Part 1
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Commonwealth act
This Act has been repealed and is no longer in force. It is retained for historical reference.
No plain-English breakdown of this one yet.
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Direct links to the current provisions in Occupational Health and Safety Act 1991.
This Act may be cited as the Occupational Health and Safety Act 1991.
(1) Sections 1 and 2 commence on the day on which this Act receives the Royal Assent. (2) Subject to subsection (3), the remaining provisions of this Act commence on a day or days to be fixed by Proclamation. (3) If a provision referred to in subsection (2) does not commence within the period of 6 months commencing on the day on which this Act receives the Royal Assent, that provision commences on the first day after the end of that period.
The objects of this Act are: (a) to secure the health, safety and welfare at work of employees of the Commonwealth, of Commonwealth authorities and of non‑Commonwealth licensees; and (b) to protect persons at or near workplaces from risks to health and safety arising out of the activities of such employees at work; and (c) to ensure that expert advice is available on occupational health and safety matters affecting employers, employees and contractors; and (d) to promote an occupational environment for such employees at work that is adapted to their needs relating to health and safety; and (e) to foster a co‑operative consultative relationship between employers and employees on the health, safety and welfare of such employees at work; and (f) to encourage and assist employers, employees and other persons on whom obligations are imposed under the Act to observe those obligations; and (g) to provide for effective remedies if obligations are not met, through the use of civil remedies and, in serious cases, criminal sanctions.
Exclusion of State and Territory laws (1) Subject to subsection (2), this Act is intended to apply to the exclusion of any law of a State or Territory (other than a law prescribed under subsection (3)) to the extent that the law of the State or Territory relates to occupational health or safety and would otherwise apply in relation to employers, employees or the employment of employees.
Note: For the meaning of employer and employee, see section 5.
State or Territory laws not excluded from applying to situations not covered by this Act (2) If, because of section 14 or 15, provisions of this Act do not apply in relation to a particular situation, subsection (1) is not intended to affect the application of State or Territory laws to that situation. Allowing certain State or Territory laws to apply (3) If a State or Territory law deals with a matter relating to occupational health or safety that is not dealt with by or under this Act, the regulations may prescribe the law as not being intended to be excluded by this Act. Interpretation (4) In this section, a reference to laws of a State or Territory includes a reference to such laws as they have effect as applied provisions within the meaning of the Commonwealth Places (Application of Laws) Act 1970. (5) In this section:
law includes a provision of a law (including, for example, a formula or a component of a formula).
(1) In this Act, unless the contrary intention appears:
annual report, in relation to an Entity or a Commonwealth authority, means its annual report (if any) to the responsible Minister relating to its activities, operations, business or affairs.
annual report of Comcare means the annual report on Comcare prepared under section 9 of the Commonwealth Authorities and Companies Act 1997.
annual report of the Commission means the annual report of the Commission under section 89S of the Safety, Rehabilitation and Compensation Act 1988.
association means an association of employees, a principal purpose of which is the protection and promotion of the employees’ interests in matters concerning their employment.
chief executive officer means:
(a) for a Commonwealth authority—the person (by whatever name called) who is responsible for the administration of the authority; or
(b) for a non‑Commonwealth licensee—the person (by whatever name called) who is primarily and directly responsible to the directors of the licensee for the general and overall management of the licensee.
Comcare means the body corporate established by section 68 of the Safety, Rehabilitation and Compensation Act 1988.
Commission means the Safety, Rehabilitation and Compensation Commission established by section 89A of the Safety, Rehabilitation and Compensation Act 1988.
Commonwealth authority means:
(a) a body corporate established for a public purpose by or under a law of the Commonwealth or a law of a Territory (other than the Australian Capital Territory, the Northern Territory or Norfolk Island); or
(b) a body corporate:
(i) that is incorporated under a law of the Commonwealth or a State or Territory; and
(ii) in which the Commonwealth, or a body corporate referred to in paragraph (a), has a controlling interest; and
(iii) that is not a body corporate that the Minister, by notice published in the Gazette, has declared not to be a Commonwealth authority for the purposes of this Act; or
(c) a body corporate:
(i) that is incorporated under a law of the Commonwealth or a State or Territory; and
(ii) in which the Commonwealth has a substantial interest; and
(iii) that is a body corporate that the Minister, by notice published in the Gazette, has declared to be a Commonwealth authority for the purposes of this Act; or
(d) a body corporate:
(i) that is not covered by paragraph (a), (b) or (c); and
(ii) for which a licence under Part VIII of the Safety, Rehabilitation and Compensation Act 1988 is in force (whether or not the licence is suspended); and
(iii) that was not an eligible corporation for the purposes of that Part when the licence was granted.
Commonwealth authority contractor has the meaning given by section 9A.
Commonwealth authority employee has the meaning given by section 9.
Commonwealth contractor has the meaning given by section 9A.
Commonwealth employee has the meaning given by section 9.
