, the court may—\n(a) order the person to pay a monetary penalty that the court\nconsiders appropriate; and\n(b) make any other order that the court considers appropriate,\nincluding an injunction.\n\n(2) A monetary penalty imposed under subsection (1) must not exceed\nthe relevant maximum amount of monetary penalty specified under\npart 7 (Workplace entry by WHS entry permit-holders) or prescribed\nby regulation in relation to a contravention of that WHS civil penalty\nprovision.\n","sortOrder":293},{"sectionNumber":"260","sectionType":"section","heading":"Proceeding may be brought by the regulator or an","content":"260 Proceeding may be brought by the regulator or an\ninspector\nA proceeding for a contravention of a WHS civil penalty provision\nmay only be brought by—\n(b) an inspector with the written authorisation of the regulator\n(either generally or in a particular case).\n","sortOrder":294},{"sectionNumber":"261","sectionType":"section","heading":"Limitation period for WHS civil penalty proceedings","content":"261 Limitation period for WHS civil penalty proceedings\nA proceeding for a contravention of a WHS civil penalty provision\nmay be brought within 2 years after the contravention first comes to\nthe notice of the regulator.\n","sortOrder":295},{"sectionNumber":"262","sectionType":"section","heading":"Recovery of a monetary penalty","content":"262 Recovery of a monetary penalty\nIf the court orders a person to pay a monetary penalty—\n(a) the penalty is payable to the Territory; and\n(b) the Territory may enforce the order as if it were a judgment of\nthe court.\n","sortOrder":296},{"sectionNumber":"263","sectionType":"section","heading":"Civil double jeopardy","content":"263 Civil double jeopardy\nA court must not make an order against a person under section 259\n(Proceeding for a contravention of a WHS civil penalty provision) for\ncontravention of a WHS civil penalty provision if an order has been\nmade against the person under a civil penalty provision under an Act\nof the Commonwealth or a State in relation to conduct that is\nsubstantially the same as the conduct constituting the contravention.\n\nWHS civil penalty provisions Division 13.7\n","sortOrder":297},{"sectionNumber":"264","sectionType":"section","heading":"Criminal proceedings during civil proceedings","content":"264 Criminal proceedings during civil proceedings\n(1) A proceeding against a person for a contravention of a WHS civil\npenalty provision is stayed if—\n(a) a criminal proceeding is commenced or has already commenced\nagainst the person for an offence; and\n(b) the offence is constituted by conduct that is substantially the\nsame as the conduct alleged to constitute the contravention of\nthe WHS civil penalty provision.\n(2) The proceeding for the order may be resumed if the person is not\nconvicted or found guilty of the offence.\n(3) If the proceeding for the order is not resumed, the proceeding is\ndismissed.\n","sortOrder":298},{"sectionNumber":"265","sectionType":"section","heading":"Criminal proceedings after civil proceedings","content":"265 Criminal proceedings after civil proceedings\nA criminal proceeding may be commenced against a person for\nconduct that is substantially the same as conduct constituting a\ncontravention of a WHS civil penalty provision regardless of whether\nan order has been made against the person under section 259\n(Proceeding for a contravention of a WHS civil penalty provision).\n","sortOrder":299},{"sectionNumber":"266","sectionType":"section","heading":"Evidence given in proceedings for contravention of WHS","content":"266 Evidence given in proceedings for contravention of WHS\ncivil penalty provision not admissible in criminal\nproceedings\n(1) Evidence of information given, or evidence of production of\ndocuments, by an individual is not admissible in a criminal\nproceeding against the individual if—\n(a) the individual previously gave the information or produced the\ndocuments in a proceeding against the individual for a\ncontravention of a WHS civil penalty provision (whether or not\nthe order was made); and\n\n(b) the conduct alleged to constitute the offence is substantially the\nsame as the conduct alleged to constitute the contravention of\nthe WHS civil penalty provision.\n(2) However, this does not apply to a criminal proceeding in relation to\nthe falsity of the evidence given by the individual in the proceeding\nfor the contravention of the WHS civil penalty provision.\n","sortOrder":300},{"sectionNumber":"267","sectionType":"section","heading":"Civil liability not affected by this Act","content":"267 Civil liability not affected by this Act\nExcept as provided in part 6 (Discriminatory, coercive and\nmisleading conduct), part 7 (Workplace entry by WHS entry\npermit-holders) and division 13.7 (WHS civil penalty provisions),\nnothing in this Act is to be construed as—\n(a) conferring a right of action in a civil proceeding in relation to a\ncontravention of a provision of this Act; or\n(b) conferring a defence to an action in a civil proceeding or\notherwise affecting a right of action in a civil proceeding; or\n(c) affecting the extent (if any) to which a right of action arises, or\na civil proceeding may be brought, in relation to breaches of\nduties or obligations imposed by regulation.\n\n","sortOrder":301},{"sectionNumber":"268","sectionType":"section","heading":"Offence to give false or misleading information","content":"268 Offence to give false or misleading information\nNote It is an offence to give false or misleading information or produce false\nor misleading documents (see Criminal Code, s 338 and s 339).\n","sortOrder":302},{"sectionNumber":"269","sectionType":"section","heading":"Act does not affect legal professional privilege","content":"269 Act does not affect legal professional privilege\nNothing in this Act requires a person to produce a document that\nwould disclose information, or otherwise provide information, that is\nthe subject of legal professional privilege.\nNote The Legislation Act, s 171 deals with client legal privilege.\n","sortOrder":303},{"sectionNumber":"270","sectionType":"section","heading":"Immunity from liability","content":"270 Immunity from liability\n(1) An inspector, or other person engaged in the administration of this\nAct, incurs no civil liability for an act or omission done or omitted to\nbe done in good faith and in the execution or purported execution of\npowers and functions under this Act.\n(2) Any civil liability that would, apart from this section, attach to a\nperson attaches instead to the Territory.\n\n","sortOrder":304},{"sectionNumber":"271","sectionType":"section","heading":"Confidentiality of information","content":"271 Confidentiality of information\n(1) This section applies if a person obtains information or gains access to\na document in exercising any power or function under this Act (other\nthan under part 7 (Workplace entry by WHS entry permit-holders)).\n(2) The person must not do any of the following:\n(a) disclose to anyone else—\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(3) Subsection (2) does not apply to the disclosure of information, or the\ngiving of access to a document or the use of information or a\ndocument—\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\nthis Act; or\n(c) that is authorised under section 271A; or\n(d) that is required by any court, tribunal, authority or person having\nlawful authority to require the production of documents or the\nanswering of questions; or\n(e) that is required or authorised under a law; or\n\n(f) to a Minister.\n(4) A person commits an offence if—\n(a) the person (the defendant) intentionally discloses to another\nperson the name of an individual; and\n(b) the individual has made a complaint in relation to the person to\nwhom the individual’s name is disclosed; and\n(c) the defendant knows or is reckless as to that fact.\n(5) However, the defendant does not commit an offence under\nsubsection (4) if the disclosure is made with the consent of the\nindividual or is required under a law.\n","sortOrder":305},{"sectionNumber":"271A","sectionType":"section","heading":"Additional ways that regulator may use and share","content":"271A Additional ways that regulator may use and share\ninformation\n(1) This section applies in relation to information or a document\nmentioned in section 271 (1).\n(2) The regulator or a person authorised by the regulator may, in the\ncircumstances stated in subsection (3)—\n(a) disclose the information, or the contents of or information\ncontained in the document, to any other person including a\ncorresponding regulator; or\n(b) give access to the document to any other person including a\ncorresponding regulator; or\n(c) use the information or document.\n(3) The circumstances are that the regulator reasonably believes the\ndisclosure, access or use—\n(a) is necessary for administering or enforcing, or monitoring\ncompliance with, this Act; or\n\n(b) is necessary for administering or enforcing another law\nprescribed by regulation; or\n(c) is necessary for administering or enforcing another territory law,\nif the disclosure, access or use is necessary to lessen or prevent\na serious risk to public health or safety; or\n(d) is necessary for recognising authorisations under a\ncorresponding WHS law; or\n(e) is required for the exercise of a power or function under a\n(4) This section does not limit the operation of section 271 (3) (a), (b),\n(d), (e) or (f) in relation to the disclosure of information, giving of\naccess to a document or use of information or a document by the\nregulator or a person authorised by the regulator.\n","sortOrder":306},{"sectionNumber":"272","sectionType":"section","heading":"No contracting out","content":"272 No contracting out\nA term of any agreement or contract that purports to exclude, limit or\nmodify the operation of this Act or any duty owed under this Act or\nto transfer to another person any duty owed under this Act is void.\n","sortOrder":307},{"sectionNumber":"272A","sectionType":"section","heading":"No insurance or other indemnity against penalties","content":"272A No insurance or other indemnity against penalties\n(1) A person must not, without reasonable excuse—\n(a) enter into a contract of insurance or other arrangement under\nwhich the person, or another person, is purportedly covered for\nall or part of a liability for a monetary penalty under this Act; or\n(b) provide insurance or a grant of indemnity for all or part of a\nliability for a monetary penalty under this Act; or\n\n(c) take the benefit of a contract of insurance, arrangement or grant\nof indemnity mentioned in paragraph (a) or (b).\n(2) Subsection (1) places an evidential burden on the defendant to show\n(3) A term of a contract of insurance or other arrangement is void to the\nextent it purports to cover a person for all or part of a liability for a\nmonetary penalty under this Act.\n","sortOrder":308},{"sectionNumber":"272B","sectionType":"section","heading":"Liability of officers for offences by body corporate under","content":"272B Liability of officers for offences by body corporate under\ns 272A\n(1) A person commits an offence if—\n(a) a body corporate contravenes section 272A; and\n(b) the person is an officer of the body corporate; and\n(c) the person is involved in the body corporate’s contravention of\nsection 272A.\n(2) For subsection (1) (c), section 256 (2) applies as if a reference in that\nsection to a civil penalty provision were a reference to section 272A.\n\n","sortOrder":309},{"sectionNumber":"273","sectionType":"section","heading":"Person not to levy workers","content":"273 Person not to levy workers\nA person conducting a business or undertaking must not impose a\nlevy or charge on a worker, or permit a levy or charge to be imposed\non a worker, for anything done, or provided, in relation to work health\nand safety.\n","sortOrder":310},{"sectionNumber":"273A","sectionType":"section","heading":"Relationship with Legislative Assembly","content":"273A Relationship with Legislative Assembly\n(1) To remove any doubt, work carried out by a member of the\nLegislative Assembly in the exercise of the member’s functions, and\nwork carried out by other people to support the member in the\nexercise of the member’s functions, is work carried out in an\nundertaking for this Act.\n(2) Nothing in this Act limits any power, privilege or immunity given\nunder the Self-Government Act, section 24 to—\n(a) the Legislative Assembly; or\n(b) a committee of the Legislative Assembly; or\n(c) a member of the Legislative Assembly.\n(3) Without limiting subsection (2), nothing in this Act gives the\nregulator or anyone else exercising a function under this Act the\npower to improperly prohibit a proceeding of the Legislative\nAssembly or any of its committees.\n\nCodes of practice Division 14.2\n","sortOrder":311},{"sectionNumber":"274","sectionType":"section","heading":"Approved codes of practice","content":"274 Approved codes of practice\n(1) The Minister may approve a code of practice for the purposes of this\nAct.\nNote The power to approve a code of practice includes the power to amend or\nrepeal the approval of the code of practice. The power to amend or repeal\nthe approval is exercisable in the same way, and subject to the same\nconditions, as the power to make it (see Legislation Act, s 46).\n(2) The Minister may only approve a code of practice (other than a code\nof practice in relation to the management, control or removal of\nasbestos or asbestos containing material) if the code of practice was\ndeveloped by a process that involved consultation between—\n(a) the Governments of the Commonwealth and each State and\nTerritory; and\n(b) unions; and\n(c) employer organisations.