{"id":"work-health-and-safety-national-uniform-legislation-act-2011","name":"Work Health and Safety (National Uniform Legislation) Act 2011","slug":"work-health-and-safety-national-uniform-legislation-act-2011","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30724,"registerId":"nt-work-health-and-safety-national-uniform-legislation-act-2011-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 15","sectionType":"part","heading":"Transitional provisions for Work Health","content":"Part 15 Transitional provisions for Work Health\nand Safety (National Uniform Legislation)\nAct 2011\n277 Definitions .................................................................................... 145\n278 Interpretation Act 1978 not affected............................................. 145\n284 Authorisations .............................................................................. 145\n285 Consultation with workers ............................................................ 146\n286 Work groups ................................................................................ 146\n287 Health and safety representatives ............................................... 147\n288 Cost sharing agreement .............................................................. 147\n289 Disqualification of person as health and safety representative .... 147\n290 Health and safety committee ....................................................... 148\n291 Processes underway at commencement ..................................... 148\n292 Authorised union OH&S representatives ..................................... 149\n293 Application made before commencement ................................... 149\n294 Inspectors .................................................................................... 149\n295 Exercise of compliance powers under old WHS Act .................... 150\n296 Codes of practice......................................................................... 150\n297 Work Health and safety Advisory Council .................................... 150\nSchedule 1 Application of Act to dangerous goods and\nhigh risk plant\n1 Definitions .................................................................................... 153\n2 Work Health and Safety Advisory Council ................................... 153\n3 Functions of Council .................................................................... 153\n4 Membership of Council ................................................................ 153\n5 Nominations for membership ....................................................... 154\n6 Term of appointment ................................................................... 154\n7 Termination of appointment ......................................................... 154\n8 Chair and deputy chair ................................................................ 155\n9 Meetings of Council ..................................................................... 155\n10 Committees ................................................................................. 155\n11 Annual report ............................................................................... 156\n12 Disclosure of interest ................................................................... 156\n1 Duties .......................................................................................... 158\n2 Incidents ...................................................................................... 158\n3 Plant, substances or structures ................................................... 158\n\nWork Health and Safety (National Uniform Legislation) Act 2011 xiv\n4 Protection and welfare of workers ............................................... 159\n5 Hazards and risks ........................................................................ 159\n6 Records and notices .................................................................... 159\n7 Authorisations .............................................................................. 159\n8 Work groups ................................................................................ 160\n9 Health and safety committees and health and safety\nrepresentatives ............................................................................ 160\n10 Issue resolution ........................................................................... 160\n11 WHS entry permits ...................................................................... 161\n12 Identity cards ............................................................................... 161\n13 Forfeiture ..................................................................................... 161\n14 Review of decisions ..................................................................... 161\n\n____________________\nAs in force at 1 February 2020\n____________________\nWORK HEALTH AND SAFETY (NATIONAL UNIFORM LEGISLATION)\nACT 2011\nAn Act about work health and safety, and for related purposes\n","sortOrder":0},{"sectionNumber":"Div 1","sectionType":"division","heading":"Introduction","content":"Division 1 Introduction\n","sortOrder":1},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"1 Short title\nThis Act may be cited as the Work Health and Safety (National\nUniform Legislation) Act 2011.\n","sortOrder":2},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"2 Commencement\nThis Act commences on the day fixed by the Administrator by\nGazette notice.\n","sortOrder":3},{"sectionNumber":"Div 2","sectionType":"division","heading":"Object","content":"Division 2 Object\n","sortOrder":4},{"sectionNumber":"3","sectionType":"section","heading":"Object","content":"3 Object\n(1) The main object of this Act is to provide for a balanced and\nnationally consistent framework to secure the health and safety of\nworkers and workplaces 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\nand safety practices, and assisting persons conducting\nbusinesses or undertakings and workers to achieve a healthier\n\nWork Health and Safety (National Uniform Legislation) Act 2011 2\nand safer working 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(f) ensuring appropriate scrutiny and review of actions taken by\npersons exercising powers and performing functions under\nthis Act; 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\nTerritory.\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","sortOrder":5},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"4 Definitions\napproved code of practice means a code of practice approved\nunder Part 14.\nauthorised, for Part 4, see section 40.\nCategory 1 offence, see section 31.\nCategory 2 offence, see section 32.\nCategory 3 offence, see section 33.\ncompliance powers means the functions and powers conferred on\nan inspector under this Act.\ncondition includes limitation and restriction.\n\nWork Health and Safety (National Uniform Legislation) Act 2011 3\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 to\nbe a corresponding WHS law.\ndangerous incident, for Part 3, see section 37.\ndemolition includes deconstruction.\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\ncommunicate to any person or publish.\ndiscriminatory conduct, for Part 6, see section 105.\ndocument includes record.\nemployee record, in relation to an employee, has the same\nmeaning as it has in the Privacy Act 1988 (Cth).\nemployer organisation means an organisation of employers.\nengage in conduct means doing an act or omitting to do an act.\nFair Work Act means the Fair Work Act 2009 (Cth).\nhandling includes transport.\nhealth means physical and psychological health.\nhealth and safety duty means a duty imposed under Part 2,\nDivision 2, 3 or 4.\nhealth and safety representative, in relation to a worker, means\nthe health and safety representative elected under Part 5 for the\nwork group of which the worker is a member.\nimport means to bring into the jurisdiction from outside Australia.\nindustrial manslaughter means the offence of industrial\nmanslaughter under section 34B.\n\nWork Health and Safety (National Uniform Legislation) Act 2011 4\ninspector means an inspector appointed under Part 9.\ninternal reviewer means:\n(b) a person appointed by the regulator under section 225.\nmedical treatment means treatment by a medical practitioner.\nnotifiable incident, see section 35.\nofficer means:\n(a) an officer within the meaning of section 9 of the Corporations\nAct 2001 (Cth) other than a partner in a partnership; or\n(b) an officer of the Crown within the meaning of section 247; or\n(c) an officer of a public authority within the meaning of\nsection 252;\nother than an elected member of a local government council acting\nin that capacity.\nofficial of a union, for Part 7, see section 116.\nperson conducting a business or undertaking, see section 5.\npersonal information has the same meaning as it has in the\nPrivacy Act 1988 (Cth).\nplant includes:\n(a) any machinery, equipment, appliance, container, implement\nand tool; and\n(b) any component of any of those things; and\n(c) anything fitted or connected to any of those things.\nprohibited reason, for Part 6, see section 106.\npublic authority means:\n(a) an Agency; or\n(b) a local government council.\nreasonably practicable, in relation to a duty to ensure health and\nsafety, see section 18.\n\nWork Health and Safety (National Uniform Legislation) Act 2011 5\nregulator means the Work Health Authority.\nrelevant person conducting a business or undertaking, for\nPart 7, see section 116.\nrelevant union, for Part 7, see section 116.\nrelevant worker, for Part 7, see section 116.\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\nher.\nserious injury or illness, for Part 3, see section 36.\nState includes Territory.\nState or Territory industrial law has the same meaning as it has\nin the Fair Work Act.\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, see section 6.\nunion means:\n(a) an employee organisation that is registered, or taken to be\nregistered, under the Fair Work (Registered Organisations)\nAct 2009 (Cth); or\n(b) an association of employees or independent contractors, or\nboth, that is registered or recognised as such an association\n(however described) under a State or Territory industrial law.\n\nWork Health and Safety (National Uniform Legislation) Act 2011 6\nvolunteer means a person who is acting on a voluntary basis\n(irrespective of whether the person receives out-of-pocket\nexpenses).\nWHS entry permit means a WHS entry permit issued under Part 7.\nWHS entry permit holder means a person who holds a WHS entry\npermit.\nWHS undertaking means an undertaking given under\nsection 216(1).\nwork group means a work group determined under Part 5.\nworker, see section 7.\nworkplace, see section 8.\n","sortOrder":6},{"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\nalone or 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\nbusiness or undertaking conducted by a partnership or an\nunincorporated association.\n(3) If a business or undertaking is conducted by a partnership (other\nthan an incorporated partnership), a reference in this Act to a\nperson conducting the business or undertaking is to be read as a\nreference to each partner in the partnership.\n(4) A person does not conduct a business or undertaking to the extent\nthat the person is engaged solely as a worker in, or as an officer of,\nthat business or undertaking.\n(5) An elected member of a local government council does not in that\ncapacity conduct a business or undertaking.\n(6) The Regulations may specify the circumstances in which a person\nmay be taken not to be a person who conducts a business or\nundertaking for the purposes of this Act or any provision of this Act.\n\nWork Health and Safety (National Uniform Legislation) Act 2011 7\n(7) A volunteer association does not conduct a business or undertaking\nfor the purposes of this Act.\n(8) In this section:\nvolunteer association means a group of volunteers working\ntogether for one or more community purposes where none of the\nvolunteers, whether alone or jointly with any other volunteers,\nemploys any person to carry out work for the volunteer association.\n","sortOrder":7},{"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(4) A financier is taken not to supply plant, a substance or a structure\nfor the 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\nfinancier; and\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\nbefore the financier's customer obtained possession of the plant,\nsubstance or structure is taken for the purposes of this Act to have\nsupplied the plant, substance or structure to the financier's\ncustomer.\n\nWork Health and Safety (National Uniform Legislation) Act 2011 8\n","sortOrder":8},{"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\nassigned to work 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(h) a volunteer; or\n(i) a person of a prescribed class.\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\nor undertaking.\n","sortOrder":9},{"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\nlikely to 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\nwaters or floating on any waters.\n\nWork Health and Safety (National Uniform Legislation) Act 2011 9\n","sortOrder":10},{"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.\n(2) A note at the foot of a provision forms part of this Act.\n","sortOrder":11},{"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\nthe legislative power of the Legislative Assembly permits, the\nCrown in all its other capacities.\n(2) The Crown is liable for an offence against this Act.\n(3) Without limiting subsection (1), the Crown is liable for a\ncontravention of a WHS civil penalty provision.\n","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Extraterritorial application","content":"11 Extraterritorial application\nNote for section 11\nNot required – see Part IIAA, Division 7 of the Criminal Code.\n","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Scope","content":"12 Scope\n","sortOrder":14},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"applies this Act to:","content":"Schedule 1 applies this Act to:\n(a) the storage and handling of dangerous goods; and\n(b) the operation or use of high risk plant affecting public safety.\n","sortOrder":15},{"sectionNumber":"12A","sectionType":"section","heading":"Application of Criminal Code","content":"12A Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against this\nAct.\nNote for section 12A\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof. It\nalso defines, or elaborates on, certain concepts commonly used in the creation of\noffences.\n","sortOrder":16},{"sectionNumber":"12B","sectionType":"section","heading":"Offences are offences of strict liability","content":"12B Offences are offences of strict liability\nStrict liability applies to each physical element of each offence\nunder this Act unless otherwise stated in the section containing the\noffence.\n\nWork Health and Safety (National Uniform Legislation) Act 2011 10\n","sortOrder":17},{"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 for section 13\nThe principles will apply to duties under this Part and other Parts of this Act such\nas duties relating to incident notification and consultation.\n","sortOrder":18},{"sectionNumber":"14","sectionType":"section","heading":"Duties not transferable","content":"14 Duties not transferable\nA duty cannot be transferred to another person.\n","sortOrder":19},{"sectionNumber":"15","sectionType":"section","heading":"Person may have more than one duty","content":"15 Person may have more than one duty\nA person can have more than one duty by virtue of being in more\nthan one class of duty holder.\n","sortOrder":20},{"sectionNumber":"16","sectionType":"section","heading":"More than one person can have a duty","content":"16 More than one person can have a duty\n(1) More than one person can concurrently have the same duty.\n(2) Each duty holder must comply with that duty to the standard\nrequired by this Act even if another duty holder has the same duty.\n(3) If more than one person has a duty for the same matter, each\n(a) retains responsibility for the person's duty in relation to the\nmatter; and\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":21},{"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\nthe person:\n(a) to eliminate risks to health and safety, so far as is reasonably\npracticable; and\n\nWork Health and Safety (National Uniform Legislation) Act 2011 11\n(b) if it is not reasonably practicable to eliminate risks to health\nand safety, to minimise those risks so far as is reasonably\n","sortOrder":22},{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"What is reasonably practicable","content":"Subdivision 2 What is reasonably practicable\n","sortOrder":23},{"sectionNumber":"18","sectionType":"section","heading":"What is reasonably practicable in ensuring health and safety","content":"18 What is reasonably practicable in ensuring health and safety\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;\nand\n(b) the degree of harm that might result from the hazard or the\nrisk; and\n(c) what the person concerned knows, or ought reasonably to\nknow, about:\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":24},{"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\nas is reasonably practicable, the health and safety of:\n(a) workers engaged, or caused to be engaged, by the person;\nand\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\nWork Health and Safety (National Uniform Legislation) Act 2011 12\n(2) A person conducting a business or undertaking must ensure, so far\nas is reasonably practicable, that the health and safety of other\npersons is not put at risk from work carried out as part of the\nconduct of the business or undertaking.\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(b) the provision and maintenance of safe plant and structures;\nand\n(c) the provision and maintenance of safe systems of work; and\n(d) the safe use, handling and storage of plant, structures and\nsubstances; 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\nto their health and safety arising from work carried out as part\nof the 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\n(4) If:\n(a) a worker occupies accommodation that is owned by, or under\nthe management or control of, the person conducting the\nbusiness or undertaking; and\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\nis reasonably practicable, maintain the premises so that the worker\noccupying the premises is not exposed to risks to health and safety.\n\nWork Health and Safety (National Uniform Legislation) Act 2011 13\n(5) A self-employed person must ensure, so far as is reasonably\npracticable, his or her own health and safety while at work.\nA self-employed person is also a person conducting a business or undertaking\nfor the purposes of this section.\n","sortOrder":25},{"sectionNumber":"Div 3","sectionType":"division","heading":"Further duties of persons conducting businesses","content":"Division 3 Further duties of persons conducting businesses\nor undertakings\n","sortOrder":26},{"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\nperson conducting a business or undertaking to the extent that the\nbusiness or undertaking involves the management or control, in\nwhole or in part, of the workplace, but does not include:\n(a) the occupier of a residence, unless the residence is occupied\nfor the 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\nensure, so far as is reasonably practicable, that the workplace, the\nmeans of entering and exiting the workplace and anything arising\nfrom the workplace are without risks to the health and safety of any\nperson.\n","sortOrder":27},{"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 plant at\nworkplaces\n(1) In this section:\nperson with management or control of fixtures, fittings or plant\nat a workplace means a person conducting a business or\nundertaking to the extent that the business or undertaking involves\nthe management or control of fixtures, fittings or plant, in whole or\nin part, at a workplace, but does not include:\n(a) the occupier of a residence, unless the residence is occupied\nfor the purposes of, or as part of, the conduct of a business or\nundertaking; or\n(b) a prescribed person.\n\nWork Health and Safety (National Uniform Legislation) Act 2011 14\n(2) The person with management or control of fixtures, fittings or plant\nat a workplace must ensure, so far as is reasonably practicable,\nthat the fixtures, fittings and plant are without risks to the health and\nsafety of any person.\n","sortOrder":28},{"sectionNumber":"22","sectionType":"section","heading":"Duties of persons conducting businesses or undertakings that","content":"22 Duties of persons conducting businesses or undertakings that\ndesign 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\nthe plant, substance or structure is designed to be without risks to\nthe health and safety of persons:\na purpose for which it was designed; or\n(i) the manufacture, assembly or use of the plant for a\npurpose for which it was designed, or the proper\nstorage, decommissioning, dismantling or disposal of the\nplant; or\n(ii) the manufacture or use of the substance for a purpose\nfor which it was designed or the proper handling, storage\nor disposal 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\n\nWork Health and Safety (National Uniform Legislation) Act 2011 15\n(3) The designer must carry out, or arrange the carrying out of, any\ncalculations, analysis, testing or examination that may be\nnecessary for the performance of the duty imposed by\nsubsection (2).\n(4) The designer must give adequate information to each person who\nis provided with the design for the purpose of giving effect to it\ndesigned; and\na purpose 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":29},{"sectionNumber":"23","sectionType":"section","heading":"Duties of persons conducting businesses or undertakings that","content":"23 Duties of persons conducting businesses or undertakings that\nmanufacture plant, substances or structures\n(1) This section applies to a person (the manufacturer) who conducts\na business or undertaking that manufactures:\n\nWork Health and Safety (National Uniform Legislation) Act 2011 16\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:\na purpose for which it was designed or manufactured; or\n(3) The manufacturer must carry out, or arrange the carrying out of,\nany calculations, analysis, testing or examination that may be\nnecessary for the performance of the duty imposed by\nsubsection (2).\n(4) The manufacturer must give adequate information to each person\nto whom the manufacturer provides the plant, substance or\nstructure concerning:\n\nWork Health and Safety (National Uniform Legislation) Act 2011 17\n(5) The manufacturer, on request, must, so far as is reasonably\npracticable, give current relevant information on the matters\nreferred to in subsection (4) to a person who carries out, or is to\ncarry out, any of the activities referred to in subsection (2)(a) to (e).\n","sortOrder":30},{"sectionNumber":"24","sectionType":"section","heading":"Duties of persons conducting businesses or undertakings that","content":"24 Duties of persons conducting businesses or undertakings that\nimport 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\nthe plant, substance or structure is without risks to the health and\nsafety of persons:\na purpose for which it was designed or manufactured; or\n\nWork Health and Safety (National Uniform Legislation) Act 2011 18\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\nwhom the importer provides the plant, substance or structure\n(5) The importer, on request, must, so far as is reasonably practicable,\n\nWork Health and Safety (National Uniform Legislation) Act 2011 19\n","sortOrder":31},{"sectionNumber":"25","sectionType":"section","heading":"Duties of persons conducting businesses or undertakings that","content":"25 Duties of persons conducting businesses or undertakings that\nsupply 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\nthe plant, substance or structure is without risks to the health and\nsafety of persons:\n(a) who, at a workplace, use the plant or substance or structure\nfor a purpose for which it was designed or manufactured; or\nInspection, storage, operation, cleaning, maintenance or repair of plant.\n\nWork Health and Safety (National Uniform Legislation) Act 2011 20\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\nwhom the supplier supplies the plant, substance or structure\n(5) The supplier, on request, must, so far as is reasonably practicable,\n","sortOrder":32},{"sectionNumber":"26","sectionType":"section","heading":"Duty of persons conducting businesses or undertakings that","content":"26 Duty of persons conducting businesses or undertakings that\ninstall, 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\nthe way 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;\nor\n(b) who use the plant or structure at a workplace for a purpose for\nwhich it was installed, constructed or commissioned; or\n\nWork Health and Safety (National Uniform Legislation) Act 2011 21\n(c) who carry out any reasonably foreseeable activity at a\nworkplace in relation to the proper use, decommissioning or\ndismantling of the plant or demolition or disposal of the\nstructure; or\n(d) who are at or in the vicinity of a workplace and whose health\nor safety may be affected by a use or activity referred to in\nparagraph (a), (b) or (c).