Accident Compensation (Occupational Health and Safety) Act 1996 (Victoria)

Mechanically, this Act transfers statutory powers, responsibilities, staff, registers, instruments and enforcement functions from several line Ministers, Departments and Director-Generals to the Victorian WorkCover Authority (the Authority). The transfer is implemented across four principal Acts: the Accident Compensation Act 1985, the Dangerous Goods Act 1985, the Equipment (Public Safety) Act 1994 and the Occupational Health and Safety Act 1985. The Act does three classes of things.

First, it amends the Accident Compensation Act 1985 to expand the Authority's objects and powers and to provide a financial/legal basis for the Authority to administer and recover fees and penalties under the other Acts. See amendments to s 18(2), s 19(b) and s 20C(1) of the Principal Act (Part 2, ss 4-6 and s 8, which inserts recovery and fee provisions into s 32). In particular s 32 is amended to specify that amounts recovered as penalties or paid as fees under the Occupational Health and Safety Act 1985, the Equipment (Public Safety) Act 1994 and the Dangerous Goods Act 1985 are captured into the Authority's receipts and, subject to specified regulation, are available for Authority administration (see s 32(3)(ba)-(bb) and s 32(3)(bc) as inserted).

Second, it directly amends the Dangerous Goods Act 1985, the Equipment (Public Safety) Act 1994 and the Occupational Health and Safety Act 1985 to substitute the Authority for references to Ministers, Departments, Secretaries, Director-Generals and other public service entities. These are extensive textual substitutions: for Dangerous Goods Act, see Part 3 Div 1 (ss 12-23), including the insertion of the Authority definition (s 13(a)) and substitution of "Authority" for "Minister" and "Director-General" in numerous provisions (s 14-22). For Equipment (Public Safety), see Part 4 Div 1 (ss 33-41), and for Occupational Health and Safety, see Part 5 Div 1 (ss 50-61). Across these amendments, inspectors, registers, licences, notices and other instruments issued under the existing statutory schemes are deemed by the Act to be issued by the Authority (see the transitional deeming provisions in each Part, e.g. Dangerous Goods ss 26-32; Equipment ss 44-49; Occupational Health and Safety ss 64-70).

Version No. 002 Accident Compensation (Occupational Health and Safety) Act 1996 No. 13 of 1996 Version incorporating amendments as at 19 October 2007 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1 Purposes 1 2 Commencement 1 PART 2—AMENDMENTS TO THE ACCIDENT COMPENSATION ACT 1985 3 Division 1—Amendments to the Accident Compensation Act 1985 3 3 Principal Act 3 4 Amendment of powers of Authority 3 5 Amendment of Authority's objectives 3 6 Amendment of section 20C 3 7 Amendment of section 21 4 8 Amendment of section 32 4 Division 2—Transitional provisions relating to staff 6 9 Determination of staff to be transferred 6 10 Transfer of staff 6 11 Supreme Court—limitation of jurisdiction 7 PART 3—AMENDMENTS TO THE DANGEROUS GOODS ACT 1985 8 Division 1—Amendments to the Dangerous Goods Act 1985 8 12 Principal Act 8 13 Amendment of definitions 8 14 Amendment of section 11 8 15 Amendment of powers of delegation 9 16 Section 16 repealed 9 17 Amendment of section 17 9 18 Amendment of section 40 9 i

Section Page 19 Amendment of section 42 9 20 Amendment of section 58 9 21 New section 61 inserted 10 61 Transfer of responsibilities 10 22 Amendment of references to Director-General 12 23 Statute law revision 14 Division 2—Transitional provisions 14 24 Definitions 14 25 Interpretation of Legislation Act 1984 not affected 15 26 Superseded references to Minister and Director-General 15 27 Proceedings in relation to Minister and Director-General 15 28 Documents etc issued by Director-General 16 29 Registers 17 30 Inspectors deemed to be inspectors appointed by Authority 17 31 Proceedings in relation to inspectors 18 32 Documents etc issued by inspector 18 PART 4—AMENDMENTS TO THE EQUIPMENT (PUBLIC SAFETY) ACT 1994 19 Division 1—Amendments to the Equipment (Public Safety) Act 1994 19 33 Principal Act 19 34 Definition inserted 19 35 Amendment of section 12 19 36 Amendment of section 13 19 37 Amendment of section 28 19 38 Amendment of section 29 20 39 Amendment of section 33 20 40 Amendment of section 36 20 41 Amendment of Schedule 20 Division 2—Transitional provisions 21 42 Definition 21 43 Interpretation of Legislation Act 1984 not affected 21 44 Superseded references 21 45 Proceedings in relation to Minister 21 46 Documents etc issued by Minister 22 47 Inspectors deemed to be inspectors appointed by Authority 23 48 Proceedings in relation to inspectors 23 49 Documents etc issued by inspector 24 ii

Section Page PART 5—AMENDMENTS TO THE OCCUPATIONAL HEALTH AND SAFETY ACT 1985 25 Division 1—Amendments to the Occupational Health and Safety Act 1985 25 50 Principal Act 25 51 Definition inserted 25 52 Amendment of section 8 25 53 Amendments relating to obtaining information 25 54 Amendments relating to designated work groups and health and safety representatives 26 55 Amendment of section 38 26 56 Amendment of section 39 27 57 Amendments relating to proceedings for offences 27 58 Amendment of section 50 27 59 Amendment of section 55 27 60 Amendments relating to regulations 27 61 New section 60 inserted 28 60 Transfer of responsibilities 28 Division 2—Transitional provisions 31 62 Definitions 31 63 Interpretation of Legislation Act 1984 not affected 32 64 Superseded references 32 65 Proceedings in relation to the Minister 33 66 Documents etc. issued by Minister, Secretary and Department 33 67 Information under section 9 34 68 Inspectors deemed to be inspectors appointed by Authority 34 69 Proceedings in relation to inspectors 35 70 Documents etc issued by inspector 35 ═══════════════ ENDNOTES 36

General Information 36
Table of Amendments 37
Explanatory Details 38 iii

Version No. 002 Accident Compensation (Occupational Health and Safety) Act 1996 No. 13 of 1996 Version incorporating amendments as at 19 October 2007 The Parliament of Victoria enacts as follows: PART 1—PRELIMINARY 1 Purposes The main purposes of this Act are— (a) to transfer various responsibilities in relation to the administration of the Dangerous Goods Act 1985, the Equipment (Public Safety) Act 1994 and the Occupational Health and Safety Act 1985 to the Victorian WorkCover Authority; and (b) to provide for the transfer of staff involved in administering those Acts to the Victorian WorkCover Authority; and (c) to amend the Accident Compensation Act 1985, the Dangerous Goods Act 1985, the Equipment (Public Safety) Act 1994 and the Occupational Health and Safety Act 1985. 2 Commencement (1) This Part and section 9 come into operation on the day on which this Act receives the Royal Assent. (2) Subject to subsection (2), the remaining provisions of this Act come into operation on a day to be proclaimed. 1

Part 1—Preliminary Accident Compensation (Occupational Health and Safety) Act 1996 No. 13 of 1996 s. 2 (3) If a provision referred to in subsection (2) does not come into operation within a period of 6 months beginning on and including the day on which this Act receives the Royal Assent, it comes into operation on the first day after the end of that period. (4) The day fixed by proclamation for the commencement of the remaining provisions of this Act is 2 July 1996. S. 2(4) inserted by No. 60/1996 s. 33.

Part 2—Amendments to the Accident Compensation Act 1985 Accident Compensation (Occupational Health and Safety) Act 1996 No. 13 of 1996 s. 3 PART 2—AMENDMENTS TO THE ACCIDENT COMPENSATION ACT 1985 Division 1—Amendments to the Accident Compensation Act 1985 3 Principal Act In this Part the Accident Compensation Act 1985 is called the Principal Act. Act No. 10191. Reprinted to No. 42/1995 and subsequently amended by Nos 85/1995, 98/1995 and 100/1995. 4 Amendment of powers of Authority In section 18(2) of the Principal Act— (a) in paragraph (d), after "under this Act" insert "or any other Act"; and (b) in paragraph (e), after "under this Act" insert "or any other Act". 5 Amendment of Authority's objectives In section 19(b) of the Principal Act, after "the Workers Compensation Act 1958" insert ", the Occupational Health and Safety Act 1985, the Equipment (Public Safety) Act 1994, the Dangerous Goods Act 1985". 6 Amendment of section 20C In section 20C(1) of the Principal Act, for "or the Accident Compensation (WorkCover Insurance) Act 1993" substitute ", the Accident Compensation (WorkCover Insurance) Act 1993, the Occupational Health and Safety Act 1985, the Equipment (Public Safety) Act 1994, the Dangerous Goods Act 1985, the Mines Act 3

Part 2—Amendments to the Accident Compensation Act 1985 Accident Compensation (Occupational Health and Safety) Act 1996 No. 13 of 1996 s. 7 1958 and the Road Transport (Dangerous Goods) Act 1995". 7 Amendment of section 21 After section 21(9) of the Principal Act insert— "(10) A delegation must not be made under this section to any person, other than an officer or employee of the Authority, in respect of any power, function, authority or discretion to which section 14 of the Dangerous Goods Act 1985 applies.". 8 Amendment of section 32 (1) After section 32(3)(b) of the Principal Act insert— "(ba) any amount— (i) recovered as a penalty for an offence against the Occupational Health and Safety Act 1985, the Equipment (Public Safety) Act 1994, the Dangerous Goods Act 1985, the Mines Act 1958 or the Road Transport (Dangerous Goods) Act 1995 or the regulations made under any of those Acts if the proceedings were brought by or on behalf of the Authority or by an inspector appointed by the Authority under any of those Acts; or (ii) received as payment for a penalty for an offence against any of the Acts specified in subparagraph (i) or the regulations made under any of those Acts for which an infringement notice has been issued; 4