\n(3) An approved code of practice may apply, adopt or incorporate an\ninstrument, as in force from time to time.\nNote 1 The text of an applied, adopted or incorporated instrument, whether\napplied as in force from time to time or as at a particular time, is taken to\nbe a notifiable instrument if the operation of the Legislation Act, s 47 (5)\nor (6) is not disapplied (see s 47 (7)).\nNote 2 A notifiable instrument must be notified under the Legislation Act.\nNote 3 A reference to an instrument includes a reference to a provision of an\ninstrument (see Legislation Act, s 14 (2)).\n(4) An approval of a code of practice is a notifiable instrument.\nNote 1 A notifiable instrument must be notified under the Legislation Act.\nNote 2 An amendment or repeal of an approval of a code of practice is also a\nnotifiable instrument (see Legislation Act, s 46 (2)).\n\n(5) The Minister must, as soon as practicable after approving a code of\npractice, give additional public notice of the approval.\nNote Public notice means notice on an ACT government website or in a daily\nnewspaper circulating in the ACT (see Legislation Act, dict, pt 1). The\nrequirement in s (5) is in addition to the requirement for notification on\nthe legislation register as a notifiable instrument.\n(6) The regulator must ensure that a copy of—\n(a) each code of practice that is currently approved; and\n(b) each document applied, adopted or incorporated (to any extent)\nby an approved code of practice;\nis available for inspection by members of the public without charge\nat the office of the regulator during normal business hours.\n","sortOrder":312},{"sectionNumber":"275","sectionType":"section","heading":"Use of codes of practice in proceedings","content":"275 Use of codes of practice in proceedings\n(1) This section applies in a proceeding for an offence against this Act.\n(2) An approved code of practice is admissible in the proceeding as\nevidence of whether or not a duty or obligation under this Act has\nbeen complied with.\n(3) The court may—\n(a) have regard to the code as evidence of what is known about a\nhazard or risk, risk assessment or risk control to which the code\nrelates; and\n(b) rely on the code in determining what is reasonably practicable\nin the circumstances to which the code relates.\nNote Reasonably practicable—see s 18.\n\nRegulation-making power, forms and fees Division 14.3\n(4) Nothing in this section prevents a person from introducing evidence\nof compliance with this Act in a manner that is different from the code\nbut provides a standard of work health and safety that is equivalent to\nor higher than the standard required in the code.\n","sortOrder":313},{"sectionNumber":"Div 14","sectionType":"division","heading":"3 Regulation-making power, forms and","content":"Division 14.3 Regulation-making power, forms and\nfees\n","sortOrder":314},{"sectionNumber":"276","sectionType":"section","heading":"Regulation-making powers","content":"276 Regulation-making powers\n(1) The Executive may make regulations for this Act in relation to any\nmatter relating to work health and safety.\nNote 1 A regulation may be made in relation to any matter that is required or\npermitted to be prescribed by the Act or is necessary or convenient to be\nprescribed for carrying out or giving effect to the Act (see Legislation\nAct, s 44).\nNote 2 Regulations must be notified, and presented to the Legislative Assembly,\nunder the Legislation Act.\n(2) A regulation may make provision in relation to matters set out in\nschedule 3.\n(3) A regulation may—\n(a) be of general or limited application; or\n(b) differ according to differences in time, place or circumstance; or\nNote Power to make a regulation includes power to make different\nprovision for different categories (see Legislation Act, s 48).\n\nDivision 14.3 Regulation-making power, forms and fees\n(c) leave any matter or thing to be, from time to time, determined,\napplied or approved by the regulator, an inspector or any other\nprescribed person or body of persons; or\nNote A regulation may authorise or require an entity to make provision\nabout a matter, whether or not from time to time. Provision\nincludes determining the matter, applying an instrument to the\nmatter, being satisfied or forming an opinion about anything\nrelating to the matter, or doing anything else in relation to the\nmatter (see Legislation Act, s 52)\n(d) apply, adopt or incorporate any matter contained in any\ndocument formulated, issued or published by a person or body\nwhether—\n(i) with or without modification; or\n(ii) as in force at a particular time or as in force or remade from\ntime to time; or\n(e) prescribe exemptions from complying with a regulation on the\nterms and conditions (if any) prescribed; or\n(f) allow the regulator to provide exemptions from complying with\na regulation on the terms and conditions (if any) prescribed or,\nif a regulation allows, on the terms and conditions (if any)\ndetermined by the regulator; or\n(g) prescribe the following penalties for an offence under a\nregulation:\n(i) a tier E monetary penalty;\n(ii) a tier F monetary penalty;\n(iii) a tier G monetary penalty;\n(iv) a tier H monetary penalty;\n(v) a tier I monetary penalty.\n\nRegulation-making power, forms and fees Division 14.3\n","sortOrder":315},{"sectionNumber":"277","sectionType":"section","heading":"Approved forms","content":"277 Approved forms\n(1) The Minister may approve forms for this Act.\nNote For other provisions about forms, see the Legislation Act, s 255.\n(2) If the Minister approves a form for a particular purpose, the approved\nform must be used for that purpose.\n(3) An approved form is a notifiable instrument.\n","sortOrder":316},{"sectionNumber":"278","sectionType":"section","heading":"Determination of fees","content":"278 Determination of fees\n(1) The Minister may determine fees for this Act.\nNote The Legislation Act contains provisions about the making of\ndeterminations and regulations relating to fees (see pt 6.3).\n(2) A determination is a disallowable instrument.\nNote A disallowable instrument must be notified, and presented to the\nLegislative Assembly, under the Legislation Act.\n\nSchedule 1 Application of Act to dangerous goods and high risk plant\nSchedule 1 Application of Act to\ndangerous goods and high risk\nplant\n(see s 12AA)\n","sortOrder":317},{"sectionNumber":"1","sectionType":"section","heading":"This Act applies to the storage and handling of dangerous goods even","content":"1 This Act applies to the storage and handling of dangerous goods even\nif the dangerous goods are not at a workplace or for use in carrying\nout work.\n","sortOrder":318},{"sectionNumber":"2","sectionType":"section","heading":"For the purposes of section 1, a reference in this Act to—","content":"2 For the purposes of section 1, a reference in this Act to—\n(aa) a person conducting a business or undertaking includes a\nreference to a person in control of premises where the dangerous\ngoods are stored or handled; and\n(ab) a business or undertaking, or the conduct of a business or\nundertaking, includes a reference to the storage or handling of\ndangerous goods; and\n(ac) a worker includes a reference to a person at the premises at or in\nwhich the dangerous goods are stored or handled; and\n(a) carrying out work includes a reference to the storage or handling\nof dangerous goods; and\n(b) a workplace includes a reference to the premises at or in which\nthe dangerous goods are stored or handled; and\n(ba) a work environment includes a reference to the environment at\nthe premises at or in which the dangerous goods are stored or\nhandled; and\n(c) work health and safety (however expressed) includes a reference\nto public health and safety; and\n\nApplication of Act to dangerous goods and high risk plant Schedule 1\n(d) a business address includes a reference to the address of the\npremises where the dangerous goods are stored or handled.\n","sortOrder":319},{"sectionNumber":"3","sectionType":"section","heading":"This Act applies to the operation or use of high risk plant, affecting","content":"3 This Act applies to the operation or use of high risk plant, affecting\npublic safety, even if the plant is not situated, operated or used at a\nworkplace or for use in carrying out work.\n4 For the purposes of section 3—\n(a) a reference in this Act to carrying out work includes a reference\nto the operation and use of high risk plant affecting public safety;\nand\n(b) a reference in this Act to a workplace includes a reference to any\nhigh risk plant affecting public safety and the premises at or in\nwhich the plant is situated or used; and\n(c) a reference in this Act to work health and safety (however\nexpressed) includes a reference to public health and safety.\n5 The operation of this schedule is subject to any exclusions or\nmodifications prescribed by regulation.\n6 In this schedule:\ndangerous goods means anything prescribed by regulation as\ndangerous goods.\nhigh risk plant means plant prescribed by regulation as high risk\nplant.\npremises includes a vehicle, vessel, aircraft or other mobile structure.\n\nDivision 2.1.1 Establishment, functions and powers\nSection 2.1\n","sortOrder":320},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"The regulator and local","content":"Schedule 2 The regulator and local\ntripartite consultation\narrangements and other local\nDivision 2.1.1 Establishment, functions and powers\n2.1 Establishment\nThe Work Health and Safety Council is established.\n2.2 Functions\n(1) The council has the following functions:\n(a) to advise the Minister on matters relating to—\n(i) work health and safety; or\n(ii) workers compensation; or\n(iii) bullying in the workplace and other workplace\npsychosocial issues; or\n(b) to inquire into and report to the Minister on matters referred to\nthe council by the Minister in relation to—\n(i) work health and safety; or\n(ii) workers compensation; or\n(iii) bullying in the workplace and other workplace\npsychosocial issues; or\n\nEstablishment, functions and powers Division 2.1.1\nSection 2.2\n(c) at the first council meeting that happens after the publication of\nthe annual report required under section 2.41 (Annual report)—\n(i) review and consider the annual report; and\n(ii) advise the Minister and the WHS commissioner on any\nmatters arising from the review and consideration; or\n(d) any other function prescribed by regulation.\nNote A provision of a law that gives an entity (including a person) a function\nalso gives the entity powers necessary and convenient to exercise the\nfunction (see Legislation Act, s 196 and dict, pt 1, defs entity and\nfunction).\n(2) Without limiting subsection (1) (a), the matters on which the council\nmay advise the Minister include the following matters:\n(a) the operation of this Act and the associated laws;\n(aa) the performance of the office of the work health and safety\ncommissioner and the WHS commissioner;\n(b) the approval of codes of practice, and the variation of codes of\npractice, under section 274 (Approved codes of practice);\n(c) the provision of education and training in relation to work health\nand safety;\n(d) the promotion of work health and safety;\n(e) the operation of the Workers Compensation Act 1951;\n(f) the approval of a protocol or an amendment to a protocol under\nthe Workers Compensation Act 1951;\n(g) the provision of education and training in relation to workers’\ncompensation;\n\nSection 2.3\n(h) the operation of the Dangerous Substances Act 2004;\n(i) the operation of the Workplace Privacy Act 2011.\nNote A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including a regulation (see Legislation\n2.3 Membership\n(1) The council consists of—\n(a) 5 members appointed by the Minister after consultation with the\npeople or bodies that the Minister considers represent the\ninterests of employees; and\n(b) 5 other members appointed by the Minister after consultation\nwith the people or bodies that the Minister considers represent\nthe interests of employers; and\n(c) the WHS commissioner; and\n(d) the public sector workers compensation commissioner.\n(2) The Minister must not appoint more than 1 public servant as a\nmember under subsection (1).\npublic sector workers compensation commissioner means the\nPSWC commissioner under the Public Sector Workers\nCompensation Fund Act 2018.\n2.3A Meaning of appointed member—div 2.1.2\nappointed member, of the council, means a member of the council\nappointed by the Minister under section 2.3 (1) (a) or (b).\n\nSection 2.4\n2.4 Terms of appointment\n(1) The appointed members of the council must be appointed as part-time\nmembers.\n(2) An appointed member of the council must be appointed for not longer\nthan 4 years.\n(3) A person who has been an appointed member of the council for\n8 consecutive years, not including any period during which the person\nwas an acting member, is not eligible for reappointment.\nNote A person may be reappointed to a position if the person is eligible to be\nappointed to the position (see Legislation Act, s 208 and dict, pt 1,\ndef appoint).\n2.5 Chair and deputy chair\n(1) The appointed members of the council must elect a chair of the\ncouncil, and a deputy chair of the council.\nNote The appointed members must elect a chair and deputy chair of the council\nas soon as possible and as often as needed (see Legislation Act, s 151B).\n(2) The chair and the deputy chair must be elected for not longer than\n2 years.\n(3) If the chair is elected from the members appointed under\nsection 2.3 (1) (a)—the deputy chair must be elected from the\nmembers appointed under section 2.3 (1) (b).\n(4) If the chair is elected from the members appointed under\nsection 2.3 (1) (b)—the deputy chair must be elected from the\nmembers appointed under section 2.3 (1) (a).