Commonwealth premises means premises owned or occupied by the Commonwealth or by a Commonwealth authority.
contract includes any arrangement or understanding.
contractor has the meaning given by section 9A.
Note: In section 14, the meaning of contractor is affected by subsection 14(3).
controlling interest, in relation to a body corporate, means:
(a) an interest in the body corporate that enables the person holding the interest to:
(i) control the composition of the board of directors of the body corporate; or
(ii) cast, or control the casting of, more than one‑half of the maximum number of votes that might be cast at a general meeting of the body corporate; or
(iii) control more than one‑half of the issued share capital of the body corporate (excluding any part of that issued share capital that carries no right to participate beyond a specified amount in a distribution of either profits or capital); or
(b) an interest in another body corporate that constitutes, under paragraph (a), a controlling interest in that other body corporate, being:
(i) a body corporate that, under paragraph (a), has a controlling interest in the first‑mentioned body corporate; or
(ii) a body corporate that has such a controlling interest by another application or other applications of this paragraph.
dangerous occurrence means an occurrence, at a workplace, that is declared by the regulations to be a dangerous occurrence for the purpose of this definition.
designated work group means a group of employees established as a designated work group in accordance with section 24, or that designated work group as varied in accordance with that section, and, in relation to an employer, means such a group that consists entirely of employees of that employer.
employee has the meaning given in section 9.
employee representative means:
(a) in relation to an employee of an employer—a registered organisation of employees, or an association, of which the employee is a member, being an employee who is qualified to be such a member by virtue of the work the employee performs as an employee of the employer; or
(b) in relation to a designated work group—a registered organisation of employees, or an association, of which an employee included in the group is a member, being an employee who is qualified to be such a member by virtue of the work the employee performs as an employee included in the group.
employer means:
(a) the Commonwealth; or
(b) a Commonwealth authority; or
(c) a non‑Commonwealth licensee.
employing authority means:
(a) in relation to a person who is a Commonwealth employee or a Commonwealth contractor:
(i) the person or body specified in the regulations to be the employing authority in relation to that first‑mentioned person or in relation to a class of persons that includes that first‑mentioned person; or
(ii) if the regulations do not so specify a person or body—the principal officer of the Entity for which the first‑mentioned person is performing work; or
(b) in relation to a workplace at which, or any plant, substance or thing with which, a person of the kind first‑mentioned in paragraph (a) is performing work for the Commonwealth—the person or body who is, under paragraph (a), the employing authority in relation to that first‑mentioned person.
Entity means:
(a) an Agency, within the meaning of the Public Service Act 1999, that is not a Commonwealth authority; or
(b) a Parliamentary Department within the meaning of the Parliamentary Service Act 1999; or
(c) a person, body, organisation or group of persons prescribed for this paragraph.
Government business enterprise means:
(a) a Commonwealth authority to which paragraph (a) or (d) of the definition of Commonwealth authority applies:
(i) that is specified in Schedule 1; or
(ii) that the Minister, by instrument published in the Gazette, has declared to be a Government business enterprise for the purposes of this Act; or
(b) a Commonwealth authority to which paragraph (b) or (c) of that definition applies.
health and safety management arrangements means the health and safety management arrangements referred to in paragraph 16(2)(d).
improvement notice means an improvement notice issued under subsection 47(1).
investigation means an investigation conducted under Part 4.
investigator means a person appointed under section 40 to be an investigator.
involved: a person is involved in a breach of a provision if, and only if, the person has:
(a) aided, abetted, counselled or procured the breach; or
(b) has induced, whether by threats or promises or otherwise, the breach; or
(c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the breach; or
(d) has conspired with others to effect the breach.
member, in relation to the Commission, has the additional meaning given in subsection (3A).
non‑Commonwealth licensee means a body corporate:
(a) for which a licence under Part VIII of the Safety, Rehabilitation and Compensation Act 1988 is in force (whether or not the licence is suspended); and
(b) that was an eligible corporation for the purposes of that Part when the licence was granted; and
(c) that is not a Commonwealth authority for the purposes of this Act.
non‑Commonwealth licensee contractor has the meaning given by section 9A.
non‑Commonwealth licensee employee has the meaning given by section 9.
non‑Commonwealth licensee premises, in relation to a particular non‑Commonwealth licensee, means premises owned or occupied by the non‑Commonwealth licensee.
own, in relation to a workplace, plant, a substance or a thing, includes own jointly, or own in part, the workplace, plant, substance or thing.
plant includes any machinery, equipment or tool, and any component thereof.
premises includes any place (whether enclosed or built on or not), including a place situated under ground or under water, and, in particular, includes:
(a) a building, aircraft, vehicle or vessel; and
(b) any structure, whether a fixed structure, or a moveable structure such as a tent, and whether on land, on the bed of any waters or floating on any waters; and
(c) a part of premises (including a part of premises of a kind referred to in paragraph (a) or (b).