Part 2—Amendments to the Accident Compensation Act 1985 Accident Compensation (Occupational Health and Safety) Act 1996 No. 13 of 1996 s. 8 (bb) any fee payable under— (i) the Occupational Health and Safety Act 1985 or the Equipment (Public Safety) Act 1994 or regulations made under either of those Acts, unless the regulations made under either of those Acts provide that those fees are otherwise payable; and (ii) the Dangerous Goods Act 1985 or the Road Transport (Dangerous Goods) Act 1995 and the regulations made under those Acts; (bc) any amount certified by the Treasurer, after consultation with the Minister, as a contribution from the Consolidated Fund to the costs and expenses of or incidental to the administration by the Authority of the Occupational Health and Safety Act 1985, the Equipment (Public Safety) Act 1994, the Dangerous Goods Act 1985, the Mines Act 1958 and the Road Transport (Dangerous Goods) Act 1995;". (2) In section 32(4) of the Principal Act— (a) in paragraph (a), after "other Act" insert "or any regulation made under this or any other Act"; (b) paragraph (c) is repealed. (3) In section 32(7) of the Principal Act, after "this Act" insert "or any other Act". 5

Part 2—Amendments to the Accident Compensation Act 1985 Accident Compensation (Occupational Health and Safety) Act 1996 No. 13 of 1996 s. 9 Division 2—Transitional provisions relating to staff 9 Determination of staff to be transferred The Minister administering the Principal Act must designate in writing the officers and employees of the public service who are employed in the administration and enforcement of the Occupational Health and Safety Act 1985, the Dangerous Goods Act 1985 or the Equipment (Public Safety) Act 1994 who are to become officers and employees of the Authority under section 10. 10 Transfer of staff (1) On and from the commencement of this section, any officer or employee designated under section 9— (a) is deemed to have been appointed by the Authority under section 22 of the Principal Act; and (b) is entitled to remuneration, terms and conditions determined by the Minister administering the Principal Act to be no less favourable than those which he or she received or was entitled to receive immediately before that commencement as such an officer or employee; and (c) retains any entitlement to long service leave, annual leave, sick leave or maternity leave accrued or accruing to that person immediately before that commencement; and (d) ceases to be an officer or employee of the public service. (2) Section 22(3) of the Principal Act applies to a person deemed under subsection (1) to have been appointed by the Authority. 6

Part 2—Amendments to the Accident Compensation Act 1985 Accident Compensation (Occupational Health and Safety) Act 1996 No. 13 of 1996 s. 11 (3) A person is not entitled to any compensation as a result of the person ceasing to be an officer or employee of the public service by virtue of this section. 11 Supreme Court—limitation of jurisdiction It is the intention of section 10(3) to alter or vary section 85 of the Constitution Act 1975.

Part 3—Amendments to the Dangerous Goods Act 1985 Accident Compensation (Occupational Health and Safety) Act 1996 No. 13 of 1996 s. 12 PART 3—AMENDMENTS TO THE DANGEROUS GOODS ACT 1985 Division 1—Amendments to the Dangerous Goods Act 1985 12 Principal Act In this Part the Dangerous Goods Act 1985 is called the Principal Act. Act No. 10189. Reprinted to No. 31/1995 and subsequently amended by Nos 67/1995, 78/1995 and 82/1995. 13 Amendment of definitions In section 3(1) of the Principal Act— (a) insert— "Authority means the Victorian WorkCover Authority established under section 18 of the Accident Compensation Act 1985;"; (b) the definition of Director-General is repealed. 14 Amendment of section 11 In section 11 of the Principal Act— (a) in subsection (1)— (i) for "Minister" substitute "Authority"; and (ii) for "public service" substitute "Authority"; (b) in subsection (2), for "Minister" substitute "Authority"; (c) in subsection (3), for "Director-General" substitute "Authority". 8

Part 3—Amendments to the Dangerous Goods Act 1985 Accident Compensation (Occupational Health and Safety) Act 1996 No. 13 of 1996 s. 15 15 Amendment of powers of delegation In section 14 of the Principal Act, for "Director-General" (wherever occurring), substitute "Authority". 16 Section 16 repealed Section 16 of the Principal Act is repealed. 17 Amendment of section 17 After section 17(6) of the Principal Act insert— "(7) An inspector is authorised to take affidavits for any purpose relating to or incidental to the exercise of the inspector's powers, authorities or discretions or the discharge of the inspector's functions.". 18 Amendment of section 40 (1) In section 40(1) of the Principal Act, for "Minister" substitute "Authority". (2) In section 40(2) of the Principal Act, for "to inspectors," substitute "to the Authority, to inspectors". 19 Amendment of section 42 (1) In section 42 of the Principal Act— (a) for "Director-General" (where first occurring) substitute "Chief Executive of the Authority"; and (b) for "Director-General" (where secondly occurring) substitute "Chief Executive". (2) In section 42(b) and (c) of the Principal Act, for "Director-General" (wherever occurring) substitute "Authority". 20 Amendment of section 58 In section 58(2) of the Principal Act, for "his or her Department" substitute "the Authority". 9

Part 3—Amendments to the Dangerous Goods Act 1985 Accident Compensation (Occupational Health and Safety) Act 1996 No. 13 of 1996 s. 21 21 New section 61 inserted After section 60 of the Principal Act insert— "61 Transfer of responsibilities (1) In this section— relevant Director-General means the Secretary to the Department of Energy and Minerals, the Secretary to the Department of Agriculture, Energy and Minerals or the Secretary to the Department of Natural Resources and Environment; relevant Minister means the Minister for the time being administering the Petroleum (Submerged Lands) Act 1982. (2) Despite anything to the contrary in this Act, the relevant Minister has direct and primary concern and responsibility for the administration of this Act and may exercise for that purpose all the powers and functions of the Minister or the Authority under this Act or the regulations with respect to activities carried out under— (a) the Petroleum (Submerged Lands) Act 1967 of the Commonwealth; and (b) the Petroleum (Submerged Lands) Act 1982. (3) For the purposes of subsection (2) and only for those purposes, this Act applies as if— (a) any reference in any other section of this Act or the regulations to the Minister or to the Authority (including any reference deemed to be a reference to the Authority) or to the relevant 10

Part 3—Amendments to the Dangerous Goods Act 1985 Accident Compensation (Occupational Health and Safety) Act 1996 No. 13 of 1996 s. 21 Director-General were a reference to the relevant Minister; and (b) any reference in any other section of this Act or the regulations to an officer or employee of the Authority were a reference to an officer or employee of the public service. (4) Subsection (2) does not apply to any power or function or responsibility of the Minister relating to codes of practice or the making of regulations. (5) On and after the commencement of section 21 of the Accident Compensation (Occupational Health and Safety) Act 1996— (a) any delegation or other instrument or other document made, issued or given under this Act or the regulations before that commencement by the relevant Director-General is deemed to have been made, issued or given by the relevant Minister; (b) any action taken or decision made under this Act or the regulations before that commencement by the relevant Director-General is deemed to have been taken or made by the relevant Minister; (c) any application made or notification given to the relevant Director-General under this Act or the regulations before that commencement is deemed to be an application made or notification given to the relevant Minister; 11

Part 3—Amendments to the Dangerous Goods Act 1985 Accident Compensation (Occupational Health and Safety) Act 1996 No. 13 of 1996 s. 22 (d) the relevant Minister may continue and complete any other continuing matter or thing commenced by or against the relevant Director-General under this Act or the regulations and existing immediately before that commencement. (6) Nothing in this section or any other section of this Act affects the appointment of or any notice given by or proceedings begun under this Act or the regulations by or against or in relation to an inspector appointed by the relevant Minister before the commencement of section 21 of the Accident Compensation (Occupational Health and Safety) Act 1996.". 22 Amendment of references to Director-General In the Principal Act— (a) in section 10(2), for "Director-General" substitute "Authority"; (b) in section 10A(1), for "Director-General" (where twice occurring) substitute "Authority"; (c) in section 13(1), for "Director-General" substitute "Authority"; (d) in section 15, for "Director-General" substitute "Authority"; (e) in section 17A(1), for "Director-General" substitute "Authority"; (f) in section 18, for "Director-General" (wherever occurring) substitute "Authority"; (g) in section 21, for "Director-General" (wherever occurring) substitute "Authority"; 12

Part 3—Amendments to the Dangerous Goods Act 1985 Accident Compensation (Occupational Health and Safety) Act 1996 No. 13 of 1996 s. 22 (h) in section 22, for "Director-General" (where twice occurring) substitute "Authority"; (i) in section 23, for "Director-General" (wherever occurring) substitute "Authority"; (j) in section 24, for "Director-General" (wherever occurring) substitute "Authority"; (k) in section 25, for "Director-General" (where twice occurring) substitute "Authority"; (l) in section 26, for "Director-General" substitute "Authority"; (m) in section 27, for "Director-General" (where twice occurring) substitute "Authority"; (n) in section 28, for "Director-General" (where twice occurring) substitute "Authority"; (o) in section 29, for "Director-General" substitute "Authority"; (p) in section 33, for "Director-General" (where twice occurring) substitute "Authority"; (q) in section 48(2), for "Director-General" substitute "Authority"; (r) in section 51, for "Director-General" (where twice occurring) substitute "Authority"; (s) in section 54— (i) for "Director-General" (where twice occurring) substitute "Authority"; and (ii) in subsection (5), for "Director-General's" substitute "Authority's"; (t) in Schedule 2— (i) in clause 23, for "Director-General" substitute "Authority"; and 13

Part 3—Amendments to the Dangerous Goods Act 1985 Accident Compensation (Occupational Health and Safety) Act 1996 No. 13 of 1996 s. 23 (ii) in clause 26, for "Director-General" substitute "Authority". 23 Statute law revision In the Principal Act— (a) in section 9(e), omit "applies" where secondly occurring; (b) in section 20(1)— (i) for "(a)" (where secondly occurring) substitute "(h)"; and (ii) for "(b)" (where secondly occurring) substitute "(i)"; (c) in section 45A(a)(ii), for "of both" substitute "or both". Division 2—Transitional provisions 24 Definitions In this Division— Director-General has the same meaning as it has in the Principal Act as in force at any time before the commencement of Division 1 of this Part, having regard to any Order made under the Administrative Arrangements Act 1983 but does not include the relevant Director-General within the meaning of section 61 of the Principal Act; former inspector means an inspector appointed under section 11 of the Principal Act as in force immediately before the commencement of Division 1 of this Part but does not include an inspector appointed by the relevant Minister within the meaning of section 61 of the Principal Act; 14

