8Functions of Commission

#### 8 Functions of Commission (1) The functions of the Commission are: (a) to formulate policies and strategies relating to occupational health and safety matters; (b) to consider, and to make recommendations in relation to, the action that should be taken by, and to facilitate co‑operation between, the Government of the Commonwealth, the Governments of the States, employers, persons engaged in occupational activities and organizations of employers or of persons engaged in occupations on occupational health and safety matters; (c) to consider, and to make recommendations in relation to, the action (if any) that needs to be taken by Australia in order to comply with the provisions of any international instrument relating to occupational health and safety matters; (d) to review laws and awards relating to occupational health and safety matters; (e) to consider, and to make recommendations in relation to, proposals for the making of laws and awards relating to occupational health and safety matters; (f) to declare national standards and codes of practice; (g) to encourage and facilitate the implementation of: (i) policies and strategies formulated by the Commission; (ii) recommendations made by the Commission with respect to the taking of action or the making or review of laws or awards; and (iii) national standards and codes of practice; (h) to evaluate the effectiveness and implementation of: (i) policies and strategies formulated by the Commission; (ii) action taken as a result of the recommendations of the Commission; (iii) laws and awards made or reviewed as a result of the recommendations of the Commission; and (iv) national standards and codes of practice; (j) to act as a means of liaison between Australia and other countries or international organizations in occupational health and safety matters; (k) to collect, interpret and disseminate information relating to occupational health and safety matters; (m) to direct the conduct of inquiries in respect of occupational health and safety matters in accordance with Part VII; (n) to publish reports, periodicals and papers relating to occupational health and safety matters; (p) to provide, and assist in the provision of, training in knowledge and skills relevant to occupational health and safety matters; (q) to conduct educational and promotional programs relevant to occupational health and safety matters; (r) to consult and co‑operate with other persons, organizations and governments on occupational health and safety matters; (s) to make grants of financial assistance for purposes relating to occupational health and safety matters; (t) to carry out, arrange for, or assist testing of matters and things relevant to occupational health and safety matters; (ta) by arrangement with particular employers, to carry out, arrange for, or assist in the evaluation of occupational hazards in places of work; (u) to carry out, arrange for, or assist research on occupational health and safety matters; (v) to encourage and facilitate the application or utilization of the results of that research or testing; (w) to establish and award fellowships and scholarships for training in the knowledge and skills relevant to, and for research on, occupational health and safety matters; (x) to administer the Fund; (y) to plan and establish the organization that will be required to enable the Commission to perform functions that the Minister, from time to time, declares are proposed to be conferred on the Commission by or pursuant to an arrangement or law, or a proposed arrangement or law, of the kind referred to in subsection (2); (z) of its own motion or when requested by the Minister to do so, to report to the Minister on any matter arising in the course of the performance of its functions; and (za) to do anything incidental to or conducive to the performance of any of the preceding functions. (2) In addition to the functions conferred on the Commission by this Act, the Commission may perform: (a) any functions conferred on the Commission by any other law of the Commonwealth or by a law of a Territory; (b) any functions conferred on the Commission pursuant to an arrangement in force under subsection (3); and (c) any functions conferred on the Commission by a law of a State, being functions that are declared by the Minister, by notice in writing published in the Gazette, to be functions that should be conferred on the Commission. (3) The Minister may make an arrangement with a Minister of a State for or in relation to the performance by the Commission of functions on behalf of that State relating to occupational health and safety matters. (4) The Minister may arrange with the Minister of a State with whom an arrangement is in force under subsection (3) for the variation or revocation of the arrangement. (5) An arrangement under subsection (3), or the variation or revocation of such an arrangement, shall be in writing and the Minister shall cause a copy of each instrument by which such an arrangement under this section has been made, varied or revoked to be published in the Gazette. (6) In the performance of its functions in relation to research and testing, the Commission shall pursue a policy directed towards the maintenance of scientific objectivity. (7) Where the Commission reports to the Minister in the performance of the function referred to in paragraph (1)(z), the Minister may cause a copy of the report to be laid before each House of the Parliament. (8) The Commission may perform the functions conferred on it by this Act to the extent only that they are not in excess of the functions that may be conferred on the Commission by virtue of any of the legislative powers of the Parliament and, in particular, may perform the first‑mentioned functions: (a) by way of the expenditure of moneys that are available for the purposes of the Commission in accordance with an appropriation made by the Parliament; (b) by way of the collection, compilation, analysis and dissemination of statistics; (c) for purposes in relation to any or all of the Territories; (d) for purposes in relation to a Commonwealth place within the meaning of the Commonwealth Places (Application of Laws) Act 1970; (e) for purposes in connection with defence; (f) in relation to the Australian Public Service, an authority or instrumentality of the Commonwealth or a body corporate over which the Commonwealth is in a position to exercise control; (g) for purposes in relation to an award made under a law of the Commonwealth or a Territory; (h) for purposes in relation to the provision of benefits and services to which paragraph 51(xxiiiA) of the Constitution is applicable; and (j) in relation to occupational health and safety matters arising in the course of, or that concern: (i) trade or commerce with other countries, or among the States; (ii) the carrying on of: (A) postal, telegraphic, telephonic or other services to which paragraph 51(v) of the Constitution is applicable; (B) banking to which paragraph 51(xiii) of the Constitution is applicable; or (C) insurance to which paragraph 51(xiv) of the Constitution is applicable; or (iii) the relevant activities of a corporation to which paragraph 51(xx) of the Constitution is applicable. (9) Without prejudice to its effect apart from this subsection, subparagraph (8)(j)(iii) also has, by force of this subsection, the effect it would have if the reference in that subparagraph to the relevant activities of a corporation were, in the case of a trading corporation or a financial corporation, a reference to any activities of a corporation. (10) In paragraphs (2)(a) and (8)(g) Territory includes the Australian Capital Territory and in paragraph (8)(c) Territories includes the Australian Capital Territory and the Northern Territory. (11) In subparagraph (8)(j)(iii), relevant activities, in relation to a corporation, means: (a) in the case of a trading corporation to which paragraph 51(xx) of the Constitution is applicable: (i) the trading activities of the corporation; or (ii) any other activities of the corporation carried on for the purposes of its trading activities; (b) in the case of a financial corporation to which paragraph 51(xx) of the Constitution is applicable: (i) the financial activities of the corporation; or (ii) any other activities of the corporation carried on for the purposes of its financial activities; or (c) in the case of a foreign corporation to which paragraph 51(xx) of the Constitution is applicable—any activities of the corporation.