principal officer, in relation to a Commonwealth authority, means:
(a) the person who constitutes, or is acting as the person who constitutes, the authority or, if the authority is constituted by 2 or more persons, the person who is entitled to preside at any meeting of the authority at which he or she is present; or
(b) if the affairs of the authority are administered or managed by a board or other group of persons—the person who is entitled to preside at any meeting of that board or other group at which he or she is present.
principal officer, in relation to an Entity, means:
(a) if the Entity is an Agency that is not a Commonwealth authority—the Agency Head within the meaning of the Public Service Act 1999; or
(b) if the Entity is a Parliamentary Department—the Secretary of the Parliamentary Department within the meaning of the Parliamentary Service Act 1999; or
(c) if the Entity is a person, body, organisation or group of persons prescribed for paragraph (c) of the definition of Entity—the person prescribed as the principal officer.
prohibition notice means a prohibition notice issued under subsection 46(1).
registered organisation means:
(a) an association that is registered or recognised under the Fair Work (Registered Organisations) Act 2009; or
(b) a body that is declared by the regulations to be a registered organisation for the purposes of this Act.
reviewing authority means Fair Work Australia, established under section 575 of the Fair Work Act 2009.
substantial interest, in relation to a body corporate, means an interest (other than a controlling interest) in the body corporate that enables the person holding the interest to cast, or control the casting of, a number of votes at a general meeting of the body corporate that is equal to or greater than the number of votes which may be cast, or whose casting may be controlled, by any other single person.
workplace means:
(a) any Commonwealth premises in which Commonwealth employees or Commonwealth contractors work; or
(b) any Commonwealth premises in which Commonwealth authority employees or Commonwealth authority contractors work; or
(c) any non‑Commonwealth licensee premises of a non‑Commonwealth licensee in which non‑Commonwealth licensee employees, or non‑Commonwealth licensee contractors, of the licensee work.
However, workplace does not include any part of premises that is primarily used as a private dwelling. (2) A reference in a particular provision of this Act to the responsible Minister in relation to an employer, other than a Commonwealth authority covered by paragraph (c) or (d) of the definition of Commonwealth authority in subsection 5(1) or a non‑Commonwealth licensee, is a reference: (a) where the employer is the Commonwealth and, in the circumstances set out in that provision, is acting through a particular Entity—to the Minister responsible for that Entity; and (b) where the employer is a Commonwealth authority referred to in paragraph (a) of the definition of Commonwealth authority—to the Minister who is responsible for the administration of the Act or other law under which the Commonwealth authority is established; and (c) where the employer is a Commonwealth authority referred to in paragraph (b) of the definition of Commonwealth authority—to the Minister who is responsible for the administration of the Entity dealing with matters that include the matters for the performance of which the Commonwealth authority was principally incorporated. (3) For the purposes of this Act, an employee is to be taken to be at work at all times when the employee is performing work in connection with an undertaking carried on by an employer, whether or not the work is carried out at a workplace. (3A) A reference in this Act to a member of the Commission includes a reference to the Chief Executive Officer appointed under section 74 of the Safety, Rehabilitation and Compensation Act 1988. (4) A reference in this Act to an employee of an employer at a particular workplace is a reference to an employee who works at that workplace in the capacity of an employee of that employer. (5) A reference in this Act to an accident includes a reference to the contracting of a disease. (6) A reference in this Act to a breach of this Act or to a breach of the regulations includes, where the breach constitutes an offence, a reference to: (a) an offence against section 11.1, 11.4 or 11.5 of the Criminal Code that relates to the breach; or (b) an offence against section 6 of the Crimes Act 1914 that relates to the breach. (7) Where this Act refers to a Minister, specifying the Minister merely by reference to the Minister administering an Act, the reference to the Minister is to be taken to be a reference to: (a) if, for the time being, different Ministers administer the Act in respect of different matters: (i) if 2 or more Ministers administer the Act in respect of the relevant matter—any one of those Ministers; or (ii) if only one Minister administers the Act in respect of the relevant matter—that Minister; or (b) if paragraph (a) does not apply and, for the time being, 2 or more Ministers administer the Act—any one of those Ministers; or (c) if paragraphs (a) and (b) do not apply—the Minister for the time being administering the Act. (8) An instrument referred to in the definition of Government business enterprise in subsection (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
(1) Nothing in this Act requires or permits a person to take any action, or to refrain from taking any action, that would be, or could reasonably be expected to be, prejudicial to Australia’s national security. (2) Without limiting, by implication, the generality of subsection (1), the Director‑General of Security may, after consulting with the Minister, by notice in writing, declare that specified provisions of this Act do not apply, or apply subject to such modifications and adaptations as are set out in the declaration, in relation to: (a) premises or a workplace under the control of the Director‑General; or (b) a person who is employed under section 84 of the Australian Security Intelligence Organisation Act 1979; or (c) the performance of work by such a person for the purpose of carrying out a function set out in section 17 of that Act; and such a declaration has effect accordingly. (3) In administering the Australian Security Intelligence Organisation and in the exercise of the power under subsection (2), the Director‑General of Security must take into account the need to promote the objects of this Act to the greatest extent consistent with the maintenance of Australia’s national security. (4) A notice in writing under subsection (2) is a disallowable instrument for the purpose of section 46A of the Acts Interpretation Act 1901.