Part 3—Amendments to the Dangerous Goods Act 1985 Accident Compensation (Occupational Health and Safety) Act 1996 No. 13 of 1996 s. 25 Minister does not include the relevant Minister within the meaning of section 61 of the Principal Act. 25 Interpretation of Legislation Act 1984 not affected Nothing in this Division affects or takes away from the Interpretation of Legislation Act 1984. 26 Superseded references to Minister and Director-General (1) On the commencement of this section, a reference in the regulations made under the Principal Act or any instrument or other document made, issued, served or given under the Principal Act or the regulations made under that Act— (a) to the Minister is deemed to be a reference to the Authority; and (b) to the Director-General is deemed to be a reference to the Authority. (2) Subsection (1) does not apply to— (a) any guidelines issued by the Minister under section 40(2) of the Principal Act; or (b) any code of practice approved by the Minister or notice caused to be published by the Minister under section 56 of the Principal Act. 27 Proceedings in relation to Minister and Director-General (1) On the commencement of this section, the Authority is substituted for the Minister or the Director-General as a party in any proceedings commenced or made by or against or in relation to the Minister or the Director-General under the Principal Act or the regulations made under that Act and existing immediately before that commencement. 15

Part 3—Amendments to the Dangerous Goods Act 1985 Accident Compensation (Occupational Health and Safety) Act 1996 No. 13 of 1996 s. 28 (2) On the commencement of this section, any application made or notification given to the Director-General under the Principal Act or the regulations made under that Act before that commencement is deemed to be an application made or notification given to the Authority. (3) On and after the commencement of this section, the Authority may continue and complete any other continuing matter or thing commenced by or against or in relation to the Director-General under the Principal Act or the regulations made under that Act and existing immediately before that commencement. 28 Documents etc issued by Director-General (1) On and after the commencement of this section— (a) any notice, licence, certificate, requirement, request, direction, determination, declaration, specification, registration, authorisation, endorsement, waiver, approval, delegation, condition, consent, exemption or other instrument or document issued, served, made or given under the Principal Act or the regulations made under the Principal Act by the Director-General or the Minister is deemed to have been issued, served, made or given by the Authority; and (b) any action taken or decision made under the Principal Act or the regulations made under the Principal Act by the Director-General or the Minister is deemed to have been taken or made by the Authority. (2) This section does not apply to — (a) any guidelines issued by the Minister under section 40(2) of the Principal Act; or 16

Part 3—Amendments to the Dangerous Goods Act 1985 Accident Compensation (Occupational Health and Safety) Act 1996 No. 13 of 1996 s. 29 (b) any code of practice approved by the Minister or notice caused to be published by the Minister under section 56 of the Principal Act. 29 Registers (1) On the commencement of this section, the register established by the Director-General under section 54 of the Principal Act is deemed to be the register established under that section by the Authority. (2) On the commencement of this section, any other register established by the Director-General under the Principal Act or the regulations made under that Act is deemed to be a register established by the Authority. 30 Inspectors deemed to be inspectors appointed by Authority On and after the commencement of this section— (a) each former inspector holding office immediately before that commencement is deemed to be an inspector appointed by the Authority under section 11 of the Principal Act as amended by Division 1 of this Part; and (b) a certificate of appointment furnished by the Minister under section 11 of the Principal Act in respect of the appointment of a former inspector is deemed to be a certificate of appointment furnished by the Authority under section 11 as amended by Division 1 of this Part; and (c) an identification card issued to a former inspector by the Director-General under section 13 of the Principal Act is deemed to be an identification card issued to an 17

Part 3—Amendments to the Dangerous Goods Act 1985 Accident Compensation (Occupational Health and Safety) Act 1996 No. 13 of 1996 s. 31 inspector by the Authority under that section as amended by Division 1 of this Part. 31 Proceedings in relation to inspectors On and after the commencement of this section, an inspector appointed by the Authority may continue and complete any proceedings under the Principal Act or the regulations made under that Act commenced or made by or against or in relation to a former inspector and existing immediately before that commencement. 32 Documents etc issued by inspector On and after the commencement of this section— (a) any notice, direction, authorisation, request, requirement, prohibition, exemption, approval, permission or other instrument or document issued, served, made or given by a former inspector under the Principal Act or the regulations made under that Act is deemed to have been issued, served, made or given by an inspector appointed by the Authority; and (b) any action taken or decision made under the Principal Act or the regulations made under that Act by a former inspector is deemed to have been taken or made by an inspector appointed by the Authority.

Part 4—Amendments to the Equipment (Public Safety) Act 1994 Accident Compensation (Occupational Health and Safety) Act 1996 No. 13 of 1996 s. 33 PART 4—AMENDMENTS TO THE EQUIPMENT (PUBLIC SAFETY) ACT 1994 Division 1—Amendments to the Equipment (Public Safety) Act 1994 33 Principal Act In this Part the Equipment (Public Safety) Act 1994 is called the Principal Act. Act No. 21/1994. 34 Definition inserted In section 3(1) of the Principal Act, insert— "Authority means the Victorian WorkCover Authority established under section 18 of the Accident Compensation Act 1985;". 35 Amendment of section 12 (1) In section 12 of the Principal Act, for "Minister" (wherever occurring) substitute "Authority". (2) In section 12(1) of the Principal Act, for "public service" substitute "Authority". 36 Amendment of section 13 After section 13(2) of the Principal Act insert— "(3) An inspector is authorised to take affidavits for any purpose relating to or incidental to the exercise of the inspector's powers or the performance of the inspector's duties.". 37 Amendment of section 28 In section 28 of the Principal Act— (a) in subsection (1), for "Minister" substitute "Authority"; (b) in subsection (2), for "Minister" substitute "Authority"; 19

Part 4—Amendments to the Equipment (Public Safety) Act 1994 Accident Compensation (Occupational Health and Safety) Act 1996 No. 13 of 1996 s. 38 (c) in subsection (5) after "must issue" insert "to the Authority and". 38 Amendment of section 29 In section 29 of the Principal Act— (a) for "the Secretary to the Department of Business and Employment" substitute "the Chief Executive of the Authority"; (b) for "the Secretary" (where secondly occurring) substitute "the Chief Executive of the Authority". 39 Amendment of section 33 In section 33(5) of the Principal Act, for "Department of Business and Employment" substitute "Authority". 40 Amendment of section 36 (1) In section 36(4) of the Principal Act— (a) in paragraph (d), for "Minister, the Secretary to the Department of Business and Employment" substitute "Authority"; (b) in paragraph (e), for "Minister" substitute "Authority"; (c) in paragraph (f), for "Minister, the Secretary to the Department of Business and Employment" substitute "Authority". (2) In section 36 of the Principal Act, subsection (7) is repealed. 41 Amendment of Schedule In the Schedule to the Principal Act, in clause 9, for "Minister" substitute "Authority". 20

Part 4—Amendments to the Equipment (Public Safety) Act 1994 Accident Compensation (Occupational Health and Safety) Act 1996 No. 13 of 1996 s. 42 Division 2—Transitional provisions 42 Definition In this Division— former inspector means an inspector under section 12 of the Principal Act as in force immediately before the commencement of Division 1 of this Part. 43 Interpretation of Legislation Act 1984 not affected Nothing in this Division affects or takes away from the Interpretation of Legislation Act 1984. 44 Superseded references (1) On the commencement of this section, a reference in the regulations made under the Principal Act or any instrument or other document issued, served, made or given under the Principal Act or the regulations made under that Act to the Minister is deemed to be a reference to the Authority. (2) Subsection (1) does not apply to— (a) any guidelines issued by the Minister under section 28(5) of the Principal Act; or (b) any code of practice approved by the Minister or notice caused to be published by the Minister under section 33 of the Principal Act. 45 Proceedings in relation to Minister (1) On the commencement of this section, the Authority is substituted for the Minister as a party in any proceedings commenced or made by or against or in relation to the Minister under the Principal Act or the regulations made under that Act and existing immediately before that commencement. 21

Part 4—Amendments to the Equipment (Public Safety) Act 1994 Accident Compensation (Occupational Health and Safety) Act 1996 No. 13 of 1996 s. 46 (2) On the commencement of this section, any application made or notification, notice or request given to the Minister under the Principal Act or the regulations made under that Act is deemed to be an application made or notification, notice or request given to the Authority. (3) On and after the commencement of this section, the Authority may continue and complete any other continuing matter or thing commenced by or against or in relation to the Minister under the Principal Act or the regulations made under that Act and existing immediately before that commencement. 46 Documents etc issued by Minister (1) On and after the commencement of this section— (a) any confirmation, condition, exemption, notice, requirement, determination, approval or other instrument or document issued, served, granted, made or given under the Principal Act or the regulations made under the Principal Act by the Minister is deemed to have been issued, served, granted, made or given by the Authority; and (b) any action taken or decision made under the Principal Act or the regulations made under the Principal Act by the Minister is deemed to have been taken or made by the Authority. (2) This section does not apply to— (a) any guidelines issued by the Minister under section 28(5) of the Principal Act; or (b) any code of practice approved by the Minister or notice caused to be published by the Minister under section 33 of the Principal Act. 22

Part 4—Amendments to the Equipment (Public Safety) Act 1994 Accident Compensation (Occupational Health and Safety) Act 1996 No. 13 of 1996 s. 47 47 Inspectors deemed to be inspectors appointed by Authority On and after the commencement of this section— (a) any former inspector holding office immediately before that commencement is deemed to be an inspector appointed by the Authority under section 12 of the Principal Act as amended by Division 1 of this Part; and (b) a certificate of appointment provided by the Minister under section 12 of the Principal Act in respect of the appointment of a former inspector is deemed to be a certificate of appointment provided by the Authority under that section as amended by Division 1 of this Part; and (c) an identification card provided to a former inspector by the Minister under section 12 of the Principal Act is deemed to be an identification card provided to an inspector by the Authority under that section as amended by Division 1 of this Part. 48 Proceedings in relation to inspectors On and after the commencement of this section, an inspector appointed by the Authority may continue and complete any proceedings under the Principal Act or the regulations made under that Act commenced or made by or against or in relation to a former inspector and existing immediately before that commencement. 23

Part 4—Amendments to the Equipment (Public Safety) Act 1994 Accident Compensation (Occupational Health and Safety) Act 1996 No. 13 of 1996 s. 49 49 Documents etc issued by inspector On and after the commencement of this section— (a) any notice, requirement, direction or other instrument or document issued, served, made or given by a former inspector under the Principal Act or the regulations made under that Act is deemed to have been issued, served, made or given by an inspector appointed by the Authority; and (b) any action taken or decision made under the Principal Act or the regulations made under that Act by a former inspector is deemed to have been taken by an inspector appointed by the Authority.

