Schedule 1—Modifications of the Work Health and Safety Regulations 2011
Note 1: See section 141.
Note 2: This Schedule modifies the Work Health and Safety Regulations 2011 as they apply for the purposes of Part 1 of Chapter 6 of the Act. This Schedule does not otherwise affect that instrument.
Work Health and Safety Regulations 2011
1 Regulation 5 (after the heading)
Insert:
Note: A number of expressions included in these Regulations are defined in the Act, as it applies and is modified because of Part 1 of Chapter 6 of the Offshore Electricity Infrastructure Act 2021, including the following:
accepted DSMS means a DSMS that is accepted by the regulator under regulation 168C or 168D.
Note: Acceptance of a DSMS ends after 5 years, if it is withdrawn by the regulator or if the regulator accepts a revised version of the DSMS: see regulation 168K.
ADAS means the Australian Diver Accreditation Scheme administered by the Board of the Australian Diver Accreditation Scheme.
approved diving project plan for a diving project means a diving project plan for the project that is approved under regulation 169B by the holder of the OEI licence the project is connected with.
Note: The holder of the OEI licence may withdraw the approval. Regulation 169D requires withdrawal in certain circumstances.
3 Subregulation 5(1) (paragraph (b) of the definition of competent person)
Repeal the paragraph.
4 Subregulation 5(1)
Insert:
covers: an accepted DSMS covers a diving project directly involving one or more persons conducting businesses or undertakings if:
(a) one of those persons gave the DSMS to the regulator for acceptance; and
(b) each of those persons is committed to complying with the DSMS, and the conditions (if any) on its acceptance, as the sole DSMS relevant to the project.
Note: Only one accepted DSMS can cover a diving project at any time.
crewed submersible craft means a craft that is designed to maintain its occupant, or some or all of its occupants, at or near atmospheric pressure while submerged (whether or not it is self‑propelled, and whether or not it is supplied with breathing mixture by umbilical), including a craft in the form of a suit.
directly involved with a diving project, diving operation, or diving work included in a diving project, that is connected with an OEI licence: without limiting the persons conducting businesses or undertakings who are (apart from this definition) directly involved with the project, operation or work, the holder of the OEI licence is directly involved with the project, operation or work.
diver means a worker who carries out diving work.
diving has the meaning given by regulation 167A.
diving operation means one or more dives conducted as part of regulated offshore activities connected with a single OEI licence.
Note: Regulation 167B explains when a diving operation begins and ends.
diving project means an activity consisting of one or more diving operations connected with a single OEI licence.
diving supervisor means a person appointed under regulation 172A as a diving supervisor to supervise diving included in a diving operation.
diving work means work involving diving.
DSMS means a diving safety management system (whether revised or not).
5 Subregulation 5(1)
Repeal the following definitions:
(a) definition of fitness criteria;
(b) definition of general diving work;
(c) definition of high risk diving work;
(d) definition of incidental diving work;
(e) definition of limited diving;
(f) definition of limited scientific diving work.
6 Subregulation 5(1)
Insert:
OEI licence means a licence under the Offshore Electricity Infrastructure Act 2021.
OEI licence holder, in relation to an OEI licence, means the holder, within the meaning of the Offshore Electricity Infrastructure Act 2021, of the OEI licence.
personnel lifting equipment includes any of the following:
(a) an air stage;
(b) a wet bell;
(c) a closed bell;
(d) a guide wire system.
7 Regulation 6B
Repeal the regulation.
8 Regulation 11A
Repeal the regulation, substitute:
11A Extraterritoriality
(1) These Regulations extend to acts, matters and things in the Commonwealth offshore area.
(2) Regulations 59, 61, 64, 294 and 295 and Chapter 5 extend to acts, matters and things outside Australia relating to plant or structures that are, or are reasonably expected to be, used as or at a workplace in the Commonwealth offshore area where regulated offshore activities are, or are reasonably expected to be, carried out.
(3) Subdivisions 1 and 2 of Division 2 of Part 7.1 extend to acts, matters and things outside Australia relating to substances, mixtures, articles and hazardous chemicals that are, or are reasonably expected to be, used at a workplace in the Commonwealth offshore area where regulated offshore activities are, or are reasonably expected to be, carried out.
(4) Provisions of these Regulations that are not mentioned in subregulation (2) or (3) extend to acts, matters and things outside Australia so far as is necessary for the operation under one of those subregulations of a provision mentioned in that subregulation.
(5) The subregulations of this regulation do not limit one another.
9 Before Division 1 of Part 2.1
Insert:
Division 1A—Consultation
15A Consultation when preparing or revising a management plan under the Offshore Electricity Infrastructure Act 2021
(1) Preparation of a management plan, so far as it might affect the health or safety of workers, is prescribed as an activity for the purposes of section 49 of the Act.
(2) Revision of a management plan, so far as any changes made as a result of the revision might affect the health or safety of workers, is prescribed as an activity for the purposes of section 49 of the Act.