(1) Nothing in this Act requires or permits a person to take any action, or to refrain from taking any action, that would be, or could reasonably be expected to be, prejudicial to Australia’s defence. (2) Without limiting, by implication, the generality of subsection (1), the Chief of the Defence Force may, after consulting with the Minister, by notice in writing, declare that specified provisions of this Act do not apply, or apply subject to such modifications and adaptations as are set out in the declaration, in relation to a specified member of the Defence Force, or members of the Defence Force included in a specified class of such members, and such a declaration has effect accordingly. (3) In the exercise of the power under subsection (2), the Chief of the Defence Force must take into account the need to promote the objects of this Act to the greatest extent consistent with the maintenance of Australia’s defence. (4) A notice in writing under subsection (2) is a disallowable instrument for the purpose of section 46A of the Acts Interpretation Act 1901.
(1) Nothing in this Act requires or permits a person to take any action, or to refrain from taking any action, that would be, or could reasonably be expected to be, prejudicial to an existing or future covert operation or dangerous operation of the Australian Federal Police. (2) In this section:
AFP employee has the same meaning as in the Australian Federal Police Act 1979.
covert operation means the performance of a function or service under section 8 of the Australian Federal Police Act 1979 where knowledge of the operation by an unauthorised person, may:
(a) reduce the effectiveness of the performance of the function or service; or
(b) expose a person to the danger of physical harm or death arising from the actions of another person.
dangerous operation means the performance of a function or service under section 8 of the Australian Federal Police Act 1979 in circumstances where exposure of the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police, or an AFP employee to the danger of serious physical harm or death, other than a danger arising from a cause within the control of the Australian Federal Police, is reasonably necessary for the effective performance of the function or the provision of the service.
unauthorised person in relation to a covert operation, means a person, including an AFP employee, who is not involved in the approval, planning or execution of the operation.
Employee (1) An employee is: (a) a Commonwealth employee (see subsection (1A)); or (b) a Commonwealth authority employee (see subsection (2A)); or (c) a non‑Commonwealth licensee employee (see subsection (3A)). Commonwealth employee (1A) A Commonwealth employee is a person who is employed by the Commonwealth, whether the person is so employed under a law of the Commonwealth or of a Territory or under a contract of service or apprenticeship. (2) Without limiting the generality of subsection (1A): (a) the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police or an AFP employee (all within the meaning of the Australian Federal Police Act 1979); or (b) a member of the Defence Force; or (c) a person (other than a person to whom subsection (3) applies) who is the holder of or is acting in: (i) an office established by a law of the Commonwealth, other than an office that is declared by the Minister, by notice in writing, to be an office in relation to which this Act does not apply; or (ii) an office that is established by a law of a Territory (other than the Australian Capital Territory, the Northern Territory or Norfolk Island) and is declared by the Minister, by notice in writing, to be an office in relation to which this Act applies; is, for the purposes of this Act, to be taken to be employed by the Commonwealth, and the person’s employment is, for those purposes, to be taken to be constituted by the person’s performance of duties as the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police or an AFP employee, by the person’s performance of duties as such a member of the Defence Force or by the person’s performance of the duties of that office, as the case may be. Commonwealth authority employee (2A) A Commonwealth authority employee of a particular Commonwealth authority is a person who is employed by the authority, whether the person is so employed under a law of the Commonwealth or of a Territory or under a contract of service or apprenticeship. (3) Without limiting the generality of subsection (2A), a person who: (a) constitutes, or is acting as the person constituting, a Commonwealth authority; or (b) is, or is acting as, a member of such an authority; or (c) is, or is acting as, a member of a body established, by or under the Act establishing such an authority, for a purpose associated with the performance of the functions of the authority; or (d) is a deputy of a member referred to in paragraph (b) or (c); is, for the purposes of this Act, to be taken to be employed by that authority, and the person’s employment is, for those purposes, to be taken to be constituted by the performance of: (e) the duties of the authority; or (f) the person’s duties as such a member or acting member; or (g) the person’s duties as such a deputy; as the case may be. Non‑Commonwealth licensee employee (3A) Subject to subsection (3B), a non‑Commonwealth licensee employee of a particular non‑Commonwealth licensee is a person who is employed by the licensee, whether the person is so employed under a law of the Commonwealth or of a State or Territory, or under a contract of service or apprenticeship. (3B) If, under the Safety, Rehabilitation and Compensation Act 1988, the licence of a non‑Commonwealth licensee covers only some of the people referred to in subsection (1), only such of those people as are covered by the licence are non‑Commonwealth licensee employees of the licensee for the purposes of this Act. External territory public servants not covered (4) This Act does not apply in relation to an officer or employee of the Public Service of an external Territory. Minister’s power to declare people to be employed by Commonwealth or Commonwealth authority (5) The Minister may, by notice in writing, declare: (a) that a person who is included in a class of persons specified in the notice, being a class of persons who engage in activities or perform acts: (i) at the request or direction, for the benefit, or under a requirement made by or under a law, of the Commonwealth; or (ii) at the request or direction, or for the benefit, of a Commonwealth authority; is, for the purposes of this Act, to be taken to be employed by the Commonwealth, or by that authority, as the case may be; and (b) that the employment of the person is, for those purposes, to be taken to be constituted by the performance by the person of such acts as are specified in the notice; and such a declaration has effect accordingly. (6) A notice in writing under paragraph (2)(c) or subsection (5) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
Contractor (1) A contractor is: (a) a Commonwealth contractor (see subsection (2)); or (b) a Commonwealth authority contractor (see subsection (3)); or (c) a non‑Commonwealth licensee contractor (see subsection (4)).