Part 5—Amendments to the Occupational Health and Safety Act 1985 Accident Compensation (Occupational Health and Safety) Act 1996 No. 13 of 1996 s. 50 PART 5—AMENDMENTS TO THE OCCUPATIONAL HEALTH AND SAFETY ACT 1985 Division 1—Amendments to the Occupational Health and Safety Act 1985 50 Principal Act In this Part the Occupational Health and Safety Act 1985 is called the Principal Act. Act No. 10190. Reprinted to No. 78/1993 and subsequently amended by Nos 21/1994 and 78/1995. 51 Definition inserted In section 4 of the Principal Act— (a) insert— "Authority means the Victorian WorkCover Authority established under section 18 of the Accident Compensation Act 1985;"; (b) the definition of Department is repealed. 52 Amendment of section 8 In section 8 of the Principal Act, for "Department" (wherever occurring) substitute "Authority". 53 Amendments relating to obtaining information (1) In section 9 of the Principal Act, for "Department" substitute "Authority". (2) In section 10(9) of the Principal Act, for "member of the Department" substitute "Director of the Board of Management of the Authority or officer or employee of the Authority". 25

Part 5—Amendments to the Occupational Health and Safety Act 1985 Accident Compensation (Occupational Health and Safety) Act 1996 No. 13 of 1996 s. 54 (3) In section 10 of the Principal Act, for "Department" (wherever occurring) substitute "Authority". (4) After section 10(10) of the Principal Act insert— "(11) Section 243 of the Accident Compensation Act 1985 does not apply to any information furnished to the Authority under section 9 of this Act.". 54 Amendments relating to designated work groups and health and safety representatives (1) In section 29 of the Principal Act, for "Minister" (where twice occurring) substitute "Authority". (2) In section 30 of the Principal Act— (a) in subsection (3), for "Minister to appoint an officer of the public service" substitute "Authority to appoint a person"; (b) in subsection (4), for "Minister may appoint an officer of the public service" substitute "Authority may appoint any person". (3) In section 31(2)(d) of the Principal Act, for "approved by the or conducted by the Department" substitute "approved by or conducted by the Authority". 55 Amendment of section 38 In section 38 of the Principal Act— (a) for "Minister" (wherever occurring) substitute "Authority"; (b) in subsection (1), for "public service" substitute "Authority". 26

Part 5—Amendments to the Occupational Health and Safety Act 1985 Accident Compensation (Occupational Health and Safety) Act 1996 No. 13 of 1996 s. 56 56 Amendment of section 39 After section 39(2) of the Principal Act insert— "(3) An inspector is authorised to take affidavits for any purpose relating to or incidental to the exercise of the inspector's powers or the performance of the inspector's duties.". 57 Amendments relating to proceedings for offences (1) In section 48 of the Principal Act— (a) in subsection (1), for "Minister" substitute "Authority"; (b) in subsection (2), for "Minister" substitute "Authority"; (c) in subsection (5) after "shall issue" insert "to the Authority and". (2) In section 49 of the Principal Act, for "Minister" (wherever occurring) substitute "Authority". 58 Amendment of section 50 In section 50 of the Principal Act, for "the Secretary to the Department" (where twice occurring) substitute "the Chief Executive of the Authority". 59 Amendment of section 55 In section 55(5) of the Principal Act, for "Department" substitute "Authority". 60 Amendments relating to regulations (1) In section 59 of the Principal Act— (a) in subsection (3)(d), for "Minister, the Secretary to the Department, the Department" substitute "Authority"; (b) in subsection (3)(e), for "Minister" substitute "Authority"; 27

Part 5—Amendments to the Occupational Health and Safety Act 1985 Accident Compensation (Occupational Health and Safety) Act 1996 No. 13 of 1996 s. 61 (c) in subsection (3)(f), for "Minister, the Secretary to the Department" substitute "Authority"; (d) in subsection (5)— (i) for "Minister" substitute "Authority"; and (ii) for "Department" substitute "Authority"; (e) subsection (6A) is repealed. (2) In Schedule One to the Principal Act— (a) in clause 8, for "Minister" substitute "Authority"; and (b) in clause 40, for "Minister" substitute "Authority". 61 New section 60 inserted After section 59 of the Principal Act insert— "60 Transfer of responsibilities (1) In this section— relevant Department means the Department of Energy and Minerals, the Department of Agriculture, Energy and Minerals or the Department of Natural Resources and Environment; relevant Minister means the Minister for the time being administering the Petroleum (Submerged Lands) Act 1982; relevant Secretary means the Secretary to the Department of Energy and Minerals, the Secretary to the Department of Agriculture, Energy and Minerals or the Secretary to the 28

Part 5—Amendments to the Occupational Health and Safety Act 1985 Accident Compensation (Occupational Health and Safety) Act 1996 No. 13 of 1996 s. 61 Department of Natural Resources and Environment. (2) Despite anything to the contrary in this Act, the relevant Minister has direct and primary concern and responsibility for the administration of this Act and may exercise for that purpose all the powers and functions of the Minister or the Authority under this Act or the regulations with respect to activities carried out under— (a) the Petroleum (Submerged Lands) Act 1967 of the Commonwealth; and (b) the Petroleum (Submerged Lands) Act 1982; and (c) if an Order under subsection (4) so specifies, the Extractive Industries Development Act 1995. (3) For the purposes of subsection (2) and only for those purposes, this Act applies as if— (a) any reference in this Act or the regulations to the Minister or to the Authority (including any reference deemed to be a reference to the Authority) or to the relevant Secretary or to the relevant Department were a reference to the Minister; and (b) any reference to an officer or employee of the Authority were a reference to an officer or employee of the public service. (4) The Governor in Council may, by Order published in the Government Gazette, specify the Extractive Industries Development Act 1995 as an Act to which subsection (2) applies. 29

Part 5—Amendments to the Occupational Health and Safety Act 1985 Accident Compensation (Occupational Health and Safety) Act 1996 No. 13 of 1996 s. 61 (5) Subsection (2) does not apply to any power or function or responsibility of the Minister relating to codes of practice or to the making of regulations. (6) On and after the commencement of section 61 of the Accident Compensation (Occupational Health and Safety) Act 1996— (a) any delegation or other instrument or other document made, issued or given under this Act or the regulations before that commencement by the relevant Secretary or the relevant Department is deemed to have been made, issued or given by the relevant Minister; (b) any action taken or decision made under this Act or the regulations before that commencement by the relevant Secretary or the relevant Department is deemed to have been taken or made by the relevant Minister; (c) any application made or notification given to the relevant Secretary or the relevant Department under this Act or the regulations before that commencement is deemed to be an application made or notification given to the relevant Minister; (d) the relevant Minister may continue and complete any other continuing matter or thing commenced by or against the relevant Secretary or the relevant Department under this Act or the regulations and existing immediately before that commencement. 30

Part 5—Amendments to the Occupational Health and Safety Act 1985 Accident Compensation (Occupational Health and Safety) Act 1996 No. 13 of 1996 s. 62 (7) Nothing in this section or any other section of this Act affects the appointment of or any notice given by or proceedings begun under this Act or the regulations by or against or in relation to an inspector appointed by the relevant Minister before the commencement of section 61 of the Accident Compensation (Occupational Health and Safety) Act 1996.". Division 2—Transitional provisions 62 Definitions In this Division— Department has the same meaning as it has in the Principal Act as in force at any time before the commencement of Division 1 of this Part, having regard to any Order made under the Administrative Arrangements Act 1983 but does not include the relevant Department within the meaning of section 60 of the Principal Act; former inspector means an inspector appointed under section 38 of the Principal Act as in force immediately before the commencement of Division 1 of this Part but does not include an inspector appointed by the relevant Minister within the meaning of section 60 of the Principal Act; Secretary has the same meaning as Secretary or Director-General has or had in the Principal Act as in force at any time before the commencement of Division 1 of this Part, having regard to any Order made under the Administrative Arrangements Act 1983, but does not include the relevant Secretary within the meaning of section 60 of the Principal Act. 31

Part 5—Amendments to the Occupational Health and Safety Act 1985 Accident Compensation (Occupational Health and Safety) Act 1996 No. 13 of 1996 s. 63 63 Interpretation of Legislation Act 1984 not affected Nothing in this Division affects or takes away from the Interpretation of Legislation Act 1984. 64 Superseded references (1) Subject to subsections (2) and (3), on the commencement of this section, a reference in the regulations made under the Principal Act or any instrument or other document made, issued, served or given under the Principal Act or the regulations made under that Act— (a) to the Minister is deemed to be a reference to the Authority; and (b) to the Department is deemed to be a reference to the Authority; and (c) to the Secretary is deemed to be a reference to the Authority. (2) On the commencement of this section, in the following regulations, a reference to the Minister is deemed to be a reference to the Administrative Appeals Tribunal— (a) regulation 36 of the Occupational Health and Safety (Asbestos) Regulations 1992; (b) regulation 16 of the Occupational Health and Safety (Noise) Regulations 1992. (3) Subsection (1) does not apply to— (a) any guidelines issued by the Minister under section 48(5) of the Principal Act; or (b) any code of practice approved by the Minister or notice caused to be published by the Minister under section 55 of the Principal Act. 32