\n2.6 Leave\n(1) The Minister may grant leave to the chair or deputy chair on the\nconditions (if any) about remuneration or other matters that the\nMinister decides.\n\nSection 2.7\n(2) The council may grant leave to a member (other than the chair or\ndeputy chair) on the conditions (if any) about remuneration or other\nmatters that the council decides.\n2.7 Disclosure of interest\n(1) If a member of the council has a material interest in an issue being\nconsidered, or about to be considered, by the council, the member\nmust disclose the nature of the interest at a council meeting as soon\nas practicable after the relevant facts come to the member’s\nknowledge.\nNote Material interest is defined in s (4). The definition of indirect interest in\ns (4) applies to the definition of material interest.\n(2) A disclosure must be recorded in the council’s minutes and, unless\nthe council otherwise decides, the member must not—\n(a) be present when the council considers the issue; or\n(b) take part in a decision of the council on the issue.\n(3) Any other council member who also has a material interest in the\nissue must not be present when the council is considering its decision\nunder subsection (2).\nassociate, of a person, means—\n(a) the person’s business partner; or\n(b) a close friend of the person; or\n(c) a family member of the person.\nexecutive officer, of a corporation, means a person (however\ndescribed) who is concerned with, or takes part in, the corporation’s\nmanagement, whether or not the person is a director of the\ncorporation.\n\nSection 2.8\nindirect interest—without limiting the kinds of indirect interests a\nperson may have, a person has an indirect interest in an issue if any\nof the following has an interest in the issue:\n(a) an associate of the person;\n(b) a corporation if the corporation has not more than 100 members\nand the person, or an associate of the person, is a member of the\ncorporation;\n(c) a subsidiary of a corporation mentioned in paragraph (b);\n(d) a corporation if the person, or an associate of the person, is an\nexecutive officer of the corporation;\n(e) the trustee of a trust if the person, or an associate of the person,\nis a beneficiary of the trust;\n(f) a member of a firm or partnership if the person, or an associate\nof the person, is a member of the firm or partnership;\n(g) someone else carrying on a business if the person, or an\nassociate of the person, has a direct or indirect right to\nparticipate in the profits of the business.\nmaterial interest—a council member has a material interest in an\nissue if the member has—\n(a) a direct or indirect financial interest in the issue; or\n(b) a direct or indirect interest of any other kind if the interest could\nconflict with the proper exercise of the member’s functions in\nrelation to the council’s consideration of the issue.\n2.8 Reporting of disclosed council interests to Minister\n(1) Within 3 months after the day a material interest is disclosed under\nsection 2.7 the chair must report to the Minister in writing about—\n(a) the disclosure; and\n(b) the nature of the interest disclosed; and\n\nSection 2.9\n(c) any decision by the council under section 2.7.\n(2) The chair must also give the Minister, not later than 31 days after the\nend of each financial year, a statement that sets out the information\ngiven to the Minister in reports under subsection (1) that relate to\ndisclosures made during the previous financial year.\n(3) The Minister must give a copy of the statement to the relevant\nAssembly committee within 31 days after the day the Minister\nreceives the statement.\nrelevant Assembly committee means a standing committee of the\nLegislative Assembly nominated, in writing, by the Speaker for\nsubsection (3).\n2.9 Ending appointment of council member\n(2) The Minister must end the appointment of an appointed member of\nthe council if—\n(a) the member has become bankrupt or personally insolvent; or\n(d) the Minister becomes aware that the member has failed to\ncomply with section 2.7 (Disclosure of interest) without\nreasonable excuse; or\n(e) the Minister becomes aware that the member has at any time\nbeen convicted, in Australia, of an offence punishable by\nimprisonment for 1 year or longer; or\n(f) the Minister becomes aware that the member has at any time\nbeen convicted, outside Australia, of an offence that, if it had\nbeen committed in the ACT, would be punishable by\nimprisonment for 1 year or longer.\n\nSection 2.10\n(3) The Minister may end the appointment of an appointed member of\nthe council—\n(a) if the member is absent from 3 consecutive meetings of the\ncouncil, otherwise than on leave approved under section 2.6; or\n(b) if the member contravenes a territory law; or\n(c) for misbehaviour; or\n(d) for physical or mental incapacity, if the incapacity substantially\naffects the exercise of the member’s functions.\nNote A person’s appointment also ends if the person resigns (see Legislation\nAct, s 210).\n(4) However, before ending the appointment of the member under\nsubsection (2) (e) or (f) or (3) (b) the Minister must be satisfied that\nthe conviction or contravention affects the person’s suitability as a\nmember of the council.\n2.10 Calling meetings\n(1) The chair—\n(a) may call the meetings of the council that the chair considers\nnecessary for the efficient exercise of its functions; and\n(b) must, on receiving a written request signed by not less than\n4 other members of the council, call a meeting of the council.\n(2) If the chair proposes to call a meeting of the council, the chair must,\nnot later than 5 days before the date of the proposed meeting, give\neach member of the council a written notice stating—\n(a) the date, time and place of the meeting; and\n(b) the matters to be considered at the meeting.\n(3) The Minister may call a meeting of the council by written notice given\nto each of the members.\n\nSection 2.11\n2.11 Presiding member at council meetings\n(1) The chair presides at all meetings of the council at which the chair is\npresent.\n(2) If the chair is absent, the deputy chair presides.\n(3) If the chair and the deputy chair are absent, the member chosen by the\nmembers present presides.\n2.12 Quorum at council meetings\nBusiness may be carried on at a meeting of the council only if the\nmeeting is constituted by 7 members including—\n(a) 3 members appointed under section 2.3 (1) (a), at least 2 of\nwhom are not acting members; and\n(b) 3 members appointed under section 2.3 (1) (b), at least 2 of\nwhom are not acting members.\n2.13 Voting at council meetings\n(1) At a meeting of the council each appointed member has a vote on\neach question to be decided.\n(2) A question is decided by a majority of the votes of the appointed\nmembers present and voting.\n2.14 Conduct of council meetings etc\n(1) The council may conduct its proceedings (including its meetings) as\nit considers appropriate.\n(2) A meeting may be held using a method of communication, or a\ncombination of methods of communication, that allows a council\nmember taking part to hear what each other member taking part says\nwithout the members being in each other’s presence.\nExamples\na phone link, a satellite link\n\nAdvisory committees Division 2.1.3\nSection 2.15\n(3) A council member who takes part in a meeting conducted under\nsubsection (2) is taken, for all purposes, to be present at the meeting.\n(4) A resolution is a valid resolution of the council, even if it is not passed\nat a meeting of the council, if all members agree to the proposed\nresolution in writing or by electronic communication.\nExample—electronic communication\nemail\n(5) The council must keep minutes of its meetings.\n2.15 Protection of council members from liability\n(1) A council member is not civilly liable for anything done or omitted\nto be done honestly and without recklessness—\n(a) in the exercise of a function under a territory law; or\n(b) in the reasonable belief that the act or omission was in the\nexercise of a function under a territory law.\n(2) Any liability that would, apart from this section, attach to a council\nmember attaches instead to the Territory.\nDivision 2.1.3 Advisory committees\n2.16 Establishment\n(1) The council may establish the advisory committees that it considers\nnecessary to assist in the exercise of its functions.\n(2) The council must, if asked to do so by the Minister, constitute an\nadvisory committee to assist it in the exercise of its functions in\nrelation to any matter stated by the Minister about work health and\nsafety.\n(3) Subject to any direction by the council, an advisory committee may\ndecide how it is to exercise its functions.\n\nDivision 2.2.1 Preliminary\nSection 2.17\nPart 2.2 Office of the Work Health and\nSafety Commissioner\nDivision 2.2.1 Preliminary\n2.17 Definitions—pt 2.2\ncompliance and enforcement policy—see section 2.37.\nstatement of expectations—see section 2.39.\nstatement of operational intent—see section 2.40.\nstrategic plan—see section 2.38.\nDivision 2.2.2 Establishment and functions of office\n2.18 Establishment of office\nThe Office of the Work Health and Safety Commissioner is\nestablished.\n2.19 Constitution of office\nThe office consists of—\n(a) the WHS commissioner; and\n(b) the staff of the office.\n2.20 Functions of office\nThe functions of the office include—\n(a) to promote an understanding and acceptance of, and compliance\nwith, this Act or another territory law relating to work health and\nsafety; and\n\nSection 2.21\n(b) to undertake research, and develop educational and other\nprograms for the purpose of promoting work health and safety;\nand\n(c) to advise the Minister on any matter relevant to the operation of\na territory law under which the commissioner performs a\nfunction; and\n(d) any other function given to the office under this Act or another\nterritory law under which the office performs a function.\nNote 1 The commissioner is the regulator under this Act (see dict, def regulator).\nNote 2 Function includes authority, duty or power (see Legislation Act,\ndict, pt 1).\nNote 3 A provision of a law that gives an entity (including a person) a function\nalso gives the entity powers necessary and convenient to exercise the\nfunction (see Legislation Act, s 196 and dict, pt 1, def entity).\n2.21 Appointment of WHS commissioner\n(1) The Executive must appoint a person as the Work Health and Safety\nCommissioner (the WHS commissioner).\n(2) The Executive must not appoint a person as WHS commissioner\nunless satisfied that—\n(a) the Minister consulted with the chair and deputy chair of the\ncouncil in relation to the selection process for the commissioner;\nand\n(b) the appointment follows an open and accountable selection\nprocess; and\n(c) the person has the experience or expertise necessary to exercise\nthe commissioner’s functions.\n\nSection 2.22\n(3) The WHS commissioner must not be appointed for longer\nthan 5 years.\nNote A person may be reappointed to a position if the person is eligible to be\nappointed to the position (see Legislation Act, s 208 and dict, pt 1,\ndef appoint).\n(4) The WHS commissioner’s conditions of employment are the\nconditions agreed between the commissioner and the Executive that\nare stated in the instrument of appointment, subject to any\ndetermination under the Remuneration Tribunal Act 1995.\n(5) The appointment is a notifiable instrument.\n2.22 Functions of WHS commissioner\nIn addition to the functions of the regulator under section 152, the\nfunctions of the WHS commissioner are—\n(a) exercising the functions of the office of the work health and\nsafety commissioner; and\nNote The WHS commissioner is the regulator under this Act (see dict,\ndef regulator).\n(b) managing the administration of the office; and\n(c) the efficient and effective financial management of the office’s\nresources; and\n(d) making the following for the office:\n(i) a compliance and enforcement policy;\n(ii) a strategic plan;\n(iii) a draft statement of operational intent; and\n(e) ensuring, as far as practicable, that the functions of the office are\nexercised—\n(i) in an orderly and prompt way; and\n\nSection 2.23\n(ii) in a way that takes into account, and complies with, the\ncompliance and enforcement policy, the strategic plan and\nthe statement of operational intent; and\n(f) any other function given to the WHS commissioner under this\nAct or another territory law under which the\nWHS commissioner performs a function.\nNote The WHS commissioner has functions under other territory laws\nincluding the Dangerous Substances Act 2004, the Dangerous\nSubstances (Explosives) Regulation 2004, the Dangerous\nSubstances (General) Regulation 2004 and the Machinery\nAct 1949.\n2.23 Independence of WHS commissioner and Ministerial\ndirections\n(1) Subject to subsection (2), the WHS commissioner is not subject to the\ndirection of anyone else, and must act independently, in relation to\nthe exercise of a function under this Act or another territory law under\nwhich the WHS commissioner performs a function.\n(2) However, the Minister may, in writing, give directions to the\nWHS commissioner in relation to the exercise of the\n(3) A direction given under subsection (2) must be of a general nature\nand not direct the WHS commissioner in relation to a particular\ninvestigation or particular regulatory action.\n(4) The Minister must present a copy of any direction under\nsubsection (2) to the Legislative Assembly within 5 sitting days after\nthe day it is given to the commissioner.\n2.24 Duty of good conduct\n(1) In exercising functions in relation to the office of the work health and\nsafety commissioner, the WHS commissioner must exercise the\ndegree of honesty, care and diligence required to be exercised by a\ndirector of a corporation in relation to the affairs of the corporation.