Note: In section 14, the meaning of contractor is affected by subsection 14(3).
Commonwealth contractor (2) A Commonwealth contractor is a natural person (other than a Commonwealth employee or a Commonwealth authority employee) who performs work on Commonwealth premises in connection with a contract between: (a) the Commonwealth; and (b) that person or another person (whether a natural person or not); which is in connection with an undertaking being carried on by the Commonwealth. Commonwealth authority contractor (3) A Commonwealth authority contractor of a particular Commonwealth authority is a natural person (other than a Commonwealth employee or a Commonwealth authority employee) who performs work on Commonwealth premises in connection with a contract between: (a) the authority; and (b) that person or another person (whether a natural person or not); which is in connection with an undertaking being carried on by the authority. Non‑Commonwealth licensee contractor (4) A non‑Commonwealth licensee contractor of a particular non‑Commonwealth licensee is a natural person (other than an employee of the licensee) who performs work on non‑Commonwealth licensee premises of the licensee in connection with a contract between: (a) the licensee; and (b) that person or another person (whether a natural person or not); which is in connection with an undertaking being carried on by the licensee.
(1) For the purposes of this Act and any other law: (a) duties imposed by this Act or the regulations on the Commonwealth as an employer shall, so far as they concern those Commonwealth employees, and those Commonwealth contractors, in relation to whom a particular person or body is the employing authority, be performed by that person or body; and (b) anything done by that person or body in the capacity of an employing authority has effect as if it had been done by the Commonwealth; and (c) anything served on, or otherwise given or notified to, that person or body in the capacity of an employing authority has effect as if it had been served on, or given or notified to, the Commonwealth. (2) For the purposes of this Act and any other law, the duties imposed by this Act on the Commonwealth as an employer must, so far as they concern a workplace, or any plant, substance or thing, in relation to which one or more than one person or body is the employing authority, be performed by that person or body, or jointly by those persons or bodies, as the case requires.
(1) This Act binds the Crown in right of the Commonwealth. (2) Nothing in this Act has the effect of making the Commonwealth or a Commonwealth authority (other than a Government business enterprise): (a) liable to be prosecuted for an offence; or (b) liable to pay any fine or penalty under the Act or the regulations, other than as mentioned in subsection (3). (3) Subsection (2) does not prevent the Commonwealth or a Commonwealth authority from being: (a) subject to proceedings for a contravention of subclause 2(1) of Schedule 2; or (b) liable to pay a pecuniary penalty under subclause 4(1) of Schedule 2.
Note: A court may also grant an injunction under clause 14 of Schedule 2, make remedial orders under clause 15 of Schedule 2 or enforce undertakings under clause 16 of Schedule 2.
(4) Subsection (2) does not prevent the following: (a) a Commonwealth employee; or (b) a Commonwealth authority employee (including an employee of a Government business enterprise); or (c) a Government business enterprise; from being: (d) subject to proceedings for a contravention of subclause 2(1) of Schedule 2; or (e) liable to be prosecuted for an offence; or (f) liable to pay any fine or penalty under the Act or the regulations.
(1) For the purposes of paragraph 89B(c) of the Safety, Rehabilitation and Compensation Act 1988, the following additional functions are conferred on the Commission: (a) to ensure, in accordance with this Act and the regulations, that the obligations imposed by or under this Act are complied with; (b) to advise employers, employees or contractors, either on its own initiative or on request, on occupational health and safety matters affecting such employers, employees or contractors (including the matters that should be covered by health and safety management arrangements); (c) to collect, interpret and report information relating to occupational health and safety in the employment of employees; (d) to formulate policies and strategies relating to the occupational health and safety of employees; (e) to advise the Minister: (i) on the most effective means of giving effect to the objects of this Act; and (ii) on the making of regulations under this Act; and (iii) on the approval of codes of practice under section 70; (f) to accredit occupational health and safety training courses for the purposes of section 27; (g) to liaise with other bodies concerned with occupational health and safety; (h) to issue any directions that the Commission considers to be appropriate to employers on the conduct of elections under section 25A for health and safety representatives. (2) The Minister may, in writing, give a direction to the Commission concerning the performance of its functions, and the exercise of its powers, under this Act, and the Commission must comply with any direction so given.