Part 5—Amendments to the Occupational Health and Safety Act 1985 Accident Compensation (Occupational Health and Safety) Act 1996 No. 13 of 1996 s. 65 65 Proceedings in relation to the Minister (1) On the commencement of this section, the Authority is substituted for the Minister as a party in any proceedings commenced or made by or against or in relation to the Minister under the Principal Act or the regulations made under that Act and existing immediately before that commencement. (2) On the commencement of this section, any application made or notification, notice or request given to the Minister, the Secretary or the Department under the Principal Act or the regulations made under that Act is deemed to be an application made or notification, notice or request given to the Authority. (3) On and after the commencement of this section, the Authority may continue and complete any other continuing matter or thing commenced by or against or in relation to the Minister under that Principal Act or the regulations made under that Act and existing immediately before that commencement. 66 Documents etc. issued by Minister, Secretary and Department (1) On and after the commencement of this section— (a) any notice, requirement, determination, approval, exemption, recommendation, authorisation, confirmation, registration, direction, certificate, guideline, delegation or other instrument or document issued, served, granted, made or given under the Principal Act or the regulations made under the Principal Act by the Department, the Secretary or the Minister is deemed to have been issued, served, granted, made or given by the Authority; and 33

Part 5—Amendments to the Occupational Health and Safety Act 1985 Accident Compensation (Occupational Health and Safety) Act 1996 No. 13 of 1996 s. 67 (b) any action taken or decision made under the Principal Act or the regulations made under the Principal Act by the Department, the Secretary or the Minister is deemed to have been taken or made by the Authority. (2) This section does not apply to — (a) any guidelines issued by the Minister under section 48(5) of the Principal Act; or (b) any code of practice approved by the Minister or notice caused to be published by the Minister under section 55 of the Principal Act. 67 Information under section 9 On the commencement of this section, all information furnished to the Department under section 9 of the Principal Act is deemed to be furnished to the Authority under that section. 68 Inspectors deemed to be inspectors appointed by Authority On and after the commencement of this section— (a) any former inspector holding office immediately before that commencement is deemed to be an inspector appointed by the Authority under section 38 of the Principal Act as amended by Division 1 of this Part; and (b) a certificate of appointment furnished by the Minister under section 38 of the Principal Act in respect of the appointment of a former inspector is deemed to be a certificate of appointment furnished by the Authority under section 38 as amended by Division 1 of this Part; and 34

Part 5—Amendments to the Occupational Health and Safety Act 1985 Accident Compensation (Occupational Health and Safety) Act 1996 No. 13 of 1996 s. 69 (c) an identification card furnished to a former inspector by the Minister under section 38 of the Principal Act is deemed to be an identification card furnished to an inspector by the Authority under section 38 as amended by Division 1 of this Part. 69 Proceedings in relation to inspectors On and after the commencement of this section, an inspector appointed by the Authority may continue and complete any proceedings under the Principal Act or the regulations made under that Act commenced or made by or against or in relation to a former inspector and existing immediately before that commencement. 70 Documents etc issued by inspector On and after the commencement of this section— (a) any notice, requirement, direction or other instrument or document issued, served, made or given by a former inspector under the Principal Act or the regulations made under that Act is deemed to have been issued, served, made or given by an inspector appointed by the Authority; and (b) any action taken or decision made under the Principal Act or the regulations made under that Act by a former inspector is deemed to have been taken or made by an inspector appointed by the Authority. ═══════════════ 35

Accident Compensation (Occupational Health and Safety) Act 1996 No. 13 of 1996 Endnotes ENDNOTES

General Information Minister's second reading speech— Legislative Assembly: 30 May 1996 Legislative Council: 20 June 1996 The long title for the Bill for this Act was "to further amend the Accident Compensation Act 1985, to amend the Dangerous Goods Act 1985, the Equipment (Public Safety) Act 1994, and the Occupational Health and Safety Act 1985 and for other purposes." The Accident Compensation (Occupational Health and Safety) Act 1996 was assented to on 28 June 1996 and came into operation as follows: Ss 1, 2 and 9 on 28 June 1996: s. 2(1); rest of Act on 2 July 1996: s. 2(4). 36

Accident Compensation (Occupational Health and Safety) Act 1996 No. 13 of 1996 Endnotes 2. Table of Amendments This Version incorporates amendments made to the Accident Compensation (Occupational Health and Safety) Act 1996 by Acts and subordinate instruments. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Accident Compensation (Further Amendment) Act 1996, No. 60/1996 Assent Date: 17.12.96 Commencement Date: S.33 on 28.6.96: s. 2(2) Current State: This information relates only to the provision/s amending the Accident Compensation (Occupational Health and Safety) Act 1996 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 37

Accident Compensation (Occupational Health and Safety) Act 1996 No. 13 of 1996 Endnotes 3. Explanatory Details No entries at date of publication. 38

1 Accident Compensation (Occupational Health and Safety) Act 1996

The clearest organising concept is a functional consolidation of occupational health and safety, equipment safety and dangerous goods regulation into the administrative control of the Victorian WorkCover Authority. The Act defines "Authority" as the Victorian WorkCover Authority (see Dangerous Goods s 13(a); Equipment s 34; Occupational Health and Safety s 51). Once defined, the Authority replaces Ministers, Departments, Directors-General and Secretaries in the statutory texts of the three regulated regimes. The consolidation has five recurring legal mechanisms.

Textual substitution and definitional change. The Act replaces references to Minister, Department, Secretary and Director-General with the Authority in the principal Acts. Examples: Dangerous Goods s 14, s 18, s 22; Equipment s 35-40; Occupational Health and Safety s 52-59. This changes the legal addressee for duties, notices, approvals and administrative acts.
Deeming of prior administrative acts, instruments and registers. The Act contains transitional deeming provisions treating licences, certificates, notices, approvals, registers and other documents issued by Ministers or public servants before commencement as having been issued by the Authority after commencement (see Dangerous Goods s 28, s 29; Equipment s 46, s 29; Occupational Health and Safety s 66, s 67). Registers established by Director-General are deemed to be registers of the Authority (Dangerous Goods s 29).
Transfer and re-appointment of staff and inspectors. The Minister must designate staff for transfer (s 9). Designated staff are deemed appointed by the Authority and retain accrued leave and comparable terms, but cease to be public servants and do not receive compensation for the change (s 10). Former inspectors are “deemed” to be inspectors appointed by the Authority and their appointments, certificates and identity cards are recognised as valid (Dangerous Goods s 30; Equipment s 47; Occupational Health and Safety s 68). Inspectors are authorised to take affidavits for purposes incidental to their functions in each Act where that insertion occurs (Dangerous Goods s 17(7); Equipment s 36(3); Occupational Health and Safety s 56(3)).
Financial and enforcement aggregation. The Accident Compensation Act is amended to broaden the Authority’s powers and objects to include administration of the three Acts and to capture penalty and fee revenues for the Authority to apply to its administrative costs. The amendments to s 32 of the Accident Compensation Act specify that amounts recovered as penalties or received as fees under the specified Acts when proceedings are brought by or on behalf of the Authority or its inspectors are income of the Authority, and allow the Treasurer, after consultation with the Minister, to certify Consolidated Fund contributions for the Authority’s related administration (see Part 2, s 8 inserting s 32(3)(ba)-(bc)).
Preservation of Ministerial functions in defined domains. The Act creates carve-outs where the relevant Minister retains primary responsibility. For activities under the Petroleum (Submerged Lands) Acts, the relevant Minister has direct responsibility and may exercise Ministerial and Authority powers for those purposes (Dangerous Goods s 61(2)-(5); Occupational Health and Safety s 60(2)-(6)). The Act also preserves Ministerial control over codes of practice and regulation-making in certain respects (Dangerous Goods s 61(4); Occupational Health and Safety s 60(5)). For particular regulations identified in s 64(2) of the Occupational Health and Safety Part, references to the Minister are instead deemed to be references to the Administrative Appeals Tribunal, altering review pathways for those regulations.

Across these mechanisms, the Act is structured to minimise legal discontinuity: instruments and proceedings continue, inspectors and staff continue in function, and registers and documents keep force after the Authority assumes responsibility. The Act also tightens delegation controls in the Accident Compensation Act by preventing certain delegations to persons who are not officers or employees of the Authority where s 14 of the Dangerous Goods Act would apply (see Accident Compensation s 21(10) as inserted by s 7).

The Act affects a concentrated set of public bodies and their staff, and a diffuse group of businesses, employers and regulated persons subject to the three regulated regimes.

Primary institutional actors affected

Victorian WorkCover Authority (the Authority): receives additional responsibilities, powers and revenue streams. The Authority becomes the legal addressee for functions previously vested in Ministers, Departments, Director-Generals and Secretaries across the Dangerous Goods Act 1985, Equipment (Public Safety) Act 1994 and Occupational Health and Safety Act 1985 (see Parts 3-5).
Ministers and relevant Departments: lose day-to-day administrative and enforcement functions in most respects, but retain specific responsibilities in relation to petroleum (submerged lands) activities and, in limited respects, for codes of practice and regulation-making (see Dangerous Goods s 61; Occupational Health and Safety s 60). Certain named Ministerial-issued guidelines and codes remain ministerial and are excluded from deeming (Dangerous Goods s 26(2); s 28(2); Equipment s 44(2); s 46(2); Occupational Health and Safety s 64(3); s 66(2)).
Treasury and Treasurer: retained as a financial participant. The amended s 32 of the Accident Compensation Act allows the Treasurer, after consultation with the Minister, to certify Consolidated Fund contributions for the Authority’s administration of the transferred Acts (see Accident Compensation s 32(3)(bc)).