\n\nSection 2.25\n(2) The WHS commissioner also has a duty to the office—\n(a) to act in good faith; and\n(b) not to pursue personal interests at the expense of the office’s\ninterests; and\n(c) not to use the office to gain personal advantage; and\n(d) not to cause detriment to the office or undermine the reputation\nof the office.\n2.25 Disclosure of interests\n(1) The WHS commissioner must give the Executive a written statement\nof the WHS commissioner’s personal and financial interests within\n7 days after—\n(a) the day the WHS commissioner is appointed; and\n(b) the first day of each financial year; and\n(c) the day there is a change in the interest.\n(2) If the WHS commissioner has a personal or financial interest that\nconflicts or may conflict, or may be perceived to conflict, with the\nWHS commissioner’s functions, the WHS commissioner must\ndisclose to the Executive, in writing, the nature of the interest and the\nconflict or potential conflict.\nNote The WHS commissioner must disclose a conflict of interest as soon as\npossible and as often as needed (see Legislation Act, s 151B).\n2.26 Outside employment\nThe WHS commissioner must not, without the Minister’s approval,\nengage in paid employment outside the functions of the office.\n\nSection 2.27\n2.27 Ending appointment—generally\n(1) The Executive may end a person’s appointment as the\nWHS commissioner—\n(a) for misbehaviour; or\n(b) if the person becomes bankrupt or personally insolvent; or\nNote Bankrupt or personally insolvent—see the Legislation Act,\ndict, pt 1.\n(c) if the person fails to take all reasonable steps to avoid being\nplaced in a position where a conflict of interest arises during the\nexercise of the WHS commissioner’s functions; or\n(d) if the person is convicted, in the ACT, of an offence punishable\nby imprisonment for at least 1 year; or\n(e) if the person is convicted outside the ACT, in Australia or\nelsewhere, of an offence that, if it had been committed in the\nACT, would be punishable by imprisonment for at least 1 year;\nor\n(f) under section 2.28; or\n(g) if the person is absent, other than on leave approved under\nsection 2.29, for 14 consecutive days or for 28 days in any\n12-month period.\n(2) The Executive must end the WHS commissioner’s appointment for\nphysical or mental incapacity, if the incapacity substantially affects\nthe exercise of the WHS commissioner’s functions.\nNote A person’s appointment also ends if the person resigns (see Legislation\nAct, s 210).\n2.28 Ending appointment—council no-confidence resolution\n(1) This section applies if the council passes a resolution of\nno-confidence in the WHS commissioner by a majority of at least 2/3\nof the appointed members.\n\nSection 2.29\n(2) The Executive must give the WHS commissioner written notice of\nthe resolution stating—\n(a) the grounds for the resolution; and\n(b) that the WHS commissioner may, within 14 days after the date\nof the notice (the show cause period), give a written submission\nto the Executive showing cause why the WHS commissioner’s\nappointment should not be ended.\n(3) The Executive must, within 21 days after the end of the show cause\nperiod—\n(a) consider any submissions received under subsection (2) (b); and\n(b) decide whether to end the WHS commissioner’s appointment.\n2.29 Leave of absence\nThe Minister may approve leave of absence for the\nWHS commissioner on the terms the Minister decides.\n2.30 Meaning of staff of the office—pt 2.2\nstaff of the office means—\n(a) the deputy WHS commissioner appointed under section 2.31;\nand\n(b) the staff employed under section 2.32; and\n(c) consultants and contractors engaged under section 2.33.\n\nOffice—staff Division 2.2.4\nSection 2.31\n2.31 Appointment of deputy WHS commissioner\n(1) The WHS commissioner must appoint a public servant to be the\ndeputy WHS commissioner.\n(2) However, the WHS commissioner must not appoint a person as the\ndeputy WHS commissioner unless satisfied that the person has the\nexperience or expertise necessary to exercise the\n(3) If the appointment of the WHS commissioner has ended, or the\ncommissioner is absent or cannot for any reason exercise the\ncommissioner’s functions, the deputy WHS commissioner must act\nas the WHS commissioner.\n(4) However, the deputy WHS commissioner must not act as the\nWHS commissioner for a continuous period of more than 6 months.\n2.32 Employment of staff\n(1) The WHS commissioner may employ staff on behalf of the Territory.\n(2) The staff must be employed under the Public Sector Management\nAct 1994.\nNote The Public Sector Management Act 1994, div 8.2 applies to the\nWHS commissioner in relation to the employment of staff (see Public\nSector Management Act 1994, s 152).\n2.33 Engagement of consultants and contractors\n(1) The WHS commissioner may engage the consultants and contractors\nthat may be necessary or convenient to exercise the\n(2) The conditions of a consultant’s or contractor’s engagement are the\nconditions agreed between the WHS commissioner and the\nconsultant or contractor.\n\nSection 2.34\n(3) However, this section does not give the WHS commissioner the\npower to enter into a contract of employment with a consultant or\ncontractor.\n2.34 Independence of staff of the office\nA member of the staff of the office is, in relation to the exercise of a\nfunction under this Act or another territory law under which the office\nperforms a function, not subject to the direction of anyone except—\n(a) the WHS commissioner; or\n(b) another member of staff of the office who is authorised by the\nWHS commissioner to give directions.\n2.35 Delegation of functions\nThe WHS commissioner may delegate the commissioner’s functions\nunder this Act or another territory law under which the commissioner\nperforms a function to a member of the staff of the office.\nNote For the making of delegations and the exercise of delegated functions,\nsee the Legislation Act, pt 19.4.\n2.36 Other arrangements for staff and facilities\nThe WHS commissioner may arrange with the head of service to use\nthe services of a public servant or Territory facilities.\nNote The head of service may delegate powers in relation to the management\nof public servants to a public servant or another person (see Public Sector\nManagement Act 1994, s 18).\n\nSection 2.37\nDivision 2.2.5 Office—policy and reporting\nframework\n2.37 Compliance and enforcement policy\n(1) The WHS commissioner must, for every period of 4 years, make a\npolicy (a compliance and enforcement policy) that includes the\nfollowing:\n(a) the aims of compliance and enforcement activity for the office;\n(b) the key principles underpinning compliance and enforcement\nactivity to be carried out by the office;\n(c) the approach the office must take in relation to monitoring and\ncompliance;\n(d) the compliance and enforcement tools to be used by the office;\n(e) guidance material about enforcement, investigation and\nprosecution recommendation criteria to be applied by the office;\n(f) any other matter relating to the compliance and enforcement\nfunctions of the office, prescribed by regulation.\n(2) In developing the compliance and enforcement policy, the\nWHS commissioner must—\n(a) consult the Minister and the council; and\n(b) consider any representation or advice given under paragraph (a).\n(3) The compliance and enforcement policy is a notifiable instrument.\n(4) The WHS commissioner must give the compliance and enforcement\npolicy to the Minister within 10 working days after notifying the\npolicy.\n\nDivision 2.2.5 Office—policy and reporting framework\nSection 2.38\n(5) The Minister must present the compliance and enforcement policy to\nthe Legislative Assembly within 6 sitting days after receiving the\npolicy.\n(6) The WHS commissioner must review the policy at least once in\nthe 4 years during which the policy is in effect.\n2.38 Strategic plan\n(1) The WHS commissioner must, for every period of 4 financial years,\nmake a plan (a strategic plan) that includes the following:\n(a) the purpose and objectives of the office;\n(b) the outcomes to be achieved by the office;\n(c) strategies to be used by the office to achieve the matters\nmentioned in paragraphs (a) and (b);\n(d) the strategic enforcement priorities for the office;\n(e) a description of the operating environment of the office;\n(f) the performance criteria for the office;\n(g) strategies to improve the capability of the office;\n(h) procedures for the oversight and management of risk within the\noffice;\n(i) any other matter related to strategic planning for the office\nprescribed by regulation.\n(2) In developing the strategic plan the WHS commissioner must—\n(a) consult the Minister and the council; and\n(b) consider any representation or advice given under paragraph (a).\n(3) The strategic plan is a notifiable instrument.\n\nSection 2.39\n(4) The WHS commissioner must give the strategic plan to the Minister\nwithin 10 working days after notifying the plan.\n(5) The Minister must present the strategic plan to the Legislative\nAssembly within 6 sitting days after receiving the plan.\n2.39 Ministerial statement of expectations\n(1) The Minister must, at least once every 12 months—\n(a) make a statement setting out the priority activities and initiatives\nfor the office (a statement of expectations); and\n(b) give the statement of expectations to the WHS commissioner.\n(2) Before making a statement of expectations, the Minister must consult\nthe council about the priority activities and initiatives for the office in\nthe next 12 months.\n(3) The statement of expectations—\n(a) must not include specific direction about the exercise of a\nregulatory function under the Act; but\n(b) may include—\n(i) general directions about the priority activities and\ninitiatives for the office; and\n(ii) any information the Minister believes will assist the office\nto implement the statement of expectations.\n(4) A statement of expectations is a notifiable instrument.\n\nDivision 2.2.5 Office—policy and reporting framework\nSection 2.40\n2.40 Statement of operational intent\n(1) Within 60 days after the day the Minister gives the statement of\nexpectations to the WHS commissioner, the commissioner must give\nthe Minister a draft statement setting out how the office will give\neffect to the statement of expectations (a statement of operational\nintent).\n(2) The Minister must, within 60 days after the day the Minister receives\na draft statement of operational intent—\n(a) approve the draft statement; or\n(b) reject the draft statement; or\n(c) approve the draft statement with conditions.\n(3) An approved statement of operational intent is a notifiable\ninstrument.\n2.41 Annual report\n(1) The WHS commissioner must prepare an annual report about the\noperation of the office under the Annual Reports (Government\nAgencies) Act 2004.\n(2) The report must include—\n(a) a statement from the chair of the council about the following:\n(i) the performance of the office during the reporting year;\n(ii) the effectiveness of compliance and enforcement activities\nundertaken by the office during the reporting year taking\ninto account the compliance and enforcement policy;\n(iii) the implementation by the office of the strategic plan\nduring the reporting year; and\n\nSection 2.41\n(b) any statement of expectations and statement of operational\nintent in effect during the reporting year; and\n(c) information about the extent to which any statement of\noperational intent in effect during the reporting year was met\nduring the reporting year; and\n(d) if the statement of operational intent was not met in whole or in\npart during the reporting year—reasons why the statement of\noperational intent was not met; and\n(e) any other matter prescribed by regulation.\n\n(see s 276 (2))\n1 Duties\n1.1 Matters relating to the way in which duties imposed by this Act are\nto be performed.\n1.2 Matters relating to the regulation or prohibition of specified activities\nor a specified class of activities—\n(a) at workplaces or a specified class of workplaces; or\n(b) by a specified class of persons on whom duties or obligations\nare imposed by this Act,\nto eliminate or minimise risks to health and safety.\n1.3 Imposing duties on persons in relation to any matter provided for by\n2 Incidents\nMatters relating to incidents at workplaces including—\n(a) regulating or requiring the taking of any action to avoid an\nincident at a workplace or in the course of conducting a business\nor undertaking; and\n(b) regulating, requiring or prohibiting the taking of any action in\nthe event of an incident at a workplace or in the conduct of a\n\nRegulation-making powers Schedule 3\n3 Plant, substances or structures\nMatters relating to plant, substances or structures including—\n(a) regulating the storage and handling of plant, substances and\nstructures; and\n(b) regulating or requiring—\n(i) the examination, testing, labelling, maintenance or repair\nof plant and structures; or\n(ii) the examination, testing, analysis or labelling of a\nsubstance.\n4 Protection and welfare of workers\nMatters relating to the protection and welfare of workers including—\n(a) regulating or requiring the provision and use of protective\nclothing or equipment, or rescue equipment, in specified\ncircumstances; and\n(b) regulating or requiring the provision of specified facilities for\nthe welfare of workers at the workplace; and\n(c) health and safety in relation to accommodation provided to\nworkers.\n5 Hazards and risks\nMatters relating to hazards and risks including—\n(a) the prescribing of standards relating to the use of or exposure to\nany physical, biological, chemical or psychological hazard; and\n(b) matters relating to safety cases, safety management plans and\nsafety management systems (however described); and\n(c) matters relating to measures to control risks.