(1) The additional functions conferred on the Commission under paragraph 12(1)(a) do not include the specific functions conferred on Comcare under this Act. (2) The Minister may, in writing, give a direction to Comcare with respect to the performance of its functions and the exercise of its powers under this Act. (3) Comcare must comply with a direction given under this section.
(1) This Act extends to all the external Territories. (2) This Act (other than Parts 3 and 4) has extra‑territorial operation according to its terms.
(1) Despite anything in this Act, if a workplace is controlled by a contractor for construction or maintenance purposes: (a) this Act, other than section 20, does not apply to that workplace while it is so controlled; and (b) this Act, other than section 20, does not apply to work performed by contractors at that workplace while it is so controlled; and (c) this Act, other than Parts 1 and 2 and section 82, applies to work performed by employees at that workplace while it is so controlled: (i) only if the regulations so provide; and (ii) subject to such modifications and adaptations (if any) as are set out in the regulations.
Note: For the meaning of contractor, see section 9A and subsection (3) of this section.
(2) For the purposes of subsection (1), a workplace is not taken not to be controlled by a contractor simply because of the presence at the workplace of an employee of the employer for which the contractor is performing work if that employee has no right to direct the work of the persons working for the contractor. (3) For the purpose of this section, contractor has the meaning given by section 9A, except that: (a) it also includes persons who would be contractors under section 9A if references in subsections 9A(2), (3) and (4) to natural persons were extended to also include bodies corporate, other than any body corporate that is a Commonwealth authority or a non‑Commonwealth licensee; and (b) it does not include any person who is an employee (as defined in section 9).
Where an employee ordinarily performs his or her work at a particular place but that place is neither Commonwealth premises nor non‑Commonwealth licensee premises, this Act, other than Parts 1 and 2 and section 82, applies in relation to that employee or to that place of work: (a) only if the regulations so provide; and (b) subject to such modifications and adaptations (if any) as are set out in the regulations.
Chapter 2 of the Criminal Code (except Part 2.5) applies to all offences against this Act.
Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Note 2: For the purposes of this Act, corporate criminal responsibility is dealt with by section 78, rather than by Part 2.5 of the Criminal Code.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This Act may be cited as the Occupational Health and Safety Act 1991.
(1) Sections 1 and 2 commence on the day on which this Act receives the Royal Assent. (2) Subject to subsection (3), the remaining provisions of this Act commence on a day or days to be fixed by Proclamation. (3) If a provision referred to in subsection (2) does not commence within the period of 6 months commencing on the day on which this Act receives the Royal Assent, that provision commences on the first day after the end of that period.
The objects of this Act are: (a) to secure the health, safety and welfare at work of employees of the Commonwealth, of Commonwealth authorities and of non‑Commonwealth licensees; and (b) to protect persons at or near workplaces from risks to health and safety arising out of the activities of such employees at work; and (c) to ensure that expert advice is available on occupational health and safety matters affecting employers, employees and contractors; and (d) to promote an occupational environment for such employees at work that is adapted to their needs relating to health and safety; and (e) to foster a co‑operative consultative relationship between employers and employees on the health, safety and welfare of such employees at work; and (f) to encourage and assist employers, employees and other persons on whom obligations are imposed under the Act to observe those obligations; and (g) to provide for effective remedies if obligations are not met, through the use of civil remedies and, in serious cases, criminal sanctions.
Exclusion of State and Territory laws (1) Subject to subsection (2), this Act is intended to apply to the exclusion of any law of a State or Territory (other than a law prescribed under subsection (3)) to the extent that the law of the State or Territory relates to occupational health or safety and would otherwise apply in relation to employers, employees or the employment of employees.
Note: For the meaning of employer and employee, see section 5.
State or Territory laws not excluded from applying to situations not covered by this Act (2) If, because of section 14 or 15, provisions of this Act do not apply in relation to a particular situation, subsection (1) is not intended to affect the application of State or Territory laws to that situation. Allowing certain State or Territory laws to apply (3) If a State or Territory law deals with a matter relating to occupational health or safety that is not dealt with by or under this Act, the regulations may prescribe the law as not being intended to be excluded by this Act. Interpretation (4) In this section, a reference to laws of a State or Territory includes a reference to such laws as they have effect as applied provisions within the meaning of the Commonwealth Places (Application of Laws) Act 1970. (5) In this section:
law includes a provision of a law (including, for example, a formula or a component of a formula).
