{"id":"tas:sr-2022-110","name":"Work Health and Safety (Transitional) Regulations 2022","slug":"work-health-and-safety-transitional-regulations-2022","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"110 of 2022","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":179803,"registerId":"tas-tas:sr-2022-110-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> These regulations may be cited as the [Work Health and Safety (Transitional) Regulations 2022](/view/html/inforce/2026-04-12/sr-2022-110) .","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> These regulations take effect on the day on which the *Work Health and Safety Regulations 2022* commence.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In these regulations –\n> \n> > ***Act*** means the [Work Health and Safety (Transitional and Consequential Provisions) Act 2012](/view/html/inforce/2026-04-12/act-2012-002) ;\n> \n> > ***new regulations*** means the *Work Health and Safety Regulations 2022*;\n> \n> > ***person conducting a business or undertaking*** has the same meaning as in the new Act;\n> \n> > ***regulator*** has the same meaning as in the new Act;\n> \n> > ***2012 commencement day*** means the day on which the *Work Health and Safety Regulations 2012* commenced.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Upstream Duties","content":"# Part 2 Upstream Duties","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Duties of designers of plant or structure","content":"### 4 Duties of designers of plant or structure\n\n> The duties imposed on a designer under [regulations 59](/view/html/inforce/2026-04-12/sr-2012-122#GS59@EN) , [61](/view/html/inforce/2026-04-12/sr-2012-122#GS61@EN) , [64](/view/html/inforce/2026-04-12/sr-2012-122#GS64@EN) , [187](/view/html/inforce/2026-04-12/sr-2012-122#GS187@EN) , [188](/view/html/inforce/2026-04-12/sr-2012-122#GS188@EN) , [189](/view/html/inforce/2026-04-12/sr-2012-122#GS189@EN) , [190](/view/html/inforce/2026-04-12/sr-2012-122#GS190@EN) , [191](/view/html/inforce/2026-04-12/sr-2012-122#GS191@EN) , [192](/view/html/inforce/2026-04-12/sr-2012-122#GS192@EN) , [228](/view/html/inforce/2026-04-12/sr-2012-122#GS228@EN) , [229](/view/html/inforce/2026-04-12/sr-2012-122#GS229@EN) , [230](/view/html/inforce/2026-04-12/sr-2012-122#GS230@EN) and [295](/view/html/inforce/2026-04-12/sr-2012-122#GS295@EN) of the new regulations do not apply in relation to plant or a structure if –\n> \n> > > (a) the designer completed the design of the plant or structure before the 2012 commencement day; or\n> > \n> > > (b) the designer –\n> > > \n> > > > > (i) commenced designing the plant or structure before the 2012 commencement day; and\n> > > > \n> > > > > (ii) completed the design by the second anniversary of the 2012 commencement day.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Duties of importers of plant or structure","content":"### 5 Duties of importers of plant or structure\n\n> The duties imposed on an importer under [regulations 59](/view/html/inforce/2026-04-12/sr-2012-122#GS59@EN) , [61](/view/html/inforce/2026-04-12/sr-2012-122#GS61@EN) , [64](/view/html/inforce/2026-04-12/sr-2012-122#GS64@EN) , [196](/view/html/inforce/2026-04-12/sr-2012-122#GS196@EN) and [197](/view/html/inforce/2026-04-12/sr-2012-122#GS197@EN) of the new regulations do not apply in relation to the importing by the importer of plant or a structure if –\n> \n> > > (a) the importer completed the importing of the plant or structure before the 2012 commencement day; or\n> > \n> > > (b) the importer –\n> > > \n> > > > > (i) commenced any steps constituting the importation of the plant or structure before the 2012 commencement day; and\n> > > > \n> > > > > (ii) completed the importing of the plant or structure by the first anniversary of the 2012 commencement day.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Duties of suppliers of plant or structure","content":"### 6 Duties of suppliers of plant or structure\n\n> The duties imposed on a supplier under [regulations 59](/view/html/inforce/2026-04-12/sr-2012-122#GS59@EN) , [61](/view/html/inforce/2026-04-12/sr-2012-122#GS61@EN) , [64](/view/html/inforce/2026-04-12/sr-2012-122#GS64@EN) , [198](/view/html/inforce/2026-04-12/sr-2012-122#GS198@EN) , [199](/view/html/inforce/2026-04-12/sr-2012-122#GS199@EN) and [200](/view/html/inforce/2026-04-12/sr-2012-122#GS200@EN) of the new regulations do not apply in relation to the supply by the supplier of plant or a structure if –\n> \n> > > (a) the supplier completed the supplying of the plant or structure before the 2012 commencement day; or\n> > \n> > > (b) the supplier –\n> > > \n> > > > > (i) commenced any process associated with the supply of the plant or structure before the 2012 commencement day; and\n> > > > \n> > > > > (ii) completed the supplying of the plant or structure by the first anniversary of the 2012 commencement day.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Duties of installers or constructors of plant or structure","content":"### 7 Duties of installers or constructors of plant or structure\n\n> > (1)  In this regulation –\n> > \n> > > ***designated person*** means a person who is an installer or constructor of any plant or structure.\n> \n> > (2)  The duties imposed on a designated person under [regulation 64](/view/html/inforce/2026-04-12/sr-2012-122#GS64@EN) of the new regulations do not apply to or in relation to the installation or construction of plant or a structure if –\n> > \n> > > > (a) the designated person completed the installation or construction of the plant or structure before the 2012 commencement day; or\n> > > \n> > > > (b) the designated person –\n> > > > \n> > > > > > (i) commenced any process associated with the installation or construction of the plant or structure before the 2012 commencement day; and\n> > > > > \n> > > > > > (ii) completed the installation or construction of the plant or structure by the second anniversary of the 2012 commencement day.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Duties of persons conducting businesses or undertakings that install, construct or commission plant or structure","content":"### 8 Duties of persons conducting businesses or undertakings that install, construct or commission plant or structure\n\n> > (1)  In this regulation –\n> > \n> > > ***designated person*** means a person who conducts a business or undertaking that installs, constructs or commissions plant or a structure.\n> \n> > (2)  The duties imposed on a designated person under [regulations 201](/view/html/inforce/2026-04-12/sr-2012-122#GS201@EN) and [202](/view/html/inforce/2026-04-12/sr-2012-122#GS202@EN) of the new regulations do not apply to, or in relation to, the installation, construction or commission of plant or a structure if –\n> > \n> > > > (a) the designated person completed the installation, construction or commissioning of the plant or structure before the 2012 commencement day; or\n> > > \n> > > > (b) the designated person –\n> > > > \n> > > > > > (i) commenced any process associated with the installation, construction or commissioning of the plant or structure before the 2012 commencement day; and\n> > > > > \n> > > > > > (ii) completed the installation, construction or commissioning of the plant or structure by the second anniversary of the 2012 commencement day.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Duties of person who commissions construction work","content":"### 9 Duties of person who commissions construction work\n\n> > (1)  In this regulation –\n> > \n> > > ***designated person*** means a person conducting a business or undertaking that commissions construction work in relation to a structure.\n> \n> > (2)  The duties imposed under [regulation 294](/view/html/inforce/2026-04-12/sr-2012-122#GS294@EN) of the new regulations on a designated person do not apply in relation to the construction of a structure if –\n> > \n> > > > (a) the designer of the structure completed the design of the structure before the 2012 commencement day; or\n> > > \n> > > > (b) the designer of the structure –\n> > > > \n> > > > > > (i) commenced designing the structure before the 2012 commencement day; and\n> > > > > \n> > > > > > (ii) completed the design of the structure by the second anniversary of the 2012 commencement day.","sortOrder":10},{"sectionNumber":"Part 3","sectionType":"part","heading":"Construction Industry","content":"# Part 3 Construction Industry","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Construction induction training cards","content":"### 10 Construction induction training cards\n\n> > (1)  In this regulation –\n> > \n> > > ***occupational health and safety construction induction card*** means a card of that name issued, by Workplace Standards Tasmania after 19 August 2009, to provide evidence that a person has undertaken general construction induction training in accordance with the Tasmanian *Code of Practice for Induction for Construction Work* which was approved by the Minister pursuant to section 22 of the former Act;\n> > \n> > > ***Workplace Standards*** means the division of the Department that was responsible for the administration of the *Workplace Health and Safety Act 1995* immediately before the 2012 commencement day.\n> \n> > (2)  If a person, immediately before the 2012 commencement day, held an occupational health and safety construction induction card –\n> > \n> > > > (a) that person is taken to have successfully completed general construction induction training for the purposes of [Part 6.5](/view/html/inforce/2026-04-12/sr-2012-122#HC6@HP6.5@EN) of the new regulations; and\n> > > \n> > > > (b) that card is taken to be a general construction induction training card issued by the regulator under [regulation 319](/view/html/inforce/2026-04-12/sr-2012-122#GS319@EN) of the new regulations.","sortOrder":12},{"sectionNumber":"Part 4","sectionType":"part","heading":"Diving","content":"# Part 4 Diving","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Competence of worker – general diving work","content":"### 11 Competence of worker – general diving work\n\n> > (1)  In this regulation –\n> > \n> > > ***general diving work*** has the same meaning as in the new regulations;\n> > \n> > > ***harvesting or scientific diving work*** means general diving work (other than incidental diving work and limited scientific diving work) that is carried out for the purposes of – \n> > > \n> > > > > (a) taking fish, shellfish or other marine or aquatic life (whether for food or for other purposes); or\n> > > > \n> > > > > (b) professional scientific research, natural resource management or scientific research as an educational activity;\n> > \n> > > ***incidental diving work*** has the same meaning as in the new regulations;\n> > \n> > > ***limited scientific diving work*** has the same meaning as in the new regulations.\n> \n> > (2)  A person is taken to have a qualification under [regulation 171](/view/html/inforce/2026-04-12/sr-2012-122#GS171@EN) of the new regulations in relation to general diving work if the person has –\n> > \n> > > > (a) undertaken harvesting or scientific diving work during 2012; and\n> > > \n> > > > (b) completed at least 60 hours of harvesting or scientific diving work between 1 January 2011 and 31 December 2012 (both days inclusive).","sortOrder":14},{"sectionNumber":"Part 5","sectionType":"part","heading":"Plant and Structures","content":"# Part 5 Plant and Structures","sortOrder":15},{"sectionNumber":"12","sectionType":"section","heading":"Tree lopping","content":"### 12 Tree lopping\n\n> > (1)  In this regulation –\n> > \n> > > ***approved code of practice*** means a code of practice that has been approved under [section 274](/view/html/inforce/2026-04-12/act-2012-001#GS274@EN) of the new Act;\n> > \n> > > ***crane-based tree lopping*** means tree lopping using a method where a person is placed in a tree by a crane.\n> \n> > (2)  [Regulation 221](/view/html/inforce/2026-04-12/sr-2012-122#GS221@EN) of the new regulations does not apply until an approved code of practice, detailing safety practices in relation to crane-based tree lopping, takes effect.","sortOrder":16},{"sectionNumber":"13","sectionType":"section","heading":"Recognition of plant design registration under former regulations","content":"### 13 Recognition of plant design registration under former regulations\n\n> > (1)  This regulation applies in relation to the design of an item of plant if –\n> > \n> > > > (a) before the 2012 commencement day, the plant design was registered under regulation 99 of the former regulations; and\n> > > \n> > > > (b) immediately before the 2012 commencement day, the registration was in force; and\n> > > \n> > > > (c) on the 2012 commencement day, the plant design was required to be registered under [Part 5.3](/view/html/inforce/2026-04-12/sr-2012-122#HC5@HP5.3@EN) of the *Work Health and Safety Regulations 2012*.\n> \n> > (2)  The design of an item of plant is taken to be registered under [Division 3 of Part 5.3](/view/html/inforce/2026-04-12/sr-2012-122#HC5@HP5.3@HD3@EN) of the new regulations subject to the same conditions as those which applied, immediately before the 2012 commencement day, to the registration of that plant design under the former regulations.\n> \n> > (3)  The design registration number issued under regulation 99 of the former regulations for a plant design is taken to be the plant design registration number issued under [regulation 260](/view/html/inforce/2026-04-12/sr-2012-122#GS260@EN) of the new regulations for that design.\n> \n> > (4)  If, before the 2012 commencement day, the Director has given a person written notice advising the person that the person's application to register a plant design under regulation 97 of the former regulations has been granted, that notice is taken to be the registration document issued by the regulator under [regulation 261](/view/html/inforce/2026-04-12/sr-2012-122#GS261@EN) of the new regulations for that design.","sortOrder":17},{"sectionNumber":"14","sectionType":"section","heading":"Registration of plant designs not registered under former regulations","content":"### 14 Registration of plant designs not registered under former regulations\n\n> > (1)  This regulation applies to the design of an item of plant if –\n> > \n> > > > (a) the item of plant is specified in [Part 1 of Schedule 5](/view/html/inforce/2026-04-12/sr-2012-122#JS5@HS1@EN) to the new regulations; and\n> > > \n> > > > (b) immediately before the 2012 commencement day, the design was not required to be registered under Subdivision 2 of Division 3 of Part 4 of the former regulations.\n> \n> > (2)  [Regulation 243](/view/html/inforce/2026-04-12/sr-2012-122#GS243@EN) of the new regulations does not apply to the design of an item of plant if the item of plant was manufactured before 1 January 2014.