\n","sortOrder":33},{"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\nthe person conducting the business or undertaking complies with\nthat duty or obligation.\n(2) Subject to subsection (3), the maximum penalty applicable under\n","sortOrder":34},{"sectionNumber":"Div 5","sectionType":"division","heading":"of this Part for an offence relating to the duty of an officer","content":"Division 5 of this Part for an offence relating to the duty of an officer\nunder this section is the maximum penalty fixed for an officer of a\nperson conducting a business or undertaking for that offence.\n(3) Despite anything to the contrary in section 33, if the duty or\nobligation of a person conducting a business or undertaking was\nimposed under a provision other than a provision of Division 2 or 3\nof this Part or this Division, the maximum penalty under section 33\nfor an offence by an officer under section 33 in relation to the duty\nor obligation is the maximum penalty fixed under the provision\ncreating the duty or obligation for an individual who fails to comply\nwith 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\nWork Health and Safety (National Uniform Legislation) Act 2011 22\n(b) to gain an understanding of the nature of the operations of the\nbusiness or undertaking of the person conducting the\nbusiness or undertaking and generally of the hazards and\nrisks associated with those operations; and\n(c) to ensure that the person conducting the business or\nundertaking has available for use, and uses, appropriate\nresources and processes to eliminate or minimise risks to\nhealth and safety from work carried out as part of the conduct\nof the business or undertaking; and\n(d) to ensure that the person conducting the business or\nundertaking has appropriate processes for receiving and\nconsidering information regarding incidents, hazards and risks\nand responding in a timely way to that information; and\n(e) to ensure that the person conducting the business or\nundertaking has, and implements, processes for complying\nwith any duty or obligation of the person conducting the\nbusiness or undertaking under this Act; and\n(f) to verify the provision and use of the resources and processes\nreferred to in paragraphs (c) to (e).\nExample for definition due diligence, paragraph (e)\nFor the purposes of paragraph (e), the duties or obligations under this Act of a\nperson conducting a business or undertaking may include the following:\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\nhealth and safety;\n• ensuring that health and safety representatives receive their entitlements\nto training.\n","sortOrder":35},{"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\nthe business or undertaking to allow the person to comply with\nthis Act; and\n\nWork Health and Safety (National Uniform Legislation) Act 2011 23\n(d) cooperate with any reasonable policy or procedure of the\nperson conducting the business or undertaking relating to\nhealth or safety at the workplace that has been notified to\nworkers.\n","sortOrder":36},{"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\nduty under 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\nthe business or undertaking to allow the person conducting\nthe business or undertaking to comply with this Act.\n","sortOrder":37},{"sectionNumber":"31","sectionType":"section","heading":"Reckless conduct – Category 1","content":"31 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 exposes an individual to whom that duty is owed to a risk\nof death or serious injury or illness; and\n(c) the person is reckless as to the risk to an individual of death or\nserious injury or illness.\nthan as a person conducting a business or undertaking or as\nan officer of a person conducting a business or undertaking) –\n$300 000 or imprisonment for 5 years or both; or\nof a person conducting a business or undertaking – $600 000\nor imprisonment for 5 years or both; or\n$3 000 000.\n\nWork Health and Safety (National Uniform Legislation) Act 2011 24\n(1A) Section 12B does not apply to the physical elements referred to in\nsubsection (1)(b) and (c).\n(2) The prosecution bears the burden of proving that the conduct was\nengaged in without reasonable excuse.\n","sortOrder":38},{"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.\nthan as a person conducting a business or undertaking or\nas an officer of a person conducting a business or\nundertaking) – $150 000; or\nof a person conducting a business or undertaking – $300 000;\nor\n$1 500 000.\nNote for section 32\n","sortOrder":39},{"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.\nthan as a person conducting a business or undertaking or\nas an officer of a person conducting a business or\nundertaking) – $50 000; or\n\nWork Health and Safety (National Uniform Legislation) Act 2011 25\nof a person conducting a business or undertaking – $100 000;\nor\n$500 000.\nNote for section 33\n","sortOrder":40},{"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 or 29.\n(2) An unincorporated association does not commit an offence under\nthis Act, and is not liable for a civil penalty under this Act, for a\nfailure to comply with a duty or obligation imposed on the\nunincorporated association under this Act.\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; 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":41},{"sectionNumber":"34A","sectionType":"section","heading":"Meaning of alternative offence","content":"34A Meaning of alternative offence\nalternative offence means an offence against section 31 or 32.\n","sortOrder":42},{"sectionNumber":"34B","sectionType":"section","heading":"Industrial manslaughter","content":"34B Industrial manslaughter\n(1) A person commits the offence of industrial manslaughter if:\n(b) the person is a person conducting a business or undertaking\nor an officer of a person conducting a business or undertaking;\nand\n\nWork Health and Safety (National Uniform Legislation) Act 2011 26\n(c) the person intentionally engages in conduct; and\n(d) the conduct breaches the health and safety duty and causes\nthe death of an individual to whom the health and safety duty\nis owed; and\n(e) the person is reckless or negligent about the conduct\nbreaching the health and safety duty and causing the death of\nthat individual.\n(a) for an individual – imprisonment for life; or\n(b) for a body corporate – 65 000 penalty units.\n(2) Strict liability applies to subsection (1)(a) and (b).\n(3) A volunteer does not commit industrial manslaughter for a failure to\ncomply with a health and safety duty, unless the duty is under\nsection 28 or 29.\nNote for subsection (3)\nThe defendant has an evidential burden in relation to the matters in\nsubsection (3) (see section 43BU of the Criminal Code).\n(4) For this section, a person's conduct causes death if it substantially\ncontributes to the death.\n","sortOrder":43},{"sectionNumber":"34C","sectionType":"section","heading":"Provisions not applicable to industrial manslaughter","content":"34C Provisions not applicable to industrial manslaughter\nThe following provisions do not apply in relation to industrial\nmanslaughter:\n(a) section 12B;\n(b) Part 11;\n(c) section 239.\n","sortOrder":44},{"sectionNumber":"34D","sectionType":"section","heading":"Verdict for alternative offence","content":"34D Verdict for alternative offence\n(1) In a proceeding against a person charged with industrial\nmanslaughter, the trier of fact may find the person guilty of an\nalternative offence if the trier of fact:\n(a) is not satisfied beyond reasonable doubt that the person is\nguilty of industrial manslaughter; and\n\nWork Health and Safety (National Uniform Legislation) Act 2011 27\n(b) is satisfied beyond reasonable doubt that the person\ncommitted the alternative offence.\n(2) To avoid doubt, section 316 of the Criminal Code does not apply in\nrespect of industrial manslaughter.\n","sortOrder":45},{"sectionNumber":"34E","sectionType":"section","heading":"Limitation period for prosecution","content":"34E Limitation period for prosecution\n(1) Despite section 232, the limitation periods in that section do not\napply in respect of industrial manslaughter.\n(2) To avoid doubt, the limitation periods in section 232 do prevent a\nguilty verdict for an alternative offence if the proceeding for\nindustrial manslaughter was not commenced within the applicable\nlimitation period in that section.\n","sortOrder":46},{"sectionNumber":"35","sectionType":"section","heading":"What is a notifiable incident","content":"35 What is a notifiable incident\nnotifiable incident means:\n(a) the death of a person; or\n(b) a serious injury or illness of a person; or\n(c) a dangerous incident.\n","sortOrder":47},{"sectionNumber":"36","sectionType":"section","heading":"What is a serious injury or illness","content":"36 What is a serious injury or illness\nserious injury or illness of a person means an injury or illness\nrequiring the person to have:\n(a) immediate treatment as an in-patient in a hospital; or\n(b) immediate treatment for:\n(i) the amputation of any part of his or her body; or\n(ii) a serious head injury; or\n(iii) a serious eye injury; or\n(iv) a serious burn; or\n\nWork Health and Safety (National Uniform Legislation) Act 2011 28\n(v) the separation of his or her skin from an underlying\ntissue (such as degloving or scalping); or\n(vi) a spinal injury; or\n(vii) the loss of a bodily function; or\n(viii) serious lacerations; or\n(c) medical treatment within 48 hours of exposure to a substance;\nand includes any other injury or illness prescribed by the\nRegulations, but does not include an illness or injury of a prescribed\nkind.\n","sortOrder":48},{"sectionNumber":"37","sectionType":"section","heading":"What is a dangerous incident","content":"37 What is a dangerous incident\ndangerous incident means an incident in relation to a workplace\nthat exposes a worker or any other person to a serious risk to the\nperson's health or safety emanating from an immediate or imminent\nexposure to:\n(a) an uncontrolled escape, spillage or leakage of a substance; or\n(b) an uncontrolled implosion, explosion or fire; or\n(c) an uncontrolled escape of gas or steam; or\n(d) an uncontrolled escape of a pressurised substance; or\n(e) electric shock; or\n(f) the fall or release from a height of any plant, substance or\nthing; or\n(g) the collapse, overturning, failure or malfunction of, or damage\nto, any plant that is required to be authorised for use in\naccordance with the Regulations; or\n(h) the collapse or partial collapse of a structure; or\n(i) the collapse or failure of an excavation or of any shoring\nsupporting an excavation; or\n(j) the inrush of water, mud or gas in workings, in an\nunderground excavation or tunnel; or\n(k) the interruption of the main system of ventilation in an\nunderground excavation or tunnel; or\n\nWork Health and Safety (National Uniform Legislation) Act 2011 29\n(l) any other event prescribed by the Regulations;\nbut does not include an incident of a prescribed kind.\n","sortOrder":49},{"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 arising out of the conduct of the business or\nundertaking 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.\nExample for subsection (3)\nThe written notice can be given by facsimile, email or other electronic means.\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.\n(6) If the regulator receives a notice by telephone and a written notice\nis not required, the regulator must give the person conducting the\nbusiness or undertaking:\n(a) details of the information received; or\n(b) an acknowledgement of receiving the notice.\n\nWork Health and Safety (National Uniform Legislation) Act 2011 30\n(7) A person conducting a business or undertaking must keep a record\nof each notifiable incident for at least 5 years from the day that\nnotice of the incident is given to the regulator under this section.\nNote for subsection (7)\n","sortOrder":50},{"sectionNumber":"39","sectionType":"section","heading":"Duty to preserve incident sites","content":"39 Duty to preserve incident sites\n(1) The person with management or control of a workplace at which a\nnotifiable incident has occurred must ensure so far as is reasonably\npracticable, that the site where the incident occurred is not\ndisturbed until an inspector arrives at the site or any earlier time\nthat an inspector directs.\n(2) In subsection (1) a reference to a site includes any plant,\nsubstance, structure or thing associated with the notifiable incident.\n(3) Subsection (1) 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\na further notifiable incident; or\n(d) that is associated with a police investigation; or\n(e) for which an inspector or the regulator has given permission.\n\nWork Health and Safety (National Uniform Legislation) Act 2011 31\n","sortOrder":51},{"sectionNumber":"40","sectionType":"section","heading":"Meaning of authorised","content":"40 Meaning of authorised\nauthorised means authorised by a licence, permit, registration or\nother authority (however described) as required by the Regulations.\n","sortOrder":52},{"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\nworkplace or direct or allow a worker to carry out work at a\nworkplace if:\n(a) the Regulations require the workplace or workplaces in that\nclass of workplace to be authorised; and\n(b) the workplace is not authorised in accordance with the\nNote for section 41\n","sortOrder":53},{"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) the Regulations require the plant or substance or its design to\nbe authorised; and\n(b) the plant or substance or its design is not authorised in\naccordance with the Regulations.\n\nWork Health and Safety (National Uniform Legislation) Act 2011 32\nor allow a worker to use a plant or substance at a workplace if:\n(a) the Regulations require the plant or substance or its design to\nbe authorised; and\n(b) the plant or substance or its design is not authorised in\naccordance with the Regulations.\n","sortOrder":54},{"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:\ncarried out by, or on behalf of, a person who is authorised;\nand\n(b) the person, or the person on whose behalf the work is carried\nout, is not authorised in accordance with the Regulations.\nor allow a worker to carry out work at a workplace if:\ncarried out by, or on behalf of, a person who is authorised;\nand\n\nWork Health and Safety (National Uniform Legislation) Act 2011 33\n(b) the person, or the person on whose behalf the work is to be\ncarried out, is not authorised in accordance with the\n","sortOrder":55},{"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:\ncarried out by, or under the supervision of, a person who has\nprescribed qualifications 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\nexperience.\nor allow a worker to carry out work at a workplace if:\ncarried out by, or under the supervision of, a person who has\nprescribed qualifications 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\nexperience.\n\nWork Health and Safety (National Uniform Legislation) Act 2011 34\n","sortOrder":56},{"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\ngiven to that person under the Regulations.\nNote for section 45\nDivision 1 Consultation, cooperation and coordination\nbetween duty holders\n","sortOrder":57},{"sectionNumber":"46","sectionType":"section","heading":"Duty to consult with other duty holders","content":"46 Duty to consult with other duty holders\nIf more than one person has a duty in relation to the same matter\nunder this Act, each person with the duty must, so far as is\nreasonably practicable, consult, cooperate and coordinate activities\nwith all other persons who have a duty in relation to the same\nmatter.\nNote for section 46\n","sortOrder":58},{"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\nand the Regulations, with workers who carry out work for the\n\nWork Health and Safety (National Uniform Legislation) Act 2011 35\nbusiness or undertaking who are, or are likely to be, directly\naffected by a matter relating to work health or safety.\n(2) If the person conducting the business or undertaking and the\nworkers have agreed to procedures for consultation, the\nconsultation must be in accordance with those procedures.\n(3) The agreed procedures must not be inconsistent with section 48.\n","sortOrder":59},{"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\nthe matter; and\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\nrepresentative, the consultation must involve that representative.\n","sortOrder":60},{"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\nsafety arising from the work carried out or to be carried out by\nthe business or undertaking;\n\nWork Health and Safety (National Uniform Legislation) Act 2011 36\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(d) when proposing changes that may affect the health or safety\nof workers;\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;\nor\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 the\nRegulations for the purposes of this section.\n","sortOrder":61},{"sectionNumber":"Subdiv 1","sectionType":"subdivision","heading":"Request for election of health and safety","content":"Subdivision 1 Request for election of health and safety\n","sortOrder":62},{"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\nask the person conducting the business or undertaking to facilitate\nthe conduct of an election for one or more health and safety\nrepresentatives to represent workers who carry out work for the\n","sortOrder":63},{"sectionNumber":"51","sectionType":"section","heading":"Determination of work groups","content":"51 Determination of work groups\n(1) If a request is made under section 50, the person conducting the\nbusiness or undertaking must facilitate the determination of one or\nmore work groups of workers.\n\nWork Health and Safety (National Uniform Legislation) Act 2011 37\n(2) The purpose of determining a work group is to facilitate the\nrepresentation of workers in the work group by one or more health\nand safety representatives.\n(3) A work group may be determined for workers at one or more\nworkplaces.\n","sortOrder":64},{"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 will 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 within\n14 days after a request is made under section 50.\n(3) The purpose of the negotiations is to determine:\n(a) the number and composition of work groups to be represented\nby health and safety representatives; and\n(b) the number of health and safety representatives and deputy\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\nwork group or groups may, at any time, negotiate a variation of the\n(5) The person conducting the business or undertaking must, if asked\nby a worker, negotiate with the worker's representative in\nnegotiations under this section (including negotiations for a\nvariation of an agreement) and must not exclude the representative\nfrom those negotiations.\n\nWork Health and Safety (National Uniform Legislation) Act 2011 38\n(6) The Regulations 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","sortOrder":65},{"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\nof the outcome of the negotiations and of any work groups\ndetermined by agreement.\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\nof the outcome of the negotiations and of the variation (if any) to the\n","sortOrder":66},{"sectionNumber":"54","sectionType":"section","heading":"Failure of negotiations","content":"54 Failure of negotiations\n(1) If there is a failure of negotiations (including negotiations\nconcerning the variation of an agreement), any person who is or\nwould be a party to the negotiations may ask the regulator to\nappoint an inspector for the purposes of this section.\n(2) An inspector appointed under subsection (1) may decide:\n(a) the matters referred to in section 52(3), or any of those\nmatters which is the subject of the proposed variation (as the\ncase requires); or\n\nWork Health and Safety (National Uniform Legislation) Act 2011 39\n(b) that work groups should not be determined or that the\nagreement should not be varied (as the case requires).\n(3) For the purposes of this section, there is a failure of negotiations\nif:\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 within 14 days\nafter:\n(i) a request is made under section 50; or\n(ii) a party to the agreement requests the variation of the\nagreement; or\n(b) agreement cannot be reached on a matter relating to the\ndetermination of a work group (or the variation of an\nagreement concerning a work group) within a reasonable time\nafter negotiations commence.\n(4) A decision under this section is taken to be an agreement under\nsection 52.\n","sortOrder":67},{"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 2\nor more persons conducting businesses or undertakings at one or\nmore workplaces.\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\nthe workers.\n(3) The parties to an agreement concerning the determination of a\nwork group or groups may, at any time, negotiate a variation of the\n(4) The determination of one or more work groups under this\nSubdivision does not:\n(a) prevent the determination under this Subdivision or\nSubdivision 2 of any other work group of the workers\nconcerned; or\n(b) affect any work groups of those workers that have already\nbeen determined under this Subdivision or Subdivision 2.\n\nWork Health and Safety (National Uniform Legislation) Act 2011 40\n","sortOrder":68},{"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\nbe directed only at the following:\n(a) the number and composition of work groups to be represented\nby health and safety representatives;\n(b) the number of health and safety representatives and deputy\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(3) If agreement cannot be reached on a matter relating to the\ndetermination of a work group (or a variation of an agreement)\nwithin a 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) The Regulations may prescribe the matters that must be taken into\naccount in negotiations for and determination of work groups and\nvariations of agreements.\n","sortOrder":69},{"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\nof the outcome of the negotiations and of any work groups\n\nWork Health and Safety (National Uniform Legislation) Act 2011 41\ndetermined by agreement.\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\nof the outcome of the negotiations and of the variation (if any) to the\n","sortOrder":70},{"sectionNumber":"58","sectionType":"section","heading":"Withdrawal from negotiations or agreement involving multiple","content":"58 Withdrawal from negotiations or agreement involving multiple\nbusinesses\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\nnotice (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\nin accordance with section 56; and\n(b) the withdrawal does not affect the validity of the agreement\nbetween the other parties in the meantime.\n","sortOrder":71},{"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\n2 or more persons conducting businesses or undertakings and their\nworkers to enter into other agreements or make other\narrangements, in addition to complying with this Part, concerning\n\nWork Health and Safety (National Uniform Legislation) Act 2011 42\nthe representation of those workers.\n","sortOrder":72},{"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\na work 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\nif he or she is disqualified under section 65 from being a\nhealth and safety representative.\n","sortOrder":73},{"sectionNumber":"61","sectionType":"section","heading":"Procedure for election of health and safety representatives","content":"61 Procedure for election of health and safety representatives\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\nconducted.\n(2) However, an election must comply with the procedures (if any)\nprescribed by the Regulations.\n(3) If a majority of the workers in a work group so determine, the\nelection may be conducted with the assistance of a union or other\nperson or organisation.\n(4) The person conducting the business or undertaking to which the\nwork group relates must provide any resources, facilities and\nassistance that are reasonably necessary or are prescribed by the\nRegulations to enable elections to be conducted.\n","sortOrder":74},{"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\nWork Health and Safety (National Uniform Legislation) Act 2011 43\n","sortOrder":75},{"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,\nthe election need not be conducted and each candidate is to be\ntaken to have been elected as a health and safety representative\nfor the work group.\n","sortOrder":76},{"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\nthe work group by written notice given to the person\nconducting the relevant business or undertaking; or\n(b) the person ceases to be a worker in the work group for which\nhe or she was elected as a health and safety representative;\nor\n(c) the person is disqualified under section 65 from acting as a\nhealth and safety 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\n(3) A health and safety representative is eligible for re-election.