\n\n6 Records and notices\n6.1 The keeping and availability of records of health and safety\nrepresentatives and deputy health and safety representatives.\n6.2 The keeping of records in relation to incidents.\n6.3 The keeping of records of specified activities, matters or things to be\nkept by specified persons.\n6.4 The giving of notice of or information about specified activities,\nmatters or things to the regulator, an inspector or other specified\n7 Authorisations\n7.1 Matters relating to authorisations (including licences, registrations\nand permits) and qualifications, and experience for the purposes of\npart 4 (Authorisations) or a regulation including providing for—\n(a) applications for the grant, issue, renewal, variation, suspension\nand cancellation of authorisations, including the minimum age\nto be eligible for an authorisation; and\n(b) the evidence and information to be provided in relation to\napplications; and\n(c) exemptions; and\n(d) variations of authorisations by the regulator whether on\napplication or otherwise; and\n(e) authorisation of persons as trainers and assessors; and\n(f) examination of applicants for authorisations; and\n(g) conditions of authorisations.\n7.2 The recognition of authorisations under corresponding WHS laws\nand exceptions to recognition.\n\nRegulation-making powers Schedule 3\n7.3 The sharing of information with corresponding regulators relating to\nthe grant, issue, renewal, variation, suspension or cancellation of\nauthorisations.\n8 Work groups\nMatters relating to work groups and variation of work groups and\nagreements or variations of agreements relating to the determination\nof work groups.\n9 Health and safety committees and health and safety\nMatters relating to health and safety committees and health and safety\nrepresentatives.\n10 Issue resolution\nMatters relating to issue resolution including—\n(a) the minimum requirements for an agreed procedure for\nresolving an issue; and\n(b) the requirements for a default issue resolution procedure where\nthere is no agreed procedure.\n11 WHS entry permits\nMatters relating to WHS entry permits, including providing for—\n(a) eligibility for WHS entry permits; and\n(b) procedures for applications for WHS entry permits and\nobjections to applications for WHS entry permits; and\n(c) conditions of WHS entry permits; and\n(d) the form of WHS entry permits; and\n(e) requirements for training; and\n(f) records of WHS entry permits.\n\n12 Identity cards\nMatters relating to identity cards.\n13 Forfeiture\nMatters relating to—\n(a) costs of forfeiture and disposal of forfeited things; and\n(b) disposal of seized things and forfeited things.\n14 Review of decisions\nMatters relating to the review of decisions under a regulation\nincluding—\n(a) prescribing decisions as reviewable decisions for the purposes\nof part 12 (Review of decisions) or for the purposes of the\nregulation; and\n(b) prescribing procedures for internal and external review of\ndecisions under the regulation; and\n(c) conferring jurisdiction on the ACAT to conduct reviews under\nthe regulation.\n\nSection 4.1\n4.1 Monetary penalties—categories 1 to 3\ncategory 1 monetary penalty means the following amounts as\nin table 4.1, item 1, column 3; or\nmentioned in table 4.1, item 1, column 4,; or\nmentioned in table 4.1, item 1, column 5.\ncategory 2 monetary penalty means the following amounts as\nin table 4.1, item 2, column 3; or\nmentioned in table 4.1, item 2, column 4; or\nmentioned in table 4.1, item 2, column 5.\n\nSection 4.1A\ncategory 3 monetary penalty means the following amounts as\nin table 4.1, item 3, column 3; or\nmentioned in table 4.1, item 3, column 4; or\nmentioned in table 4.1, item 3, column 5.\nTable 4.1 Monetary penalties—categories 1 to 3\nitem\npenalty category\npenalty—\nconducting\nbusiness or\nundertaking etc\npenalty—other\ncolumn 5\npenalty—\n1 category 1 $2 085 000 $1 042 000 $10 425 000\n2 category 2 $418 000 $209 000 $2 090 000\n3 category 3 $140 000 $70 000 $700 000\n4.1A Monetary penalties—industrial manslaughter\nindustrial manslaughter monetary penalty means $18 000 000.\n\nSection 4.2\n4.2 Monetary penalties—tiers A to I\ntier A monetary penalty means the following amounts as indexed\nmentioned in table 4.2, item 1, column 3; or\nmentioned in table 4.2, item 1, column 4.\ntier B monetary penalty means the following amounts as indexed\nmentioned in table 4.2, item 2, column 3; or\nmentioned in table 4.2, item 2, column 4.\ntier C monetary penalty means the following amounts as indexed\nmentioned in table 4.2, item 3, column 3; or\nmentioned in table 4.2, item 3, column 4.\ntier D monetary penalty means the following amounts as indexed\nmentioned in table 4.2, item 4, column 3; or\nmentioned in table 4.2, item 4, column 4.\n\nSection 4.2\ntier E monetary penalty means the following amounts as indexed\nmentioned in table 4.2, item 5, column 3; or\nmentioned in table 4.2, item 5, column 4.\ntier F monetary penalty means the following amounts as indexed\nmentioned in table 4.2, item 6, column 3; or\nmentioned in table 4.2, item 6, column 4.\ntier G monetary penalty means the following amounts as indexed\nmentioned in table 4.2, item 7, column 3; or\nmentioned in table 4.2, item 7, column 4.\ntier H monetary penalty means the following amounts as indexed\nmentioned in table 4.2, item 8, column 3; or\nmentioned in table 4.2, item 8, column 4.\n\nSection 4.3\ntier I monetary penalty means the following amounts as indexed\nmentioned in table 4.2, item 9, column 3; or\nmentioned in table 4.2, item 9, column 4.\nTable 4.2 Monetary penalties—tiers A to I\nitem\nmonetary penalty tier\n1 tier A $139 000 $695 000\n2 tier B $70 000 $350 000\n3 tier C $28 000 $140 000\n4 tier D $14 000 $70 000\n5 tier E $8 400 $42 000\n6 tier F $7 000 $35 000\n7 tier G $5 000 $25 000\n8 tier H $2 800 $14 000\n9 tier I $1 700 $8 500\n4.3 Monetary penalties—WHS civil penalty tiers 1 to 4\nWHS civil penalty provision tier 1 means the following amounts as\nmentioned in table 4.3, item 1, column 3; or\nmentioned in table 4.3, item 1, column 4.\n\nSection 4.3\nWHS civil penalty provision tier 2 means the following amounts as\nmentioned in table 4.3, item 2, column 3; or\nmentioned in table 4.3, item 2, column 4.\nWHS civil penalty provision tier 3 means the following amounts as\nmentioned in table 4.3, item 3, column 3; or\nmentioned in table 4.3, item 3, column 4.\nWHS civil penalty provision tier 4 means the following amounts as\nmentioned in table 4.3, item 4, column 3; or\nmentioned in table 4.3, item 4, column 4.\nTable 4.3 WHS civil penalty provision—tiers 1 to 4\nitem\nmonetary penalty tier\n1 tier 1 $28 000 $140 000\n2 tier 2 $14 000 $70 000\n3 tier 3 $7 000 $35 000\n4 tier 4 $2 800 $14 000\n\nSection 4.4\n4.4 Indexation of penalty amounts\n(1) The amount of each monetary penalty set out in sections 4.1, 4.2\nand 4.3 must be indexed for the year starting on 1 July 2024, and for\neach subsequent year, in accordance with this section.\n(2) The amount of a monetary penalty applying in a year is worked out\nas follows:\nA × B\nC\nA means the amount of a monetary penalty set out in sections 4.1\nto 4.3.\nB means the CPI number for the March quarter in the year\nimmediately preceding the year for which the amount is worked out.\nC means the CPI number for the March quarter of 2022.\n(3) If the amount of a monetary penalty worked out for a year is less than\nthe amount that applied in the previous year, then the amount for the\nprevious year continues to apply.\nCPI number means the All Groups Consumer Price Index number,\nthat is, the weighted average of the 8 Australian capital cities,\npublished by the Australian statistician.\nyear means 12 months starting on 1 July.\n4.5 Rounding of maximum penalty amounts\nIf, after indexation under section 4.4, the amount of a monetary\npenalty is—\n(a) less than $10 000 and not a multiple of $100—\n(i) the amount must be rounded to the nearest $100; and\n(ii) an amount of $50 is rounded down; or\n\nSection 4.6\n(b) more than $10 000 and not a multiple of $1 000—\n(i) the amount must be rounded to the nearest $1 000; and\n(ii) an amount of $500 is rounded down.\n4.6 Notification of adjusted maximum penalty amounts\n(1) As soon as practicable after publication by the Australian statistician\nof the CPI number for the March quarter each year, the regulator must\ngive notice of the amount of each monetary penalty worked out under\nthis schedule.\n(2) A notice is a notifiable instrument.\n\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• ACAT\n• Act\n• corporation\n• Corporations Act\n• doctor\n• emergency service\n• enrolled nurse\n• found guilty (of an offence)\n• function\n• home address\n• medical practitioner\n• nurse\n• police officer\n• the Territory\n• working day.\nappointed member, of the council, for schedule 2, division 2.1.2\n(Constitution and meetings)—see section 2.3A.\napproved code of practice means a code of practice approved under\ndivision 14.2 (Codes of practice).\nasbestos, for division 10.2A (Prohibited asbestos notices)—see\nsection 197A.\nasbestos containing material (ACM), for division 10.2A (Prohibited\nasbestos notices)—see section 197A.\nauthorised, for part 4 (Authorisations)—see section 40.\nauthorised person, for a body corporate, for division 13.4 (Offences\nby bodies corporate)—see section 244.\n\nboard of directors, for a body corporate, for division 13.4 (Offences\nby bodies corporate)—see section 244.\ncategory 1 monetary penalty—see schedule 4, section 4.1.\ncategory 2 monetary penalty—see schedule 4, section 4.1.\ncategory 3 monetary penalty—see schedule 4, section 4.1.\ncategory 1 offence—see section 31.\ncategory 2 offence—see section 32.\ncategory 3 offence—see section 33.\ncease work under this division, for division 5.6 (Right to cease or\ndirect cessation of unsafe work)—see section 83.\ncommissioner—see work health and safety commissioner.\ncompliance and enforcement policy, for schedule 2, part 2.2 (Office\nof the Work Health and Safety Commissioner)—see section 2.37.\ncompliance powers means the functions and powers conferred on an\ninspector under this Act.\ncondition includes limitation and restriction.\nconstruct includes assemble, erect, reconstruct, reassemble and\nre-erect.\ncorresponding regulator means the holder of a public office, or a\npublic authority, of the Commonwealth, or of a State, who or which\nis responsible for administering a corresponding WHS law.\ncorresponding WHS law means a law prescribed by regulation as a\ncouncil means the Work Health and Safety Council established under\nschedule 2, section 2.1.\ndangerous incident, for part 3 (Incident notification)—\nsee section 37.\ndemolition includes deconstruction.\n\ndesign, in relation to plant, a substance or a structure includes—\n(a) design of part of the plant, substance or structure; and\n(b) redesign or modify a design.\ndisclose, in relation to information, includes divulge or communicate\nto any person or publish.\ndiscriminatory conduct, for part 6 (Discriminatory, coercive and\nmisleading conduct)—see section 105.\ndocument includes record.\neligible person, for part 12 (Review of decisions)—see section 223.\neligible union, for a major construction project, for division 5.3\n(Health and safety representatives)—see section 49C.\nemployee record, in relation to an employee—see the Privacy\nAct 1988 (Cwlth), section 6 (1).\nemployer organisation means an organisation of employers.\nengage in conduct means doing an act or omitting to do an act.\nexternal review—see section 229.\nFair Work Act means the Fair Work Act 2009 (Cwlth).\nfault element—see the Criminal Code, section 17.\nhandling includes transport.\nhealth means physical and psychological health.\nhealth and safety committee, for a business or undertaking—see\ndivision 5.4 (Health and safety committees).\nhealth and safety duty, for division 2.5 (Offences and penalties)—\nsee section 30.\n\nhealth and safety representative, in relation to a worker, means the\nhealth and safety representative elected under part 5 (Consultation,\nrepresentation and participation) for the work group of which the\nworker is a member.\nimport means to bring into the ACT from outside Australia.\nindustrial manslaughter monetary penalty—see schedule 4,\nsection 4.1A.\nindustrial manslaughter offence means an offence against\nsection 34A (Industrial manslaughter).\ninfringement notice—see the Magistrates Court Act 1930,\ndictionary.\ninfringement notice offence—see the Magistrates Court Act 1930,\ndictionary.\ninspector means an inspector appointed under part 9 (Securing\ncompliance).\ninternal review—see section 224.\ninternal reviewer means—\n(b) a person appointed by the regulator under section 225.\nmajor construction project, for part 5 (Consultation, representation\nand participation)—see section 49A.\nnotice—\n(a) for division 10.4 (General requirements applying to notices)—\nsee section 202; or\n(b) for division 10.6 (Injunctions)—see section 214.\nnotifiable incident—see section 35.\noffender, for division 13.2 (Sentencing for offences)—see\nsection 234.\n\noffice—see office of the work health and safety commissioner.\noffice of the work health and safety commissioner, for schedule 2\n(The regulator and local tripartite consultation arrangements and\nother local arrangements)—means the Office of the Work Health and\nSafety Commissioner established under section 2.18.\nofficer means—\n(a) an officer within the meaning of the Corporations Act, section 9,\nother than a partner in a partnership; or\n(b) an officer of the Territory within the meaning of section 247; or\n(c) an officer of a public authority within the meaning of\nsection 252.\nofficial of a union, for part 7 (Workplace entry by WHS entry\nparties, in relation to an issue, for division 5.5 (Issue resolution)—\nsee section 80.\npersonal information—see the Privacy Act 1988 (Cwlth),\nsection 6 (1).\nperson conducting a business or undertaking—see section 5.\nphysical element—see the Criminal Code, section 14.\nplant includes—\n(a) any machinery, equipment, appliance, container, implement and\ntool; and\n(b) any component of any of the things referred to in paragraph (a);\nand\n(c) anything fitted or connected to any of the things referred to in\nparagraph (a).\n\nprincipal contractor, for a major construction project, for part 5\n(Consultation, representation and participation)—see section 49B.\nprohibited asbestos, for division 10.2A (Prohibited asbestos\nnotices)—see section 197A.\nprohibited reason, for part 6 (Discriminatory, coercive and\nmisleading conduct)—see section 106.\nprohibition notice—see section 195.\npublic authority means a territory authority.\nreasonably practicable, in relation to a duty to ensure health and\nsafety—see section 18.\nregulator means the WHS Commissioner.\nrelevant person, in relation to a workplace, for division 10.2A\n(Prohibited asbestos notices)—see section 197A.\nrelevant person conducting a business or undertaking, for part 7\n(Workplace entry by WHS entry permit-holders)—see section 116.\nrelevant union, for part 7 (Workplace entry by WHS entry\nrelevant worker, for part 7 (Workplace entry by WHS entry\nrepresentative, in relation to a worker, means—\n(a) the health and safety representative for the worker; or\n(b) a union representing the worker; or\n(c) any other person the worker authorises to represent him or her.\nreviewable decisions, for part 12 (Review of decisions)—see\nsection 223.\n\nserious injury or illness, for part 3 (Incident notification)—\nsee section 36.\nsexual assault incident, for part 3 (Incident notification)—see\nsection 37A.\nstaff of the office, for schedule 2, part 2.2 (Office of the Work Health\nand Safety Commissioner)—see section 2.30.\nState includes Territory.\nstatement of expectations, for schedule 2, part 2.2 (Office of the\nWork Health and Safety Commissioner)—see section 2.39.\nstatement of operational intent, for schedule 2, part 2.2 (Office of the\nWork Health and Safety Commissioner)—see section 2.40.\nState or Territory industrial law—see the Fair Work Act,\nsection 26 (2).\nstrategic plan, for schedule 2, part 2.2 (Office of the Work Health\nand Safety Commissioner)—see section 2.38.\nstructure means anything that is constructed, whether fixed or\nmoveable, temporary or permanent, and includes—\n(a) buildings, masts, towers, framework, pipelines, transport\ninfrastructure and underground works (shafts or tunnels); and\n(b) any component of a structure; and\n(c) part of a structure.\nsubstance means any natural or artificial substance, whether in the\nform of a solid, liquid, gas or vapour.\nsupply, of a thing—see section 6.\ntier A monetary penalty—see schedule 4, section 4.2.\ntier B monetary penalty—see schedule 4, section 4.2.\ntier C monetary penalty—see schedule 4, section 4.2.\ntier D monetary penalty—see schedule 4, section 4.2.\n\ntier E monetary penalty—see schedule 4, section 4.2.\ntier F monetary penalty—see schedule 4, section 4.2.\ntier G monetary penalty—see schedule 4, section 4.2.\ntier H monetary penalty—see schedule 4, section 4.2.\ntier I monetary penalty—see schedule 4, section 4.2.\nunion means—\n(a) an employee organisation that is registered, or taken to be\nregistered, under the Fair Work (Registered Organisations)\nAct 2009 (Cwlth); or\n(b) an association of employees or independent contractors, or both,\nthat is registered or recognised as such an association (however\ndescribed) under a State or Territory industrial law.\nvolunteer means a person who is acting on a voluntary basis (whether\nor not the person receives out-of-pocket expenses).\nWHS civil penalty provision—see section 254.\nWHS civil penalty provision tier 1—see schedule 4, section 4.3.\nWHS civil penalty provision tier 2—see schedule 4, section 4.3.\nWHS civil penalty provision tier 3—see schedule 4, section 4.3.\nWHS civil penalty provision tier 4—see schedule 4, section 4.3.\nWHS commissioner—see work health and safety commissioner.\nWHS entry permit means a WHS entry permit issued under part 7\n(Workplace entry by WHS entry permit-holders).\nWHS entry permit-holder means a person who holds a WHS entry\nWHS undertaking means an undertaking given under\nsection 216 (1).\n\nworker—see section 7.\nwork group means a work group determined under part 5\n(Consultation, representation and participation).\nwork health and safety commissioner means the Work Health and\nSafety Commissioner appointed under schedule 2, section 2.21.\nworkplace—see section 8.\n\n1 About the endnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nWork Health and Safety Act 2011 A2011-35\nnotified LR 29 September 2011\ns 1, s 2 commenced 29 September 2011 (LA s 75 (1))\nremainder commenced 1 January 2012 (s 2 and CN2011-12)\nStatute Law Amendment Act 2011 (No 3) A2011-52 sch 3 pt 3.55\nnotified LR 28 November 2011\ns 1, s 2 commenced 28 November 2011 (LA s 75 (1))\nsch 3 pt 3.55 commenced 1 January 2012 (LA s 79A and see\nA2011-35))\nas modified by\nWork Health and Safety Regulation 2011 SL2011-36 pt 20.4A (as am\nby SL2012-9 s 4, SL2012-31 s 4)\nnotified LR 19 December 2011\ns 1, s 2 commenced 19 December 2011 (LA s 75 (1))\npt 20.4A commenced 1 January 2012 (s 2 (1) and see Work Health\nand Safety Act 2011 A2011-35, s 2 and CN2011-12)\nWork Health and Safety Amendment Regulation 2012 (No 1) SL2012-9\nnotified LR 19 March 2012\ns 1, s 2 taken to have commenced 1 January 2012 (LA s 75 (2))\nremainder taken to have commenced 1 January 2012 (s 2)\nNote This regulation only amends the Work Health and Safety\nRegulation 2011 SL2011-36.\nWork Health and Safety (Bullying) Amendment Act 2012 A2012-6\nnotified LR 1 March 2012\ns 1, s 2 commenced 1 March 2012 (LA s 75 (1))\nremainder commenced 1 June 2012 (s 2 and CN2012-10)\n\nStatute Law Amendment Act 2012 A2012-21 sch 3 pt 3.58\nnotified LR 22 May 2012\ns 1, s 2 commenced 22 May 2012 (LA s 75 (1))\namdt 3.222 commenced 5 June 2012 (s 2 (2))\nsch 3 pt 3.58 remainder commenced 5 June 2012 (s 2 (1))\nWork Health and Safety Amendment Regulation 2012 (No 2)\nnotified LR 5 July 2012\ns 1, s 2 taken to have commenced 1 January 2012 (LA s 75 (2))\nremainder taken to have commenced 1 January 2012 (s 2)\nNote This regulation only amends the Work Health and Safety\nRegulation 2011 SL2011-36.\nStatute Law Amendment Act 2013 A2013-19 sch 3 pt 3.54\nnotified LR 24 May 2013\ns 1, s 2 commenced 24 May 2013 (LA s 75 (1))\nsch 3 pt 3.54 commenced 14 June 2013 (s 2)\nStatute Law Amendment Act 2013 (No 2) A2013-44 sch 3 pt 3.24\nnotified LR 11 November 2013\ns 1, s 2 commenced 11 November 2013 (LA s 75 (1))\nsch 3 pt 3.24 commenced 25 November 2013 (s 2)\nStatute Law Amendment Act 2014 A2014-18 sch 3 pt 3.25\nnotified LR 20 May 2014\ns 1, s 2 commenced 20 May 2014 (LA s 75 (1))\nsch 3 pt 3.25 commenced 10 June 2014 (s 2 (1))\nDangerous Substances (Asbestos Safety Reform) Legislation\nAmendment Act 2014 A2014-53 pt 8\nnotified LR 3 December 2014\ns 1, s 2 commenced 3 December 2014 (LA s 75 (1))\npt 8 commenced 1 January 2015 (s 2)\nRed Tape Reduction Legislation Amendment Act 2015 A2015-33\nsch 1 pt 1.78\nnotified LR 30 September 2015\ns 1, s 2 commenced 30 September 2015 (LA s 75 (1))\nsch 1 pt 1.78 commenced 14 October 2015 (s 2)\n\nRed Tape Reduction Legislation Amendment Act 2016 A2016-18\nsch 3 pt 3.50\nnotified LR 13 April 2016\ns 1, s 2 commenced 13 April 2016 (LA s 75 (1))\nsch 3 pt 3.50 commenced 27 April 2016 (s 2)\nWorkplace Privacy Amendment Act 2016 A2016-22 s 22\nnotified LR 14 April 2016\ns 1, s 2 commenced 14 April 2016 (LA s 75 (1))\ns 22 commenced 14 October 2016 (s 2 (1) (as am by A2016-37\namdt 1.44) and LA s 79)\nEmergencies Amendment Act 2016 A2016-33 sch 1 pt 1.24\nnotified LR 20 June 2016\ns 1, s 2 commenced 20 June 2016 (LA s 75 (1))\nsch 1 pt 1.24 commenced 21 June 2016 (s 2)\nJustice and Community Safety Legislation Amendment Act 2016\nA2016-37 amdt 1.44\ns 1, s 2 commenced 22 June 2016 (LA s 75 (1))\namdt 1.44 commenced 29 June 2016 (s 2)\nNote This Act only amends the Workplace Privacy Amendment\nAct 2016 A2016-22.\nPublic Sector Management Amendment Act 2016 A2016-52 sch 1\npt 1.65\nnotified LR 25 August 2016\ns 1, s 2 commenced 25 August 2016 (LA s 75 (1))\nsch 1 pt 1.65 commenced 1 September 2016 (s 2)\nWork Health and Safety Legislation Amendment Act 2018 A2018-8\npt 3\nnotified LR 5 March 2018\ns 1, s 2 commenced 5 March 2018 (LA s 75 (1))\npt 3 commenced 29 March 2018 (s 2)\nWork Health and Safety Amendment Act 2018 A2018-26 pt 2\nnotified LR 15 August 2018\ns 1, s 2 commenced 15 August 2018 (LA s 75 (1))\npt 2 commenced 1 January 2019 (s 2)\n\nRed Tape Reduction Legislation Amendment Act 2018 A2018-33\nsch 1 pt 1.42\nnotified LR 25 September 2018\ns 1, s 2 commenced 25 September 2018 (LA s 75 (1))\nsch 1 pt 1.42 commenced 23 October 2018 (s 2 (4))\nCourts (Fair Work and Work Safety) Legislation Amendment Act 2019\nA2019-32 pt 6\nnotified LR 9 October 2019\ns 1, s 2 commenced 9 October 2019 (LA s 75 (1))\ns 3, pt 6 commenced 10 October 2019 (s 2 (1))\nWork Health and Safety Amendment Act 2019 A2019-38\nnotified LR 31 October 2019\ns 1, s 2 commenced 31 October 2019 (LA s 75 (1))\nss 3-21, s 23, s 24 and s 27 commenced 5 December 2019 (s 2 (1)\nand CN2019-20)\nremainder commenced 30 April 2020 (s 2 (1) and LA s 79)\nEmployment and Workplace Safety Legislation Amendment Act 2020\nA2020-30 pt 4 (as am by A2020-42 s 70)\nnotified LR 9 July 2020\ns 1, s 2 commenced 9 July 2020 (LA s 75 (1))\nss 105-108 commenced 7 September 2020 (s 2 (2) (as am by\nA2020-42 s 70) and CN2020-20)\npt 4 remainder commenced 10 July 2020 (s 2 (1))\nJustice Legislation Amendment Act 2020 A2020-42 s 70\nnotified LR 27 August 2020\ns 1, s 2 commenced 27 August 2020 (LA s 75 (1))\ns 70 commenced 28 August 2020 (s 2 (9))\nNote This Act only amends the Employment and Workplace Safety\nLegislation Amendment Act 2020 A2020-30.\nWork Health and Safety Amendment Act 2021 A2021-19\nnotified LR 11 August 2021\ns 1, s 2 commenced 11 August 2021 (LA s 75 (1))\nremainder commenced 11 November 2021 (s 2)\n\nLegislation (Legislative Assembly Committees) Amendment Act 2022\nA2022-4 sch 1 pt 1.23\nnotified LR 30 March 2022\ns 1, s 2 commenced 30 March 2022 (LA s 75 (1))\nsch 1 pt 1.23 commenced 6 April 2022 (s 2)\nWorkplace Legislation Amendment Act 2022 A2022-23 pt 4\nnotified LR 9 December 2022\ns 1, s 2 commenced 9 December 2022 (LA s 75 (1))\npt 4 commenced 9 June 2023 (s 2 (2))\nWork Health and Safety Amendment Act 2023 A2023-31\nnotified LR 7 July 2023\ns 1, s 2 taken to have commenced 20 October 2022 (LA s 75 (2))\nremainder taken to have commenced 20 October 2022 (s 2)\nWorkplace Legislation Amendment Act 2024 A2024-15 pt 4\nnotified LR 19 April 2024\ns 1, s 2 commenced 19 April 2024 (LA s 75 (1))\npt 4 commenced 19 August 2024 (s 2 (2))\nWorkplace Legislation Amendment Act 2025 A2025-18 pt 6\nnotified LR 2 July 2025\ns 1, s 2 commenced 2 July 2025 (LA s 75 (1))\npt 6 commenced 9 July 2025 (s 2 (1))\nStatute Law Amendment Act 2025 A2025-29 sch 3 pt 3.108\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 3 pt 3.108 commenced 26 November 2025 (s 2 (3))\nWorkplace Legislation Amendment Act 2025 (No 3) A2025-30 pt 7,\nsch 1 pt 1.5\nnotified LR 12 November 2025\ns 1, s 2 commenced 12 November 2025 (LA s 75 (1))\npt 7, sch 1 pt 1.5 commenced 19 November 2025 (s 2 (3))\n\nLong title\nlong title am A2018-8 s 27\nCommencement\ns 2 om LA s 89 (4)\nScope\ns 12 am A2018-8 s 28, s 29\nApplication of Act to dangerous goods and high risk plant—sch 1\ns 12AA ins A2018-8 s 30\nOffences against Act—application of Criminal Code etc\ns 12B am A2024-15 s 7\nDuty of officers\ns 27 am A2021-19 s 4\nNegligence or reckless conduct—category 1\ns 31 hdg sub A2022-23 s 19\ns 31 am A2012-21 amdt 3.220; A2019-32 s 17; A2022-23 s 20;\nA2024-15 s 8, s 9\nFailure to comply with health and safety duty—category 2\ns 32 am A2024-15 s 10\nFailure to comply with health and safety duty—category 3\ns 33 am A2024-15 s 11\nIndustrial manslaughter\ndiv 2.6 hdg ins A2021-19 s 5\nIndustrial manslaughter\ns 34A ins A2021-19 s 5\nam A2024-15 s 12\nAlternative verdict for industrial manslaughter\ns 34B ins A2021-19 s 5\nWhat is a notifiable incident\ns 35 am A2022-23 s 21; A2025-30 s 30\nWhat is a serious injury or illness—pt 3\ns 36 am A2012-21 amdt 3.221\nsub A2025-30 s 31\nWhat is a dangerous incident—pt 3\ns 37 sub A2025-30 s 31\nWhat is a sexual assault incident—pt 3\ns 37A ins A2022-23 s 22\n\nDuty to notify of notifiable incidents\ns 38 am A2022-23 s 23; A2024-15 s 31, s 32; A2025-30 s 32\nDuty to preserve incident sites and evidence\ns 39 hdg sub A2025-30 s 33\ns 39 am A2022-23 s 24; A2024-15 s 31; A2025-30 ss 34-37\nPerson conducting business or undertaking and person with management or\ncontrol of workplace to notify each other of notifiable incidents\ns 39A ins A2025-30 s 38\nRequirements for authorisation of workplaces\ns 41 am A2024-15 s 29\nRequirements for authorisation of plant or substance\ns 42 am A2024-15 s 30\nRequirements for authorisation of work\ns 43 am A2024-15 s 30\nRequirements for prescribed qualifications or experience\ns 44 am A2024-15 s 30\nRequirement to comply with conditions of authorisation\ns 45 am A2024-15 s 30\nDuty to consult with other duty-holders\ns 46 am A2024-15 s 30\nDuty to consult workers\ns 47 am A2024-15 s 30\nDefinitions\nsdiv 5.3.1A hdg ins A2018-26 s 4\nMeaning of major construction project—pt 5\ns 49A ins A2018-26 s 4\nMeaning of principal contractor—pt 5\ns 49B ins A2018-26 s 4\nMeaning of eligible union—div 