Note 1: The Offshore Electricity Infrastructure Act 2021 provides for OEI licence holders to prepare and revise management plans.
Note 2: This regulation may apply to the preparation or revision of any provision of a management plan that might affect the health or safety of workers, including (but not limited to) provisions included in a management plan for the purposes of section 94 of the Offshore Electricity Infrastructure Regulations 2022.
15B Consultation with unions where there are no workers to consult
If:
(a) Division 2 of Part 5 of the Act requires a person to consult with workers in relation to an activity mentioned in regulation 15A; and
(b) there are no such workers at the time the consultation is required to be carried out;
the person must, under Division 2 of Part 5 of the Act, consult each union that the person considers will be reasonably likely to represent the industrial interests of workers whose health or safety might be directly affected by the activity.
10 After paragraph 21(2)(b)
Insert:
; and (c) any approval (however described) of the course by a corresponding regulator, or by an authority of the Commonwealth that has functions similar to those functions of the regulator that relate to work health and safety.
11 After paragraph 25(3)(b)
Insert:
; and (c) any approval (however described) of the training by a corresponding regulator, or by an authority of the Commonwealth that has functions similar to those functions of the regulator that relate to work health and safety.
12 Subparagraph 28(b)(i)
Repeal the subparagraph, substitute:
(i) that the union is entitled to represent the industrial interests of a worker who works at a workplace (in the Commonwealth offshore area) where there are carried out regulated offshore activities in relation to which the workplace entered is related onshore premises, and who is a member, or eligible to be a member, of that union; and
13 Paragraph 30(a)
Repeal the paragraph, substitute:
(a) that the union is entitled to represent the industrial interests of a worker who works at a workplace (in the Commonwealth offshore area) where there are carried out regulated offshore activities in relation to which the workplace proposed to be entered is related onshore premises, and who is a member, or eligible to be a member, of that union; and
14 Paragraphs 89(2)(b) and (c)
Repeal the paragraphs.
15 Paragraph 142(1)(a)
Omit “, that is at least 6 metres in height”.
16 Subregulation 142(5)
Repeal the subregulation.
17 Part 4.8
Repeal the Part, substitute:
Part 4.8—Diving work
Division 1—Preliminary
167A Meaning of diving
(1) For the purposes of these Regulations, a person is diving if the person:
(a) is in a chamber inside which the ambient pressure is equal to or higher than the hydrostatic pressure at a depth of 1 metre in seawater (whether or not the chamber is submerged in water or another liquid); or
(b) is submerged in water or another liquid and the person’s lungs are subjected to a pressure greater than atmospheric pressure (whether or not the person is wearing a wetsuit or other protective clothing); or
(c) is in a crewed submersible craft that is submerged in water or another liquid.
(2) For the purposes of these Regulations, diving also includes diving using a snorkel and diving without the use of any breathing apparatus.
(3) For the purposes of these Regulations, diving does not include:
(a) diving using a snorkel for the purpose of conducting an environmental survey; or
(b) diving without the use of any breathing apparatus for that purpose.
167B When a diving operation begins and ends
(1) For the purposes of these Regulations, a diving operation begins when the diver, or first diver, who takes part in the operation starts to prepare to dive.
(2) A diving operation ends when the diver, or last diver, who takes part in the operation leaves the water or the chamber or environment in which the dive took place and has completed any necessary decompression procedures.
(3) A diving operation includes the time taken for therapeutic recompression if that is necessary.
Division 2—Diving safety management systems
168A No diving without accepted DSMS
A person conducting a business or undertaking at a workplace must not direct or allow diving work included in a diving project to be carried out at the workplace unless there is an accepted DSMS that covers the project.
Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Penalty: The tier D monetary penalty.
168B Contents of DSMS
(1) A DSMS must meet the minimum standards set out in guidelines made by the regulator for this subregulation, as in force from time to time.
(2) A DSMS must provide for:
(a) all activities connected with a diving project; and
(b) the preparation of a diving project plan, in accordance with Division 3, for a diving project (including consultation with workers in the preparation of the plan) and the revision of the plan as necessary; and
(c) the continual and systematic identification of hazards related to a diving project; and
(d) the continual and systematic assessment of:
(i) the likelihood of the occurrence, during normal or emergency situations, of injury or damage associated with those hazards; and
(ii) the likely nature of any injury or damage; and
(e) the elimination of risks to workers involved with a diving project and associated work including:
(i) risks arising during evacuation, escape and rescue in case of emergency; and
(ii) risks to workers arising from plant for diving;
or the reduction of those risks to as low as reasonably practicable; and
(f) the inspection and maintenance of, and testing programs for, equipment and hardware that is integral to the control of those risks; and
(g) communications between persons involved with a diving project; and
(h) the performance standards that apply to the DSMS; and
(i) a program of continuous improvement.