\n","sortOrder":77},{"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 Work Health Court to disqualify\na health and safety representative on the ground that the\nrepresentative has:\n(a) exercised a power or performed a function as a health and\nsafety representative for an improper purpose; or\n(b) used or disclosed any information he or she acquired as a\nhealth and safety representative for a purpose other than in\nconnection with the role of health and safety representative.\n\nWork Health and Safety (National Uniform Legislation) Act 2011 44\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,\nthe court may disqualify the health and safety representative for a\nspecified period or indefinitely.\n","sortOrder":78},{"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\nanything done or omitted to be done in good faith:\n(a) in exercising a power or performing a function under this Act;\nor\n(b) in the reasonable belief that the thing was done or omitted to\nbe done in the exercise of a power or the performance of a\nfunction under this Act.\n","sortOrder":79},{"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\nfor the work group.\n(2) If the health and safety representative for a work group ceases to\nhold office 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;\nand\n(b) this Act applies in relation to the deputy health and safety\nrepresentative as if he or she were the health and safety\nrepresentative.\n(3) Sections 64, 65, 66, 72 and 73 apply to deputy health and safety\nrepresentatives in the same way as they apply to health and safety\nrepresentatives.\n\nSubdivision 5 Powers and functions of health and safety representatives\nWork Health and Safety (National Uniform Legislation) Act 2011 45\nSubdivision 5 Powers and functions of health and safety\n68 Powers and functions of health and safety representatives\n(1) The powers and functions of a health and safety representative for\na work group are:\n(a) to represent the workers in the work group in matters relating\nto work health and safety; and\n(b) to monitor the measures taken by the person conducting the\nrelevant business or undertaking or that person's\nrepresentative in compliance with this Act in relation to\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\nor safety of workers in the work group, arising from the\nconduct of the business or undertaking.\n(2) In exercising a power or performing a function, the health and\nsafety representative 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\n(ii) at any time, without notice, in the event of an incident, or\nany situation involving a serious risk to the health or\nsafety of a person emanating from an immediate or\nimminent exposure 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\nconcerning work health and safety between the worker and:\n\n","sortOrder":80},{"sectionNumber":"Subdiv 5","sectionType":"subdivision","heading":"Powers and functions of health and safety representatives","content":"Subdivision 5 Powers and functions of health and safety representatives\nWork Health and Safety (National Uniform Legislation) Act 2011 46\n(d) with the consent of one or more workers that the health and\nsafety representative represents, be present at an interview\nconcerning work health and safety between a group of\nworkers, which includes the workers who gave the consent,\nand:\n(e) request the establishment of a health and safety committee;\nand\n(f) receive information concerning the work health and safety of\n(g) whenever necessary, request the assistance of any person.\nA health and safety representative also has a power under Division 6 of this Part\nto direct work to cease in certain circumstances and under Division 7 of this Part\nto issue provisional improvement notices.\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":81},{"sectionNumber":"69","sectionType":"section","heading":"Powers and functions generally limited to the particular work","content":"69 Powers and functions generally limited to the particular work\ngroup\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\nmay affect a member of another work group; or\n\nWork Health and Safety (National Uniform Legislation) Act 2011 47\n(b) a member of another work group asks for the representative's\nassistance;\nand the health and safety representative (and any deputy health\nand safety representative) for that other work group is found, after\nreasonable inquiry, to be unavailable.\n(3) In this section:\nanother work group means another work group of workers\ncarrying out work for a business or undertaking to which the work\ngroup that the health and safety representative represents relates.\n","sortOrder":82},{"sectionNumber":"Subdiv 6","sectionType":"subdivision","heading":"Obligations of person conducting business or","content":"Subdivision 6 Obligations of person conducting business or\nundertaking to health and safety representatives\n","sortOrder":83},{"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\nand safety matters with any health and safety representative\nfor a work group of workers carrying out work for the business\nor undertaking; and\n(b) confer with a health and safety representative for a work\ngroup, whenever reasonably requested by the representative,\nfor the purpose of ensuring the health and safety of the\n(c) allow any health and safety representative for the work group\nto have 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;\nand\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\nWork Health and Safety (National Uniform Legislation) Act 2011 48\n(e) with the consent of one or more workers that the health and\nsafety representative 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\nand safety representative for the work group that are\nreasonably necessary or prescribed by the Regulations to\nenable the representative to exercise his or her powers or\nperform his or her functions 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\nthe workplace where a worker in the work group works; and\n(i) provide any other assistance to the health and safety\nrepresentative for the work group that may be required by the\n(2) The person conducting a business or undertaking must allow a\nhealth and safety representative to spend such time as is\nreasonably necessary to exercise his or her powers and perform his\nor her functions under this Act.\n\nWork Health and Safety (National Uniform Legislation) Act 2011 49\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":84},{"sectionNumber":"71","sectionType":"section","heading":"Exceptions from obligations under section 70(1)","content":"71 Exceptions from obligations under section 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(3) The person conducting a business or undertaking is not required to\ngive financial assistance to a health and safety representative for\nthe purpose 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\nwork group to have access to the workplace:\n(a) if the assistant has had his or her WHS entry permit revoked;\nor\n(b) during any period that the assistant's WHS entry permit is\nsuspended or the assistant is disqualified from holding a WHS\nentry permit.\n\nWork Health and Safety (National Uniform Legislation) Act 2011 50\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\nassist in resolving the matter.\n","sortOrder":85},{"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\nrequested by a health and safety representative for a work group\nfor that business or undertaking, allow the health and safety\nrepresentative to attend a course of training in work health and\nsafety that is:\n(a) approved by the regulator; and\n(b) a course that the health and safety representative is entitled\nunder the Regulations to attend; and\n(c) subject to subsection (5), chosen by the health and safety\nrepresentative, in consultation with the person conducting the\n(2) The person conducting the business or undertaking must:\n(a) as soon as practicable within the period of 3 months after the\nrequest is made, allow the health and safety representative\ntime off work to attend the course of training; and\n(b) pay the course fees and any other reasonable costs\nassociated with the health and safety representative's\nattendance at the course of training.\n(3) If:\n(a) a health and safety representative represents a work group of\nthe workers of more than one business or undertaking; and\n(b) the person conducting any of those businesses or\nundertakings has complied with this section in relation to the\nrepresentative;\neach of the persons conducting those businesses or undertakings\nis to be taken to have complied with this section in relation to the\nrepresentative.\n\nWork Health and Safety (National Uniform Legislation) Act 2011 51\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 person conducting the\nbusiness or undertaking and the health and safety representative\nwithin the time required by subsection (2) as to the matters set out\nin subsections (1)(c) and (2), either party may ask the regulator to\nappoint an inspector to decide the matter.\n(6) The inspector may decide the matter in accordance with this\nsection.\n(7) A person conducting a business or undertaking must allow a health\nand safety representative to attend a course decided by the\ninspector and pay the costs decided by the inspector under\nsubsection (6).\nNote for subsection (7)\n","sortOrder":86},{"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\nperforming functions under this Act; and\n(b) the costs referred to in section 72(2)(b);\nfor which any of the persons conducting those businesses or\nundertakings are liable must be apportioned equally between each\nof those persons unless they agree otherwise.\n(2) An agreement to apportion the costs in another way may be varied\nat any time by negotiation and agreement between each of the\npersons conducting the businesses or undertakings.\n\nWork Health and Safety (National Uniform Legislation) Act 2011 52\n","sortOrder":87},{"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\nhealth and safety representative (if any) for each work group\nof workers 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\nundertaking; and\n(ii) at any other workplace that is appropriate taking into\naccount the constitution of the relevant work group or\nwork groups;\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\ncopy of the up-to-date list prepared under subsection (1) to the\nregulator as soon as practicable after it is prepared.\n","sortOrder":88},{"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\nmust establish 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\nWork Health and Safety (National Uniform Legislation) Act 2011 53\n(b) if required by the Regulations to do so, within the time\nprescribed by the Regulations.\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.\nIf a health and safety committee is not required to be established, other\nconsultation procedures can be established for a workplace – see Division 2 of\nthis Part.\n","sortOrder":89},{"sectionNumber":"76","sectionType":"section","heading":"Constitution of committee","content":"76 Constitution of committee\n(1) Subject to subsections (2) to (4), the constitution of a health and\nsafety committee may be agreed between the person conducting\nthe business 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\ncommittee.\n(3) If there are 2 or more health and safety representatives at a\nworkplace, those representatives may choose one or more of their\nnumber (who consent) to be members of the committee.\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(5) If agreement is not reached under this section within a reasonable\ntime, any party may ask the regulator to appoint an inspector to\ndecide the matter.\n(6) An inspector appointed on a request under subsection (5) may\ndecide the constitution of the health and safety committee or that\nthe committee 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\nWork Health and Safety (National Uniform Legislation) Act 2011 54\n","sortOrder":90},{"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\nrelating to health and safety that are to be followed or\ncomplied with at the workplace; and\n(c) any other functions prescribed by the Regulations or agreed\nbetween the person conducting the business or undertaking\nand the committee.\n","sortOrder":91},{"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":92},{"sectionNumber":"79","sectionType":"section","heading":"Duties of person conducting business or undertaking","content":"79 Duties of person conducting business or undertaking\n(1) The person conducting a business or undertaking must allow each\nmember of the health and safety committee to spend the time that\nis reasonably necessary to attend meetings of the committee or to\ncarry out functions as a member of the committee.\n(2) Any time that a member of a health and safety committee spends\nfor the purposes set out in subsection (1) must be with the pay that\nhe or she would otherwise be entitled to receive for performing his\nor her normal duties during that period.\n\nWork Health and Safety (National Uniform Legislation) Act 2011 55\n(3) The person conducting a business or undertaking must allow the\nhealth and safety committee for a workplace to have access to\ninformation that 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.\nNote for subsection (3)\n(4) Despite subsection (3), the person conducting a business or\nundertaking must not allow the health and safety committee to have\naccess to any personal or medical information concerning a worker\nwithout the worker's consent unless the information is in a form that:\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 one business or undertaking,\nthe person conducting each business or undertaking or the\nperson's representative;\n\nWork Health and Safety (National Uniform Legislation) Act 2011 56\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\nthe person'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\nat a workplace or from the conduct of a business or undertaking\nand the matter is not resolved after discussion between the parties\nto 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 in the Regulations.\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\nreasonable efforts have been made to achieve an effective\nresolution 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(3) A request to the regulator under this section does not prevent:\n(a) a worker from exercising the right under Division 6 of this Part\nto cease work; or\n(b) a health and safety representative from issuing a provisional\nimprovement notice or a direction under Division 6 of this Part\nto cease work.\n\nWork Health and Safety (National Uniform Legislation) Act 2011 57\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":"83","sectionType":"section","heading":"Meaning of cease work under this Division","content":"83 Meaning 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.\n","sortOrder":97},{"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","sortOrder":98},{"sectionNumber":"85","sectionType":"section","heading":"Health and safety representative may direct that unsafe work","content":"85 Health and safety representative may direct that unsafe work\ncease\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\nworker a direction to cease work unless the matter is not resolved\nafter:\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\nof this Part.\n(3) The health and safety representative may direct the worker to\ncease work without carrying out that consultation or attempting to\nresolve the matter as an issue under Division 5 of this Part if the\nrisk is so serious and immediate or imminent that it is not\nreasonable to consult before giving the direction.\n\nWork Health and Safety (National Uniform Legislation) Act 2011 58\n(4) The health and safety representative must carry out the\nconsultation as soon as practicable after giving a direction under\nsubsection (3).\n(5) The health and safety representative must inform the person\nconducting the business or undertaking of any direction given by\nthe health and safety representative to workers under this section.\n(6) A health and safety representative cannot give a direction under\nthis section unless the representative has:\n(a) completed initial training prescribed by the Regulations\nreferred to in section 72(1)(b); 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\ncorresponding WHS law.\n","sortOrder":99},{"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\nbusiness or undertaking that the worker has ceased work\nunder this Division unless the worker ceased work under a\ndirection from a health and safety representative; and\n(b) remain available to carry out suitable alternative work.\n","sortOrder":100},{"sectionNumber":"87","sectionType":"section","heading":"Alternative work","content":"87 Alternative work\nIf a worker ceases work under this Division, the person conducting\nthe business or undertaking may direct the worker to carry out\nsuitable alternative work at the same or another workplace if that\nwork is safe and appropriate for the worker to carry out until the\nworker can resume normal duties.\n","sortOrder":101},{"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\naffect the continuity of engagement of the worker for prescribed\npurposes if the worker has not unreasonably failed to comply with a\ndirection to carry 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\nWork Health and Safety (National Uniform Legislation) Act 2011 59\n","sortOrder":102},{"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\nan issue arising in relation to the cessation of work.\nNote for section 89\nThe issue resolution procedures in Division 5 of this Part can also be used to\nresolve an issue arising in relation to the cessation of work.\n","sortOrder":103},{"sectionNumber":"90","sectionType":"section","heading":"Provisional improvement notices","content":"90 Provisional improvement notices\n(1) This section applies if a health and safety representative\nreasonably believes 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\nfirst consulted the person.\n(4) A health and safety representative cannot issue a provisional\nimprovement notice unless the representative has:\n(a) completed initial training prescribed by the Regulations\nreferred to in section 72(1)(b); 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\ncorresponding WHS law.\n\nWork Health and Safety (National Uniform Legislation) Act 2011 60\n(5) A health and safety representative cannot issue a provisional\nimprovement notice in relation to a matter if an inspector has\nalready issued (or decided not to issue) an improvement notice or\nprohibition notice in relation to the same matter.\n","sortOrder":104},{"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":105},{"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\nbeen, contravened; and\n(c) briefly, how the provision is being, or has been, contravened;\nand\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":106},{"sectionNumber":"93","sectionType":"section","heading":"Provisional improvement notice may give directions to remedy","content":"93 Provisional improvement notice may give directions to remedy\ncontravention\n(1) A provisional improvement notice may include directions\nconcerning the measures to be taken to remedy the contravention\nor prevent the likely contravention or the matters or activities\ncausing the contravention or likely contravention to which the notice\nrelates.\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\nWork Health and Safety (National Uniform Legislation) Act 2011 61\n","sortOrder":107},{"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":108},{"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.\n","sortOrder":109},{"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","sortOrder":110},{"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\na notice displayed under subsection (1) during the period that the\nnotice is in force.\n(3) Section 12B does not apply to an offence against subsection (2).\n\nWork Health and Safety (National Uniform Legislation) Act 2011 62\n","sortOrder":111},{"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\nnotice is issued if the notice sufficiently identifies the person.\n","sortOrder":112},{"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 to attend at the workplace.\n(2) The person must comply with the provisional improvement notice\nwithin the time specified in the notice.\n","sortOrder":113},{"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\nor undertaking at the workplace at which the worker carries\nout work;\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\na decision on the review.\n","sortOrder":114},{"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\nas soon as practicable after a request is made under section 100.\n\nWork Health and Safety (National Uniform Legislation) Act 2011 63\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":115},{"sectionNumber":"102","sectionType":"section","heading":"Decision of inspector on review of provisional improvement","content":"102 Decision of inspector on review of provisional improvement\nnotice\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(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\nissued by the inspector under this Act.\n","sortOrder":116},{"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 custodial correctional facility (as defined in section 11(1)(a) of\nthe Correctional Services Act 2014).\n\nWork Health and Safety (National Uniform Legislation) Act 2011 64\n","sortOrder":117},{"sectionNumber":"Part 6","sectionType":"part","heading":"Discriminatory, coercive and misleading","content":"Part 6 Discriminatory, coercive and misleading\nDivision 1 Prohibition of discriminatory, coercive or\nmisleading conduct\nNote for Part 6, Division 1\nPart 6, Division 1 does not limit or otherwise affect the operation of the\nAnti-Discrimination Act 1992.\n","sortOrder":118},{"sectionNumber":"104","sectionType":"section","heading":"Prohibition of discriminatory conduct","content":"104 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\nreason referred to in section 106 was the dominant reason for the\ndiscriminatory conduct.\n(3) Section 12B does not apply to an offence against subsection (1).\nNote for section 104\nCivil proceedings may be brought under Division 3 of this Part in relation to\ndiscriminatory conduct engaged in for a prohibited reason.\n","sortOrder":119},{"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\nof the worker; or\n(iv) alters the position of a worker to the worker's detriment;\nor\n\nWork Health and Safety (National Uniform Legislation) Act 2011 65\n(b) the person:\n(i) refuses or fails to offer to engage a prospective worker;\nor\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\ndiscriminatory conduct if the person organises to take any action\nreferred to in subsection (1) or threatens to organise or take that\naction.\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\nrepresentative or a member of a health and safety committee;\nor\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\npower or perform a function as a health and safety\nrepresentative or as a member of a health and safety\ncommittee; or\n(d) exercises, has exercised or proposes to exercise a power\nunder this Act or exercises, has exercised or proposes to\nexercise a power under this Act in a particular way; or\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\nWork Health and Safety (National Uniform Legislation) Act 2011 66\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\ngiven or proposes to give any information to any person\nexercising a power or performing a function under this Act; or\n(h) raises or has raised or proposes to raise an issue or concern\nabout work 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\nrelation to 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(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, encouraging,","content":"107 Prohibition of requesting, instructing, inducing, encouraging,\nauthorising or assisting discriminatory conduct\n(1) A person commits an offence if:\n(a) the person intentionally requests, instructs, induces,\nencourages, authorises or assist another person to engage in\nconduct; and\n(b) the conduct is discriminatory conduct; and\n\nWork Health and Safety (National Uniform Legislation) Act 2011 67\n(c) engaging in the conduct contravenes, or would contravene,\nsection 104.\n(2) Section 12B does not apply to the physical element referred to in\nsubsection (1)(a).\nNote for section 107\nCivil proceedings may be brought under Division 3 of this Part if a person\nrequested, instructed, induced, encouraged, authorised or assisted another\nperson to engage in discriminatory conduct for a prohibited reason.\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\nthe other person, or a third person:\n(a) to exercise or not to exercise a power, or to propose to\nexercise or not to exercise a power, under this Act; or\n(b) to perform or not to perform a function, or to propose to\nperform or not to perform a function, under this Act; or\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\nunder this Act.