5.3\ns 49C ins A2018-26 s 4\nConsultation with eligible unions—major construction project\ns 50A ins A2018-26 s 5\nExemption from certain requirements under this part\ns 50B ins A2018-26 s 5\nElection of health and safety representatives—major construction project\ns 50C ins A2018-26 s 5\n\nDetermination of work groups\ns 51 am A2018-26 s 6\nNegotiations for agreement for work group\ns 52 am A2011-52 amdt 3.202; A2018-26 s 7, s 8; A2022-23 s 25;\nA2024-15 s 31\nNotice to workers\ns 53 am A2024-15 s 33\nFailure of negotiations\ns 54 am A2018-26 s 9, s 10\nDetermination of work groups of multiple businesses\ns 55 am A2018-26 s 11\nNegotiation of agreement for work groups of multiple businesses\ns 56 am A2024-15 s 31\nNotice to workers\ns 57 am A2024-15 s 33\nProcedure for election of health and safety representatives\ns 61 am A2024-15 s 31\nGeneral obligations of person conducting business or undertaking\ns 70 am A2024-15 s 31\nExceptions from obligations under s 70 (1)\ns 71 am A2024-15 s 31\nObligation to train health and safety representatives\ns 72 am A2018-26 s 12; A2022-23 s 26, s 27; A2024-15 s 31\nObligation to train health and safety representatives—major construction\nproject\ns 72A ins A2018-26 s 13\nObligation to share costs if multiple businesses or undertakings\ns 73 am A2018-26 s 14\nList of health and safety representatives\ns 74 am A2024-15 s 33\nHealth and safety committees\ns 75 am A2024-15 s 32\nConstitution of committee\ns 76 am A2018-26 s 15, s 16\nDuties of person conducting business or undertaking\ns 79 am A2024-15 s 31\n\nObligation to train health and safety committee members—major\nconstruction project\ns 79A ins A2018-26 s 17\nHealth and safety representative may direct that unsafe work cease\ns 85 am A2018-26 s 18\nProvisional improvement notices\ns 90 am A2018-26 s 18\nDisplay of provisional improvement notice\ns 97 am A2024-15 s 32\nOffence to contravene a provisional improvement notice\ns 99 am A2024-15 s 29\nProhibition of discriminatory conduct\ns 104 am A2024-15 s 28\nProhibition of requesting, instructing, inducing, encouraging, authorising or\nassisting discriminatory conduct\ns 107 am A2024-15 s 28\nProhibition of coercion or inducement\ns 108 am A2012-21 amdt 3.222; A2016-33 amdt 1.55; A2024-15\ns 28\nMisrepresentation\ns 109 am A2024-15 s 28\nRights that may be exercised while at workplace\ns 118 am A2020-30 ss 105-107; A2024-15 s 34\nNotice of exercise of right under s 118 (1) (da)\ns 118A ins A2020-30 s 108\nContravening WHS entry permit conditions\ns 123 am A2024-15 s 13\nWHS entry permit-holder must also hold permit under other law\ns 124 am A2024-15 s 35\nWHS entry permit to be available for inspection\ns 125 am A2024-15 s 35\nWhen right may be exercised\ns 126 am A2024-15 s 35\nWork health and safety requirements\ns 128 am A2024-15 s 35\nResidential premises\ns 129 am A2024-15 s 35\n\nApplication for WHS entry permit\ns 131 am A2012-21 amdt 3.223; A2016-18 amdt 3.225, amdt 3.226\nContravening order made to deal with dispute\ns 143 am A2024-15 s 34\nPerson must not refuse or delay entry of WHS entry permit-holder\ns 144 am A2024-15 s 34\nPerson must not hinder or obstruct WHS entry permit-holder\ns 145 am A2024-15 s 34\nWHS entry permit-holder must not delay, hinder or obstruct any person or\ndisrupt work at workplace\ns 146 am A2024-15 s 35\nMisrepresentations about things authorised by this part\ns 147 am A2024-15 s 34\nUnauthorised use or disclosure of information or documents\ns 148 am A2024-15 s 14, s 34\nReturn of WHS entry permits\ns 149 am A2024-15 s 15\nUnion to provide information to regulator\ns 150 am A2024-15 s 16\nPowers of regulator to obtain information\ns 155 am A2014-18 amdt 3.126; A2022-23 ss 28-30; A2024-15 s 31\nAppointment of inspectors\ns 156 am A2025-30 amdt 1.10\nGeneral powers on entry\ns 165 am A2012-21 amdt 3.224; A2024-15 s 31\nSearch warrants\ns 167 am A2016-18 amdt 3.227\nWarrants—application made other than in person\ns 167A am A2018-33 amdt 1.81, amdt 1.82\nPower to require production of documents and answers to questions\ns 171 am A2022-23 ss 31-34; A2024-15 s 31\nAbrogation of privilege against self-incrimination\ns 172 am A2022-23 s 35; A2024-15 s 17\nWarning to be given\ns 173 am A2022-23 ss 36-39\nPowers supporting seizure\ns 177 am A2024-15 s 31\n\nPower to require name and address\ns 185 am A2012-21 amdt 3.225; A2024-15 s 18\nOffence to hinder or obstruct inspector\ns 188 am A2024-15 s 31\nOffence to impersonate inspector\ns 189 am A2024-15 s 19\nOffence to assault, threaten or intimidate inspector\ns 190 am A2024-15 s 20\nCompliance with improvement notice\ns 193 am A2024-15 s 29\nCompliance with prohibition notice\ns 197 am A2024-15 s 28\nProhibited asbestos notices\ndiv 10.2A hdg ins A2020-30 s 109\nDefinitions—div 10.2A\ns 197A ins A2020-30 s 109\ndef asbestos ins A2020-30 s 109\ndef asbestos containing material (ACM) ins A2020-30 s 109\ndef prohibited asbestos ins A2020-30 s 109\ndef relevant person ins A2020-30 s 109\nIssue of prohibited asbestos notice\ns 197B ins A2020-30 s 109\nContents of prohibited asbestos notice\ns 197C ins A2020-30 s 109\nCompliance with prohibited asbestos notice\ns 197D ins A2020-30 s 109\nam A2024-15 s 28\nExtension of time for compliance with prohibited asbestos notice\ns 197E ins A2020-30 s 109\nCompliance with non-disturbance notice\ns 200 am A2024-15 s 29\nApplication—div 10.4\ns 202 am A2020-30 s 110\nDirections in notices\ns 204 am A2020-30 s 111, s 112\nRecommendations in notice\ns 205 am A2020-30 s 113\n\nChanges to notice\ns 206 sub A2020-30 s 114\nRegulator may vary or cancel notice\ns 207 am A2020-30 s 115\nDisplay of notice\ns 210 am A2024-15 s 32\nWhen regulator may carry out action\ns 211 am A2020-30 s 116\nPower of the regulator to take other remedial action\ns 212 am A2020-30 s 117, s 118\nCosts of remedial or other action\ns 213 am A2020-30 s 119\nApplication—div 10.6\ns 214 am A2020-30 s 120\nRegulator may accept WHS undertakings\ns 216 am A2021-19 s 6\nCompliance with WHS undertaking\ns 219 am A2024-15 s 29\nWhich decisions are reviewable\ns 223 am A2018-26 s 19, s 20; A2020-30 s 121\nApplication for external review\ns 229 am A2013-44 amdt 3.202\nProcedure if prosecution is not brought\ns 231 am A2021-19 s 7, s 8; A2022-23 ss 40-42\nLimitation period for prosecutions\ns 232 am A2021-19 s 9; A2025-30 s 39; ss renum R29 LA\nOffence to fail to comply with order\ns 242 am A2024-15 s 29\nOffences by bodies corporate\ndiv 13.4 hdg sub A2024-15 s 21\nDefinitions—div 13.4\ns 244 sub A2024-15 s 21\ndef authorised person ins A2024-15 s 21\ndef board of directors ins A2024-15 s 21\nPhysical elements\ns 244A ins A2024-15 s 21\nFault elements other than negligence\ns 244B ins A2024-15 s 21\n\nNegligence\ns 244BA ins A2024-15 s 21\nMistake of fact\ns 244C ins A2024-15 s 21\nFailure to take reasonable precautions\ns 244D ins A2024-15 s 21\nHow this division applies to public authorities\ns 244E ins A2024-15 s 21\nOfficers\ns 247 am A2011-52 amdt 3.203\nResponsible agency for the Territory\ns 248 am A2012-21 amdt 3.226\nWhen is a provision a WHS civil penalty provision\ns 254 am A2024-15 s 22\nConfidentiality of information\ns 271 am A2022-23 s 43; A2024-15 s 31\nAdditional ways that regulator may use and share information\ns 271A ins A2022-23 s 44\nam A2024-15 s 23\nNo insurance or other indemnity against penalties\ns 272A ins A2022-23 s 45\nam A2024-15 s 29\nLiability of officers for offences by body corporate under s 272A\ns 272B ins A2022-23 s 45\nam A2024-15 s 24\nPerson not to levy workers\ns 273 am A2024-15 s 32\nRelationship with Legislative Assembly\ns 273A ins A2023-31 s 4\nApproved codes of practice\ns 274 am A2013-19 amdt 3.515; A2013-44 amdt 3.203, amdt 3.204;\nA2014-53 s 64; A2015-33 amdt 1.267\nRegulation-making powers\ns 276 am A2014-18 amdt 3.127; A2024-15 s 25\nApproved forms\ns 277 am A2012-21 amdt 3.227\nTransitional\npt 20 hdg exp 1 January 2014 (s 307 (1) (LA s 88 declaration applies))\n\nDefinitions—pt 20\ns 300 exp 1 January 2014 (s 307 (1) (LA s 88 declaration applies))\ndef commencement day exp 1 January 2014 (s 307 (1) (LA\ns 88 declaration applies))\nWorker consultation units to be work groups\ns 301 exp 1 January 2014 (s 307 (1) (LA s 88 declaration applies))\nWork safety representatives to be health and safety representatives\ns 302 exp 1 January 2014 (s 307 (1) (LA s 88 declaration applies))\nWork safety committees to be health and safety committees\ns 303 exp 1 January 2014 (s 307 (1) (LA s 88 declaration applies))\nAuthorised representatives to be WHS entry permit-holders\ns 304 exp 1 January 2014 (s 307 (1) (LA s 88 declaration applies))\nInspectors\ns 305 exp 1 January 2014 (s 307 (1) (LA s 88 declaration applies))\nInvestigations under Work Safety Act 2008\ns 305A ins as mod SL2011-36 s 816A (as ins by SL2012-9 s 4)\nsub as mod SL2011-36 s 816A (as ins by SL2012-31 s 4)\nexp 1 January 2014 (s 305A and see s 307 (1)\nFunctions under director-general’s delegations\ns 305B ins as mod SL2011-36 s 816A (as ins by SL2012-31 s 4)\nexp 1 January 2014 (s 305B and see s 307 (1)\nMembership of Work Safety Council\ns 305C ins as mod SL2011-36 s 816A (as ins by SL2012-31 s 4)\nexp 1 January 2014 (s 305C and see s 307 (1)\nTransitional regulations\ns 306 exp 1 January 2014 (s 307 (1) (LA s 88 declaration applies))\nExpiry—pt 20\ns 307 exp 1 January 2014 (s 307 (1) (LA s 88 declaration applies))\nTransitional—investigations\npt 21 hdg ins A2014-18 amdt 3.128\nMeaning of commencement day—pt 21\ns 308 ins A2014-18 amdt 3.128\nInvestigations under Work Safety Act 2008 (repealed)\ns 309 ins A2014-18 amdt 3.128\n\nFunctions under director-general’s delegations\ns 310 ins A2014-18 amdt 3.128\nExpiry—pt 21\ns 311 ins A2014-18 amdt 3.128\nApplication of Act to dangerous goods and high risk plant\nsch 1 hdg am A2018-8 s 31\nsch 1 am A2018-8 s 32, s 33\nWork health and safety council\nsch 2 pt 2.1 hdg sub A2019-38 s 4\nEstablishment\nsch 2 s 2.1 am A2019-38 s 5\nFunctions\nsch 2 s 2.2 am A2012-6 s 4, s 5; A2016-22 s 22; A2019-38 ss 6-8\nMembership\nsch 2 s 2.3 sub A2019-38 s 9\nMeaning of appointed member—div 2.1.2\nsch 2 s 2.3A ins A2019-38 s 10\nTerms of appointment\nsch 2 s 2.4 am A2019-38 ss 11-13; A2025-18 s 11\nChair and deputy chair\nsch 2 s 2.5 sub A2019-38 s 14\nReporting of disclosed council interests to Minister\nsch 2 s 2.8 am A2022-4 amdt 1.82, amdt 1.83\nEnding appointment of council member\nsch 2 s 2.9 am A2019-38 ss 15-18\nQuorum at council meetings\nsch 2 s 2.12 am A2019-38 s 19\nVoting at council meetings\nsch 2 s 2.13 sub A2019-38 s 20\nEstablishment\nsch 2 s 2.16 am A2019-38 s 21\nOffice of the Work Health and Safety Commissioner\nsch 2 pt 2.2 hdg sub A2019-38 s 22\nPreliminary\nsch 2 div 2.2.1 hdg ins A2019-38 s 22\n\nDefinitions—pt 2.2\nsch 2 s 2.17 sub A2019-38 s 22\ndef compliance and enforcement policy ins A2019-38 s 22\ndef statement of expectations ins A2019-38 s 22\ndef statement of operational intent ins A2019-38 s 22\ndef strategic plan ins A2019-38 s 22\nEstablishment and functions of office\nsch 2 div 2.2.2 hdg ins A2019-38 s 22\nEstablishment of office\nsch 2 s 2.18 am A2016-52 amdt 1.174\nsub A2019-38 s 22\nConstitution of office\nsch 2 s 2.19 sub A2019-38 s 22\nFunctions of office\nsch 2 s 2.20 sub A2019-38 s 22\nWork health and safety commissioner\nsch 2 div 2.2.3 hdg ins A2019-38 s 22\nAppointment of WHS commissioner\nsch 2 s 2.21 sub A2019-38 s 22\nam A2025-30 amdt 1.10\nFunctions of WHS commissioner\nsch 2 s 2.22 sub A2019-38 s 22\nIndependence of WHS commissioner and Ministerial directions\nsch 2 s 2.23 om A2016-52 amdt 1.175\nins A2019-38 s 22\nDuty of good conduct\nsch 2 s 2.24 am A2016-52 amdt 1.176\nsub A2019-38 s 22\nDisclosure of interests\nsch 2 s 2.25 ins A2019-38 s 22\nOutside employment\nsch 2 s 2.26 ins A2019-38 s 22\nEnding appointment—generally\nsch 2 s 2.27 ins A2019-38 s 22\nEnding appointment—council no-confidence resolution\nsch 2 s 2.28 ins A2019-38 s 22\nLeave of absence\nsch 2 s 2.29 ins A2019-38 s 22\n\nOffice—staff\nsch 2 div 2.2.4 hdg ins A2019-38 s 22\nMeaning of staff of the office—pt 2.2\nsch 2 s 2.30 ins A2019-38 s 22\nAppointment of deputy WHS commissioner\nsch 2 s 2.31 ins A2019-38 s 22\nam A2025-30 amdt 1.10, amdt 1.11\nEmployment of staff\nsch 2 s 2.32 ins A2019-38 s 22\nEngagement of consultants and contractors\nsch 2 s 2.33 ins A2019-38 s 22\nIndependence of staff of the office\nsch 2 s 2.34 ins A2019-38 s 22\nDelegation of functions\nsch 2 s 2.35 ins A2019-38 s 22\nOther arrangements for staff and facilities\nsch 2 s 2.36 ins A2019-38 s 22\nOffice—policy and reporting framework\nsch 2 div 2.2.5 hdg ins A2019-38 s 22\nCompliance and enforcement policy\nsch 2 s 2.37 ins A2019-38 s 22\nStrategic plan\nsch 2 s 2.38 ins A2019-38 s 22\nMinisterial statement of expectations\nsch 2 s 2.39 ins A2019-38 s 22\nStatement of operational intent\nsch 2 s 2.40 ins A2019-38 s 22\nAnnual report\nsch 2 s 2.41 ins A2019-38 s 22\nAuthorisations\nsch 3 s 7.1 am A2016-18 amdt 3.228\nPenalty amounts\nsch 4 hdg ins A2024-15 s 26\nMonetary penalties—categories 1 to 3\nsch 4 s 4.1 ins A2024-15 s 26\nMonetary penalties—industrial manslaughter\nsch 4 s 4.1A ins A2024-15 s 26\n\nMonetary penalties—tiers A to I\nsch 4 s 4.2 ins A2024-15 s 26\nMonetary penalties—WHS civil penalty tiers 1 to 4\nsch 4 s 4.3 ins A2024-15 s 26\nIndexation of penalty amounts\nsch 4 s 4.4 ins A2024-15 s 26\nam A2025-29 amdt 3.391\nRounding of maximum penalty amounts\nsch 4 s 4.5 ins A2024-15 s 26\nNotification of adjusted maximum penalty amounts\nsch 4 s 4.6 ins A2024-15 s 26\ndict am A2012-21 amdt 3.228, amdt 3.229; A2015-33 amdt 1.268;\nA2025-30 s 40\ndef appointed member ins A2019-38 s 23\ndef asbestos ins A2020-30 s 122\ndef asbestos containing material (ACM) ins A2020-30 s 122\ndef authorised person ins A2024-15 s 27\ndef board of directors ins A2024-15 s 27\ndef category 1 monetary penalty ins A2024-15 s 27\ndef category 2 monetary penalty ins A2024-15 s 27\ndef category 3 monetary penalty ins A2024-15 s 27\ndef commissioner ins A2019-38 s 23\ndef compliance and enforcement policy ins A2019-38 s 23\ndef council ins A2013-19 amdt 3.516\nam A2019-38 s 24\ndef eligible union ins A2018-26 s 21\ndef fault element ins A2024-15 s 27\ndef industrial manslaughter monetary penalty ins A2024-15\ns 27\ndef industrial manslaughter offence ins A2021-19 s 10\ndef infringement notice ins A2012-21 amdt 3.230\ndef infringement notice offence ins A2012-21 amdt 3.230\ndef major construction project ins A2018-26 s 21\ndef medical treatment om A2012-21 amdt 3.231\ndef office ins A2019-38 s 25\ndef office of the work health and safety commissioner ins\nA2019-38 s 25\ndef officer am A2012-21 amdt 3.232\ndef physical element ins A2024-15 s 27\ndef principal contractor ins A2018-26 s 21\ndef prohibited asbestos ins A2020-30 s 122\ndef regulator sub A2019-38 s 26\n\ndef relevant person ins A2020-30 s 122\ndef sexual assault incident ins A2022-23 s 46\ndef staff of the office ins A2019-38 s 27\ndef statement of expectations ins A2019-38 s 27\ndef statement of operational intent ins A2019-38 s 27\ndef strategic plan ins A2019-38 s 27\ndef tier A monetary penalty ins A2024-15 s 27\ndef tier B monetary penalty ins A2024-15 s 27\ndef tier C monetary penalty ins A2024-15 s 27\ndef tier D monetary penalty ins A2024-15 s 27\ndef tier E monetary penalty ins A2024-15 s 27\ndef tier F monetary penalty ins A2024-15 s 27\ndef tier G monetary penalty ins A2024-15 s 27\ndef tier H monetary penalty ins A2024-15 s 27\ndef tier I monetary penalty ins A2024-15 s 27\ndef WHS civil penalty provision tier 1 ins A2024-15 s 27\ndef WHS civil penalty provision tier 2 ins A2024-15 s 27\ndef WHS civil penalty provision tier 3 ins A2024-15 s 27\ndef WHS civil penalty provision tier 4 ins A2024-15 s 27\ndef WHS commissioner ins A2019-38 s 27\ndef work health and safety commissioner ins A2019-38\ns 27\ndef work safety commissioner om A2019-38 s 28\n\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nfor\n1 Jan 2012\nA2011-52 new Act and\namendments by\nA2011-52\nR1 (RI)\n19 Mar 2012\nA2011-52 reissue for\nmodifications by\nSL2012-9\nR1 (RI No 2)\nA2011-52 further reissue for\nmodification by\n1 June 2012–\nA2012-6 amendments by\nA2012-6\n5 June 2012–\nA2012-21 amendments by\nA2012-21\nR3 (RI)\n5 June 2012–\nA2012-21 reissue for\nmodification by\n14 June 2013–\n24 Nov 2013\nA2013-19 amendments by\nA2013-19\n\nEarlier republications 5\nfor\n25 Nov 2013\n25 Nov 2013–\n1 Jan 2014\nA2013-44 amendments by\nA2013-44\n2 Jan 2014\n2 Jan 2014–\nA2013-44 expiry of\nmodifications and\ntransitional\nprovisions (pt 20)\n10 June 2014–\n31 Dec 2014\nA2014-18 amendments by\nA2014-18\n1 Jan 2015\n1 Jan 2015–\n13 Oct 2015\nA2014-53 amendments by\nA2014-53\n14 Oct 2015\n14 Oct 2015–\n26 Apr 2016\nA2015-33 amendments by\nA2015-33\n27 Apr 2016\n27 Apr 2016–\nA2016-18 amendments by\nA2016-18\n21 June 2016–\nA2016-33 amendments by\nA2016-33\n29 June 2016–\n31 Aug 2016\nA2016-37 updated endnotes\nA2016-37\n1 Sept 2016\n1 Sept 2016–\n13 Oct 2016\nA2016-52 amendments by\nA2016-52\n14 Oct 2016\n14 Oct 2016–\n28 Mar 2018\nA2016-37 amendments by\nA2016-22 as\nA2016-37\n29 Mar 2018\n29 Mar 2018–\n22 Oct 2018\nA2018-8 amendments by\nA2018-8\n23 Oct 2018\n23 Oct 2018–\n31 Dec 2018\nA2018-33 amendments by\nA2018-33\n1 Jan 2019\n1 Jan 2019–\nA2018-26 amendments by\nA2018-26\n11 June 2019–\n9 Oct 2019\nA2018-26 expiry of\ntransitional\nprovisions (pt 21)\n\nfor\n10 Oct 2019\n10 Oct 2019–\n4 Dec 2019\nA2019-32 amendments by\nA2019-32\n5 Dec 2019\n5 Dec 2019–\n29 Apr 2020\nA2019-38 amendments by\nA2019-38\n30 Apr 2020\n30 Apr 2020–\nA2019-38 amendments by\nA2019-38\n10 July 2020–\n6 Sept 2020\nA2020-30 amendments by\nA2020-30\n7 Sept 2020\n7 Sept 2020–\n10 Nov 2021\nA2020-42 amendments by\nA2020-30 and\nA2020-42\n11 Nov 2021\n11 Nov 2021–\n5 Apr 2022\nA2021-19 amendments by\nA2021-19\n6 Apr 2022\n6 Apr 2022–\n19 Oct 2022\nA2022-4 amendments by\nA2022-4\nR25A\n20 Oct 2022–\nA2023-31 retrospective\nA2023-31\n9 June 2023–\n18 Aug 2024\nA2022-23 amendments by\nA2022-23\ndoes not include\nA2023-31 (see\nreissued\nrepublication)\nR26 (RI)\n9 June 2023–\n18 Aug 2024\nA2022-23 retrospective\nA2023-31\n19 Aug 2024\n19 Aug 2024–\nA2024-15 amendments by\nA2024-15\n9 July 2025–\n18 Nov 2025\nA2025-18 amendments by\nA2025-18\n19 Nov 2025\n19 Nov 2025–\n25 Nov 2025\nA2025-30 amendments by\nA2025-30\n\nExpired transitional or validating provisions 6\n6 Expired transitional or validating provisions\nThis Act may be affected by transitional or validating provisions that have expired.\nThe expiry does not affect any continuing operation of the provisions (see\nLegislation Act 2001, s 88 (1)).\nExpired provisions are removed from the republished law when the expiry takes\neffect and are listed in the amendment history using the abbreviation ‘exp’ followed\nby the date of the expiry.\nTo find the expired provisions see the version of this Act before the expiry took\neffect. The ACT legislation register has point-in-time versions of this Act.","sortOrder":321}],"analysis":{"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The original 2011 Act was primarily a harmonisation statute implementing model national WHS laws focused on duties, consultation, and compliance. This republication (No 30, effective 26 November 2025) reflects significant expansions including industrial manslaughter (added as a distinct offence with 20-year maximum penalties), notifiable sexual assault incidents, prohibited asbestos notices, major construction project-specific HSR and training rules, and detailed corporate fault aggregation provisions. These changes have broadened the Act's scope from general risk management to encompass specific high-consequence criminal liabilities, psychosocial hazards, and targeted industry regimes beyond the initial uniform national framework."},"complexity_factors":["Extensive interpretation provisions with 9 key defined terms in Part 1 plus a dictionary with over 50 entries","Layered and overlapping duties across Part 2 (primary duty, designer/manufacturer/importer/supplier duties, officer due diligence, worker duties) with 'reasonably practicable' test and exceptions","Detailed procedural rules in Part 5 for work groups, HSR elections, training, provisional improvement notices, and cease-work directions, including special rules for major construction projects","Multi-part enforcement framework in Parts 8-12 covering regulator powers, inspector entry/search/seizure, notices, enforceable undertakings, and internal/external review","Specific Part 7 regime for WHS entry permits with eligibility, conditions, disputes, and prohibitions, cross-referencing Fair Work Act","Corporate and Territory liability rules in Part 13 (including due diligence, aggregation for fault elements other than negligence, and public authority provisions) plus sentencing options in Division 13.2"],"plain_english_summary":"**The Work Health and Safety Act 2011** is the core law in the Australian Capital Territory designed to protect the health and safety of workers and anyone else affected by work activities.\n\nIt places a primary duty on any 'person conducting a business or undertaking' (PCBU – basically anyone running a business, whether for profit or not) to ensure, as far as is 'reasonably practicable' (a defined test weighing up likelihood, harm, knowledge, and cost), that workers and others are not exposed to risks to their health or safety. This includes providing safe workplaces, equipment, systems, training, and monitoring. Officers of companies must exercise due diligence to ensure their organisation complies. Workers must take reasonable care for their own and others' safety.\n\nThe Act requires consultation with workers on safety matters, allows for elected health and safety representatives (HSRs) with powers to inspect, issue notices, and direct unsafe work to stop, and health and safety committees. It mandates reporting of serious incidents (including deaths, serious injuries, dangerous events, and sexual assault incidents at work). Inspectors have broad powers to enter, investigate, issue notices, and enforce. There are criminal offences with three categories of severity (up to 10 years jail for reckless conduct causing risk of death/serious harm), plus a specific industrial manslaughter offence (up to 20 years jail). It prohibits discrimination or retaliation against people raising safety concerns and regulates union officials' entry to workplaces with permits.\n\nIt matters because it aims to prevent work-related deaths, injuries, and illness through clear duties, worker involvement, strong enforcement, and a national harmonisation approach – shifting from a prescriptive 'compliance' model to one focused on proactive risk management."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act originally aimed to harmonise work health and safety laws nationally. Over time, it has expanded well beyond that original purpose. Notable additions include: industrial manslaughter offences (s.34A, inserted 2021); major construction project provisions (Part 5, added 2018) including mandatory consultation with eligible unions; prohibited asbestos notices (Division 10.2A, inserted 2020); and broader incident notification requirements (sexual assault incidents added 2022, expanded injury definitions 2025). These changes have significantly extended the reach and prescriptiveness of the Act beyond the original model legislation."},"complexity_factors":["Over 50 defined terms, many with layered sub-definitions","Extensive cross-referencing between parts and schedules (e.g., penalty tiers in Schedule 4, regulation-making powers in Schedule 3)","Multiple categories of offences and penalties with different fault elements (negligence, recklessness, strict liability)","Detailed duties for specific roles (designers, manufacturers, importers, suppliers, etc.) with overlapping obligations","Complex incident notification provisions with nested conditions (what is notifiable, exceptions, timing)","Lengthy consultation and representation provisions with specific procedures for work groups, elections, and training","Intricate workplace entry rules for union permit-holders, including separate divisions for different purposes","Large reliance on regulations to prescribe details (e.g., authorisations, codes of practice, penalty indexation)","Numerous exceptions and exemptions scattered throughout the Act"],"plain_english_summary":"**What this Act does**\n\nThe Work Health and Safety Act 2011 sets out the legal obligations of everyone involved in work to ensure health and safety. It applies to all workplaces in the Australian Capital Territory (ACT), including businesses, government, and non-profit organisations.\n\n**Who it affects**\n\n*   **Persons conducting a business or undertaking (PCBUs)** – these are employers, self-employed people, and organisations. They have a primary duty to ensure the health and safety of workers and others affected by their work.\n*   **Officers** – company directors and others who make decisions for a PCBU. They must exercise due diligence to ensure the PCBU complies with its duties.\n*   **Workers** – employees, contractors, subcontractors, volunteers, and others who work for a PCBU. They must take reasonable care of their own safety and that of others, and follow reasonable instructions.\n*   **Other persons at a workplace** – visitors, customers, etc. They must also take reasonable care of their own safety.\n\n**Key elements**\n\n*   **Duties and offences**: The Act creates a hierarchy of offences: Category 1 (reckless or negligent conduct with risk of death or serious harm – up to 10 years imprisonment and heavy fines for individuals), Category 2 (failure to comply with a duty exposing a person to risk of death or serious harm), and Category 3 (failure to comply with a duty without such exposure). Industrial manslaughter is a separate offence with up to 20 years imprisonment for individuals and fines of $18 million for corporations.\n*   **Consultation and representation**: Workers must be consulted on health and safety matters. They can elect health and safety representatives (HSRs) and form health and safety committees. HSRs have powers to issue provisional improvement notices and direct cessation of unsafe work.\n*   **Incident notification**: Certain serious incidents (deaths, serious injuries, dangerous incidents, sexual assault incidents) must be reported to the regulator immediately.\n*   **Enforcement**: Inspectors can issue improvement notices, prohibition notices, and non-disturbance notices. The regulator can accept enforceable undertakings, and courts can impose penalties, adverse publicity orders, and training orders.\n*   **Entry by union permit-holders**: Union officials with a WHS entry permit can enter workplaces to investigate suspected contraventions or consult with workers, subject to conditions.\n\n**Why it matters**\n\nThis Act establishes a comprehensive framework to prevent work-related injuries, illnesses, and deaths. It imposes significant legal obligations and penalties, affecting how businesses manage risks and how workers participate in safety decisions. Compliance is mandatory, and failure can lead to severe criminal penalties."}},"importantCases":[],"_links":{"self":"/api/acts/work-health-and-safety-act-2011","history":"/api/acts/work-health-and-safety-act-2011/history","analysis":"/api/acts/work-health-and-safety-act-2011/analysis","conflicts":"/api/acts/work-health-and-safety-act-2011/conflicts","importantCases":"/api/acts/work-health-and-safety-act-2011/important-cases","documents":"/api/acts/work-health-and-safety-act-2011/documents"}}