(3) A DSMS must:
(a) specify any standard or code of practice that is to be used in a diving project; and
(b) require the diving to be carried out in accordance with those standards or codes.
(4) A DSMS must contain:
(a) any information that is reasonably necessary to demonstrate that the DSMS complies with these Regulations; and
(b) a system for the management of change.
168C Acceptance of new DSMS
(1) A person conducting a business or undertaking may give a DSMS to the regulator for acceptance.
(2) Within 60 days after receiving the DSMS, the regulator must accept or reject the DSMS. If the regulator accepts the DSMS, the regulator may place conditions on the acceptance.
Note 1: Regulation 168E affects acceptance or rejection by the regulator.
Note 2: A decision to reject a DSMS or place conditions on acceptance of a DSMS is a reviewable decision (see regulation 676).
(3) As soon as practical after making a decision under subregulation (2), the regulator must notify the person of its decision.
168D Acceptance of revised DSMS
(1) If a person conducting a business or undertaking who gave the regulator a DSMS that the regulator accepted revises the DSMS, the person may give the revised DSMS to the regulator for acceptance.
Note: Regulations 168H and 168J require the person to revise the DSMS and give the revised DSMS to the regulator in certain circumstances.
(2) The regulator must accept or reject the revised DSMS within:
(a) 28 days after receiving it; or
(b) another period agreed between the regulator and the person.
If the regulator accepts the revised DSMS, the regulator may place conditions on the acceptance.
Note 1: Regulation 168E affects acceptance or rejection by the regulator.
Note 2: A decision to reject a DSMS or place conditions on acceptance of a DSMS is a reviewable decision (see regulation 676).
(3) As soon as practical after making a decision under subregulation (2), the regulator must notify the person of its decision.
168E Grounds for rejecting DSMS
The regulator must reject a DSMS if the regulator is not satisfied that:
(a) the DSMS adequately complies with regulation 168B; or
(b) consultation required by regulation 170A was carried out in developing or revising the DSMS.
168F Notice of reasons
(1) If the regulator decides to reject a DSMS, the regulator must set out, in writing, with the notice mentioned in subregulation 168C(3) or 168D(3), the reasons for rejecting the DSMS.
(2) If the regulator decides to impose conditions on acceptance of a DSMS, the regulator must set out, in writing, with the notice mentioned in subregulation 168C(3) or 168D(3), the conditions and the reasons for imposing them.
168G Register of DSMSs
(1) The regulator must keep a register of each DSMS it receives, in a form that allows public access.
(2) The register must record as many of the following details as apply to the DSMS:
(a) the name of the person conducting a business or undertaking who gave the DSMS to the regulator;
(b) the date of acceptance;
(c) any conditions on acceptance;
(d) the date of rejection;
(e) the date that acceptance ended.
168H Revision of DSMS because of developments or changes
A person conducting a business or undertaking who gave the regulator a DSMS that the regulator accepted must revise the DSMS and give the revised DSMS to the regulator for acceptance:
(a) if developments in scientific or technical knowledge, or in the assessment of hazards, relevant to diving projects make it appropriate to do so; or
(b) if, as a result of changes to the guidelines mentioned in subregulation 168B(1), the DSMS does not meet the minimum standards set out in the changed guidelines; or
(c) if a significant change is proposed to a matter that regulation 168B requires the DSMS to address.
Note: Under regulation 168K, the regulator may withdraw the acceptance of the DSMS if the person does not give the regulator a revised DSMS in circumstances required by this regulation.
168J Notice to revise DSMS
(1) The regulator may give, to a person conducting a business or undertaking who gave the regulator a DSMS that the regulator accepted, notice (the revision notice) to revise the DSMS and give the revised DSMS to the regulator for acceptance.
(2) The revision notice must be in writing and must set out:
(a) the matters to be revised; and
(b) the time within which the revised DSMS must be given to the regulator for acceptance; and
(c) the reasons why the revision is necessary.
(3) The person may make a submission in writing to the regulator, within 21 days after receiving the revision notice or any longer period that the regulator allows in writing, setting out the person’s reasons for any of the following:
(a) why the revision is not necessary;
(b) why the revision should be in different terms from those proposed;
(c) why the time within which the revised DSMS must be given to the regulator for acceptance should be extended.
(4) If a person makes a submission under subregulation (3), the regulator must, within 28 days after receiving the submission:
(a) decide whether the regulator accepts the reasons in the submission; and
(b) give the person notice in writing affirming, varying or withdrawing the revision notice; and
(c) if the regulator decides not to accept the reasons or any part of them—set out in the notice under paragraph (b) the grounds for not accepting them.
(5) The person must revise the DSMS, and give the regulator the revised DSMS for acceptance, in accordance with the revision notice as originally given or as varied under subregulation (4), unless the revision notice is withdrawn.