\nCivil proceedings may be brought under Division 3 of this Part in relation to a\ncontravention of this section.\n\nWork Health and Safety (National Uniform Legislation) Act 2011 68\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\nparticular action or threatening not to take a particular action in\nrelation to that person.\n(3) To avoid doubt, a reasonable direction given by an emergency\nservices worker in an emergency is not an action with intent to\ncoerce or induce a person.\nemergency services worker means:\n(a) a police officer; or\n(b) a member, as defined in section 3(1) of the Fire and\nEmergency Act 1996; or\n(c) a person of a prescribed class.\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\nmisleading representation to another person about that other\nperson's:\n(a) rights or obligations under this Act; or\n(b) ability to initiate, or participate in, a process or proceedings\nunder this Act; or\n(c) ability to make a complaint or inquiry to a person or body\nempowered under this Act to seek compliance with this Act.\n(2) Subsection (1) does not apply if the person to whom the\nrepresentation is made would not be expected to rely on it.\n\nDivision 3 Civil proceedings in relation to discriminatory or coercive conduct\nWork Health and Safety (National Uniform Legislation) Act 2011 69\nDivision 2 Criminal proceedings in relation to discriminatory\n110 Proof of discriminatory conduct\n(1) This section applies if in proceedings for an offence of contravening\nsection 104 or 107, 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)\nexisted at the time the discriminatory conduct was engaged in.\n(2) If it is alleged that the discriminatory conduct was engaged in for a\nprohibited reason, that reason is presumed to be the dominant\nreason for that conduct unless the accused proves, on the balance\nof probabilities, that the reason was not the dominant reason for the\nconduct.\n(3) To avoid doubt, the burden of proof on the accused under\nsubsection (2) is a legal burden of proof.\n","sortOrder":124},{"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 under\nsection 104 or 107, the court may (in addition to imposing a\npenalty) make either or both of the following orders:\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\nprospective employee, an order that:\n(i) the person 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 person be employed in the position for which he or\nshe had applied or a similar position.\nDivision 3 Civil proceedings in relation to discriminatory or\ncoercive conduct\n","sortOrder":125},{"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 the Work Health Court for an order\n\nDivision 3 Civil proceedings in relation to discriminatory or coercive conduct\nWork Health and Safety (National Uniform Legislation) Act 2011 70\n(2) The court may make one or more of the orders set out in\nsubsection (3) in relation to a person who has:\n(a) engaged in discriminatory conduct for a prohibited reason; or\n(b) requested, instructed, induced, encouraged, authorised or\nassisted another person to engage in discriminatory conduct\nfor a prohibited reason; or\n(c) contravened section 108.\n(3) For the purposes of subsection (2), the orders that the court may\nmake are:\n(a) an injunction; or\n(b) in the case of conduct referred to in subsection (2)(a) or (b),\nan order that the person pay (within a specified period) the\ncompensation to the person who was the subject of the\ndiscriminatory conduct that the court considers appropriate; or\n(c) in the case of conduct referred to in subsection (2)(a) in\nrelation to a worker who was or is an employee or prospective\nemployee, an 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 was a substantial reason for the\nconduct.\n(5) Nothing in this section is to be construed as limiting any other\npower of the court.\n(6) For the purposes of this section, each of the following is an eligible\n(a) a person affected by the contravention;\n(b) a person authorised as a representative by a person referred\nto in paragraph (a).\n\nWork Health and Safety (National Uniform Legislation) Act 2011 71\n","sortOrder":126},{"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\nought to have known that the cause of action accrued.\n(2) In a proceeding under section 112 in relation to conduct referred to\nin section 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\nbalance of probabilities, that the reason was not a substantial\nreason for the conduct.\n(3) It is a defence to a proceeding under section 112 in relation to\nconduct referred to in section 112(2)(a) or (b) if the defendant\nproves 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","sortOrder":127},{"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 in\nrelation to conduct referred to in section 112(2)(a) or (b) does not\nprevent the bringing of a proceeding for an offence under\nsection 104 or 107 in relation to the same conduct.\n(2) If the Work Health Court makes an order under section 112 in a\nproceeding in relation to conduct referred to in section 112(2)(a) or\n(b), the court cannot make an order under section 111 in a\nproceeding for an offence under section 104 or 107 in relation to\nthe same conduct.\n(3) If the court makes an order under section 111 in a proceeding for\nan offence under section 104 or 107, the court cannot make an\norder under section 112 in a proceeding in relation to conduct\nreferred to in section 112(2)(a) or (b) that is the same conduct.\n\nWork Health and Safety (National Uniform Legislation) Act 2011 72\n","sortOrder":128},{"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 3 of this Part if the\nperson has commenced a proceeding or made an application\nor complaint 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 3 of this Part if the\nperson has received compensation for the matter under a law\nof the Commonwealth or a State; or\n(c) commence or continue an application under Division 3 of this\nPart if the person has failed in a proceeding, application or\ncomplaint in relation to the same matter under a law of the\nCommonwealth or a State, other than a proceeding,\napplication or complaint relating to workers' compensation.\nNote for Part 7\nPart 13, Division 7 sets out the procedure in relation to the bringing of\nproceedings in relation to WHS civil penalty provisions.\n","sortOrder":129},{"sectionNumber":"116","sectionType":"section","heading":"Definitions","content":"116 Definitions\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\nthe WHS entry permit holder is exercising or proposes to exercise\nthe right 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\nunion; and\n\nWork Health and Safety (National Uniform Legislation) Act 2011 73\n(b) whose industrial interests the relevant union is entitled to\nrepresent; and\n(c) who works at that workplace.\n","sortOrder":130},{"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":131},{"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 permit\nholder may do all or any of the following in relation to the suspected\ncontravention 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\nundertaking to allow the WHS entry permit holder to inspect,\nand make copies of, any document that is directly relevant to\nthe suspected contravention and that:\n(i) is kept at the workplace; or\n(ii) is accessible from a computer that is kept at the\n(e) warn any person whom the WHS entry permit holder\nreasonably believes to be exposed to a serious risk to his or\nher health or safety emanating from an immediate or imminent\nexposure to a hazard, of that risk.\n\nWork Health and Safety (National Uniform Legislation) Act 2011 74\n(2) However, the relevant person conducting the business or\nundertaking is not required under subsection (1)(d) to allow the\nWHS entry permit holder to inspect or make copies of a document if\nto do so would contravene a law of the Commonwealth or a law of a\nState.\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\nshow a reasonable excuse.\nNotes for section 118\n1 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 section 120.\n2 The use or disclosure of personal information obtained under this section\nis regulated under the Privacy Act 1988 (Cth).\n","sortOrder":132},{"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\npracticable after entering a workplace under this Division, give\nnotice of the entry and the suspected contravention, in accordance\nwith the Regulations, 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\nWork Health and Safety (National Uniform Legislation) Act 2011 75\n","sortOrder":133},{"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 to enter a workplace to inquire into a suspected\ncontravention of this Act.\n(2) For the purposes of the inquiry into the suspected contravention,\nthe WHS entry permit holder may enter any workplace for the\npurpose of 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(3) Before doing so, the WHS entry permit holder must give notice of\nthe proposed entry to the person from whom the documents are\nrequested and the relevant person conducting a business or\n(4) The notice must comply with the Regulations.\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 for section 120\nThe use or disclosure of personal information obtained under this section is\nregulated under the Privacy Act 1988 (Cth).\n","sortOrder":134},{"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, one or more relevant workers who wish to participate in\nthe discussions.\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\nhealth or safety, emanating from an immediate or imminent\nexposure to a hazard, of that risk.\n\nWork Health and Safety (National Uniform Legislation) Act 2011 76\n","sortOrder":135},{"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 Regulations.\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","sortOrder":136},{"sectionNumber":"123","sectionType":"section","heading":"Contravening WHS entry permit conditions","content":"123 Contravening WHS entry permit conditions\nA WHS entry permit holder must not contravene a condition\nimposed on the WHS entry permit.\n","sortOrder":137},{"sectionNumber":"124","sectionType":"section","heading":"WHS entry permit holder must also hold permit under other","content":"124 WHS entry permit holder must also hold permit under other\nlaw\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":138},{"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 2 or 3 of this Part,\nhave his or her WHS entry permit and photographic identification\navailable for inspection by any person on request.\n\nWork Health and Safety (National Uniform Legislation) Act 2011 77\n","sortOrder":139},{"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 2\nor 3 of this Part only during the usual working hours at the\n","sortOrder":140},{"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":141},{"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 2 or 3 of this Part unless he or she\ncomplies with any reasonable request by the relevant person\nconducting 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\n(b) any other legislated requirement that applies to that type of\n","sortOrder":142},{"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\nWork Health and Safety (National Uniform Legislation) Act 2011 78\n","sortOrder":143},{"sectionNumber":"130","sectionType":"section","heading":"WHS entry permit holder not required to disclose names of","content":"130 WHS entry permit holder not required to disclose names of\nworkers\n(1) A WHS entry permit holder is not required to disclose to the\nrelevant person conducting a business or undertaking or the person\nwith management or control of the workplace the name of any\nworker at the 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\nmay only do so with the consent of the worker.\n","sortOrder":144},{"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\nentry permit and include a statutory declaration by that person\ndeclaring that he or she:\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":145},{"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":146},{"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\nWork Health and Safety (National Uniform Legislation) Act 2011 79\n","sortOrder":147},{"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 and is\nsatisfied about the matters in section 133.\n","sortOrder":148},{"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":149},{"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","sortOrder":150},{"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\nof the 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\nentry permit holder under the Fair Work Act;\n(c) when the permit holder ceases to be an official of the union\nthat applied for the permit;\n(d) the union that applied for the permit ceases to be an\norganisation that is registered, or taken to be registered, under\nthe Fair Work (Registered Organisations) Act 2009 (Cth).\n(2) An application may be made for the issue of a subsequent WHS\nentry permit before or after the current WHS entry permit expires.\n","sortOrder":151},{"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 permit\nholder has exercised or purported to exercise a right under\nthis Part;\n(c) any other person affected by the exercise or purported\nexercise of a right under this Part by a WHS entry permit\nholder.\n\nWork Health and Safety (National Uniform Legislation) Act 2011 80\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 a WHS entry permit or an entry permit under a\ncorresponding WHS law, or the Fair Work Act or the\nWorkplace Relations Act 1996 (Cth); 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\na person conducting the business or undertaking or workers at\na workplace.\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","sortOrder":152},{"sectionNumber":"139","sectionType":"section","heading":"Regulator must permit WHS entry permit holder to show cause","content":"139 Regulator must permit WHS entry permit holder to show cause\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\nunder section 138(2), the regulator must:\n(a) give the WHS entry permit holder written notice (a show\ncause notice); 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 permit\nholder may, not later than 21 days after the day the WHS\nentry permit holder is given the notice, give the regulator\nwritten reasons explaining why the WHS entry permit should\nnot be revoked; and\n(b) be accompanied by a summary of the reasons for the\napplication; and\n\nWork Health and Safety (National Uniform Legislation) Act 2011 81\n(c) if applicable, be accompanied by a notice of suspension of the\npermit.\n","sortOrder":153},{"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), it may make one or more of the\nfollowing 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(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\nconsiders appropriate.\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\nto the object of this Act; and\n(b) any other matters the regulator considers relevant.\n","sortOrder":154},{"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\nWHS entry permit holder of a right of entry under this Act, any party\nto the dispute may ask the regulator to appoint an inspector to\nattend the workplace to assist in resolving the dispute.\n","sortOrder":155},{"sectionNumber":"142","sectionType":"section","heading":"Regulator may deal with a dispute about a right of entry under","content":"142 Regulator may deal with a dispute about a right of entry under\nthis Act\n(1) The regulator may deal with a dispute about the exercise or\npurported exercise by a WHS entry permit holder of a right of entry\nunder this Act (including a dispute about whether a request under\nsection 128 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\nWork Health and Safety (National Uniform Legislation) Act 2011 82\n(3) If the regulator deals with the dispute by arbitration, it may make\none or more 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(c) an order revoking a WHS entry permit;\n(d) an order about the future issue of WHS entry permits to one 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\nundertaking;\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 permit\nholder.\n(5) In dealing with a dispute, the regulator must not confer any rights\non the WHS entry permit holder that are additional to, or\ninconsistent with, rights exercisable by the WHS entry permit holder\nunder this Part.\n","sortOrder":156},{"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\nWork Health and Safety (National Uniform Legislation) Act 2011 83\n","sortOrder":157},{"sectionNumber":"144","sectionType":"section","heading":"Person must not refuse or delay entry of WHS entry permit","content":"144 Person must not refuse or delay entry of WHS entry permit\nholder\n(1) A person must not, without reasonable excuse, refuse or unduly\ndelay entry into a workplace by a WHS entry permit holder who is\nentitled to enter the workplace under this Part.\n","sortOrder":158},{"sectionNumber":"145","sectionType":"section","heading":"Person must not hinder or obstruct WHS entry permit holder","content":"145 Person must not hinder or obstruct WHS entry permit 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":159},{"sectionNumber":"146","sectionType":"section","heading":"WHS entry permit holder must not delay, hinder or obstruct","content":"146 WHS entry permit holder must not delay, hinder or obstruct\nany 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\nunreasonably delay, hinder or obstruct any person or disrupt any\nwork at a workplace, or otherwise act in an improper manner.\n\nWork Health and Safety (National Uniform Legislation) Act 2011 84\n","sortOrder":160},{"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\nthat the doing of the thing is authorised.\n","sortOrder":161},{"sectionNumber":"148","sectionType":"section","heading":"Unauthorised use or disclosure of information or documents","content":"148 Unauthorised use or disclosure of information or documents\nA person must not use or disclose information or a document\nobtained under Division 2 of this Part in an inquiry into a suspected\ncontravention for a purpose that is not related to the inquiry or\nrectifying the suspected contravention, unless:\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\nbeen, is being or may be engaged in, and uses or discloses\nthe information or document as a necessary part of an\ninvestigation of the matter or in reporting concerns to relevant\npersons or authorities; or\n(c) the use or disclosure is required or authorised by or under law;\nor\n\nWork Health and Safety (National Uniform Legislation) Act 2011 85\n(d) the person reasonably believes that the use or disclosure is\nreasonably necessary for one or more of the following by, or\non behalf of, an enforcement body (within the meaning of the\nPrivacy Act 1988 (Cth)):\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\nprescribed law;\n(ii) the enforcement of laws relating to the confiscation of\nthe proceeds 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, proceedings before\nany court or tribunal, or implementation of the orders of a\ncourt or 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":162},{"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(b) the permit expires.\nMaximum penalty: $2 000.\n\nWork Health and Safety (National Uniform Legislation) Act 2011 86\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\nit was issued if:\n(a) the person, or the person's union, applies to the regulator for\nthe return of the permit; and\n(b) the permit has not expired.\n","sortOrder":163},{"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 (Cth) (no matter when in force)\ncancelled or suspended; or\n(c) the union ceases to be an organisation that is registered, or\ntaken to be registered, under the Fair Work (Registered\nOrganisations) Act 2009 (Cth).\n","sortOrder":164},{"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","sortOrder":165},{"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\nreport on the operation and effectiveness of this Act;\n\nWork Health and Safety (National Uniform Legislation) Act 2011 87\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 duty\nholders 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\ninformation to achieve the object of this Act, including the\nsharing of information with a corresponding regulator;\n(h) to conduct and defend proceedings under this Act before a\ncourt or tribunal;\n(i) any other function conferred on the regulator under this or any\nother Act.\n","sortOrder":166},{"sectionNumber":"153","sectionType":"section","heading":"Powers of regulator","content":"153 Powers of regulator\n(1) Subject to this Act, the regulator has the power to do all things\nnecessary or convenient to be done for or in connection with the\nperformance of its functions.\n(2) Without limiting subsection (1), the regulator has all the powers and\nfunctions that an inspector has under this Act.\n","sortOrder":167},{"sectionNumber":"154","sectionType":"section","heading":"Delegation by regulator","content":"154 Delegation by regulator\nThe regulator may delegate any of its powers and functions under\nthis Act to a person.\n","sortOrder":168},{"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\nbelieve that a person is capable of giving information, providing\ndocuments or giving evidence in relation to a possible contravention\nof this Act or that will assist the regulator to monitor or enforce\ncompliance with this Act.\n\nWork Health and Safety (National Uniform Legislation) Act 2011 88\n(2) The regulator may, by written notice served on the person, require\nthe person to do one 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\nthe notice, that information of which the person has\nknowledge;\n(b) to produce to the regulator, in accordance with the notice,\nthose documents;\n(c) to appear before a person appointed by the regulator on a\nday, and at a time and place, specified in the notice (being a\nday, time and place that are reasonable in the circumstances)\nand give either orally or in writing that evidence and produce\nthose documents.\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 a failure to comply with a\nrequirement is an offence; and\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 sections 172 and\n269; and\n(ii) state that the person may attend with a legal practitioner.\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 subsections (2)(a) and (b) and has been unable\nto do so.\n(5) A person must not, without reasonable excuse, refuse or fail to\ncomply with a requirement under this section.\n\nWork Health and Safety (National Uniform Legislation) Act 2011 89\n(6) Subsection (5) places an evidential burden on the accused to show\n(7) Section 172 (with any necessary changes) applies to a requirement\n","sortOrder":169},{"sectionNumber":"156","sectionType":"section","heading":"Appointment of inspectors","content":"156 Appointment of inspectors\nThe regulator may, by instrument, appoint any of the following as\nan inspector:\n(a) a public sector employee;\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\ncorresponding WHS law;\n(e) a person in a prescribed class of persons.\n","sortOrder":170},{"sectionNumber":"157","sectionType":"section","heading":"Identity cards","content":"157 Identity cards\n(1) The regulator must give each inspector an identity card that states\nthe person's name and appointment as an inspector and includes\nany other matter prescribed by the Regulations.\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\nan inspector, the person must return the identity card to the\nregulator as soon as practicable.\n","sortOrder":171},{"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 the regulator becomes aware that\nthe inspector has a potential conflict of interest in relation to a\n\nWork Health and Safety (National Uniform Legislation) Act 2011 90\nmatter and the regulator considers that the inspector should not\ndeal, or should no longer deal, with the matter.\n","sortOrder":172},{"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\nceases to be eligible for appointment as an inspector.\n","sortOrder":173},{"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\nto a health and safety representative; and\n(iii) issues related to the exercise or purported exercise of a\nright of entry under Part 7;\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) if permitted under section 40(3) of the Coroners Act 1993, to\nattend coronial inquests in relation to work-related deaths and\nexamine witnesses;\n(g) to monitor compliance with this Act.\n","sortOrder":174},{"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\nWork Health and Safety (National Uniform Legislation) Act 2011 91\n","sortOrder":175},{"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\nof the 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":176},{"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\ninspector reasonably 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\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\nsearch warrant.\nNote for section 163\nAn inspector may enter residential premises to gain access to a workplace – see\nsection 170(c).