Div 21.2 Constitution and meetings 212

Division 2.1.2 Constitution and meetings 212 2.3 Membership 212 2.3A Meaning of appointed member—div 2.1.2 212 Page contents 15 2.4 Terms of appointment 213 2.5 Chair and deputy chair 213 2.6 Leave 213 2.7 Disclosure of interest 214 2.8 Reporting of disclosed council interests to Minister 215 2.9 Ending appointment of council member 216 2.10 Calling meetings 217 2.11 Presiding member at council meetings 218 2.12 Quorum at council meetings 218 2.13 Voting at council meetings 218 2.14 Conduct of council meetings etc 218 2.15 Protection of council members from liability 219 Division 2.1.3 Advisory committees 219 2.16 Establishment 219 Part 2.2 Office of the Work Health and Safety Commissioner 220 Division 2.2.1 Preliminary 220 2.17 Definitions—pt 2.2 220 Division 2.2.2 Establishment and functions of office 220 2.18 Establishment of office 220 2.19 Constitution of office 220 2.20 Functions of office 220 Division 2.2.3 Work health and safety commissioner 221 2.21 Appointment of WHS commissioner 221 2.22 Functions of WHS commissioner 222 2.23 Independence of WHS commissioner and Ministerial directions 223 2.24 Duty of good conduct 223 2.25 Disclosure of interests 224 2.26 Outside employment 224 2.27 Ending appointment—generally 225 2.28 Ending appointment—council no-confidence resolution 225 2.29 Leave of absence 226 Division 2.2.4 Office—staff 226 2.30 Meaning of staff of the office—pt 2.2 226 Page contents 16 Work Health and Safety Act 2011 2.31 Appointment of deputy WHS commissioner 227 2.32 Employment of staff 227 2.33 Engagement of consultants and contractors 227 2.34 Independence of staff of the office 228 2.35 Delegation of functions 228 2.36 Other arrangements for staff and facilities 228 Division 2.2.5 Office—policy and reporting framework 229 2.37 Compliance and enforcement policy 229 2.38 Strategic plan 230 2.39 Ministerial statement of expectations 231 2.40 Statement of operational intent 232 2.41 Annual report 232 Schedule 3 Regulation-making powers 234 1 Duties 234 2 Incidents 234 3 Plant, substances or structures 235 4 Protection and welfare of workers 235 5 Hazards and risks 235 6 Records and notices 236 7 Authorisations 236 8 Work groups 237 9 Health and safety committees and health and safety representatives 237 10 Issue resolution 237 11 WHS entry permits 237 12 Identity cards 238 13 Forfeiture 238 14 Review of decisions 238 Schedule 4 Penalty amounts 239 4.1 Monetary penalties—categories 1 to 3 239 4.1A Monetary penalties—industrial manslaughter 240 4.2 Monetary penalties—tiers A to I 241 Page contents 17 4.3 Monetary penalties—WHS civil penalty tiers 1 to 4 243 4.4 Indexation of penalty amounts 245 4.5 Rounding of maximum penalty amounts 245 4.6 Notification of adjusted maximum penalty amounts 246 Dictionary 247 1 About the endnotes 256 2 Abbreviation key 256 3 Legislation history 257 4 Amendment history 262 5 Earlier republications 276 6 Expired transitional or validating provisions 279 An Act about work health and safety, and for other purposes 1 Name of Act This Act is the Work Health and Safety Act 2011. Division 1.2 Object 3 Object (1) The main object of this Act is to provide for a balanced and nationally consistent framework to secure the health and safety of workers and workplaces by— (a) protecting workers and other persons against harm to their health, safety and welfare through the elimination or minimisation of risks arising from work or from specified types of substances or plant; and (b) providing for fair and effective workplace representation, consultation, cooperation and issue resolution in relation to work health and safety; and (c) encouraging unions and employer organisations to take a constructive role in promoting improvements in work health and safety practices, and assisting persons conducting businesses or undertakings and workers to achieve a healthier and safer working environment; and (d) promoting the provision of advice, information, education and training in relation to work health and safety; and (e) securing compliance with this Act through effective and appropriate compliance and enforcement measures; and Object Division 1.2 (f) ensuring appropriate scrutiny and review of actions taken by persons exercising powers and performing functions under this Act; and (g) providing a framework for continuous improvement and progressively higher standards of work health and safety; and (h) maintaining and strengthening the national harmonisation of laws relating to work health and safety and to facilitate a consistent national approach to work health and safety in the ACT. (2) In furthering subsection (1) (a), regard must be had to the principle that workers and other persons should be given the highest level of protection against harm to their health, safety and welfare from hazards and risks arising from work or from specified types of substances or plant as is reasonably practicable.