Note: Under regulation 168K, the regulator must withdraw the acceptance of the DSMS if the person does not give the revised DSMS to the regulator.
168K End of acceptance of DSMS
(1) The acceptance of a DSMS by the regulator ends:
(a) 5 years after the acceptance; or
(b) if the regulator withdraws the acceptance under this regulation; or
(c) if the regulator accepts a revised version of the DSMS under regulation 168D.
(2) The regulator may withdraw acceptance of a DSMS if the regulator is satisfied that a person has failed to give the regulator a revised version of the DSMS as required by regulation 168H.
Note: A decision to withdraw acceptance of a DSMS under this subregulation is a reviewable decision (see regulation 676).
(3) The regulator must withdraw acceptance of a DSMS if a person fails to revise the DSMS and give the revised DSMS to the regulator as required by subregulation 168J(5).
Division 3—Diving project plans
169A No diving without diving plan approved by OEI licence holder
A person conducting a business or undertaking who is directly involved with a diving project must not direct or allow diving work included in the project to be carried out unless there is an approved diving project plan for the project.
Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Penalty: The tier D monetary penalty.
169B Approval of diving project plan by OEI licence holder
(1) The holder of an OEI licence may approve a diving project plan (as originally made or as revised) for a diving project connected with the licence, if the holder is satisfied that:
(a) the plan meets the requirements in regulation 169C; and
(b) consultation required by regulation 170A was carried out in developing or revising the plan.
(2) The OEI licence holder must ensure that there is not more than one approved diving project plan for the diving project at any time.
(3) On request by the regulator, the OEI licence holder must give the regulator a copy of a diving project plan approved by the OEI licence holder.
Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Penalty: The tier H monetary penalty.
169C Contents of diving project plan
(1) A diving project plan for a diving project must set out in detail the following matters:
(a) a description of the work to be done;
(b) a description of:
(i) the plant for diving to be used in the project; and
(ii) the procedures to be followed in operating the plant to minimise the risks to the health and safety of workers;
(c) a list of the legislation (including these Regulations) that is reasonably likely to apply to the project;
(d) standards and codes of practice that will be applied in carrying out the project;
(e) a hazard identification;
(f) a risk assessment;
(g) a safety management plan;
(h) job hazard analyses for the diving operations included in the project;
(i) an emergency response plan;
(j) the provisions of:
(i) the accepted DSMS that covers the project; and
(ii) the management plan (for the OEI licence connected with the project);
that are relevant to the project, particularly provisions of the DSMS and the management plan for simultaneous operations and emergency response;
(k) consultation with divers and other workers working on the project.
(2) The diving project plan must describe each diving operation included in the diving project.
(3) The diving project plan must not specify as a diving operation a task that is too complex, or too big, to be supervised safely by one diving supervisor.
(4) The diving project plan must provide for adequate communications between a person who is directly involved with the diving project and each relevant:
(a) person conducting a business or undertaking; or
(b) worker; or
(c) vessel; or
(d) aircraft; or
(e) onshore installation; or
(f) offshore installation.
169D Revision, or withdrawal of approval, of diving project plan
(1) An approved diving project plan for a diving project must be revised if:
(a) a modification, or proposed modification, of the diving project significantly increases the overall risk, or a specific risk, of a diving operation included in the project; or
(b) the plan no longer meets the requirements of regulation 169C.
Note: An approved diving project plan for a diving project may cease to meet the requirements of paragraph 169C(1)(j) because of a change in the accepted DSMS that covers the project or in the management plan for the OEI licence connected with the project.
(2) The OEI licence holder that has approved a diving project plan for a diving project must withdraw the approval as soon as reasonably practicable after becoming aware that there has been a failure to revise the plan as required by subregulation (1).
Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Penalty: The tier D monetary penalty.
Division 4—Involvement of divers and other workers
170A Involvement of divers and other workers in DSMS and diving project plan
(1) In developing or revising a DSMS, a person conducting a business or undertaking must ensure that there is effective consultation with, and participation of, divers and other workers of kinds the person reasonably considers are likely to work on a diving project for which the DSMS may be appropriate.
(2) In developing or revising a diving project plan for a diving project, a person conducting a business or undertaking must ensure that there is effective consultation with, and participation of, divers and other workers the person reasonably considers are likely to work on the project.
(3) When giving a DSMS to the regulator for acceptance, a person conducting a business or undertaking must set out in writing details of the consultation that has taken place, including:
(a) submissions or comments made during the consultation; and
(b) any changes that have been made to the DSMS as a result of the consultation.
Division 5—Safety responsibilities
171A General safety responsibilities relating to diving work
(1) A person conducting a business or undertaking at a workplace must manage risks to health and safety associated with diving work, in accordance with Part 3.1.
Note: WHS Act—section 19 (see regulation 9).
(2) A person conducting a business or undertaking who is directly involved with diving work included in a diving project must ensure that the work is carried out in a way that complies with:
(a) the accepted DSMS that covers the project; and
(b) the conditions (if any) on acceptance of the accepted DSMS; and
(c) the approved diving project plan for the project.
Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Penalty: The tier D monetary penalty.
171B Safety in the diving area
(1) At each place of diving, before the beginning of a diving operation included in a diving project, a person conducting a business or undertaking who is directly involved with the operation must ensure that all divers and other workers who will be engaged in the diving operation are aware, and that there is a copy available to them, of the following:
(a) the instrument by which the diving supervisor for the operation was appointed under regulation 172A;
(b) the accepted DSMS that covers the diving project;
(c) the conditions (if any) on the acceptance of the DSMS;
(d) the approved diving project plan for the diving project.
Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Penalty: The tier H monetary penalty.
(2) At each place of diving, before a diving operation begins, a person conducting a business or undertaking who is directly involved with the operation must ensure that all divers and other workers who will be engaged in the diving operation are aware of the following for each dive included in the operation:
(a) the tasks and duties of each person involved with the dive;
(b) the diving equipment, breathing gases and procedures to be used in the dive;
(c) the dive time, bottom time and decompression profile for the dive.
Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Penalty: The tier H monetary penalty.
(3) A diver or other worker engaged in a diving operation must comply with:
(a) a direction under subregulation 172B(3) given to the diver or other worker by a diving supervisor for the diving operation; and
(b) an instruction under subregulation 172B(5) told to the diver or other worker by a diving supervisor for the diving operation.
Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Penalty: The tier G monetary penalty.
171C Diving depths
(1) A person conducting a business or undertaking who is directly involved with a surface‑oriented diving operation involving the use of air or mixed gas as a breathing medium must not direct or allow the operation to be carried out at a depth of more than 50 metres.
Note 1: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Note 2: Section 10.3 of the Criminal Code provides a defence of sudden or extraordinary emergency.
Penalty: The tier D monetary penalty.
(2) A person conducting a business or undertaking who is directly involved with a diving operation that is carried out at a depth of more than 50 metres must ensure that the diving operation involves the use of:
(a) a closed diving bell and a suitable mixed gas breathing medium; or
(b) a crewed submersible craft.
Note 1: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Note 2: Section 10.3 of the Criminal Code provides a defence of sudden or extraordinary emergency.
Penalty: The tier D monetary penalty.
Division 6—Diving supervisors
172A Appointment of diving supervisors
(1) A person conducting a business or undertaking who is directly involved with a diving operation must ensure that one or more diving supervisors are appointed, in writing, to supervise all diving included in the operation.
Note 1: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Note 2: Subregulation 169C(3) limits the scope of a diving operation that can be supervised by one diving supervisor.
Penalty: The tier G monetary penalty.
(2) A person conducting a business or undertaking who is directly involved with a diving operation must ensure that a person is not appointed as a diving supervisor for a diving operation if the person is not both:
(a) qualified as a supervisor under ADAS; and
(b) a competent person to supervise the operation.
Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Penalty: The tier G monetary penalty.
172B Duties of diving supervisors
(1) The duties of a diving supervisor for a diving operation are:
(a) to ensure that the operation is carried out:
(i) as far as reasonably practicable without risk to the health or safety of workers who are taking part in the operation or other persons who are or may be affected by it; and
(ii) in accordance with the law; and
(iii) in accordance with the accepted DSMS that covers the diving project that includes the operation; and
(iv) in accordance with the conditions (if any) on acceptance of the DSMS; and
(v) in accordance with the approved diving project plan for that project; and
(b) to ensure that each diver returns from each dive included in the operation; and
(c) to countersign entries about the operation in divers’ log books; and
(d) to report, as soon as reasonably practicable, the occurrence of any of the following in connection with the operation to each person conducting a business or undertaking who is directly involved with the operation:
(i) the death of, or serious personal injury to, a person;
(ii) the incapacitation of a person for work for at least 3 days;
(iii) an event that could reasonably have led to a consequence described in subparagraph (i) or (ii);
(iv) a decompression illness;
(v) a pulmonary barotrauma;
(vi) a case of omitted decompression;
(vii) an occurrence for which a standby diver is deployed for an emergency, except for the purposes of training, exercises or drills;
(viii) a failure of life support equipment or personnel lifting equipment.
(2) A diving supervisor must not fail to discharge a duty under subregulation (1).
Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Penalty: The tier G monetary penalty.
(3) When supervising a diving operation, a diving supervisor may give such reasonable directions to a worker taking part in the operation as are necessary to enable the diving supervisor to comply with subparagraph (1)(a)(i).
(4) A diving supervisor must not dive while on duty as diving supervisor.
Note 1: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Note 2: Section 10.3 of the Criminal Code provides a defence of sudden or extraordinary emergency.
Penalty: The tier G monetary penalty.
(5) A diving supervisor for a diving operation included in a diving project must tell each worker who takes part in the operation any instruction that is in the approved diving project plan for the diving project and applies to the worker.
Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Penalty: The tier G monetary penalty.
Division 7—Start‑up notices
173A Start‑up notice
(1) The holder of an OEI licence must give the regulator a start‑up notice for a diving project connected with the licence:
(a) at least 28 days before the day when diving is to begin; or
(b) on another day agreed between the regulator and the OEI licence holder.
Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Penalty: The tier D monetary penalty.
(2) A person conducting a business or undertaking must not direct or allow diving work included in a diving project to be carried out at a workplace unless a start‑up notice for the project has been given to the regulator.
Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Penalty: The tier D monetary penalty.
(3) In this regulation:
start‑up notice for a diving project connected with an OEI licence means a written notice, signed by or for the OEI licence holder, dated and containing the following information:
(a) the name, address and telephone number of the OEI licence holder;
(b) the name, address and telephone number of a person who is authorised to represent the OEI licence holder and who can be contacted by the regulator at any time during the project;
(c) the date when diving is expected to begin;
(d) the expected duration of the project;
(e) the location of the project;
(f) the depth to which divers will dive;
(g) the purpose of the diving project;
(h) the estimated number of workers to be engaged in the project;
(i) the breathing mixture to be used;
(j) details that allow the regulator to identify the approved diving project plan for the project.
Division 8—Diving operations
174A Divers in diving operations
(1) A person conducting a business or undertaking who is directly involved with a diving operation, or a diving supervisor for a diving operation, must not direct or allow a worker to dive in the diving operation if the worker is not competent to carry out safely any activity that is reasonably likely to be necessary while the worker is taking part in the operation.
Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Penalty: The tier D monetary penalty.
(2) A person conducting a business or undertaking who is directly involved with a diving operation, or a diving supervisor for a diving operation, must not direct or allow a worker to dive in the diving operation if the worker does not have a current diving qualification under ADAS to carry out any activity that is reasonably likely to be necessary while the worker is taking part in the operation.
Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Penalty: The tier D monetary penalty.
(3) A person conducting a business or undertaking who is directly involved with a diving operation, or a diving supervisor for a diving operation, must not direct or allow a worker to dive in the diving operation unless:
(a) the worker has a valid medical certificate; and
(b) the diving work to be done by the worker is consistent with the conditions (if any) to which the certificate is subject.
Note 1: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Note 2: For when a medical certificate is valid, see regulation 174B.
Penalty: The tier D monetary penalty.
(4) Subregulations (2) and (3) do not apply if the worker:
(a) is diving in a crewed submersible craft; or
(b) is diving to provide emergency medical care to an injured person in a chamber.
174B Medical certificates
(1) A diver’s medical certificate is valid if it satisfies subregulation (2) or (3).
(2) A diver’s medical certificate satisfies this subregulation if:
(a) it certifies that, at the time it was given, the diver was fit to dive in accordance with the fitness requirements in AS/NZS 2299 as in force at the time the medical practitioner who gave the certificate examined the diver; and
(b) it is not more than 1 year old; and
(c) the medical practitioner who gave it:
(i) is accredited by the South Pacific Underwater Medicine Society, the Health and Safety Executive of the United Kingdom or the Undersea and Hyperbaric Medical Society; or
(ii) has completed an appropriate course of training conducted by the Royal Australian Navy or the Royal Adelaide Hospital; or
(iii) is a competent person to conduct medical examinations for occupational diving; and
(d) before giving it, the medical practitioner examined the diver in accordance with the Schedule of Minimum Examination Requirements in AS/NZS 2299 as in force at the time of the examination; and
(e) immediately after the examination, the medical practitioner entered the certificate in the diver’s log book.
(3) A diver’s medical certificate satisfies this subregulation if it is valid for the United Kingdom under any law of the United Kingdom (as in force from time to time) relating to the medical fitness of persons employed as divers.
Note: At the time this subregulation commenced, the relevant law for the United Kingdom was regulation 15 of the Diving at Work Regulations 1997.
Division 9—Records
175A Keeping DSMS and diving project plan
(1) This regulation applies if a person:
(a) is a person conducting a business or undertaking who gives the regulator a DSMS that the regulator accepts; or
(b) is the holder of an OEI licence who approves a diving project plan for a diving project.
(2) The person must, if the person gave the DSMS, keep it until 7 years have passed since the end of the acceptance of the DSMS.
Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Penalty: The tier I monetary penalty.
(3) The person must, if the person approved the diving project plan for a diving project, keep the plan until 7 years have passed since the end of the project.
Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Penalty: The tier I monetary penalty.
(4) The person must ensure that, for the period for which the person must keep the DSMS or plan under this regulation, a copy can be made available, following a request, to any worker engaged to carry out the work to which the DSMS or plan relates.
Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Penalty: The tier H monetary penalty.
(5) The person must ensure that, for the period for which the person must keep the DSMS or plan under this regulation, a copy is available for inspection under the Act.
Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Penalty: The tier I monetary penalty.
175B Diving operations record
(1) A diving supervisor for a diving operation must ensure that a diving operations record for the operation is maintained in the form required by subregulations (2) and (3).
Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Penalty: The tier D monetary penalty.
(2) A diving operations record:
(a) must be kept in a hard‑covered form bound in such a way that its pages cannot easily be removed; or
(b) if it is in a form that has multiple copies of each page, must be bound so that at least one copy of each page cannot easily be removed.
(3) The pages of a diving operations record must be serially numbered.
(4) A diving supervisor for a diving operation must ensure that an entry is made in the diving operations record for each day when diving for the operation takes place, with the following information about the diving operation on that day:
(a) the date to which the entry relates;
(b) the name and address of each person conducting a business or undertaking who appointed any diving supervisor for the operation;
(c) the name of each diving supervisor who supervised the operation;
(d) the location of the diving operation (including, if the diving was done from a vessel or installation, its name);
(e) the name of each worker who took part in the operation (whether as a diver or as a member of a dive team);
(f) the purpose of the diving operation;
(g) for each diver—the breathing apparatus and breathing mixture used;
(h) for each diver—the times at which the diver left the surface, reached the bottom, left the bottom and arrived at the surface again, and bottom time;
(i) for each diver—the maximum depth reached;
(j) for each diver—verification that the diver returned from each of the diver’s dives;
(k) the decompression schedule followed including, for each diver, details of the depths and the duration at each depth during decompression;
(l) details of any emergency or incident of special note that happened during the operation;
(m) details of any decompression illness and any treatment given;
(n) details of any significant defect or significant failure of plant for diving used in the operation;
(o) details of any environmental factors relevant to the operation;
(p) anything else that is likely to affect the health or safety of anybody who took part in the operation.
Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Penalty: The tier H monetary penalty.
(5) A diving supervisor for a diving operation must sign in the diving operations record for the operation:
(a) either:
(i) if the record is in a form that has multiple copies of each page—the original of each page of each entry; or
(ii) in any other case—each page of each entry; or
(b) if there are 2 or more diving supervisors for the operation—those parts of the entry that relate to diving work that the diving supervisor supervised;
and must print the diving supervisor’s name below the signature.
Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Penalty: The tier H monetary penalty.
(6) As soon as practicable after the end of a diving operation connected with an OEI licence, each diving supervisor for the operation must ensure that the diving operations record maintained under this regulation is given to the OEI licence holder.
Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Penalty: The tier I monetary penalty.
(7) After receiving a diving operations record for a diving operation, the OEI licence holder must keep the record for 7 years.
Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Penalty: The tier I monetary penalty.
175C Divers’ log books
(1) A diver must:
(a) have a log book in the form required by subregulation (2); and
(b) for each time the diver dives:
(i) make an entry in the log book, in ink, as required by subregulation (3); and
(ii) sign the entry; and
(iii) have a diving supervisor for the diving operation countersign the entry; and
(c) keep the log book for at least 7 years after the last entry in it.
Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Penalty: The tier I monetary penalty.
(2) The log book must:
(a) have hard covers; and
(b) be bound so that pages cannot easily be removed; and
(c) have its pages serially numbered; and
(d) show the diver’s name; and
(e) have a clear photograph of the diver’s full face; and
(f) have a specimen of the diver’s signature.
(3) An entry in the log book must contain the following information:
(a) the date to which the entry relates;
(b) the location of the dive (and, if the dive was from a vessel or installation, the name of the vessel or installation);
(c) the maximum depth reached;
(d) the times at which the diver left the surface, reached the bottom, left the bottom and arrived at the surface again, and bottom time;
(e) the breathing apparatus and breathing mixture used;
(f) the decompression schedule followed;
(g) the work done and the plant for diving used;
(h) any decompression illness, barotrauma, discomfort or injury and details of any treatment given;
(i) details of any emergency or incident;
(j) anything else relevant to the diver’s health or safety.
18 Before regulation 228
Insert:
227A Plant to which this Division applies
This Division applies to plant that is:
(a) a crane; or
(b) a lift; or
(c) a hoist; or
(d) a work positioning system; or
(e) a temporary work platform; or
(f) a concrete placing boom.
19 Subregulation 237(1)
Repeal the subregulation, substitute:
(1) This regulation applies to plant that is:
(a) a crane; or
(b) a lift; or
(c) a hoist; or
(d) a work positioning system; or
(e) a temporary work platform; or
(f) a concrete placing boom.
20 At the end of Part 6.1
Add:
293A Licence holder must identify principal contractor
(1) This regulation applies to an OEI licence holder if there are one or more construction projects in the Commonwealth offshore area for the purposes of the offshore electricity infrastructure project being carried out under the OEI licence.