\n","sortOrder":177},{"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\nnotice to 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\nthe workplace;\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\nWork Health and Safety (National Uniform Legislation) Act 2011 92\n(3) However, an inspector is not required to notify any person if to do\nso would defeat the purpose for which the place was entered or\ncause unreasonable delay.\nrelevant person conducting a business or undertaking means\nthe person conducting any business or undertaking in relation to\nwhich the inspector is exercising the powers of entry.\n","sortOrder":178},{"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 all\nor any of the following:\n(a) inspect, examine and make inquiries at the workplace;\n(b) inspect and examine anything (including a document) at the\n(c) bring to the workplace and use any equipment or materials\nthat may 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\nthing without 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\nreasonably necessary to be exercised by the inspector for the\npurposes of this Act.\n(2) A person required to give reasonable help under subsection (1)(f)\nmust not, without reasonable excuse, refuse or fail to comply with\nthe requirement.\n\nWork Health and Safety (National Uniform Legislation) Act 2011 93\n(3) Subsection (2) places an evidential burden on the accused to show\n","sortOrder":179},{"sectionNumber":"166","sectionType":"section","heading":"Persons assisting inspectors","content":"166 Persons assisting inspectors\n(1) A person (the assistant), including an interpreter, may accompany\nthe inspector entering a workplace under section 163 to assist the\ninspector if the inspector considers the assistance is necessary.\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\nexercise compliance powers; but\n(b) must not do anything that the inspector does not have power\nto do, 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.\n","sortOrder":180},{"sectionNumber":"167","sectionType":"section","heading":"Search warrants","content":"167 Search warrants\n(1) An inspector may apply to a Local Court Judge for a search warrant\nfor a place.\n(2) The application must be made on oath and state the grounds on\nwhich the warrant is sought.\n(3) The Judge may refuse to consider the application until the inspector\ngives the Judge all the information the Judge requires about the\napplication in the way the Judge requires.\nExample for subsection (3)\nThe Judge may require additional information supporting the application to be\ngiven by statutory declaration.\n(4) The Judge may issue a search warrant only if the Judge is satisfied\nthere 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\nplace.\n\nWork Health and Safety (National Uniform Legislation) Act 2011 94\n(5) The search warrant must state:\n(a) that a stated inspector may, with necessary and reasonable\nhelp and force, enter the place and exercise the inspector's\ncompliance powers; and\n(b) the offence for which the search warrant is sought; and\n(c) the evidence that may be seized under the search warrant;\nand\n(d) the hours of the day or night when the place may be entered;\nand\n(e) the date, within 7 days after the search warrant's issue, the\nsearch warrant ends.\n","sortOrder":181},{"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\nwarrant or an assistant to the inspector must:\n(a) announce that he or she is authorised by the warrant to enter\nthe place; and\n(b) give any person at the place an opportunity to allow that entry.\n(2) However, the inspector or an assistant to the inspector is not\nrequired to comply with subsection (1) if he or she believes on\nreasonable grounds that immediate entry to the place is needed to\nensure:\n(a) the safety of any person; or\n(b) that the effective execution of the warrant is not frustrated.\n","sortOrder":182},{"sectionNumber":"169","sectionType":"section","heading":"Copy of warrant to be given to person with management or","content":"169 Copy of warrant to be given to person with management or\ncontrol 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\nexecuted, the inspector must:\n(a) identify himself or herself to that person by producing his or\nher identity card for inspection; and\n(b) give that person a copy of the execution copy of the warrant.\n\nWork Health and Safety (National Uniform Legislation) Act 2011 95\n","sortOrder":183},{"sectionNumber":"Subdiv 3","sectionType":"subdivision","heading":"Limitation on entry powers","content":"Subdivision 3 Limitation on entry powers\n","sortOrder":184},{"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 any part of a place that is used only for residential\npurposes except:\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\nworkplace, but 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\nthe inspector believes work is being carried out at the\nplace to which access is sought.\n","sortOrder":185},{"sectionNumber":"171","sectionType":"section","heading":"Power to require production of documents and answers to","content":"171 Power to require production of documents and answers to\nquestions\n(1) An inspector who enters a workplace under this Division may:\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\ndocument to produce that document to the inspector while the\ninspector is at that workplace or within a specified period; 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(3) An interview conducted by an inspector under subsection (1)(c)\nmust be conducted in private if:\n(a) the inspector considers it appropriate; or\n\nWork Health and Safety (National Uniform Legislation) Act 2011 96\n(b) the person being interviewed so requests.\n(4) Subsection (3) does not limit the operation of section 166 or prevent\na representative of the person being interviewed from being present\nat the interview.\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\ninterview.\n(6) A person must not, without reasonable excuse, refuse or fail to\ncomply with a requirement under this section.\nNote for subsection (6)\n(7) Subsection (6) places an evidential burden on the accused to show\nNote for section 171\nSee sections 172 and 173 in relation to self-incrimination and section 269 in\nrelation to legal professional privilege.\n","sortOrder":186},{"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, the answer to a question or information or a document\nprovided by an individual is not admissible as evidence against that\nindividual in civil or criminal proceedings other than proceedings\narising out of the false or misleading nature of the answer,\ninformation or document.\n\nWork Health and Safety (National Uniform Legislation) Act 2011 97\n","sortOrder":187},{"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\ninformation or a document under this Part, 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 failure to comply with the requirement or\nto answer the question, without reasonable excuse, would\nconstitute an offence; and\n(c) warn the person about the effect of section 172; and\n(d) advise the person about the effect of section 269.\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,\ninformation or document might tend to incriminate him or her,\nunless he or she was first given the warning in subsection (1)(c).\n(3) Nothing in this section prevents an inspector from obtaining and\nusing evidence given to the inspector voluntarily by any person.\n","sortOrder":188},{"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\nmust permit 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\nWork Health and Safety (National Uniform Legislation) Act 2011 98\n","sortOrder":189},{"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 may seize\nanything (including a document) at the place if the inspector\nreasonably believes the thing is evidence of an offence against this\nAct.\n(2) An inspector who enters a place with a search warrant may seize\nthe evidence for which the warrant was issued.\n(3) An inspector may also seize anything else at the place if the\ninspector reasonably 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":190},{"sectionNumber":"176","sectionType":"section","heading":"Inspector's power to seize dangerous workplaces and things","content":"176 Inspector's power to seize dangerous workplaces and things\n(1) This section applies if an inspector who enters a workplace under\nthis Part 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\nor illness or a dangerous incident to occur.\n(2) The inspector may seize the workplace or part, the plant, the\nsubstance or the structure.\n","sortOrder":191},{"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\nof seizure); or\n(b) leave the thing at the place of seizure but take reasonable\naction to restrict access to it; or\n\nWork Health and Safety (National Uniform Legislation) Act 2011 99\n(c) if the thing is plant or a structure, dismantle or cause to be\ndismantled the plant or structure.\nExamples for subsection (1)(b)\n1 Sealing a thing and marking it to show access to it is restricted.\n2 Sealing the entrance to a room where the seized thing is situated and\nmarking it to show access 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\nin control of it:\n(a) to take it to a stated reasonable place by a stated reasonable\ntime; and\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(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\nWork Health and Safety (National Uniform Legislation) Act 2011 100\nNote for subsection (6)\n(7) Subsection (6) places an evidential burden on the accused to show\n","sortOrder":192},{"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\ninspector must give a receipt for it to the person from whom it was\nseized.\n(2) However, if for any reason it is not practicable to comply with\nsubsection (1), the inspector must leave the receipt in a\nconspicuous position and in a reasonably secure way at the place\nof 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\nthe thing's nature, condition and value).\n","sortOrder":193},{"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(c) reasonably believes it is necessary to forfeit the thing to\nprevent it 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\nentitled to 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\ndecision by written notice.\n\nWork Health and Safety (National Uniform Legislation) Act 2011 101\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\nperson applies 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\nabout a thing, regard must be had to the thing's nature, condition\nand value.\n(8) Any costs reasonably incurred by the Territory in storing or\ndisposing of a thing forfeited under subsection (1)(c) may be\nrecovered in a court of competent jurisdiction as a debt due to the\nTerritory from that person.\n(9) In this section:\nperson entitled to a thing means the person from whom it was\nseized unless that person is not entitled to possess it, in which case\nit means the owner of the thing.\n","sortOrder":194},{"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\nthing may apply to the regulator for the return of the thing after the\nend of 6 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\nretain the thing.\n(3) The regulator may impose any conditions on the return of the thing\nunder this section that the regulator considers appropriate to\neliminate or minimise any risk to work health or safety related to the\nthing.\n\nWork Health and Safety (National Uniform Legislation) Act 2011 102\nperson entitled to a thing means the person entitled to possess\nthe thing or the owner of the thing.\n","sortOrder":195},{"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\npermit the following persons to inspect it and, if it is a document, to\nmake copies 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)\nor (b).\n(2) Subsection (1) does not apply if it is impracticable or would be\nunreasonable to allow inspection or copying.\n","sortOrder":196},{"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\ninspector, and any assistant to the inspector, cause as little\ninconvenience, detriment and damage as is practicable.\n","sortOrder":197},{"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\nthe damage to the person who the inspector believes on\nreasonable grounds, is the person in control of the thing.\n(3) If the inspector believes the damage was caused by a latent defect\nin the 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\na reasonably secure way where the damage happened.\n(5) This section does not apply to damage the inspector reasonably\nbelieves is trivial.\n\nWork Health and Safety (National Uniform Legislation) Act 2011 103\n","sortOrder":198},{"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\nexercise of a power under Division 3 of this Part.\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) The Regulations may prescribe matters that may, or must, be taken\ninto account by the court when considering whether it is just to\nmake the order.\n","sortOrder":199},{"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\nand residential address if:\n(a) the inspector finds the person committing an offence against\nthis Act; or\n(b) the inspector finds the person in circumstances that lead, or\nhas information that leads, the inspector to reasonably\nsuspect the person has committed an offence against this Act;\nor\n(c) the inspector reasonably believes that the person may be able\nto assist in the investigation of an offence against this Act.\n(2) When asking a person to provide his or her name and residential\naddress, the inspector must:\n(a) tell the person the reason for the requirement to provide his or\nher name and residential address; and\n(b) warn the person that it is an offence to fail to state that name\nand residential address, unless the person has a reasonable\nexcuse.\n\nWork Health and Safety (National Uniform Legislation) Act 2011 104\n(3) If the inspector reasonably believes that the name or residential\naddress is false, the inspector may require the person to give\nevidence of its correctness.\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\n","sortOrder":200},{"sectionNumber":"186","sectionType":"section","heading":"Inspector may witness affidavits","content":"186 Inspector may witness affidavits\nAn inspector is authorised to witness an affidavit for any purpose\nrelating or incidental to the exercise of his or her compliance\npowers.\n","sortOrder":201},{"sectionNumber":"187","sectionType":"section","heading":"Attendance of inspector at coronial inquests","content":"187 Attendance of inspector at coronial inquests\nIf permitted under section 40(3) of the Coroners Act 1993, an\ninspector may attend, and examine witnesses at, any inquest into\nthe cause of death of a worker while carrying out work.\n","sortOrder":202},{"sectionNumber":"188","sectionType":"section","heading":"Offence to hinder or obstruct inspector","content":"188 Offence to hinder or obstruct inspector\n(1) A 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","sortOrder":203},{"sectionNumber":"189","sectionType":"section","heading":"Offence to impersonate inspector","content":"189 Offence to impersonate inspector\n(1) A person who is not an inspector must not, in any way, recklessly\nhold himself or herself out to be an inspector.\n\nWork Health and Safety (National Uniform Legislation) Act 2011 105\n","sortOrder":204},{"sectionNumber":"190","sectionType":"section","heading":"Offence to assault, threaten or intimidate inspector","content":"190 Offence to assault, threaten or intimidate inspector\n(1) A 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, or attempt to assault,\nthreaten or intimidate, another person; and\n(c) the other person is an inspector or a person assisting an\ninspector.\n(a) in the case of an individual – $50 000 or imprisonment for\n2 years or both; or\n","sortOrder":205},{"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\nlikely that the contravention will continue or be repeated.\n(2) The inspector may issue an improvement notice requiring the\nperson 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\nWork Health and Safety (National Uniform Legislation) Act 2011 106\n","sortOrder":206},{"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\nit likely that the contravention will continue or be\nrepeated; and\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\nlikely contravention, or the matters or activities causing the\ncontravention or 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":207},{"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.\nNote for section 193\n","sortOrder":208},{"sectionNumber":"194","sectionType":"section","heading":"Extension of time for compliance with improvement notices","content":"194 Extension of time for compliance with improvement notices\n(1) This section applies if a person has been issued with an\nimprovement notice.\n(2) An inspector may, by written notice given to the person, extend the\ncompliance period for the improvement notice.\n\nWork Health and Safety (National Uniform Legislation) Act 2011 107\n(3) However, the inspector may extend the compliance period only if\nthe period has not ended.\ncompliance period means the period stated in the improvement\nnotice under section 192, and includes that period as extended\n","sortOrder":209},{"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\nhazard; or\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\nhazard.\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 on\nof 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\nremedied.\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":210},{"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(c) the provision of this Act that the inspector believes is being, or\nis likely to be, contravened by that activity.\n\nWork Health and Safety (National Uniform Legislation) Act 2011 108\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 specifying\none or more 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":211},{"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) or a\nprohibition notice is issued must comply with the direction or notice.\nNote for section 197\n","sortOrder":212},{"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\nor her compliance powers.\n","sortOrder":213},{"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\nperiod that is reasonable in the circumstances.\n\nWork Health and Safety (National Uniform Legislation) Act 2011 109\n(2) A non-disturbance notice must specify the period (of no 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\ndisturbance of a site; and\n(c) the penalty for contravening the notice.\n(3) In subsection (1) a reference to a site includes any plant,\nsubstance, structure 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","sortOrder":214},{"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","sortOrder":215},{"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\none or more subsequent non-disturbance notices to a person,\nwhether before or after the expiry of the previous notice, each of\nwhich must comply with section 199.\n\nWork Health and Safety (National Uniform Legislation) Act 2011 110\n","sortOrder":216},{"sectionNumber":"202","sectionType":"section","heading":"Application of Division","content":"202 Application of Division\nnotice means improvement notice, prohibition notice or\nnon-disturbance notice.\n","sortOrder":217},{"sectionNumber":"203","sectionType":"section","heading":"Notice to be in writing","content":"203 Notice to be in writing\nA notice must be in writing.\n","sortOrder":218},{"sectionNumber":"204","sectionType":"section","heading":"Directions in notices","content":"204 Directions in notices\nA direction included in an improvement notice or prohibition notice\nmay:\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":219},{"sectionNumber":"205","sectionType":"section","heading":"Recommendations in notice","content":"205 Recommendations in notice\n(1) An improvement notice or prohibition notice may include\nrecommendations.\n(2) It is not an offence to fail to comply with recommendations in a\nnotice.\n","sortOrder":220},{"sectionNumber":"206","sectionType":"section","heading":"Changes to notice by inspector","content":"206 Changes to notice by inspector\n(1) An inspector may make minor changes to a 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(2) An inspector may also, in accordance with section 194, extend the\ncompliance period for an improvement notice.\n","sortOrder":221},{"sectionNumber":"207","sectionType":"section","heading":"Regulator may vary or cancel notice","content":"207 Regulator may vary or cancel notice\nExcept as provided in section 206, a notice issued by an inspector\nmay only be varied or cancelled by the regulator.\n\nWork Health and Safety (National Uniform Legislation) Act 2011 111\n","sortOrder":222},{"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\nnotice is issued if the notice sufficiently identifies the person\nand is issued or given to the person in accordance with\nsection 209.\n","sortOrder":223},{"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\nor facsimile or electronic transmission to the person's usual or\nlast known place 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\nbe over 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\nnotice relates with a person who is or appears to be the\nperson with management or control of the workplace; or\n(d) in a prescribed manner.\n(2) The Regulations 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\nbring it to the attention of other persons.\n","sortOrder":224},{"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,\ndisplay a copy of the notice in a prominent place at or near the\nworkplace, or part of the workplace, at which work is being carried\nout that is affected by the notice.\n\nWork Health and Safety (National Uniform Legislation) Act 2011 112\n(2) A person must not intentionally remove, destroy, damage or deface\na notice displayed under subsection (1) while the notice is in force.\n(3) Section 12B does not apply to an offence against subsection (2).\n","sortOrder":225},{"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 is\nissued fails to take reasonable steps to comply 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 was\nissued 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","sortOrder":226},{"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 can be issued\nexist; and\n(b) a prohibition notice cannot be issued at a workplace because,\nafter taking reasonable steps, the person with management or\ncontrol of the workplace cannot be found.\n(2) The regulator may take any remedial action necessary to make the\nworkplace safe.\n\nWork Health and Safety (National Uniform Legislation) Act 2011 113\n","sortOrder":227},{"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\naction taken under:\n(a) section 211 from the person to whom the notice is issued; or\n(b) section 212 from any person to whom the prohibition notice\ncould have been issued in relation to the matter;\nas a debt due to the regulator.\n","sortOrder":228},{"sectionNumber":"Div 6","sectionType":"division","heading":"Injunctions","content":"Division 6 Injunctions\n","sortOrder":229},{"sectionNumber":"214","sectionType":"section","heading":"Application of Division","content":"214 Application of Division\nnotice means improvement notice, prohibition notice or\nnon-disturbance notice.\n","sortOrder":230},{"sectionNumber":"215","sectionType":"section","heading":"Injunctions for noncompliance with notices","content":"215 Injunctions for noncompliance with notices\n(1) The regulator may apply to Work Health 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 proceedings have 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","sortOrder":231},{"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 (a WHS\nundertaking) given by a person in connection with a matter relating\nto a contravention or alleged contravention by the person of this\nAct.\nSection 230(3) requires the regulator to publish guidelines in relation to the\nacceptance of WHS undertakings.\n\nWork Health and Safety (National Uniform Legislation) Act 2011 114\n(2) A WHS undertaking cannot be accepted for a contravention or\nalleged contravention that is a Category 1 offence.\nSection 34C(b) prevents a WHS undertaking from being accepted in respect of\nindustrial manslaughter.\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":232},{"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 the person seeking to make a WHS\nundertaking written notice of the regulator's decision to accept or\nreject the WHS 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":233},{"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\nthe regulator's decision to accept the undertaking is given to the\nperson who made the undertaking or at any later date specified by\nthe regulator.\n","sortOrder":234},{"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.\nNote for section 219\n","sortOrder":235},{"sectionNumber":"220","sectionType":"section","heading":"Contravention of WHS undertaking","content":"220 Contravention of WHS undertaking\n(1) The regulator may apply to the Work Health Court for an order if a\nperson contravenes a WHS undertaking.