Staff and personnel

Public service officers and employees engaged in administering the three Acts: the Minister must designate the officers and employees to transfer to the Authority (s 9). Transferred staff are deemed appointed by the Authority and retain accrued leave entitlements and comparable terms as determined by the Minister (s 10(1)(b)-(c)), but they cease to be public servants (s 10(1)(d)) and are explicitly not entitled to compensation for that cessation (s 10(3)). This alters employment status and may affect public service benefits/external claims, subject to the terms determined under s 10(1)(b).
Inspectors: former inspectors appointed under prior regimes are “deemed” to be inspectors appointed by the Authority and their prior instruments (appointments, identification cards) remain valid (Dangerous Goods s 30; Equipment s 47; Occupational Health and Safety s 68). Inspectors are given explicit power to take affidavits in relation to their functions (Dangerous Goods s 17(7); Equipment s 36(3); Occupational Health and Safety s 56(3)).

Regulated persons and businesses

Employers, equipment owners, operators of dangerous goods businesses, and others regulated under the three Acts: the Authority becomes the regulator, recipient of fees and penalties, and the contact point for applications, notices and compliance actions (see broadly Parts 3-5 transitional provisions). For businesses operating in petroleum-submerged lands, the relevant Minister remains the primary regulatory authority for many activities, so these businesses will continue to have a direct relationship with the relevant Minister for those activities (Dangerous Goods s 61; Occupational Health and Safety s 60).
Applicants, licensees and persons with matters pending: existing proceedings, applications and notifications made to Ministers, Director-Generals, Departments or Secretaries are deemed to be made to the Authority and the Authority is substituted as a party in proceedings that existed immediately prior to the commencement (see Dangerous Goods s 27; Equipment s 45; Occupational Health and Safety s 65).

Legal practitioners and courts

Parties and their lawyers: must address future litigation, enforcement, appeals and communications to the Authority rather than the Minister or Department. The Act expressly substitutes the Authority for the Minister/Director-General in ongoing proceedings (e.g. Dangerous Goods s 27; Equipment s 45; Occupational Health and Safety s 65). The Act also contains an express statement of intention to alter or vary section 85 of the Constitution Act 1975 in relation to the transfer of staff (see Accident Compensation s 11), which raises a constitutional point about jurisdictional effects, but the Act itself limits its remedy to declaration of intention.

Other affected items

Registers and statutory records: registers established by former Directors-General are to be taken as registers of the Authority on commencement (Dangerous Goods s 29). Any information supplied to Departments under certain provisions is deemed to have been furnished to the Authority (Occupational Health and Safety s 67).

In short: the Authority bears increased administrative, enforcement and financial responsibilities; designated public servants and inspectors transfer to the Authority and keep certain entitlements; regulated parties will now deal with the Authority for most matters; and in a narrow set of high-level matters (petroleum/extractive industries and some codes/regulations) ministerial control is retained.

The Act reallocates duties, rights and administrative authorities and thereby creates a new locus for regulatory duty and recourse in the Victorian WorkCover Authority. Key duties and rights flow to the Authority and to inspectors, while certain rights remain with Ministers in defined areas.

Duties placed on the Authority

Administration and enforcement duties: by textual substitution, the Authority assumes the functions, powers, duties and discretions previously held by Ministers, Director-Generals, Secretaries and Departments under the Dangerous Goods Act 1985, the Equipment (Public Safety) Act 1994 and the Occupational Health and Safety Act 1985 (see Dangerous Goods s 14-22; Equipment s 35-40; Occupational Health and Safety s 52-59). This includes power to grant licences, approvals, and to issue notices and directions that previously came from Ministers or Departments.
Financial administration: the Authority has rights to receive specified fees and penalties. The Accident Compensation Act amendments (Part 2, s 8 inserting into s 32) list amounts recovered as penalties or received as payment for penalty infringements when proceedings are brought by or on behalf of the Authority, and fees payable under the Occupational Health and Safety and Equipment Acts, as amounts of the Authority (s 32(3)(ba)-(bb)). The Treasurer can certify contributions from the Consolidated Fund to cover costs of Authority administration of the transferred Acts (s 32(3)(bc)).
Delegation constraints: delegations under s 21(10) of the Accident Compensation Act (inserted by s 7) must not be made to any person other than an officer or employee of the Authority in respect of a power, function, authority or discretion to which section 14 of the Dangerous Goods Act 1985 applies. That creates a specific duty to keep certain delegable powers within the Authority’s staff.

Rights and powers of inspectors and Authority officers

Inspectors’ evidentiary powers: each principal Act is amended to authorise inspectors to take affidavits for any purpose relating to or incidental to the exercise of their powers or the performance of duties (Dangerous Goods s 17(7); Equipment s 36(3); Occupational Health and Safety s 56(3)). This is an evidentiary and investigatory power that enables inspectors to obtain sworn statements.
Continuity of appointment and actions: inspectors appointed before the transfer are deemed to be inspectors of the Authority, and their prior notices, instruments and identification remain valid (Dangerous Goods s 30; Equipment s 47; Occupational Health and Safety s 68). Inspectors may continue proceedings commenced before the transfer (Dangerous Goods s 31; Equipment s 48; Occupational Health and Safety s 69).
Administrative discretion: all substantive discretionary powers that existed in the principal Acts remain exercisable but now by the Authority (subject to the carve-outs noted below). For the petroleum/submerged lands activities specified in Dangerous Goods s 61 and Occupational Health and Safety s 60 the relevant Minister may exercise the powers and functions; the Authority’s discretion in those domains is subordinated to the relevant Minister.

Rights retained by Ministers

Specific Ministerial role for offshore petroleum and certain extractive industries: Dangerous Goods s 61(2) and Occupational Health and Safety s 60(2) grant the relevant Minister direct and primary responsibility for activities under the Petroleum (Submerged Lands) Acts and (if specified by Order) the Extractive Industries Development Act 1995. For those purposes, the Act treats references to Minister and to the relevant Director-General/Secretary in the principal Acts as references to the relevant Minister (Dangerous Goods s 61(3); Occupational Health and Safety s 60(3)). These provisions mean that regulated entities in those activities will continue to have rights and obligations enforceable by the relevant Minister rather than the Authority.
Codes of practice and regulation-making: both the Dangerous Goods insertion (s 61(4)) and the Occupational Health and Safety insertion (s 60(5)) provide that subsection (2) does not apply to powers or functions relating to codes of practice or the making of regulations. The Act therefore preserves Ministerial involvement for these normative instruments.

Rights of affected persons and continuity protections

Deemed continuity of documents, registrations, applications and proceedings: the Act repeatedly provides that prior delegations, instruments, applications, notifications, decisions and registers continue to have effect and are deemed to be those of the Authority (Dangerous Goods s 28; Equipment s 46; Occupational Health and Safety s 66). This preserves rights in ongoing matters and prevents lapse by operation of the transfer.
Staff entitlements on transfer: designated staff are to be given remuneration, terms and conditions determined by the Minister to be no less favourable than before transfer, and they retain accruals in leave entitlements (s 10(1)(b)-(c)). However staff cease to be public servants and are specifically not entitled to compensation for that cessation (s 10(1)(d); s 10(3)).

Other procedural rights

Appeals and review pathways: the Act retains existing procedural provisions in the principal Acts but alters the recipient of applications and the party in proceedings. It also identifies exceptions where references in certain regulations are deemed to be to the Administrative Appeals Tribunal rather than the Authority (Occupational Health and Safety s 64(2) for two named regulations), which affects appeal rights under those regulations.

In sum, duties and rights are reallocated: the Authority acquires wide administration, enforcement and financial rights; inspectors gain express affidavit-taking power and continuity; certain ministerial rights are maintained for petroleum/extractive activities and for codes/regulations; staff have transferred employment rights but lose public service status; and existing rights and proceedings are preserved by deeming provisions.

The Act’s primary effect on penalties and enforcement is to reallocate enforcement competence and the financial proceeds of enforcement to the Authority and to ensure continuity of proceedings, notices and enforcement instruments. It does not itself create novel criminal offences; instead, it channels enforcement of existing offences in the three Principal Acts to the Authority and its inspectors.

Aggregation of penalties and fees

The Accident Compensation Act is amended to record that penalties recovered for offences under the Occupational Health and Safety Act 1985, the Equipment (Public Safety) Act 1994, the Dangerous Goods Act 1985, the Mines Act 1958 and the Road Transport (Dangerous Goods) Act 1995 are amounts of the Authority if the proceedings were brought by or on behalf of the Authority or by an inspector appointed by the Authority (s 32(3)(ba)(i)). Infringement notice payments for those offences are similarly captured (s 32(3)(ba)(ii)). Fees payable under the Occupational Health and Safety and Equipment Acts, and fees under the Dangerous Goods Act and the Road Transport (Dangerous Goods) Act, are also specified as fees payable to the Authority unless the relevant regulations provide otherwise (s 32(3)(bb)(i)-(ii)). These amendments make enforcement revenue a legal resource for the Authority and thereby affect the incentives and budgetary position of the regulator.

Enforcement continuity and substitution

Existing enforcement proceedings and instruments are expressly continued and deemed to have been made by the Authority. The Act substitutes the Authority for Ministers and Director-Generals in any proceedings commenced or made by, against, or in relation to them (Dangerous Goods s 27(1); Equipment s 45(1); Occupational Health and Safety s 65(1)). Notices, licences, certificates, determinations and other instruments previously issued by Ministers or Director-Generals are deemed to have been issued by the Authority (Dangerous Goods s 28(1); Equipment s 46(1); Occupational Health and Safety s 66(1)). This avoids the need to reissue instruments and preserves prosecutorial continuity.

Inspector enforcement powers

Inspectors are given express authority to take affidavits for purposes related to their powers and duties in each Principal Act where the insertion occurs (Dangerous Goods s 17(7); Equipment s 36(3); Occupational Health and Safety s 56(3)). That is an enforcement tool for evidence gathering that can be used in subsequent prosecutions or administrative proceedings.
Former inspectors are deemed to be inspectors of the Authority and may continue and complete proceedings that were commenced or made by or against former inspectors (Dangerous Goods s 31; Equipment s 48; Occupational Health and Safety s 69). Instruments and decisions made by former inspectors are deemed to be those of the appointed Authority inspectors (Dangerous Goods s 32; Equipment s 49; Occupational Health and Safety s 70).