(1) In this Act, unless the contrary intention appears:
annual report, in relation to an Entity or a Commonwealth authority, means its annual report (if any) to the responsible Minister relating to its activities, operations, business or affairs.
annual report of Comcare means the annual report on Comcare prepared under section 9 of the Commonwealth Authorities and Companies Act 1997.
annual report of the Commission means the annual report of the Commission under section 89S of the Safety, Rehabilitation and Compensation Act 1988.
association means an association of employees, a principal purpose of which is the protection and promotion of the employees’ interests in matters concerning their employment.
chief executive officer means:
(a) for a Commonwealth authority—the person (by whatever name called) who is responsible for the administration of the authority; or
(b) for a non‑Commonwealth licensee—the person (by whatever name called) who is primarily and directly responsible to the directors of the licensee for the general and overall management of the licensee.
Comcare means the body corporate established by section 68 of the Safety, Rehabilitation and Compensation Act 1988.
Commission means the Safety, Rehabilitation and Compensation Commission established by section 89A of the Safety, Rehabilitation and Compensation Act 1988.
Commonwealth authority means:
(a) a body corporate established for a public purpose by or under a law of the Commonwealth or a law of a Territory (other than the Australian Capital Territory, the Northern Territory or Norfolk Island); or
(b) a body corporate:
(i) that is incorporated under a law of the Commonwealth or a State or Territory; and
(ii) in which the Commonwealth, or a body corporate referred to in paragraph (a), has a controlling interest; and
(iii) that is not a body corporate that the Minister, by notice published in the Gazette, has declared not to be a Commonwealth authority for the purposes of this Act; or
(c) a body corporate:
(i) that is incorporated under a law of the Commonwealth or a State or Territory; and
(ii) in which the Commonwealth has a substantial interest; and
(iii) that is a body corporate that the Minister, by notice published in the Gazette, has declared to be a Commonwealth authority for the purposes of this Act; or
(d) a body corporate:
(i) that is not covered by paragraph (a), (b) or (c); and
(ii) for which a licence under Part VIII of the Safety, Rehabilitation and Compensation Act 1988 is in force (whether or not the licence is suspended); and
(iii) that was not an eligible corporation for the purposes of that Part when the licence was granted.
Commonwealth authority contractor has the meaning given by section 9A.
Commonwealth authority employee has the meaning given by section 9.
Commonwealth contractor has the meaning given by section 9A.
Commonwealth employee has the meaning given by section 9.
Commonwealth premises means premises owned or occupied by the Commonwealth or by a Commonwealth authority.
contract includes any arrangement or understanding.
contractor has the meaning given by section 9A.
Note: In section 14, the meaning of contractor is affected by subsection 14(3).
controlling interest, in relation to a body corporate, means:
(a) an interest in the body corporate that enables the person holding the interest to:
(i) control the composition of the board of directors of the body corporate; or
(ii) cast, or control the casting of, more than one‑half of the maximum number of votes that might be cast at a general meeting of the body corporate; or
(iii) control more than one‑half of the issued share capital of the body corporate (excluding any part of that issued share capital that carries no right to participate beyond a specified amount in a distribution of either profits or capital); or
(b) an interest in another body corporate that constitutes, under paragraph (a), a controlling interest in that other body corporate, being:
(i) a body corporate that, under paragraph (a), has a controlling interest in the first‑mentioned body corporate; or
(ii) a body corporate that has such a controlling interest by another application or other applications of this paragraph.
dangerous occurrence means an occurrence, at a workplace, that is declared by the regulations to be a dangerous occurrence for the purpose of this definition.
designated work group means a group of employees established as a designated work group in accordance with section 24, or that designated work group as varied in accordance with that section, and, in relation to an employer, means such a group that consists entirely of employees of that employer.
employee has the meaning given in section 9.
employee representative means:
(a) in relation to an employee of an employer—a registered organisation of employees, or an association, of which the employee is a member, being an employee who is qualified to be such a member by virtue of the work the employee performs as an employee of the employer; or
(b) in relation to a designated work group—a registered organisation of employees, or an association, of which an employee included in the group is a member, being an employee who is qualified to be such a member by virtue of the work the employee performs as an employee included in the group.
employer means:
(a) the Commonwealth; or
(b) a Commonwealth authority; or
(c) a non‑Commonwealth licensee.
employing authority means:
(a) in relation to a person who is a Commonwealth employee or a Commonwealth contractor:
(i) the person or body specified in the regulations to be the employing authority in relation to that first‑mentioned person or in relation to a class of persons that includes that first‑mentioned person; or
(ii) if the regulations do not so specify a person or body—the principal officer of the Entity for which the first‑mentioned person is performing work; or
(b) in relation to a workplace at which, or any plant, substance or thing with which, a person of the kind first‑mentioned in paragraph (a) is performing work for the Commonwealth—the person or body who is, under paragraph (a), the employing authority in relation to that first‑mentioned person.
Entity means:
(a) an Agency, within the meaning of the Public Service Act 1999, that is not a Commonwealth authority; or
(b) a Parliamentary Department within the meaning of the Parliamentary Service Act 1999; or
(c) a person, body, organisation or group of persons prescribed for this paragraph.
Government business enterprise means:
(a) a Commonwealth authority to which paragraph (a) or (d) of the definition of Commonwealth authority applies:
(i) that is specified in Schedule 1; or
(ii) that the Minister, by instrument published in the Gazette, has declared to be a Government business enterprise for the purposes of this Act; or
(b) a Commonwealth authority to which paragraph (b) or (c) of that definition applies.
health and safety management arrangements means the health and safety management arrangements referred to in paragraph 16(2)(d).
improvement notice means an improvement notice issued under subsection 47(1).
investigation means an investigation conducted under Part 4.
investigator means a person appointed under section 40 to be an investigator.
involved: a person is involved in a breach of a provision if, and only if, the person has:
(a) aided, abetted, counselled or procured the breach; or
(b) has induced, whether by threats or promises or otherwise, the breach; or
(c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the breach; or
(d) has conspired with others to effect the breach.
member, in relation to the Commission, has the additional meaning given in subsection (3A).
non‑Commonwealth licensee means a body corporate:
(a) for which a licence under Part VIII of the Safety, Rehabilitation and Compensation Act 1988 is in force (whether or not the licence is suspended); and
(b) that was an eligible corporation for the purposes of that Part when the licence was granted; and
(c) that is not a Commonwealth authority for the purposes of this Act.
non‑Commonwealth licensee contractor has the meaning given by section 9A.
non‑Commonwealth licensee employee has the meaning given by section 9.
non‑Commonwealth licensee premises, in relation to a particular non‑Commonwealth licensee, means premises owned or occupied by the non‑Commonwealth licensee.
own, in relation to a workplace, plant, a substance or a thing, includes own jointly, or own in part, the workplace, plant, substance or thing.
plant includes any machinery, equipment or tool, and any component thereof.
premises includes any place (whether enclosed or built on or not), including a place situated under ground or under water, and, in particular, includes:
(a) a building, aircraft, vehicle or vessel; and
(b) any structure, whether a fixed structure, or a moveable structure such as a tent, and whether on land, on the bed of any waters or floating on any waters; and
(c) a part of premises (including a part of premises of a kind referred to in paragraph (a) or (b).
principal officer, in relation to a Commonwealth authority, means:
(a) the person who constitutes, or is acting as the person who constitutes, the authority or, if the authority is constituted by 2 or more persons, the person who is entitled to preside at any meeting of the authority at which he or she is present; or
(b) if the affairs of the authority are administered or managed by a board or other group of persons—the person who is entitled to preside at any meeting of that board or other group at which he or she is present.
principal officer, in relation to an Entity, means:
(a) if the Entity is an Agency that is not a Commonwealth authority—the Agency Head within the meaning of the Public Service Act 1999; or
(b) if the Entity is a Parliamentary Department—the Secretary of the Parliamentary Department within the meaning of the Parliamentary Service Act 1999; or
(c) if the Entity is a person, body, organisation or group of persons prescribed for paragraph (c) of the definition of Entity—the person prescribed as the principal officer.
prohibition notice means a prohibition notice issued under subsection 46(1).
registered organisation means:
(a) an association that is registered or recognised under the Fair Work (Registered Organisations) Act 2009; or
(b) a body that is declared by the regulations to be a registered organisation for the purposes of this Act.
reviewing authority means Fair Work Australia, established under section 575 of the Fair Work Act 2009.
substantial interest, in relation to a body corporate, means an interest (other than a controlling interest) in the body corporate that enables the person holding the interest to cast, or control the casting of, a number of votes at a general meeting of the body corporate that is equal to or greater than the number of votes which may be cast, or whose casting may be controlled, by any other single person.
workplace means:
(a) any Commonwealth premises in which Commonwealth employees or Commonwealth contractors work; or
(b) any Commonwealth premises in which Commonwealth authority employees or Commonwealth authority contractors work; or
(c) any non‑Commonwealth licensee premises of a non‑Commonwealth licensee in which non‑Commonwealth licensee employees, or non‑Commonwealth licensee contractors, of the licensee work.
However, workplace does not include any part of premises that is primarily used as a private dwelling. (2) A reference in a particular provision of this Act to the responsible Minister in relation to an employer, other than a Commonwealth authority covered by paragraph (c) or (d) of the definition of Commonwealth authority in subsection 5(1) or a non‑Commonwealth licensee, is a reference: (a) where the employer is the Commonwealth and, in the circumstances set out in that provision, is acting through a particular Entity—to the Minister responsible for that Entity; and (b) where the employer is a Commonwealth authority referred to in paragraph (a) of the definition of Commonwealth authority—to the Minister who is responsible for the administration of the Act or other law under which the Commonweal
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