\n\nWork Health and Safety (National Uniform Legislation) Act 2011 115\n(2) If the court is satisfied that the person who made the WHS\nundertaking has contravened the undertaking, the court, in addition\nto the imposition of any penalty, may make one 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 proceedings; 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 proceedings being brought for the\ncontravention or alleged contravention of this Act to which the WHS\nundertaking relates.\nSection 222 specifies circumstances affecting proceedings for a contravention for\nwhich a WHS undertaking has been given.\n","sortOrder":236},{"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":237},{"sectionNumber":"222","sectionType":"section","heading":"Proceeding for alleged contravention","content":"222 Proceeding for alleged contravention\n(1) Subject to this section, no proceedings for a contravention or\nalleged contravention of this Act may be brought against a person if\na WHS undertaking is in effect in relation to that contravention.\n\nWork Health and Safety (National Uniform Legislation) Act 2011 116\n(2) No proceedings may be brought for a contravention or alleged\ncontravention of this Act against a person who has made a WHS\nundertaking in relation to that 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 proceedings in\nrelation to that contravention have been finalised.\n(4) If the regulator accepts a WHS undertaking before the proceedings\nare finalised, the regulator must take all reasonable steps to have\nthe proceedings discontinued as soon as possible.\n","sortOrder":238},{"sectionNumber":"223","sectionType":"section","heading":"Which decisions are reviewable","content":"223 Which decisions are reviewable\n(1) The following table sets out:\n(a) decisions made under this Act that are reviewable in\naccordance with this Part (reviewable decisions); and\n(b) who is eligible to apply for review of a reviewable decision (the\neligible person).\n1 section 54(2)\n(decision following\nfailure to commence\nnegotiations)\n(1) A worker whose interests are affected\nby the decision or his or her representative\nappointed for the purpose of\nsection 52(1)(b).\n(3) A health and safety representative who\n2 section 72(6)\n(decision in relation to\ntraining of health and\nsafety representative)\n(1) A person conducting a business or\n(2) A health and safety representative whose\ninterests are affected by the decision.\n\nWork Health and Safety (National Uniform Legislation) Act 2011 117\n3 section 76(6)\n(decision relating to\nhealth and safety\ncommittee)\n(1) A worker whose interests are affected\n(3) A health and safety representative who\nrepresents a worker whose interests\nare affected by the decision.\n4 section 102\n(decision on review\nof provisional\nimprovement notice)\n(1) The person to whom the provisional\nimprovement notice was issued.\n(2) The health and safety representative who\nissued the provisional improvement notice.\n(5) A person conducting a business or\n4A section 134\n(decision to refuse to\nissue a WHS entry\npermit)\n(1) The relevant union.\n(2) The person for whom the entry permit is\nsought.\n4B section 140\n(decision to revoke,\nsuspend or take other\naction in relation to a\nWHS entry permit)\n(1) The relevant union.\n(2) The WHS entry permit holder.\n5 section 179\n(forfeiture of thing)\nThe person entitled to the thing.\n6 section 180\n(return of seized\nthings)\nThe person entitled to the thing.\n7 section 191\n(issue of improvement\n\nWork Health and Safety (National Uniform Legislation) Act 2011 118\n8 section 194\n(extension of time for\ncompliance with\nimprovement notice)\n9 section 195\n(issue of prohibition\nof the workplace, plant or substance.\n(6) A health and safety representative who\ngave a direction under section 85 to\ncease work, that is relevant to the\nprohibition notice.\n10 section 198\n(issue of a\nnon-disturbance\n\nWork Health and Safety (National Uniform Legislation) Act 2011 119\n11 section 201\n(issue of subsequent\n12 section 207\n(decision of regulator\nto vary or cancel\n(6) In the case of a prohibition notice, a health\nand safety representative whose direction\nunder section 85 to cease work gave rise\nto the notice.\n13 A prescribed provision\nof the Regulations\nA person prescribed by the Regulations as\neligible to apply for review of the reviewable\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; or\n(b) giving, suspending, revoking or refusing to give a direction,\napproval, consent or permission; or\n(c) issuing, suspending, revoking or refusing to issue an\nauthorisation; or\n(d) imposing a condition; or\n\nWork Health and Safety (National Uniform Legislation) Act 2011 120\n(e) making a declaration, demand or requirement; or\n(f) retaining, or refusing to deliver up, a thing; or\n(g) doing or refusing to do any other act or thing.\n(3) In this section:\nperson entitled to a thing means the person from whom it was\nseized unless that person is not entitled to possess it, in which case\nit means the owner of the thing.\nNote for section 223\nDecisions under the Regulations that will be reviewable decisions will be set out\nin the Regulations.\n","sortOrder":239},{"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\ndecision within:\n(a) the prescribed time after the day on which the decision first\ncame to the eligible person's notice; or\n(b) such longer period as the regulator allows.\n(2) The application must be made in the manner and form required by\nthe regulator.\n(3) For the purposes of this section, the prescribed time is:\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":240},{"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\nin relation to that decision.\n\nWork Health and Safety (National Uniform Legislation) Act 2011 121\n","sortOrder":241},{"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\nmake a decision as soon as is reasonably practicable and within\n14 days after 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(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 that time.\n(6) If the reviewable decision is not varied or set aside within the\n14 day period, the decision is taken to have been confirmed by the\ninternal reviewer.\n","sortOrder":242},{"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":243},{"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\nWork Health and Safety (National Uniform Legislation) Act 2011 122\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\nwithin 1 working day after the reviewer receives the application.\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\ninternal review continues until whichever of the following is the\nearlier:\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":244},{"sectionNumber":"229","sectionType":"section","heading":"Application for external review","content":"229 Application for external review\n(1) An eligible person may apply to the Work Health Court for review\n(an external review) 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\nto the 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 external review body to give\nthe eligible person a statement of reasons, within 14 days\nafter the day on which the statement is provided.\n(3) However, the court may at any time extend the period allowed for\napplying for a review if satisfied there is a good reason for doing so.\n\nWork Health and Safety (National Uniform Legislation) Act 2011 123\n","sortOrder":245},{"sectionNumber":"229A","sectionType":"section","heading":"Court may decline to deal with application if frivolous etc.","content":"229A Court may decline to deal with application if frivolous etc.\nThe court may decline to deal with, or to continue dealing with, an\napplication for external review if satisfied the application is frivolous,\nvexatious or not made in good faith.\n","sortOrder":246},{"sectionNumber":"229B","sectionType":"section","heading":"Effect of application on prior decision","content":"229B Effect of application on prior decision\n(1) The application for an external review does not affect the operation\nor implementation of the decision under review.\n(2) However, the court may make an order staying or otherwise varying\nthe operation or implementation of the decision as the court\nconsiders appropriate.\n(3) The order is subject to any conditions stated in it.\n(4) The order has effect for the period stated in it or, if no period is\nstated, until the external review is completed.\n","sortOrder":247},{"sectionNumber":"229C","sectionType":"section","heading":"Procedure for external review","content":"229C Procedure for external review\n(1) The court must review afresh the merits of the decision under\nreview.\n(2) In doing so the court is not bound by anything done by the regulator\nor internal reviewer.\n(3) Without limiting subsection (2), the court may:\n(a) consider evidence that was not considered by the regulator or\ninternal reviewer; and\n(b) disregard evidence that was considered by the regulator or\ninternal reviewer.\n","sortOrder":248},{"sectionNumber":"229D","sectionType":"section","heading":"Decision on external review","content":"229D Decision on external review\n(1) On an external review the court may:\n(a) confirm the decision under review; or\n(b) vary the decision under review; or\n(c) set aside the decision under review and substitute its own\n(2) The court may make any incidental orders it considers appropriate\nto give effect to its decision.\n\nWork Health and Safety (National Uniform Legislation) Act 2011 124\n(3) A decision under subsection (1)(b) or (c) is taken for this Act, other\nthan this Part, to be the person who originally made the decision\nunder review.\n","sortOrder":249},{"sectionNumber":"230","sectionType":"section","heading":"Prosecutions","content":"230 Prosecutions\n(1) Subject to subsection (4), proceedings for an offence against this\nAct may only be brought by:\n(b) an inspector with the written authorisation of the regulator\n(either generally or in a particular case).\n(2) An authorisation under subsection (1)(b) is sufficient authority to\ncontinue proceedings in any case where the court amends the\ncharge, warrant or summons.\n(3) The regulator must issue, and publish on the regulator's website,\ngeneral guidelines for or in relation to:\n(a) the prosecution of offences under this Act; and\n(b) the acceptance of WHS undertakings under this Act.\n(4) Nothing in this section affects the ability of the Director of Public\nProsecutions to bring proceedings for an offence against this Act.\n","sortOrder":250},{"sectionNumber":"231","sectionType":"section","heading":"Request for prosecution","content":"231 Request for prosecution\n(1) Subject to this section, a person may request the regulator to bring\na prosecution if:\n(a) the person reasonably believes that the occurrence of an act,\nmatter or thing constitutes:\n(i) a Category 1, Category 2 or Category 3 offence; or\n(ii) industrial manslaughter; and\n(b) no prosecution for the offence has been brought within\n6 months of the occurrence.\n(2) No request may be made more than 12 months after the\noccurrence of the act, matter or thing.\n\nWork Health and Safety (National Uniform Legislation) Act 2011 125\n(3) The request must be in writing and specify:\n(a) the particulars of the occurrence of the act, matter or thing;\nand\n(b) the grounds for the belief that the offence occurred.\n(4) A request under this section may include the prosecution of more\nthan one offence if the offences all relate to the same occurrence of\nthe act, matter or thing.\n(5) Within 3 months after receiving the request, the regulator must give\nwritten notice of the request to the following:\n(a) the person who made the request;\n(b) any person alleged to have been responsible for the\noccurrence of the act, matter or thing.\n(6) The notice must include particulars of the following:\n(a) the status of any investigation into the occurrence of the act,\nmatter or thing;\n(b) the status of any prosecution in relation to the occurrence;\n(c) if no investigation is being conducted or if no prosecution is\nbeing brought – the reasons why not.\n(7) The regulator may publish the information referred to in\nsubsection (6) on the regulator's website.\n(8) The regulator need not give the notice under subsection (5) if the\nrequest relates to an occurrence about which information is\npublished on the regulator's website.\n(9) The regulator must not state, to any person referred to in\nsubsection (5), a view that is contrary to the views of the Director of\nPublic Prosecutions on the merits of a prosecution in relation to the\noccurrence.\n(10) In this section a reference to the occurrence of an act, matter or\nthing includes a reference to a failure in relation to an act, matter or\nthing.\n\nWork Health and Safety (National Uniform Legislation) Act 2011 126\n","sortOrder":251},{"sectionNumber":"231A","sectionType":"section","heading":"Referral to Director of Public Prosecutions","content":"231A Referral to Director of Public Prosecutions\n(1) The regulator must seek the views of the Director of Public\nProsecutions on the merits of a prosecution if:\n(a) the regulator is considering bringing proceedings in respect of\na death for:\n(i) a Category 1, Category 2 or Category 3 offence; or\n(ii) industrial manslaughter; or\n(b) the regulator receives a request under section 231 for the\nprosecution of an offence in respect of a death.\n(2) In seeking the views of the Director of Public Prosecutions, the\nregulator must give the Director of Public Prosecutions a copy of\nany relevant information and evidence the regulator may have,\nincluding a copy of any request.\n(3) Within 25 business days after receiving the material under\nsubsection (2), the Director of Public Prosecutions must give the\nregulator the Director's views on the following:\n(a) the merits of a prosecution for the offence referred or for any\nother offence in respect of the death;\n(b) whether the Director consents to a prosecution under\nsection 231B.\n(4) Despite subsection (1), the regulator need not seek the views of the\nDirector of Public Prosecutions on the merits of a prosecution in\nrespect a death that was previously referred under this section,\nunless there are new facts or new evidence to justify the referral.\n","sortOrder":252},{"sectionNumber":"231B","sectionType":"section","heading":"Consent to prosecution","content":"231B Consent to prosecution\nThe regulator requires the consent of the Director of Public\nProsecutions to bring proceedings for:\n(a) a Category 1, Category 2 or Category 3 offence in respect of a\ndeath; or\n(b) industrial manslaughter.\n\nWork Health and Safety (National Uniform Legislation) Act 2011 127\n","sortOrder":253},{"sectionNumber":"232","sectionType":"section","heading":"Limitation period for prosecutions","content":"232 Limitation period for prosecutions\n(1) Proceedings for an offence against this Act may be brought within\nthe latest of the following periods to occur:\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\nproceedings 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 WHS\nundertaking has been contravened; or\n(iii) the regulator has agreed under section 221 to the\nwithdrawal of the WHS undertaking.\n(2) A proceeding for a Category 1 offence may be brought after the end\nof the applicable limitation period in subsection (1) if fresh evidence\nrelevant to the offence is discovered and the court is satisfied that\nthe evidence could not reasonably have been discovered within the\nrelevant limitation period.\n","sortOrder":254},{"sectionNumber":"233","sectionType":"section","heading":"Multiple contraventions of health and safety duty provision","content":"233 Multiple contraventions of health and safety duty provision\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) This section does not authorise contraventions of 2 or more health\nand 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\ncharged as a single offence.\nhealth and safety duty provision means a provision of Division 2,\n3 or 4 of Part 2.\n\nWork Health and Safety (National Uniform Legislation) Act 2011 128\n","sortOrder":255},{"sectionNumber":"234","sectionType":"section","heading":"Application of this Division","content":"234 Application of this Division\nThis Division applies if a court convicts a person, or finds a person\nguilty (the offender), of an offence against this Act.\n","sortOrder":256},{"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) Orders may be made under this Division in addition to any penalty\nthat may be imposed or any other action that may be taken in\nrelation to the offence.\n","sortOrder":257},{"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\nrelation to 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\noffence, its consequences, the penalty imposed and any\nother related matter;\n(ii) to notify a specified person or specified class of persons,\nin the way specified in the order, of the offence, its\nconsequences, the penalty imposed and any other\nrelated matter; and\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 person prosecuting the offence.\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(4) However, if:\n(a) the offender gives evidence to the regulator in accordance\nwith subsection (1)(b); and\n\nWork Health and Safety (National Uniform Legislation) Act 2011 129\n(b) despite that evidence, the regulator is not satisfied that the\noffender has taken the action or actions specified in the order\nin accordance 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\ntakes an action or actions in accordance with subsection (3) or an\norder under subsection (4), the regulator is entitled to recover from\nthe offender, by action in a court of competent jurisdiction, an\namount in relation to the reasonable expenses of taking the action\nor actions as a debt due to the regulator.\n","sortOrder":258},{"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\nspecified in the order, within the period so specified, to remedy any\nmatter caused by the commission of the offence that appears to the\ncourt to be within the 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\nthat period.\n","sortOrder":259},{"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(2) The order may specify conditions that must be complied with in\nundertaking the specified project.\n","sortOrder":260},{"sectionNumber":"239","sectionType":"section","heading":"Release on the giving of a court-ordered WHS undertaking","content":"239 Release on the giving of a court-ordered WHS undertaking\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\nWork Health and Safety (National Uniform Legislation) Act 2011 130\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\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\n(4) An order under subsection (3) must be served on the offender not\nless than 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\nconditions of the court-ordered WHS undertaking, it must discharge\nthe offender without any further hearing of the proceeding.\n","sortOrder":261},{"sectionNumber":"240","sectionType":"section","heading":"Injunctions","content":"240 Injunctions\nIf a court finds a person guilty of an offence against this Act, the\ncourt may issue an injunction requiring the person to cease\ncontravening this Act.\nNote for section 240\nAn injunction may also be obtained under section 215 for noncompliance with a\nnon-disturbance notice, improvement notice or prohibition notice.\n","sortOrder":262},{"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 one or more workers to undertake a specified course of\ntraining.\n","sortOrder":263},{"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\nan order under this Division.\n\nWork Health and Safety (National Uniform Legislation) Act 2011 131\n(3) This section does not apply to an order or injunction under\nsection 239 or 240.\nDivision 3 Infringement notices\n","sortOrder":264},{"sectionNumber":"243","sectionType":"section","heading":"Infringement notices","content":"243 Infringement notices\nNote for section 243\nNot required – see section 65D of the Interpretation Act 1978.\n","sortOrder":265},{"sectionNumber":"Div 4","sectionType":"division","heading":"Offences by bodies corporate","content":"Division 4 Offences by bodies corporate\n","sortOrder":266},{"sectionNumber":"244","sectionType":"section","heading":"Imputing conduct to bodies corporate","content":"244 Imputing conduct to bodies corporate\nNote for section 244\nNot required – see Part IIAA, Division 5 of the Criminal Code.\n","sortOrder":267},{"sectionNumber":"245","sectionType":"section","heading":"Offences and the Crown","content":"245 Offences and the Crown\n(1) If the Crown is guilty of an offence against this Act, the penalty to\nbe imposed on the Crown is the penalty applicable to a body\ncorporate.\n(2) For the purposes of this Act, any conduct engaged in on behalf of\nthe Crown by an employee, agent or officer of the Crown acting\nwithin the actual or apparent scope of his or her employment, or\nwithin his or her actual or apparent authority, is conduct also\nengaged in by the Crown.\n(3) If an offence under this Act requires proof of knowledge, intention or\nrecklessness, it is sufficient in proceedings against the Crown for\nthat offence to prove that the person referred to in subsection (2)\nhad the 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 proceedings against the Crown\nfor that offence if the person referred to in subsection (2) made that\nmistake of fact.\n","sortOrder":268},{"sectionNumber":"246","sectionType":"section","heading":"WHS civil penalty provisions and the Crown","content":"246 WHS civil penalty provisions and the Crown\n(1) If the Crown contravenes a WHS civil penalty provision, the\nmonetary penalty to be imposed on the Crown 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 Crown by an employee, agent or officer\n\nWork Health and Safety (National Uniform Legislation) Act 2011 132\nof the Crown 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 Crown.\n(3) If a WHS civil penalty provision requires proof of knowledge, it is\nsufficient in proceedings against the Crown for a contravention of\nthat provision to prove that the person referred to in subsection (2)\nhad that knowledge.\n","sortOrder":269},{"sectionNumber":"247","sectionType":"section","heading":"Officers","content":"247 Officers\n(1) A person who makes, or participates in making, decisions that\naffect the whole, or a substantial part, of a business or undertaking\nof the Crown is taken to be an officer of the Crown for the purposes\nof this Act.\n(2) A Minister of a State or the Commonwealth is not in that capacity\nan officer for the purposes of this Act.\n","sortOrder":270},{"sectionNumber":"248","sectionType":"section","heading":"Responsible agency for the Crown","content":"248 Responsible agency for the Crown\n(1) A provisional improvement notice, improvement notice, prohibition\nnotice, non-disturbance notice, infringement notice or notice of\nentry under Part 7 to be given to or served on the Crown under this\nAct may be given to or served on the responsible agency.\n(2) If an infringement notice is to be served on the Crown for an\noffence against this Act, the responsible agency may be specified in\nthe infringement notice.\n(3) If proceedings are brought against the Crown 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\nin any document initiating, or relating to, the proceedings.\n(4) The responsible agency in relation to an offence or a contravention\nof this Act is entitled to act in proceedings against the Crown for the\noffence or relating to the contravention and, subject to any relevant\nrules of court, the procedural rights and obligations of the Crown as\nthe accused or defendant in the proceedings are conferred or\nimposed on the responsible agency.\n(5) The person prosecuting the offence or bringing the proceedings\nmay change the responsible agency during the proceedings with\nthe court's leave.\n\nWork Health and Safety (National Uniform Legislation) Act 2011 133\n(6) In this section:\nresponsible agency:\n(a) in relation to a notice referred to in subsection (1) is:\n(i) in the case of a provisional improvement notice,\nimprovement notice or infringement notice, the agency of\nthe Crown the acts or omissions of which are alleged to\ncontravene this Act;\n(ii) in the case of a prohibition notice, the agency of the\nCrown which has control over the activity referred to in\nsection 195(1)(a) or (b);\n(iii) in the case of a non-disturbance notice, the agency of\nthe Crown with the management and control of the\n(iv) in the case of a notice of entry under Part 7, the agency\nof the Crown conducting the relevant business or\nundertaking or with the management and control of the\n(b) in relation to an offence or proceedings for a contravention of\nthis Act, is the agency of the Crown:\n(i) the acts or omissions of which are alleged to constitute\nthe offence or contravention; or\n(ii) if that agency has ceased to exist, that is the successor\nof that 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":271},{"sectionNumber":"249","sectionType":"section","heading":"Application to public authorities that are bodies corporate","content":"249 Application to public authorities that are bodies corporate\nThis Division applies only to public authorities that are bodies\ncorporate.\n","sortOrder":272},{"sectionNumber":"250","sectionType":"section","heading":"Proceedings against public authorities","content":"250 Proceedings against public authorities\n(1) Proceedings may be brought under this Act against a public\nauthority in its own name.\n\nWork Health and Safety (National Uniform Legislation) Act 2011 134\n(2) Nothing in this Division affects any privileges that a public authority\nmay have under the Crown.\n","sortOrder":273},{"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(2) If an offence under this Act requires proof of knowledge, intention or\nrecklessness, it is sufficient in proceedings against the public\nauthority for that offence to prove that the person referred to in\nsubsection (1) had the relevant knowledge, intention or\nrecklessness.\n(3) If for an offence against this Act mistake of fact is relevant to\ndetermining liability, it is sufficient in proceedings against the public\nauthority for that offence if the person referred to in subsection (1)\nmade that mistake of fact.\n","sortOrder":274},{"sectionNumber":"252","sectionType":"section","heading":"Officer of public authority","content":"252 Officer of public authority\n(1) A person who makes, or participates in making, decisions that\naffect the whole, or a substantial part, of the business or\nundertaking of a public authority is taken to be an officer of the\npublic authority for the purposes of this Act.\n(2) A Minister of a State or the Commonwealth is not in that capacity\nan officer for the purposes of this Act.\n","sortOrder":275},{"sectionNumber":"253","sectionType":"section","heading":"Proceedings against successors to public authorities","content":"253 Proceedings against successors to public authorities\n(1) Proceedings for an offence against this Act that were instituted\nagainst a public authority before its dissolution, or that could have\nbeen instituted against a public authority if not for its dissolution,\nmay be continued or instituted against its successor if the\nsuccessor is a public 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\nWork Health and Safety (National Uniform Legislation) Act 2011 135\n","sortOrder":276},{"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 (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 one or more\namounts by way of monetary penalty are set out at the foot of\nthe 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 subregulation (or a regulation that is not divided into\nsubregulations) is a WHS civil penalty provision if:\n(a) the words \"WHS civil penalty provision\" and one or more\namounts by way of monetary penalty are set out at the foot of\nthe subregulation (or regulation); or\n(b) another provision of the Regulations specifies that the\nsubregulation (or regulation) is a WHS civil penalty provision.\n","sortOrder":277},{"sectionNumber":"255","sectionType":"section","heading":"Proceedings for contravention of WHS civil penalty provision","content":"255 Proceedings for contravention of WHS civil penalty provision\nSubject to this Division, proceedings may be brought in the Work\nHealth Court against a person for a contravention of a WHS civil\npenalty provision.\n","sortOrder":278},{"sectionNumber":"256","sectionType":"section","heading":"Involvement in contravention treated in same way as actual","content":"256 Involvement in contravention treated in same way as actual\ncontravention\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\nif, and only if, the person:\n(a) has aided, abetted, counselled or procured the contravention;\nor\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\nWork Health and Safety (National Uniform Legislation) Act 2011 136\n","sortOrder":279},{"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":280},{"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 civil\nproceedings when hearing proceedings for a contravention of a\n","sortOrder":281},{"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\nprovision\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(2) A monetary penalty imposed under subsection (1) must not exceed\nthe relevant maximum amount of monetary penalty specified under\n","sortOrder":282},{"sectionNumber":"Part 7","sectionType":"part","heading":"or the Regulations in relation to a contravention of that WHS","content":"Part 7 or the Regulations in relation to a contravention of that WHS\ncivil penalty provision.\n","sortOrder":283},{"sectionNumber":"260","sectionType":"section","heading":"Proceeding may be brought by the regulator or an inspector","content":"260 Proceeding may be brought by the regulator or an inspector\nProceedings 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":284},{"sectionNumber":"261","sectionType":"section","heading":"Limitation period for WHS civil penalty proceedings","content":"261 Limitation period for WHS civil penalty proceedings\nProceedings 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":285},{"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\nWork Health and Safety (National Uniform Legislation) Act 2011 137\n(b) the Territory may enforce the order as if it were a judgment of\n","sortOrder":286},{"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\nfor contravention of a WHS civil penalty provision if an order has\nbeen made against the person under a civil penalty provision under\nan Act of the Commonwealth or a State in relation to conduct that is\nsubstantially the same as the conduct constituting the\ncontravention.\n","sortOrder":287},{"sectionNumber":"264","sectionType":"section","heading":"Criminal proceedings during civil proceedings","content":"264 Criminal proceedings during civil proceedings\n(1) Proceedings against a person for a contravention of a WHS civil\npenalty provision are stayed if:\n(a) criminal proceedings are commenced or have already\ncommenced against 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 proceedings for the order may be resumed if the person is not\nconvicted or found guilty of the offence.\n(3) If the proceedings for the order are not resumed, the proceedings\nare dismissed.\n","sortOrder":288},{"sectionNumber":"265","sectionType":"section","heading":"Criminal proceedings after civil proceedings","content":"265 Criminal proceedings after civil proceedings\nCriminal proceedings 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\nwhether an order has been made against the person under\nsection 259.\n","sortOrder":289},{"sectionNumber":"266","sectionType":"section","heading":"Evidence given in proceedings for contravention of WHS civil","content":"266 Evidence given in proceedings for contravention of WHS civil\npenalty provision not admissible in criminal proceedings\n(1) Evidence of information given, or evidence of production of\ndocuments, by an individual is not admissible in criminal\nproceedings against the individual if:\n(a) the individual previously gave the information or produced the\ndocuments in proceedings against the individual for a\ncontravention of a WHS civil penalty provision (whether or not\nthe order was made); and\n\nWork Health and Safety (National Uniform Legislation) Act 2011 138\n(b) the conduct alleged to constitute the offence is substantially\nthe same as the conduct alleged to constitute the\ncontravention of the WHS civil penalty provision.\n(2) However, this does not apply to criminal proceedings in relation to\nthe falsity of the evidence given by the individual in the proceedings\nfor the contravention of the WHS civil penalty provision.\n","sortOrder":290},{"sectionNumber":"Div 8","sectionType":"division","heading":"Civil liability not affected by this Act","content":"Division 8 Civil liability not affected by this Act\n","sortOrder":291},{"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 and Part 7 and Division 7 of this Part,\nnothing in this Act is to be construed as:\n(a) conferring a right of action in civil proceedings in relation to a\ncontravention of a provision of this Act; or\n(b) conferring a defence to an action in civil proceedings or\notherwise affecting a right of action in civil proceedings; or\n(c) affecting the extent (if any) to which a right of action arises, or\ncivil proceedings may be brought, in relation to breaches of\nduties or obligations imposed by the Regulations.\n","sortOrder":292},{"sectionNumber":"268","sectionType":"section","heading":"Offence to give false or misleading information","content":"268 Offence to give false or misleading information\n(1) A person must not give information in complying or purportedly\ncomplying with this Act that the person knows:\n(a) to be false or misleading in a material particular; or\n(b) omits any matter or thing without which the information is\nmisleading.\n\nWork Health and Safety (National Uniform Legislation) Act 2011 139\n(2) A person must not produce a document in complying or purportedly\ncomplying with this Act that the person knows to be false or\nmisleading in a material particular without:\n(a) indicating the respect in which it is false or misleading and, if\npracticable, providing correct information; or\n(b) accompanying the document with a written statement signed\nby the person or, in the case of a body corporate, by a\ncompetent officer of the body corporate:\n(i) stating that the document is, to the knowledge of the first\nmentioned person, false or misleading in a material\nparticular; and\n(ii) setting out, or referring to, the material particular in\nwhich the document is, to the knowledge of the first\nmentioned person, false or misleading.\n(2A) Section 12B does not apply to an offence against subsection (2).\n(3) Subsection (2) places an evidential burden on the accused to show\nthat the accused had indicated the extent to which the document\nwas false or misleading or that the accompanying document\nsufficiently explained the extent to which the document was false or\nmisleading.\n","sortOrder":293},{"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.\n","sortOrder":294},{"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) A civil liability that would, but for subsection (1), attach to a person,\nattaches instead to the Territory.\n\nWork Health and Safety (National Uniform Legislation) Act 2011 140\n","sortOrder":295},{"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\nto a document in exercising any power or function under this Act\n(other than under Part 7).\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\ndocument;\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\nthe giving 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 made or given by the regulator or a person authorised\nby the regulator if the regulator reasonably believes the\ndisclosure, access or use:\n(i) is necessary for administering, or monitoring or enforcing\ncompliance with, this Act; or\n(ii) is necessary for the administration or enforcement of\nanother Act prescribed by the Regulations; or\n(iii) is necessary for the administration or enforcement of\nanother Act or law, if the disclosure, access or use is\nnecessary to lessen or prevent a serious risk to public\nhealth or safety; or\n\nWork Health and Safety (National Uniform Legislation) Act 2011 141\n(iv) is necessary for the recognition of authorisations under a\ncorresponding WHS law; or\n(v) is required for the exercise of a power or function under\na corresponding WHS law; or\n(d) that is required by any court, tribunal, authority or person\nhaving lawful authority to require the production of documents\nor the answering of questions; or\n(e) that is required or authorised under a law; or\n(f) to a Minister.\n(4) A person commits an offence if:\n(a) the person (the accused) intentionally discloses to another\nperson the name and address of an individual; and\n(b) the individual has made a complaint in relation to the person\nto whom the individual's name is disclosed; and\n(c) the accused knows or is reckless as to that fact.\n(5) Section 12B does not apply to an offence against subsection (4).\n(6) Subsection (4) does not apply if the disclosure of the name:\n(a) is made with the consent of the individual mentioned in\nsubsection (4)(b); or\n(b) is required under a law.\n","sortOrder":296},{"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\nor modify the operation of this Act or any duty owed under this Act\nor to transfer to another person any duty owed under this Act is\nvoid.\n\nWork Health and Safety (National Uniform Legislation) Act 2011 142\n","sortOrder":297},{"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\nimposed on a worker, for anything done, or provided, in relation to\nwork health and safety.\nNote for section 273\n","sortOrder":298},{"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\nthis Act and may vary or revoke an approved code of practice.\n(2) The Minister may only approve, vary or revoke a code of practice\nunder subsection (1) if that code of practice, variation or revocation\nwas developed 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) A code of practice may apply, adopt or incorporate any matter\ncontained in a document formulated, issued or published by a\nperson or body whether:\n(a) with or without modification; or\n(b) as in force at a particular time or from time to time.\n(4) An approval of a code of practice, or a variation or revocation of an\napproved code of practice, takes effect when notice of it is\npublished in the Gazette or on such later date as is specified in the\napproval, variation or revocation.\n(5) As soon as practicable after approving a code of practice, or\nvarying or revoking an approved code of practice, the Minister must\nensure that notice of the approval, variation or revocation is\n\nWork Health and Safety (National Uniform Legislation) Act 2011 143\npublished in the Gazette and a newspaper circulating generally\nthroughout the Territory.\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\nextent) by 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":299},{"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\ncode relates; and\n(b) rely on the code in determining what is reasonably practicable\nin the circumstances to which the code relates.\nNote for paragraph (b)\nSee section 18 for the meaning of reasonably practicable.\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\ncode but provides a standard of work health and safety that is\nequivalent to or higher than the standard required in the code.\n","sortOrder":300},{"sectionNumber":"276","sectionType":"section","heading":"Regulation-making powers","content":"276 Regulation-making powers\n(1) The Administrator may make Regulations in relation to:\n(a) any matter relating to work health and safety; and\n(b) any matter or thing required or permitted by this Act to be\nprescribed or that is necessary or convenient to be prescribed\nto give effect to this Act.\n\nWork Health and Safety (National Uniform Legislation) Act 2011 144\n(2) Without limiting subsection (1), the Regulations may make provision\nfor or in relation to matters set out in Schedule 3.\n(3) The Regulations may:\n(a) be of general or limited application; or\n(b) differ according to differences in time, place or circumstance;\nor\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\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\nfrom time to time; or\n(e) prescribe exemptions from complying with any of the\nRegulations on the terms and conditions (if any) prescribed; or\n(f) allow the regulator to provide exemptions from complying with\nany of the Regulations on the terms and conditions (if any)\nprescribed or, if the Regulations allow, on the terms and\nconditions (if any) determined by the regulator; or\n(g) prescribe fees for doing any act or providing any service for\nthe purposes of this Act and prescribe the circumstances and\nway in which fees can be refunded, waived or reduced; or\n(h) prescribe a penalty for any contravention of the Regulations\nnot exceeding $30 000.\n(4) If the Regulations are made as mentioned in section 65D of the\nInterpretation Act 1978, the prescribed amount for an offence must\nnot exceed 20% of the penalty that may otherwise be imposed for\nthe offence.\n\nWork Health and Safety (National Uniform Legislation) Act 2011 145\nPart 15 Transitional provisions for Work Health and\nSafety (National Uniform Legislation) Act 2011\n","sortOrder":301},{"sectionNumber":"277","sectionType":"section","heading":"Definitions","content":"277 Definitions\ncommencement means the commencement of this Part.\nold upstream duties means duties that applied under\nsection 56(2) or 57(2) of the old WHS Act immediately before\nold WHS Act means the Workplace Health and Safety Act 2007 as\nin force from time to time before commencement.\n","sortOrder":302},{"sectionNumber":"278","sectionType":"section","heading":"Interpretation Act 1978 not affected","content":"278 Interpretation Act 1978 not affected\nThis Part does not limit the operation of Part III of the Interpretation\nAct 1978.\n","sortOrder":303},{"sectionNumber":"284","sectionType":"section","heading":"Authorisations","content":"284 Authorisations\n(1) If an authority under a former Act of a class prescribed by the\nRegulations for this section is in force immediately before\ncommencement, on commencement the authority becomes an\nauthorisation under this Act of the kind specified in the Regulations.\n(2) Regulations prescribing a class of authorities for this section:\n(a) must specify the kind of authorisation under this Act that\nauthorities of that class are to become; and\n(b) may prescribe conditions to which the authorisations are to be\nsubject.\n(3) The Regulations allow for an application for the grant or renewal of\nthe authority that was made before commencement but, as at\ncommencement, had not been determined, to be considered and\ndetermined under the former Act as if that Act had not been\nrepealed.\n(4) If the Regulations provide as mentioned in subsection (3) and an\nauthority is granted or renewed under the former Act as so\ncontinued, subsection (1) applies to the authority at the date of\ngrant or renewal.\n\nWork Health and Safety (National Uniform Legislation) Act 2011 146\n(5) In this section:\nauthority means a licence, permit, registration or other form of\nauthority, however described.\nformer Act means:\n(a) the old WHS Act; or\n(b) the Dangerous Goods Act 1998, as in force from time to time\nbefore commencement.\n","sortOrder":304},{"sectionNumber":"285","sectionType":"section","heading":"Consultation with workers","content":"285 Consultation with workers\n(1) If an agreement about consultation with workers was in force under\nsection 31(2)(c) of the old WHS Act immediately before\ncommencement, on commencement it becomes an agreement for\nsection 47(2) of this Act.\n(2) However, if any part of what has been agreed does not comply with\n","sortOrder":305},{"sectionNumber":"286","sectionType":"section","heading":"Work groups","content":"286 Work groups\n(1) If a work group exists under Part 4, Division 2 of the old WHS Act\nimmediately before commencement, on commencement the group\nbecomes:\n(a) for a 1-business group – a work group under Part 5,\nDivision 3, Subdivision 2 of this Act; or\n(b) for a multi-business group – a work group under Part 5,\nDivision 3, Subdivision 3 of this Act.\n(2) If an agreement about the formation of a workgroup was in force\nunder section 34(3) of the old WHS Act immediately before\ncommencement, on commencement it becomes:\n(a) for a 1-business group – an agreement for section 52(1) of this\nAct; or\n(b) for a multi-business group – an agreement for section 55(2) of\nthis Act.\n(3) However, if any part of what has been agreed does not comply with\n\nWork Health and Safety (National Uniform Legislation) Act 2011 147\n1-business group means a work group consists of workers\ncarrying out work for one person conducting a business or\nmulti-business group means a work group consists of workers\ncarrying out work for 2 or more persons conducting businesses or\nundertakings.\n","sortOrder":306},{"sectionNumber":"287","sectionType":"section","heading":"Health and safety representatives","content":"287 Health and safety representatives\n(1) If a person is a health and safety representative for a work group\nunder Part 4, Division 3 of the old WHS Act immediately before\ncommencement, on commencement the person becomes a health\nand safety representative for the work group under Part 5,\nDivision 3, Subdivision 4 of this Act.\n(2) The person's term of office under this Act is the remainder of the\nterm for which he or she was elected under the old WHS Act.\n(3) If an agreement or determination about a course of training for a\nhealth and safety representative was in force under section 42(3)(b)\nof the old WHS Act immediately before commencement, on\ncommencement the course is taken to have been chosen by the\nrepresentative for section 72(1)(c) of this Act.\n(4) For sections 85(6) and 90(4), a person who becomes a health and\nsafety representative for this Act under subsection (1) is taken to\nhave completed initial training prescribed by the Regulations\nreferred to in section 72(1)(b).\n(5) Subsection (4) and this subsection expire 1 year after\n","sortOrder":307},{"sectionNumber":"288","sectionType":"section","heading":"Cost sharing agreement","content":"288 Cost sharing agreement\n(1) If an agreement about the apportionment of costs and expenses\nbetween employers was in force under section 35 of the old WHS\nAct immediately before commencement, on commencement it\nbecomes an agreement for section 73 of this Act.\n(2) However, if any part of what has been agreed does not comply with\n","sortOrder":308},{"sectionNumber":"289","sectionType":"section","heading":"Disqualification of person as health and safety representative","content":"289 Disqualification of person as health and safety representative\nIf a disqualification under section 37(3) of the old WHS Act is in\nforce immediately before commencement, on commencement the\n\nWork Health and Safety (National Uniform Legislation) Act 2011 148\ndisqualification becomes a disqualification under section 65(3) of\nthis Act on the same terms (including as to duration) as those on\nwhich it was granted under the old WHS Act.\n","sortOrder":309},{"sectionNumber":"290","sectionType":"section","heading":"Health and safety committee","content":"290 Health and safety committee\n(1) If a health and safety committee was established by an employer\nfor a workplace under section 45 of the old WHS Act and is in\nexistence immediately before commencement, on commencement\nthe committee becomes a health and safety committee for the\nworkplace under Part 5, Division 4 of this Act for the employer's\nbusiness or undertaking at that workplace.\n(2) If an agreement about the constitution of a health and safety\ncommittee was in force under section 45 of the old WHS Act\nimmediately before commencement, on commencement it becomes\nan agreement for section 76 of this Act.\n(3) However, if any part of what has been agreed does not comply with\n","sortOrder":310},{"sectionNumber":"291","sectionType":"section","heading":"Processes underway at commencement","content":"291 Processes underway at commencement\n(1) This section applies if a process to do any of the following has\ncommenced under the old WHS Act but, as at commencement, has\nnot been completed:\n(a) to establish a workgroup;\n(b) to elect a health and safety representative;\n(c) to establish a health and safety committee;\n(d) to elect or appoint a member of a health and safety\ncommittee.\n(2) The process must be completed under the old WHS Act as if that\nAct had not been repealed.\n(3) On completion of a process:\n(a) mentioned in subsection (1)(a) – the workgroup becomes a\nworkgroup under Part 5, Division 3, Subdivision 2 or 3 of this\nAct as mentioned in section 286; or\n(b) mentioned in subsection (1)(b) – a person elected becomes a\nhealth and safety representative under Part 5, Division 3,\n","sortOrder":311},{"sectionNumber":"Subdiv 4","sectionType":"subdivision","heading":"of this Act; or","content":"Subdivision 4 of this Act; or\n\nWork Health and Safety (National Uniform Legislation) Act 2011 149\n(c) mentioned in subsection (1)(c) – the committee becomes a\nhealth and safety committee under Part 5, Division 4 of this\nAct; or\n(d) mentioned in subsection (1)(d) – the person elected or\nappointed becomes a member of the relevant health and\nsafety committee continued by section 290.\n(4) Subsection (2) ceases to apply if the establishment, election or\nappointment is not completed within 3 months after\n","sortOrder":312},{"sectionNumber":"292","sectionType":"section","heading":"Authorised union OH&S representatives","content":"292 Authorised union OH&S representatives\n(1) If a person is an authorised union OH&S representative under\nsection 50 of the old WHS Act immediately before commencement,\non commencement a WHS entry permit is taken to have been\nissued to the person.\n(2) The WHS entry permit under subsection (1):\n(a) has effect for the remainder of the term for which the person\nwas appointed as an authorised union OH&S representative;\nand\n(b) is subject to any conditions stated in the person's instrument\nof appointment as an authorised union OH&S representative.\n(3) The person's identity card issued under section 51 of the old WHS\nAct becomes the person's WHS entry permit for section 125 of this\nAct.