Limits, carve-outs and procedural exceptions

The Act retains ministerial roles in relation to codes of practice and in making regulations for certain matters (Dangerous Goods s 61(4); Occupational Health and Safety s 60(5)). Therefore, enforcement linked directly to the content or amendment of codes/regulations may still implicate Ministerial functions.
For certain regulations under the Occupational Health and Safety scheme, appeals or review references to the Minister are instead deemed to be references to the Administrative Appeals Tribunal (s 64(2)). This alters review and enforcement pathways for specific regulatory instruments.

Financial enforcement consequences and accountability

Because fees and penalty receipts are explicitly accounted for as Authority amounts (s 32(3)(ba)-(bb)), the Authority can apply fee and penalty revenue toward administration costs, and the Treasurer can certify Consolidated Fund contributions (s 32(3)(bc)). This creates a mechanism linking enforcement outcomes to the Authority’s revenue. The Act does not, however, prescribe how the Authority must allocate or report such receipts beyond embedding them in the Authority’s financial regime under the Accident Compensation Act.

Procedural and evidentiary effect

The new power for inspectors to take affidavits may streamline the collection of sworn evidence at the investigative stage and, because previous instruments remain valid, evidentiary continuity is retained for ongoing matters. The deeming provisions reduce procedural risk that licences, approvals, or notices become invalid by reason of a change in administrative ownership.

Collectively, the enforcement architecture is not remade substantively; roles and powers persist but with the Authority now at the administrative centre, and with the Authority legally entitled to receive and apply enforcement revenues under the modified Accident Compensation Act provisions.

This Act operates primarily through textual amendment and transitional deeming, so its interaction with other laws is structural and specific. The Act interfaces with the principal statutes being amended and with constitutional and administrative instruments that affect departmental arrangements and appeals. Key interactions are as follows.

Amendments to Principal Acts

The Act directly amends and substitutes the Authority into the Dangerous Goods Act 1985, the Equipment (Public Safety) Act 1994 and the Occupational Health and Safety Act 1985 (see Parts 3-5). Those Acts, post-amendment, operate with the Authority as the principal administrative body for licensing, notification, inspection, registration and enforcement, except where the Act specifies otherwise.

Linkage to the Accident Compensation Act 1985

The Accident Compensation Act 1985 is amended to expand the Authority’s objects, powers and receipts to encompass administration of the three Acts (Part 2, ss 4-8). The amendments to s 32 explicitly identify penalties and fees recovered under the three Acts as amounts of the Authority when enforcement is undertaken by or on behalf of the Authority (s 32(3)(ba)-(bb)). The Treasurer’s role in certifying Consolidated Fund contributions (s 32(3)(bc)) links financial flows between general government funding and the Authority’s budget.

Preservation of Interpretation of Legislation Act

Each Division of the transitional provisions includes an express statement that nothing in the Division affects or takes away from the Interpretation of Legislation Act 1984 (Dangerous Goods s 25; Equipment s 43; Occupational Health and Safety s 63). That indicates the drafting intention that ordinary statutory interpretation principles and savings provisions continue to apply.

Petroleum (Submerged Lands) Acts and Extractive Industries

The Act creates a specific interaction with Commonwealth and State petroleum legislation. For activities under the Petroleum (Submerged Lands) Act 1967 (Cth) and the Petroleum (Submerged Lands) Act 1982 (Vic), the relevant Minister has direct and primary responsibility and may exercise the powers and functions of the Minister or the Authority under the Principal Acts for such activities (Dangerous Goods s 61(2); Occupational Health and Safety s 60(2)). For the Extractive Industries Development Act 1995, the Occupational Health and Safety s 60(4) allows it to be specified by Governor in Council Order so that the relevant Minister also has responsibility. For those activities the Principal Acts are to be read as if references to Minister or Authority are references to the relevant Minister (Dangerous Goods s 61(3); Occupational Health and Safety s 60(3)). The Act therefore creates a dual-administration model for these narrow domains.

Appeals and Administrative Review

The Act leaves intact existing appeal and review structures in the amended Acts except where it expressly changes the addressee. Notably, Occupational Health and Safety s 64(2) deems references to the Minister in two named regulations (Asbestos reg 36 and Noise reg 16) to be references to the Administrative Appeals Tribunal. That alters the review pathway for those regulations specifically. Otherwise, procedural rights to seek review or appeal remain under their governing statutes, but against the Authority rather than a Minister/Department.

Constitutional and administrative law interactions

Section 11 of this Act states it is the intention of s 10(3) to alter or vary s 85 of the Constitution Act 1975. The Act thereby acknowledges a constitutional dimension to transferring staff out of the public service; the legislative text asserts that the change is intended to have effect despite any inconsistency. That creates a potential interaction with constitutional guarantees about public service tenure and the jurisdiction of the Supreme Court, but the Act itself records intention rather than providing adjudication.

Transitional deeming and continuity with prior instruments

The Act repeatedly deems instruments, appointments and notices issued under the principal Acts before commencement to be instruments of the Authority (Dangerous Goods s 28; Equipment s 46; Occupational Health and Safety s 66). That preserves legal continuity for rights and obligations created before the transfer.

Specified exceptions for guidelines, codes and ministerial notices

The Act preserves certain ministerial instruments from deeming , for instance, ministerial guidelines and codes of practice that were issued under specified sections are excluded from the deeming provisions (Dangerous Goods s 26(2); s 28(2); Equipment s 44(2); s 46(2); Occupational Health and Safety s 64(3); s 66(2)). Those remain ministerial in source and effect, so bodies relying on such instruments must account for that retained ministerial provenance.

Regulatory interdependence

Because the Authority now administers multiple regulatory schemes, the Act will create operational interdependence among those schemes: staffing, inspectors, compliance processes, and financial flows are consolidated in the Authority. This can simplify compliance for regulated entities in dealing with a single regulator, but for matters in the preserved Ministerial domain the cross-over remains.

Overall, the Act is a transfer statute that reassigns administrative responsibility and aligns financial receipts to the Authority while preserving specified ministerial domains and leaving the interpretative framework intact under the Interpretation of Legislation Act 1984.

The primary source text and endnotes provide the following recorded amendment and commencement history.

Enactment and assent: The Accident Compensation (Occupational Health and Safety) Act 1996 was assented to on 28 June 1996 (Endnotes s 1). Sections 1, 2 and 9 commenced on 28 June 1996 per s 2(1); the remainder commenced on proclamation and, by later insertion of s 2(4), the day fixed by proclamation for the commencement of the remaining provisions was 2 July 1996 (s 2(4) as inserted by Accident Compensation (Further Amendment) Act 1996 No. 60/1996 s 33; Endnotes Table of Amendments).
Incorporation into current version: The version provided incorporates amendments as at 19 October 2007 (cover page). The endnotes list one explicit amending instrument to this Act itself: Accident Compensation (Further Amendment) Act 1996, No. 60/1996 (Assent Date 17 December 1996) which inserted s 2(4) fixing the commencement date for the remaining provisions as 2 July 1996. The endnotes indicate that s 33 of that Amendment Act affected the commencement provision; the endnote table references that this amendment relates only to the provision(s) amending the Accident Compensation (Occupational Health and Safety) Act 1996 (Endnotes 2).
No explanatory details recorded: The endnotes indicate no separate explanatory details are present for the consolidation (Endnotes 3: “No entries at date of publication”).
No further amendment entries are provided in the source text beyond the insertion of the commencement date and the version note. The table of provisions shows the Act’s structure and the inserted clauses, and the Endnotes confirm the single named amending Act for this statute in the provided material.

Because the supplied material is a consolidated version incorporating amendments up to the date on the cover, the text of the Act already reflects the changes listed in the Parts and Divisions. Any further amendments after 19 October 2007 are not recorded in the provided source and thus are not reported here.

The Act’s text and the provided endnotes do not record any judicial decisions, reported cases or litigation history arising under or about the Act. The Endnotes explicitly list no explanatory details or litigation entries (Endnotes 3: “No entries at date of publication”). The principal Acts as amended by this statute (Dangerous Goods Act 1985, Equipment (Public Safety) Act 1994 and Occupational Health and Safety Act 1985) have operational effect, and the Act contains transitional provisions intended to preserve the validity of existing proceedings and instruments by substituting the Authority for a Minister or Department (see Dangerous Goods s 27; Equipment s 45; Occupational Health and Safety s 65). Those deeming and substitution provisions are designed to maintain continuity in any matters that were already the subject of litigation or administrative review at the time of the transfer.

Notable procedural point that may affect litigation strategy

The statute contains an express statement of intention in s 11 that s 10(3) is intended to alter or vary s 85 of the Constitution Act 1975. That clause records legislative intent about the constitutional effect of transferring staff and limiting jurisdictional challenge in the Supreme Court. The source text does not report how courts have treated that statement. Because the Act exposes potential constitutional or administrative law questions about transferring public servants out of the public service and the effect on judicial review jurisdiction, any litigation touching those issues would need to test those intentions and deeming provisions. The Act itself, however, contains no reported litigation; users should check up-to-date databases for any subsequent authorities interpreting these provisions.

For current litigation status or reported authorities, practitioners must consult case reporters and databases beyond the provided Act text; nothing in the supplied document identifies or cites judicial decisions.

The Act’s structure and transitional devices create a series of practical, legal and compliance risks that regulated entities, counsel and in-house compliance teams should be aware of. These are drawn from the Act’s text.