\n> \n> > (3)  [Regulations 231](/view/html/inforce/2026-04-12/sr-2012-122#GS231@EN) , [232](/view/html/inforce/2026-04-12/sr-2012-122#GS232@EN) and [233](/view/html/inforce/2026-04-12/sr-2012-122#GS233@EN) of the new regulations do not apply to the manufacturer, importer or supplier of plant if that plant was manufactured before 1 January 2014.","sortOrder":18},{"sectionNumber":"Part 6","sectionType":"part","heading":"Miscellaneous","content":"# Part 6 Miscellaneous","sortOrder":19},{"sectionNumber":"15","sectionType":"section","heading":"Health surveillance reports","content":"### 15 Health surveillance reports\n\n> > (1)  In this regulation –\n> > \n> > > ***health surveillance record*** means a record of health surveillance results that was, immediately before the 2012 commencement day, required to be kept in accordance with regulation 22(6) of the former regulations.\n> \n> > (2)  A health surveillance record is taken to be a health monitoring report for the purposes of [regulation 378](/view/html/inforce/2026-04-12/sr-2012-122#GS378@EN) of the new regulations.","sortOrder":20},{"sectionNumber":"16","sectionType":"section","heading":"Recurrence to be prevented","content":"### 16 Recurrence to be prevented\n\n> > (1)  This regulation applies in relation to an accident or incident that occurred before the 2012 commencement day and which caused, or had the potential to cause, serious injury or damage at a workplace.\n> \n> > (2)  If, immediately before the 2012 commencement day, regulation 63 of the former regulations had not been complied with in relation to an accident or incident, the person conducting a business or undertaking at the workplace at which the accident or incident occurred must as soon as reasonably practicable –\n> > \n> > > > (a) investigate the accident or incident to attempt to discover its cause; and\n> > > \n> > > > (b) identify and implement measures to prevent the accident or incident occurring again.\n> > \n> > Penalty:  Fine not exceeding 20 penalty units.","sortOrder":21},{"sectionNumber":"17","sectionType":"section","heading":"Codes of practice","content":"### 17 Codes of practice\n\n> The following codes of practice are prescribed for the purposes of [section 15](/view/html/inforce/2026-04-12/act-2012-002#GS15@EN) of the Act:\n> \n> > > (a) the Code of Practice for the Safe Use of Reinforced Plastics published by Workplace Standards Tasmania;\n> > \n> > > (b) the Code of Practice for Risk Management of Agricultural Shows and Carnivals published by Workplace Standards Tasmania;\n> > \n> > > (c) the Forest Safety Code (Tasmania) 2007, produced by the Safety Standards Committee, Tasmanian Forest Industries Training Board Inc;\n> > \n> > > (d) the Code of Practice for the Tasmanian Abalone Industry developed by the Tasmanian Abalone Council Ltd.","sortOrder":22},{"sectionNumber":"18","sectionType":"section","heading":"Legislation rescinded","content":"### 18 Legislation rescinded\n\n> The legislation specified in [Schedule 1](#JS1@EN) is rescinded.","sortOrder":23},{"sectionNumber":"SCHEDULE 1 - Legislation resci","sectionType":"part","heading":"SCHEDULE 1 - Legislation rescinded","content":"# SCHEDULE 1 - Legislation resci SCHEDULE 1 - Legislation rescinded\n\n[Regulation 18](#GS18@EN)\n\n| Work Health and Safety (Transitional) Regulations 2012 (No. 144 of 2012) |\n| Work Health and Safety (Transitional) Amendment Regulations 2013 (No. 123 of 2013) |\n| Work Health and Safety (Transitional) Amendment Regulations 2014 (No. 148 of 2014) |\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 30 November 2022\n\nThese regulations are administered in the Department of Justice.","sortOrder":24}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"These are transitional provisions that preserve or exempt certain legacy obligations and registrations rather than expand substantive regulatory scope. They convert prior plant registrations and health surveillance records to the new framework (regs 13, 15), create limited non‑application windows for duties (regs 4–9, 14), prescribe certain codes (reg 17) and rescind earlier transitional regulations (reg 18 and Schedule 1)."},"complexity_factors":["Extensive cross-references to the new regulations and to the former regulations (see regs 4–9, 13–15)","Multiple temporal cut‑offs tied to the 2012 commencement day and first/second anniversaries (regs 4–9, 13–14)","Numerous categories and defined roles (designer, importer, supplier, installer/constructor, designated person, person conducting a business or undertaking) (regs 3, 4–9)","Recognition and conversion of prior registrations and records into the new regulatory framework (regs 13–15)","Selective non‑application/exemptions and conditional applicability that depend on when processes commenced or were completed (regs 4–9, 14)","Prescribed codes, a specified penalty for failure to investigate/implement recurrence measures, and rescission of earlier transitional instruments (regs 16–18, Schedule 1)"],"plain_english_summary":"These regulations set transitional arrangements for the switch to the Work Health and Safety Regulations 2022. They temporarily exempt or recognise duties, registrations and records for designers, importers, suppliers, installers, businesses, inducted construction workers, divers and certain plant designs where work or registration pre-dated the 2012 commencement day or was completed within set one- or two-year cut‑offs. The regulator keeps responsibility for recognition and approved codes; affected parties carry timing and compliance risks under the specified cut‑offs."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on available text, the regulations appear to serve their stated transitional purpose without evidence of scope creep. They are narrowly focused on managing the legal changeover period for Tasmania's WHS framework, consistent with standard transitional instrument drafting practice."},"complexity_factors":["Limited substantive content available in the provided text — the full regulatory provisions are not reproduced, making complete analysis difficult","Transitional legislation by nature requires understanding of both the old and new legislative frameworks to fully interpret","Cross-references to the parent Work Health and Safety Act and prior regulations add layers for non-specialists","Tasmanian-specific regulatory context means federal WHS harmonisation history adds background complexity","Short operative lifespan and purpose-limited scope keeps overall complexity relatively low"],"plain_english_summary":"These transitional regulations preserve the effect of existing work health and safety licences, approvals, orders and obligations when Tasmania moved to a new WHS framework. They ensure employers, workers, regulators and holders of prior permits aren’t left with voided permissions or sudden reapplication duties, providing legal continuity and certainty during the changeover (in force 12 Dec 2022)."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original transitional purpose. It does not expand beyond managing the shift from pre-2012 workplace safety laws to the 2012 WHS regime. All provisions relate to grandfathering, recognition of prior approvals, or completion of transitional matters. The 2022 version appears to be a consolidation/re-enactment of earlier transitional regulations (rescinding the 2012, 2013 and 2014 versions) without expanding substantive scope."},"complexity_factors":["Heavy cross-referencing to external regulations (the 2012 WHS Regulations) with 20+ specific regulation citations","Multiple defined terms (7 in interpretation section, plus additional local definitions in Parts 2-6)","Time-based conditional logic with multiple cut-off dates (2012 commencement day, 1-2 year anniversaries, 1 January 2014)","Nested exceptions structure (duties don't apply if X, or if Y and Z)","Assumption of knowledge of 'former regulations' and 'former Act' without full context provided","Dual terminology (old system vs new system) requires reader to track parallel legal frameworks"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations manage the transition from Tasmania's old workplace safety laws to the new national Work Health and Safety (WHS) system that started in 2012. Think of it as a bridge between the old rules and the new ones.\n\n**Who it affects:**\n\n- **Designers, importers, suppliers, and installers** of machinery and buildings (called \"plant or structure\")\n- **Construction workers** who need safety training cards\n- **Divers** doing fishing or scientific work\n- **Businesses** that manufacture or register equipment designs\n- **Employers** who had workplace accidents before 2012 that they hadn't finished investigating\n\n**Key things it covers:**\n\n- **Grandfathering old work:** If you designed, imported, supplied, or installed equipment before 2012 (or started before 2012 and finished within 1-2 years), you don't have to meet the new safety duties for that work.\n- **Training cards:** Old Tasmanian construction safety cards from before 2012 still count under the new system.\n- **Diving qualifications:** Divers who did 60 hours of fishing or scientific diving in 2011-2012 automatically qualify under the new rules.\n- **Plant registration:** Equipment designs registered under the old system stay registered under the new one.\n- **Tree lopping:** Special rules for crane-based tree cutting don't apply until a safety code is approved.\n- **Health records:** Old medical monitoring records count as new-style health reports.\n- **Accident follow-up:** If you had a serious workplace accident before 2012 and hadn't finished investigating it, you still need to complete that investigation and fix the problem.\n\n**Why it matters:**\n\nWithout these rules, businesses could be caught between two legal systems—potentially facing penalties under new laws for work they did under old laws. These regulations provide certainty about which rules apply to work done during the transition period."}},"importantCases":[],"_links":{"self":"/api/acts/work-health-and-safety-transitional-regulations-2022","history":"/api/acts/work-health-and-safety-transitional-regulations-2022/history","analysis":"/api/acts/work-health-and-safety-transitional-regulations-2022/analysis","conflicts":"/api/acts/work-health-and-safety-transitional-regulations-2022/conflicts","importantCases":"/api/acts/work-health-and-safety-transitional-regulations-2022/important-cases","documents":"/api/acts/work-health-and-safety-transitional-regulations-2022/documents"}}