\n","sortOrder":313},{"sectionNumber":"293","sectionType":"section","heading":"Application made before commencement","content":"293 Application made before commencement\n(1) If an application has been made under section 50 of the old WHS\nAct for a person to be appointed as an authorised union OH&S\nrepresentative but, as at commencement, has not been determined,\nthe application must be considered and determined under the old\nWHS Act as if that Act had not been repealed.\n(2) If the person to whom the application relates is appointed,\nsection 292 of this Act applies from the date of appointment.\n","sortOrder":314},{"sectionNumber":"294","sectionType":"section","heading":"Inspectors","content":"294 Inspectors\n(1) If a person is a workplace safety officer under section 15 of the old\nWHS Act immediately before commencement, on commencement\nthe person becomes an inspector under section 156 of this Act.\n\nWork Health and Safety (National Uniform Legislation) Act 2011 150\n(2) Until the person is issued with an identity card under section 157 of\nthis Act, the person's identity card issued under section 16 of the\nold WHS Act becomes the person's identity card under section 157.\n","sortOrder":315},{"sectionNumber":"295","sectionType":"section","heading":"Exercise of compliance powers under old WHS Act","content":"295 Exercise of compliance powers under old WHS Act\n(1) An inspector may exercise a compliance power for the purpose of\ndealing with any matter relating to compliance with the old WHS Act\nbefore its repeal or in so far as it continues to have effect under this\nPart or any other law.\n(2) For subsection (1), this Act applies:\n(a) as if a reference to this Act included a reference to the old\nWHS Act; and\n(b) with any other necessary modifications.\n(3) If an inspector exercises a compliance power as permitted by\nsubsection (1), Part 9 of this Act applies in relation to anything done\nin the exercise of the power.\n","sortOrder":316},{"sectionNumber":"296","sectionType":"section","heading":"Codes of practice","content":"296 Codes of practice\n(1) If an approval of a code of practice under section 61(3)(a) of the old\nWHS Act was in force immediately before commencement, on\ncommencement the approval becomes an approval of the code of\npractice under section 274 of this Act.\n(2) Subsection (1) applies even if section 274(2) has not been\ncomplied with.\n","sortOrder":317},{"sectionNumber":"297","sectionType":"section","heading":"Work Health and safety Advisory Council","content":"297 Work Health and safety Advisory Council\n(1) The Work Health and Safety Advisory Council under Schedule 2 of\nthis Act is a continuation of, and the same entity as, the Workplace\nHealth and Safety Advisory Council under section 21 of the old\nWHS Act.\n(2) A person holding office as a member or Deputy Chair of the\nCouncil, or as a member of a subcommittee, under Part 3 of the old\nWHS Act immediately before commencement, continues to hold\nthat office after commencement for the remainder of his or her term\nof appointment as if he or she had been appointed under\n","sortOrder":318},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"of this Act.","content":"Schedule 2 of this Act.\n(3) If an act, matter or thing relating to the Council as constituted under\nsection 21 of the old WHS Act is in existence, force or operation\nimmediately before commencement, on commencement it becomes\n\nWork Health and Safety (National Uniform Legislation) Act 2011 151\nan act, matter or thing in existence, force or operation for the\nAuthority as constituted under Schedule 2 of this Act.\n\nSchedule 1 Application of Act to dangerous goods and high risk plant\nWork Health and Safety (National Uniform Legislation) Act 2011 152\nSchedule 1 Application of Act to dangerous goods and\nhigh risk plant\nsection 12\n1 This Act applies to the storage and handling of dangerous goods\neven if the dangerous goods are not at a workplace or for use in\ncarrying out work.\n2 For the purposes of clause 1:\n(a) a reference in this Act to carrying out work includes a\nreference to the storage or handling of dangerous goods; and\n(b) a reference in this Act to a workplace includes a reference to\nthe premises at or in which the dangerous goods are stored or\nhandled; and\n(c) a reference in this Act to work health and safety (however\nexpressed) includes a reference to public health and safety.\n3 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 clause 3:\n(a) a reference in this Act to carrying out work includes a\nreference to the operation and use of high risk plant affecting\npublic safety; and\n(b) a reference in this Act to a workplace includes a reference to\nany high risk plant affecting public safety and the premises at\nor in which 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 the Regulations.\n6 In this Schedule:\ndangerous goods means anything prescribed as dangerous\ngoods.\nhigh risk plant means plant prescribed as high risk plant.\n\nWork Health and Safety (National Uniform Legislation) Act 2011 153\n1 Definitions\nIn this Schedule:\nappointed member means a member of the Council appointed\nunder clause 4(1)(b).\nCouncil means the Work Health and Safety Advisory Council under\nclause 2.\n2 Work Health and Safety Advisory Council\nThere is a council called the Work Health and Safety Advisory\nCouncil.\n3 Functions of Council\nThe Council has the following functions:\n(a) to keep under review the operation of this Act;\n(b) to make recommendations to the Minister on possible\nchanges to:\n(i) the administration of this Act; or\n(ii) standards of work health and safety in the Territory;\n(c) at the request of the Minister, to investigate and report to the\nMinister on matters relating to work health and safety;\n(d) to perform any other advisory functions relating to work health\nand safety as the Minister directs.\n4 Membership of Council\n(1) The Council consists of:\n(a) the person constituting the Authority under section 4(3) of the\nWork Health Administration Act 2011; and\n(b) not more than 10 other persons appointed by the Minister.\n(2) The members appointed under subclause (1)(b) must:\n(a) include persons with a wide range of experience extending as\nfar as possible across all major industry sectors in the\nTerritory; and\n\nWork Health and Safety (National Uniform Legislation) Act 2011 154\n(b) as far as practicable, consist of equal numbers of\nrepresentatives of organisations representing employers and\norganisations representing employees.\n5 Nominations for membership\nBefore appointing a person as an appointed member the Minister\nmust:\n(a) invite nominations for appointment from interested\norganisations and persons; and\n(b) consider all nominations made in response to the invitation.\n6 Term of appointment\n(1) An appointed member holds office for the period, not exceeding\n2 years, specified in the appointment.\n(2) An appointed member is eligible for reappointment.\n(3) An appointed member may resign by written notice given to the\nMinister.\n7 Termination of appointment\n(1) A person ceases to be an appointed member:\n(a) if the person is found guilty of an indictable offence (whether in\nthe Territory or elsewhere); or\n(b) if the person:\n(i) becomes bankrupt; or\n(ii) applies to take the benefit of a law for the relief of\nbankrupt or insolvent debtors; or\n(iii) compounds with creditors or makes an assignment of\nthe person's remuneration for their benefit.\n(2) The Minister may terminate the appointment of a person as an\nappointed member if satisfied the person:\n(a) has contravened clause 12; or\n(b) is guilty of misbehaviour; or\n(c) is physically or mentally incapable of satisfactorily performing\nthe functions of the office; or\n\nWork Health and Safety (National Uniform Legislation) Act 2011 155\n(d) is absent from 3 consecutive meetings of the Council without\nleave or other reasonable excuse.\n(3) A termination under subclause (2) must be by written notice given\nto the person.\n8 Chair and deputy chair\n(1) The Minister:\n(a) must nominate one of the appointed members as the chair of\nthe Council; and\n(b) may nominate another of the appointed members as the\ndeputy chair of the Council.\n(2) The deputy chair must act in the office of chair of the Council if:\n(a) the chair is unable to do so; or\n(b) the office of chair is vacant.\n9 Meetings of Council\n(1) The Council must meet:\n(a) when directed by the Minister to do so; and\n(b) at any other time the Council's chair considers appropriate.\n(3) A meeting must be convened by the Council's chair.\n(4) The Council's chair must preside at a meeting of the Council.\n(5) A quorum for a meeting of the Council is the chair and not less than\nhalf of the number of the other members of the Council.\n(6) Questions arising for decision at the Council meeting are to be\ndetermined by the majority of votes of members present and, if the\nvotes are equal, the chair also has a casting vote.\n(7) The Council must keep records of its proceedings.\n(8) Subject to this clause, the Council may determine its own\nprocedures.\n10 Committees\n(1) The Council may establish committees to assist it to carry out its\nfunctions.\n\nWork Health and Safety (National Uniform Legislation) Act 2011 156\n(2) A committee has the functions conferred on it by the Council.\n(3) A committee may be constituted:\n(a) entirely of members of the Council establishing it; or\n(b) partly of members of the Council and partly of other persons;\nor\n(c) entirely of other persons.\n(4) A committee member holds office on the conditions (including\nremuneration, expenses and allowances) determined by the\nMinister.\n(5) A committee must keep records of its proceedings.\n(6) Subject to this Act and any directions of the Council establishing it,\na committee may determine its own procedures.\n11 Annual report\n(1) At the end of each financial year, the Council must prepare a report\nabout:\n(a) the Council's activities during that year; and\n(b) the operation of this Act during that year.\n(2) The Council must, by 31 October following the end of that year,\ngive the report to the Minister.\n(3) The Minister must table a copy of the report in the Legislative\nAssembly within 6 sitting days after receiving the report.\n12 Disclosure of interest\n(1) A member of the Council or a committee who has a direct or\nindirect interest in a matter to be considered by the Council or\ncommittee must disclose the interest.\n(2) The disclosure must be recorded in Council's or committee's record\nof proceedings.\n(3) The member:\n(a) must not take part in any deliberation or decision about the\nmatter; and\n\nWork Health and Safety (National Uniform Legislation) Act 2011 157\n(b) must be disregarded for the purposes of constituting the\nquorum of the Council or committee for the deliberation or\n(4) The Council or committee may decide subclause (3) does not apply\nto the matter.\n(5) However, a decision under subclause (4) must be deliberated and\nvoted on in the absence of the member.\n\nWork Health and Safety (National Uniform Legislation) Act 2011 158\nsection 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\nunder the Regulations.\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\nbusiness or 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\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 any\nsubstance.\n\nWork Health and Safety (National Uniform Legislation) Act 2011 159\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) matters relating to health and safety in relation to\naccommodation provided to workers.\n5 Hazards and risks\nMatters relating to hazards and risks including:\n(a) the prescribing of standards relating to the use of or exposure\nto any physical, biological, chemical or psychological hazard;\nand\n(b) matters relating to safety cases, safety management plans\nand safety management systems (however described); and\n(c) matters relating to measures to control risks.\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\nbe kept 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\nperson.\n7 Authorisations\n7.1 Matters relating to authorisations (including licences, registrations\nand permits) and qualifications, and experience for the purposes of\n","sortOrder":319},{"sectionNumber":"Part 4","sectionType":"part","heading":"or the Regulations including providing for:","content":"Part 4 or the Regulations including providing for:\n(a) applications for the grant, issue, renewal, variation,\nsuspension and cancellation of authorisations, including the\nminimum age to be eligible for an authorisation; and\n\nWork Health and Safety (National Uniform Legislation) Act 2011 160\n(b) the evidence and information to be provided in relation to\napplications including the provision of statutory declarations;\nand\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; and\n(h) fees for applications for the grant, issue, renewal and variation\nof authorisations.\n7.2 The recognition of authorisations under corresponding WHS laws\nand exceptions to recognition.\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\ndetermination of work groups.\n9 Health and safety committees and health and safety\nMatters relating to health and safety committees and health and\nsafety representatives.\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\nwhere there is no agreed procedure.\n\nWork Health and Safety (National Uniform Legislation) Act 2011 161\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.\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 the Regulations\nincluding:\n(a) prescribing decisions as reviewable decisions for the purposes\nof Part 12 or for the purposes of the Regulations; and\n(b) prescribing procedures for internal and external review of\ndecisions under the Regulations; and\n(c) conferring jurisdiction on the Work Health Court to conduct\nreviews under the Regulations.\n\nWork Health and Safety (National Uniform Legislation) Act 2011 162\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nWork Health and Safety (National Uniform Legislation) Act 2011 (Act No. 39, 2011)\nAssent date 14 December 2011\nCommenced 1 January 2012 (Gaz S78, 30 December 2011)\nLocal Government Amendment Act 2014 (Act No. 19, 2014)\nAssent date 2 June 2014\nCommenced s 16: 1 July 2014; s 18: 1 December 2014; rem: 2 June 2014\n(s 2)\nCorrectional Services (Related and Consequential Amendments) Act 2014 (Act No. 27,\n2014)\nAssent date 4 September 2014\nCommenced 9 September 2014 (Gaz S80, 9 September 2014, p 2)\nLocal Court (Related Amendments) Act 2016 (Act No. 8, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related\nAmendments) Act 2016 (Act No. 9, 2016) and Gaz S34,\n29 April 2016)\nWork Health and Safety (National Uniform Legislation) Amendment Act 2019 (Act\nNo. 37, 2019)\nAssent date 10 December 2019\nCommenced 1 February 2020 (Gaz G4, 29 January 2020, p 2)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22 of 2018) to: ss 1, 103, 108, 160, 187, 243,\n276, 277, 278 and 284 and sch 2.\n\nWork Health and Safety (National Uniform Legislation) Act 2011 163\n4 LIST OF AMENDMENTS\ns 4 amd No. 19, 2014, s 26; No. 37, 2019, s 4\ns 5 amd No. 19, 2014, s 26\ns 30 rep No. 37, 2019, s 5\npt 2\ndiv 6 hdg ins No. 37, 2019, s 6\nss 34A – 34E ins No. 37, 2019, s 6\ns 103 amd No. 27, 2014, s 57\ns 167 amd No. 8, 2016, s 45\ns 216 amd No. 37, 2019, s 7\ns 231 sub No. 37, 2019, s 8\nss 231A –\n231B ins No. 37, 2019, s 8\ns 279 exp No. 39, 2011, s 279(3)\ns 280 exp No. 39, 2011, s 280(3)\ns 281 exp No. 39, 2011, s 281(3)\ns 282 exp No. 39, 2011, s 282(3)\ns 283 exp No. 39, 2011, s 283(2)","sortOrder":320}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.6","source":"moonshot-batch-reanalyse","citationCount":13,"completionTokens":7663},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond its original 2011 intent. Most notably, the 2019 amendments introduced industrial manslaughter, exposing individuals to life imprisonment and corporations to massive financial penalties for workplace deaths caused by reckless or negligent breaches of safety duties. This fundamentally broadens the criminal scope beyond the original tiered offence framework. Additionally, Schedule 1 extends application to dangerous goods and high-risk plant even outside traditional workplaces, pushing the law into general public safety."},"complexity_factors":["Over 276 sections and three schedules spanning criminal, civil, and administrative law","Multiple overlapping duty holders (PCBU, officer, worker, designer, manufacturer, importer, supplier, installer) with distinct obligations","Four tiers of offences including industrial manslaughter with life imprisonment, plus a default strict liability regime","Complex worker representation machinery including work group negotiations, HSR elections, deputy HSRs, provisional improvement notices, and right-to-cease-work procedures","Detailed union right-of-entry scheme with permit conditions, disputes, and civil penalty provisions","Extensive inspector powers: entry without consent, search warrants, compelled questioning with abrogated self-incrimination privilege, seizure, and forfeiture","Dual enforcement tracks (criminal prosecutions and WHS civil penalty proceedings) with specific interaction rules and evidence exclusions","Cross-references to the Criminal Code, Fair Work Act, Privacy Act, and Coroners Act"],"plain_english_summary":"This is the Northern Territory's main work health and safety law. It creates a comprehensive legal framework to protect people from harm at work and sets out serious consequences when safety obligations are not met.\n\n**Who it affects**\nThe law casts a wide net. It applies to:\n- **Business operators** (called \"persons conducting a business or undertaking\", or PCBUs): this includes employers, principals, and anyone directing how work is done.\n- **Officers**: senior decision-makers such as directors or equivalent leaders.\n- **Workers**: not just employees, but also contractors, labour-hire staff, apprentices, volunteers, and students on work experience.\n- **Upstream duty holders**: designers, manufacturers, importers, suppliers, and installers of machinery (\"plant\"), substances, and structures used at work.\n- **Union officials and health and safety representatives (HSRs)**.\n\n**Core safety duties**\n- **Primary duty of care**: Business operators must ensure the health and safety of workers and make sure work does not put others at risk, so far as is **reasonably practicable**. This means doing what is reasonably able to be done after considering how likely the harm is, how serious it could be, what is known about the risk, available solutions, and cost.\n- **Upstream duties**: Those who design, make, import, supply, or install work equipment must ensure it is safe and provide adequate safety information.\n- **Officer due diligence**: Senior leaders must actively keep up to date on safety matters, understand business risks, ensure proper resources and processes are in place, and verify they work.\n- **Worker duties**: Workers must take reasonable care for their own safety and avoid harming others.\n\n**Penalties and offences**\nThe law has tiered criminal offences:\n- **Category 1**: Reckless conduct exposing someone to a risk of death or serious injury (up to 5 years imprisonment and large fines).\n- **Category 2**: Failing to comply with a duty and exposing someone to a risk of death or serious injury.\n- **Category 3**: Failing to comply with a duty.\n- **Industrial manslaughter**: A business operator or senior officer who intentionally breaches a safety duty and causes a death, while being reckless or negligent, can face up to **life imprisonment**.\n\n**Reporting and representation**\n- **Incident notification**: Businesses must immediately report deaths, serious injuries or illnesses, and dangerous incidents to the regulator.\n- **Consultation and HSRs**: Workers must be consulted on safety matters. They can elect **health and safety representatives** who can inspect the workplace, issue provisional improvement notices, and direct that unsafe work stop (after training).\n- **Health and safety committees**: Can be formed to develop safety standards.\n\n**Union entry and enforcement**\n- **Union officials**: Trained union officials with a permit can enter workplaces to investigate suspected safety breaches or advise workers.\n- **Inspectors**: Government inspectors can enter workplaces, examine equipment, seize dangerous items, demand documents and answers, and issue enforcement notices.\n- **Enforcement tools**: **Improvement notices** order problems to be fixed; **prohibition notices** stop dangerous activities immediately; **non-disturbance notices** preserve incident scenes.\n- **Enforceable undertakings**: For some breaches, the regulator may accept a binding written promise of corrective action instead of prosecution.\n\n**Protection and review**\n- It is illegal to discriminate against or sack someone for being a safety rep, raising concerns, or exercising rights under the law.\n- Many regulator and inspector decisions can be reviewed internally and then appealed to the Work Health Court.\n\n**Why it matters**\nThis law makes workplace safety a strict legal obligation rather than a guideline. It gives workers formal channels to raise concerns, imposes serious criminal liability on businesses and senior leaders, and arms regulators with strong investigative and enforcement powers."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The original Act was intended to harmonise work health and safety laws across Australia, based on the model WHS Act. However, subsequent amendments—particularly the addition of Part 2 Division 6 on industrial manslaughter (inserted in 2019)—expanded the scope beyond the model. Industrial manslaughter is not in the model WHS laws and introduces life imprisonment for individuals and heavy fines for corporations. Additionally, Schedule 1 extends the Act's application to dangerous goods and high risk plant affecting public safety even when not at a workplace, broadening the original workplace-focused scope."},"complexity_factors":["Over 150 defined terms in section 4 and multiple other interpretation provisions","Extensive cross-referencing between parts (e.g., definitions refer to other sections, offences refer to duties in Part 2)","Three tiers of criminal offences (Category 1, 2, 3) with different fault elements and penalties, plus industrial manslaughter","Detailed procedures for work group determination, election of HSRs, and multiple-business work groups","Nested exceptions and conditions in duties (e.g., 'so far as is reasonably practicable' with seven factors in section 18)","Long Act with 15 Parts, 3 Schedules, and over 297 sections","Multiple enforcement mechanisms: improvement notices, prohibition notices, non-disturbance notices, remedial action, injunctions","Complex civil penalty provisions in Part 7 with specific procedures in Part 13 Division 7","Transitional provisions (Part 15) that carry over old Act arrangements with expiry periods and modifications"],"plain_english_summary":"This is the Northern Territory's main work health and safety law. It sets out a framework to protect the health and safety of workers and others from risks arising from work. The Act imposes duties on people conducting businesses or undertakings (PCBU), officers, workers, and others. Duties include ensuring health and safety so far as is reasonably practicable—meaning weighing up the likelihood and severity of harm, what the person knows, available ways to eliminate or minimise the risk, and whether the cost is grossly disproportionate to the risk. The Act covers: primary duty of care, further duties for designers, manufacturers, importers, suppliers, and installers of plant and substances; duties of officers to exercise due diligence; duties of workers and others. It creates three categories of criminal offences (Category 1 for reckless conduct, Category 2 for exposing someone to risk of death or serious harm, Category 3 for failing to comply with a duty), plus industrial manslaughter (intentional or negligent conduct causing death). The Act requires notification of serious incidents (deaths, serious injuries, dangerous incidents). It sets out requirements for authorisations (licences) for certain workplaces, plant, substances, and work. It mandates consultation with workers, election of health and safety representatives, and establishment of health and safety committees. It allows union officials with WHS entry permits to enter workplaces to inquire into suspected contraventions or consult workers. It gives inspectors broad powers to enter workplaces, issue improvement, prohibition, and non-disturbance notices, and seize evidence. It provides for enforceable undertakings and court orders. The Act applies to all workplaces in the Territory, including dangerous goods and high risk plant even outside traditional workplaces."}},"importantCases":[],"_links":{"self":"/api/acts/work-health-and-safety-national-uniform-legislation-act-2011","history":"/api/acts/work-health-and-safety-national-uniform-legislation-act-2011/history","analysis":"/api/acts/work-health-and-safety-national-uniform-legislation-act-2011/analysis","conflicts":"/api/acts/work-health-and-safety-national-uniform-legislation-act-2011/conflicts","importantCases":"/api/acts/work-health-and-safety-national-uniform-legislation-act-2011/important-cases","documents":"/api/acts/work-health-and-safety-national-uniform-legislation-act-2011/documents"}}