Dual administration for petroleum and (potentially) extractive industries. Dangerous Goods s 61 and Occupational Health and Safety s 60 create a carve-out: the relevant Minister retains direct and primary responsibility for activities under the Petroleum (Submerged Lands) Acts and, in the Occupational Health and Safety Act by Order, the Extractive Industries Development Act 1995. For entities operating in these fields this means a bifurcated regime: most activities will be administered by the Authority, but specified offshore petroleum and (if ordered) extractive industries remain Ministerial. Practically, this requires firms to know which regime applies to which activity and to whom applications, notices and compliance communications should be addressed. The Act makes that distinction by treating references to Minister or Director-General as references to the relevant Minister for those activities (Dangerous Goods s 61(3); Occupational Health and Safety s 60(3)).
Codes of practice and regulations remain (in part) Ministerial. The Act explicitly exempts powers relating to codes of practice and the making of regulations from the transfers in s 61(4) (Dangerous Goods) and s 60(5) (Occupational Health and Safety). That means that changes affecting substantive regulatory standards may still hinge on Ministerial action, while day-to-day administration and enforcement sits with the Authority. The separation may cause timing mismatches between enforcement and instrument updates.
Delegation constraint in Accident Compensation Act. The new s 21(10) inserted into the Accident Compensation Act prohibits delegation to any person other than an officer or employee of the Authority in respect of powers to which s 14 of the Dangerous Goods Act applies. This places an internal constraint on the Authority’s ability to outsource or delegate certain regulatory functions. Bodies wanting to contract out administration or rely on external delegations should note the statutory limitation.
Staff transfer consequences. Designated staff transfer to the Authority and cease to be public servants (s 10(1)(d)). Although they retain accrued leave and the Minister must ensure their remuneration and conditions are no less favourable (s 10(1)(b)-(c)), they are explicitly not entitled to compensation for ceasing to be public servants (s 10(3)). Employers and legal advisers should review the precise terms the Minister sets under s 10(1)(b) to assess any gaps in entitlements and post-transfer employment status, particularly for industrial relations, superannuation and public service continuity.
Deeming saves but may obscure source authority. The Act deems prior licences, notices, certificates and other instruments to be those of the Authority (e.g. Dangerous Goods s 28(1); Equipment s 46(1); Occupational Health and Safety s 66(1)). That preserves legal validity but may complicate questions about the original author of an instrument for purposes such as review, challenge and statutory appeal time limits. Parties should not assume ministerial instruments are automatically reviewable in the same way they were when originally issued, especially where the Act changes the appeal pathway (see Occupational Health and Safety s 64(2) altering references in two regulations to the Administrative Appeals Tribunal).
Confidentiality and information regime changes. The Act amends information provisions so that section 243 of the Accident Compensation Act 1985 does not apply to information furnished to the Authority under section 9 of the Occupational Health and Safety Act (see Occupational Health and Safety s 53(4) insertion of s 10(11) as described). That may change confidentiality protections for information passing to the Authority as compared with when the Department had custody. Regulated parties should check which statutory confidentiality regimes apply post-transfer.
Financial incentives and use of penalty receipts. The Accident Compensation Act amendments explicitly permit the Authority to receive penalty and fee amounts recovered under the three Acts (s 32(3)(ba)-(bb)), and allow the Treasurer to certify Consolidated Fund contributions (s 32(3)(bc)). That links enforcement outcomes to the Authority’s financial position. While the Act does not prescribe operational use, regulated parties should be alert to the changed budgeting incentives this creates for the regulator.
Potential constitutional/administrative law questions. The express statement in s 11 that s 10(3) is intended to alter or vary s 85 of the Constitution Act 1975 signals the legislature’s awareness of constitutional implications. Although the Act asserts legislative intention, that does not eliminate the possibility of judicial challenge about the limits of the Province’s power or the Supreme Court’s jurisdiction. Practitioners should be aware that this legislative “intention” could be tested in litigation.
Deemed revocation exceptions: Ministerial guidelines and certain codes are excluded from deeming. Several deeming provisions exclude guidelines or codes approved by the Minister (e.g. Dangerous Goods s 26(2); s 28(2); Equipment s 44(2); s 46(2); Occupational Health and Safety s 64(3); s 66(2)). Those exceptions mean that for some operative instruments the source remains ministerial and not Authority-issued; compliance officers must track which instruments fall into which category.
Transitional variation in appeal bodies for specific regulations. Occupational Health and Safety s 64(2) deems the Minister to be the Administrative Appeals Tribunal for two named regulations. That is a regulatory oddity that alters appeal rights under those regulations and may surprise parties who expect Ministerial review.

These “gotchas” all flow from textual provisions in the Act and the explicit transitional devices used to effect the transfer. The practical effect is that regulated entities must map previous relations with Departments and Ministers onto the Authority, confirm where ministerial carve-outs remain, and check confidentiality, appeal and financial processes that now run through the Authority.

Compliance under the post-amendment framework requires operational and legal adjustments by regulated entities, by staff transferred to the Authority and by the Authority itself. The Act’s text suggests several concrete steps and checks.

For regulated entities (employers, operators, licence-holders)

Update points of contact and filing addresses. Applications, notifications, licences and fees that would previously have been addressed to Ministers, Director-Generals or Departments should now be directed to the Victorian WorkCover Authority, except where the Act preserves a ministerial role (Dangerous Goods ss 14-18; Equipment ss 35-40; Occupational Health and Safety ss 52-59). For petroleum/submerged lands activities consult Dangerous Goods s 61 and Occupational Health and Safety s 60 to determine whether the relevant Minister remains the addressee for particular activities.
Continue to comply with extant licences and notices. The Act deems prior instruments to be issued by the Authority (Dangerous Goods s 28; Equipment s 46; Occupational Health and Safety s 66). These remain valid and enforceable; comply with their terms and with any new directives issued by the Authority.
Anticipate Authority-issued fees and penalty notices. The Authority is authorised to receive fees and penalties specified in the Accident Compensation Act amendments (s 32(3)(ba)-(bb)). Confirm fee schedules in the current regulations and update accounting procedures to pay fees and infringements to the Authority when due.
Know the appeal pathway. For most matters existing review and appeal procedures continue, but the responding party will be the Authority rather than a Minister or Department (see Dangerous Goods s 27; Equipment s 45; Occupational Health and Safety s 65). For two named Occupational Health and Safety regulations, appeals are to the Administrative Appeals Tribunal (s 64(2)). Check the current version of the regulations for appeal periods and procedural rules.
Clarify confidentiality expectations before disclosing information. The Act changes certain confidentiality interactions,for example, s 10(11) of the Occupational Health and Safety Act as inserted states that s 243 of the Accident Compensation Act does not apply to information furnished to the Authority under s 9 of the OHS Act. Confirm whether information you provide will be subject to the Accident Compensation Act protections or other statutory confidentiality rules.

For public service staff and inspectors transferring to the Authority

Verify designation and terms. The Minister administers the Principal Act and must designate the staff to be transferred (s 9). Designated staff are deemed appointed by the Authority and are to be given remuneration, terms and conditions by the Minister that are no less favourable than those they had immediately before the transfer (s 10(1)(a)-(b)). Confirm in writing the terms the Minister determines and retain records of accrued leave and entitlements that transfer with you.
Understand employment status change. Upon transfer designated staff cease to be public servants (s 10(1)(d)) and are not entitled to compensation for ceasing to be public servants (s 10(3)). Seek advice on how this change interacts with superannuation, industrial instruments and other employment rights.
Use new evidentiary powers within statutory limits. Inspectors in each regime are authorised to take affidavits for purposes incidental to their functions (Dangerous Goods s 17(7); Equipment s 36(3); Occupational Health and Safety s 56(3)). If you are an inspector, follow rules for taking affidavits and ensure chain of custody and proper practice for sworn evidence.

For the Authority (regulator-side implementation)

Review registers and instruments. Registers established by Director-Generals and Departments are deemed to be registers of the Authority (Dangerous Goods s 29). Conduct a register reconciliation, confirm entries, and ensure ongoing public access and data integrity.
Update delegation and internal policy to respect statutory constraints. The Accident Compensation Act insertion prohibits delegation to non-Authority persons in respect of powers to which s 14 of the Dangerous Goods Act applies (Accident Compensation s 21(10)). Ensure internal delegations conform with that constraint and that any outsourcing or contracting arrangements are lawfully structured.
Adopt financial administration measures. Because fees and penalties recovered under the specified Acts are Authority amounts under the Accident Compensation Act amendments (s 32(3)(ba)-(bb)) and because the Treasurer may certify Consolidated Fund contributions (s 32(3)(bc)), set up proper accounting lines, reporting, and internal controls to handle those receipts and any such certified contributions.
Coordinate with Ministers for retained functions. For petroleum/submerged lands activities and codes/regulations where Ministerial roles remain (Dangerous Goods s 61; Occupational Health and Safety s 60), set up liaison and memoranda of understanding with the relevant Minister’s office and departments to clarify operational hand-offs and to avoid conflicts about regulatory responsibility.
Maintain continuity of proceedings and evidence. The Act deems existing proceedings, applications and notices to be those of the Authority (Dangerous Goods s 27-28; Equipment s 45-46; Occupational Health and Safety s 65-66). Keep a careful audit trail of documents and decisions inherited from Departments and ensure lawful continuance of prosecutions and administrative actions.

For legal advisers and compliance officers

Re-check statutory references in precedents and contracts. Replace references to Minister, Department, Director-General and Secretary in statutory or contractual clauses with the Authority where appropriate, but double-check for exceptions (petroleum/extractive activities or Ministerial codes/guidelines).
Reassess litigation strategy. Where proceedings predate the transfer, the Authority is substituted as the party and may continue matters (Dangerous Goods s 27; Equipment s 45; Occupational Health and Safety s 65). If your client is in litigation, check whether appeal pathways or response addresses have changed, and note the potential constitutional question flagged by s 11 regarding staff transfer.
Audit compliance for off-shore and extractive operations. Entities operating under the Petroleum (Submerged Lands) Acts should map which functions remain Ministerial and ensure compliance submissions are routed appropriately.

In every case, compliance is facilitated by (a) mapping which regime(s) apply to particular activities; (b) ensuring that filings, payments and notices are addressed to the Authority unless an exception applies; (c) preserving and transferring records that the Act deems transferred; and (d) updating internal policies to reflect the Authority as the regulator, while retaining an eye on the narrow ministerial exceptions.

Accident Compensation (Occupational Health and Safety) Act 1996

Plain English Summary

Deep Dive

What it does

Current sections

Accident Compensation (Occupational Health and Safety) Act 1996

Source text: opening excerpt

1 Accident Compensation (Occupational Health and Safety) Act 1996

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply