69Codes of practice

69 Codes of practice (1) The regulations may prescribe codes of practice for providing practical guidance to operators of facilities and employers (other than operators) of members of the workforce at facilities.

Petroleum (Submerged Lands) Act 1981 224 (2) A person is not liable to any civil or criminal proceeding for contravening a code of practice. 70 Use of codes of practice in proceedings (1) This clause applies if, in a proceeding for an offence against a listed OHS law, it is alleged that a person contravened a provision of a listed OHS law in relation to which a code of practice was in effect at the time of the alleged contravention. (2) The code of practice is admissible in evidence in the proceeding. (3) If the court is satisfied, in relation to any matter which it is necessary for the prosecution to prove in order to establish the alleged contravention: (a) any provision of the code of practice is relevant to that matter; and (b) the person failed at any material time to comply with that provision of the code of practice, that matter is treated as proved unless the court is satisfied in relation to that matter the person complied with that provision of a listed OHS law otherwise than by complying with the code of practice. 71 Interference etc. with protective equipment and safety devices A person must not, without reasonable excuse, do anything that results in the interference with, or the rendering ineffective of, any protective equipment or safety device provided for the occupational health and safety or welfare of members of the workforce at a facility if the person knew (or ought reasonably to have known) the equipment or device was protective equipment or a safety device. 500 penalty units or imprisonment for 72 Members of workforce not to be levied The operator of a facility or an employer (other than the operator) of members of the workforce at a facility must not levy, or permit to be levied, on a member of the workforce any charge in relation to anything done or provided in accordance with a listed OHS law in order to ensure the occupational health and safety or welfare of

Petroleum (Submerged Lands) Act 1981 225 persons at or near the facility. 73 Victimisation (1) An employer (whether the operator or another person) must not: (a) dismiss an employee; (b) perform an act that results in injury to an employee in his or her employment; (c) perform an act that prejudicially alters the employee's position (whether by deducting or withholding remuneration or by any other means); or (d) threaten to do any of those things, because the employee: (e) has complained or proposes to complain about a matter concerning the health, safety or welfare of employees at work; (f) has assisted or proposes to assist, by giving information or otherwise, the conduct of an inspection; or (g) has ceased, or proposes to cease, to perform work, in accordance with a direction by a health and safety representative under clause 43(1)(b) or (3)(c), and the cessation or proposed cessation does not continue after: (i) the health and safety representative has agreed with a person supervising the work that the cessation or proposed cessation was not, or is no longer, necessary; or (ii) an OHS inspector has, under clause 43(5), made a decision that has the effect that the employee should perform the work.