(2) For each such construction project, the OEI licence holder must publish the following on the OEI licence holder’s website:
(a) the principal contractor’s name and telephone contact numbers (including an after hours telephone number);
(b) a description of the construction project;
(c) details of the location or locations of the construction project.
Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Penalty: The tier G monetary penalty.
21 Regulation 308
Repeal the regulation.
22 Paragraph 497(2)(c)
Repeal the paragraph.
23 Regulation 530 (before the note)
Insert:
This Chapter does not apply to:
(a) a facility that is an aircraft; or
(b) a facility that is a vessel and is not offshore renewable energy infrastructure (within the meaning of the Offshore Electricity Infrastructure Act 2021) or offshore electricity transmission infrastructure (within the meaning of that Act).
24 Subregulation 676(1) (subheading before table item 8, column headed “Regulation under which reviewable decision is made”)
Omit “Accreditation of assessors”, substitute “DSMS”.
25 Subregulation 676(1) (table items 8 to 16)
Repeal the items, substitute:
8
168C—Rejection of DSMS
Person conducting a business or undertaking who gave the DSMS to the regulator
9
168C—Placing conditions on acceptance of DSMS
Person conducting a business or undertaking who gave the DSMS to the regulator
10
168D—Rejection of revised DSMS
Person conducting a business or undertaking who gave the revised DSMS to the regulator
11
168D—Placing conditions on acceptance of revised DSMS
Person conducting a business or undertaking who gave the revised DSMS to the regulator
12
168K—Withdrawal of acceptance of a DSMS for failure to give the regulator a revised version of the DSMS as required by regulation 168H
Person conducting a business or undertaking who gave the DSMS to the regulator
26 After regulation 699
Insert:
699A Incident notification—prescribed events that are dangerous incidents
The following events are prescribed for the purposes of paragraph 37(l) of the Act:
(a) an event that incapacitates a worker or other person for work for at least 3 days;
(b) any of the following events relating to diving work:
(i) a decompression illness;
(ii) a pulmonary barotrauma;
(iii) a case of omitted decompression;
(iv) an event for which a standby diver is deployed for an emergency, except for the purposes of training, exercises or drills;
(v) a failure of life support equipment or personnel lifting equipment;
(c) an event that a reasonable person would consider needs immediate investigation for its effects on work health and safety.
27 Regulations 700 and 702
Repeal the regulations.
28 At the end of Part 11.3
Add:
703 Approved codes of practice
For the purposes of subsection 274(1) of the Act, all codes of practice that are, from time to time, approved under section 274 of the Act (disregarding the modifications made by the Offshore Electricity Infrastructure Act 2021 and regulations made under that Act) are prescribed.
Note: See section 240 of the Offshore Electricity Infrastructure Act 2021 for a modification of section 274 of the Act.
29 Chapter 12
Repeal the Chapter, substitute:
Chapter 12—Transitional provisions
Part 12.1—Transitional arrangements for certain duties
719 Commencement day
In this Part:
commencement day means the day that item 1 of Schedule 2 to the Offshore Electricity Infrastructure Amendment Regulations 2024 commences.
registration duty day means the day 4 years after the commencement day.
720 Transitional provision—additional duties relating to registered plant and plant designs
A duty in Part 5.2 applies on and after the registration duty day.
721 Transitional provision—duty to register plant designs and items of plant
(1) A duty to register a design under Division 1 of Part 5.3 applies on and after the registration duty day (including in relation to a design that was completed at any time before the registration duty day).
(2) A duty to register an item of plant under Division 2 of Part 5.3 applies on and after the registration duty day.
722 Transitional provision—registration of plant designs and items of plant
Divisions 3, 4, 5 and 6 of Part 5.3 apply on and after the day that is 3 years after the commencement day.
43 Clause 1 of Schedule 2 (at the end of the table)
Add:
2.9
Regulation 578
Application for major hazard facility licence
$55,000 (capped)
On invoice
2.10
Regulation 596
Application for renewal of major hazard facility licence
$55,000 (capped)
On invoice
44 At the end of Schedule 2
Add:
2 Capped fees
(1) This clause applies in relation to a fee described as “(capped)” in an item of Table 2.1.
Note: This clause does not apply in relation to a fee described as “(fixed)” in an item of Table 2.1. The full amount of a fixed fee must be paid at the time specified in the table.
(2) The amount of the fee is the lesser of:
(a) the amount specified in the item; and
(b) the total amount of the expenses incurred by the regulator in performing or exercising the function or power, or dealing with the application, mentioned in the item.
(3) The fee is:
(a) due when the regulator issues an invoice for the fee to the person who requested the performance or exercise of the function or power, or made the application; and
(b) payable by that person; and
(c) payable in accordance with the requirements of the invoice.
(4) Subclause (3) has effect despite any other provision of this instrument that requires the fee to be paid in a particular way.
(5) Where an amount of the fee is owed by a person, the regulator may decline to perform the function or exercise the power to which the fee relates until the amount is paid.