Part 14General

Part 14—General Division 1—General provisions 268—Offence to give false or misleading information (1) A person must not give information in complying or purportedly complying with this Act that the person knows— (a) to be false or misleading in a material particular; or (b) omits any matter or thing without which the information is misleading. (2) A person must not produce a document in complying or purportedly complying with this Act that the person knows to be false or misleading in a material particular without— (a) indicating the respect in which it is false or misleading and, if practicable, providing correct information; or (b) accompanying the document with a written statement signed by the person or, in the case of a body corporate, by a competent officer of the body corporate— (i) stating that the document is, to the knowledge of the first‑mentioned person, false or misleading in a material particular; and (ii) setting out, or referring to, the material particular in which the document is, to the knowledge of the first‑mentioned person, false or misleading. (3) Subsection (2) places an evidential burden on the accused to show that the accused had indicated the extent to which the document was false or misleading or that the accompanying document sufficiently explained the extent to which the document was false or misleading. 269—Act does not affect legal professional privilege Nothing in this Act requires a person to produce a document that would disclose information, or otherwise provide information, that is the subject of legal professional privilege. 270—Immunity from liability (1) An inspector, or other person engaged in the administration of this Act, incurs no civil liability for an act or omission done or omitted to be done in good faith and in the execution or purported execution of powers and functions under this Act. (2) A civil liability that would, but for subsection (1), attach to a person, attaches instead to the State. 271—Confidentiality of information (1) This section applies if a person obtains information or gains access to a document in exercising any power or function under this Act (other than under Part 7). (2) The person must not do any of the following: (a) disclose to anyone else— (i) the information; or (ii) the contents of or information contained in the document; (b) give access to the document to anyone else; (c) use the information or document for any purpose. (3) Subsection (2) does not apply to the disclosure of information, or the giving of access to a document or the use of information or a document— (a) about a person, with the person's consent; or (b) that is necessary for the exercise of a power or function under this Act; or (c) that is made or given by the regulator or a person authorised by the regulator if the regulator reasonably believes the disclosure, access or use— (i) is necessary for administering, or monitoring or enforcing compliance with, this Act; or (ii) is necessary for the administration or enforcement of another Act prescribed by the regulations; or (iii) is necessary for the administration or enforcement of another Act or law, if the disclosure, access or use is necessary to lessen or prevent a serious risk to public health or safety; or (iv) is necessary for the recognition of authorisations under a corresponding WHS law; or (v) is required for the exercise of a power or function under a corresponding WHS law; or (d) that is required by any court, tribunal, authority or person having lawful authority to require the production of documents or the answering of questions; or (e) that is required or authorised under a law; or (f) to a Minister. (4) A person must not intentionally disclose to another person the name of an individual who has made a complaint in relation to that other person unless— (a) the disclosure is made with the consent of the complainant; or (b) the disclosure is required under a law. 271A—Additional ways that regulator may disclose information (1) Subject to this section, the regulator or a person authorised by the regulator may disclose information relating to an incident to— (a) a person injured in the incident, or their representative; or (b) a family member of a person who is deceased as a result of the incident who is seeking to understand the circumstances of the death of the person; or (c) a family member or other person who is empowered to make decisions on behalf of a person who is incapacitated due to serious injury as a result of the incident who is seeking to understand the circumstances of the serious injury of the person; or (d) an interested party who has a direct connection to the incident to which the information relates, if the regulator reasonably believes that disclosing the information would assist in the administration or enforcement of this Act. (2) Subsection (1) does not apply to information that— (a) is subject to legal professional privilege; or (b) is commercial information of a confidential nature; or (c) is subject to a confidentiality requirement under any other Act or law; or (d) relates to an ongoing investigation which may be jeopardised if the information were to be disclosed. (3) Subject to subsection (4), a disclosure under subsection (1)— (a) may not be made to a person who is, or who may reasonably be expected to be, required to give evidence as part of an investigation or prosecution relating to the incident; and (b) may only be made in relation to information which relates to an incident that occurs after the commencement of this section. (4) Subsection (3)(b) does not apply in relation to a disclosure made to a family member of a person who is deceased as a result of the incident. (5) The regulator must establish and maintain a policy, published on the regulator's website, that relates to the circumstances in which information may be released under subsection (1). (6) In this section— family member in relation to a person means the following: (a) a spouse of the person; (b) a domestic partner of the person within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not; (c) a parent, step‑parent or grandparent of the person; (d) a sibling or step‑sibling of the person; (e) a child, step‑child or grandchild of the person; (f) a person who, according to Aboriginal or Torres Strait Islander kinship rules, is a member of a culturally recognised family group of the person; interested party in relation to an incident means the following: (a) the person conducting the business or undertaking or their representative; (b) the worker or workers affected by the incident or their representative; (c) if the worker or workers affected by the incident are in a work group, the health and safety representative for the work group; (d) the person bringing the incident to the attention of the regulator. 272—No contracting out A term of any agreement or contract that purports to exclude, limit or modify the operation of this Act or any duty owed under this Act or to transfer to another person any duty owed under this Act is void. 272A—Insurance or other indemnity against penalties (1) A person must not, without reasonable excuse— (a) enter into a contract of insurance or other arrangement that purports to insure or indemnify a person for a liability for all or part of a monetary penalty under this Act; or (b) provide a contract of insurance or an indemnity for a liability for all or part of a monetary penalty under this Act; or (c) take the benefit of a contract of insurance or other arrangement, or an indemnity, that purports to insure or indemnify a person for a liability for all or part of a monetary penalty under this Act. Maximum penalty: $50 000. (2) Subsection (1) places an evidential burden on the accused to show a reasonable excuse. (3) A term of a contract of insurance or other arrangement, or an indemnity, is void to the extent it purports to insure or indemnify a person for a liability for all or part of a monetary penalty under this Act. 272B—Officer may be taken to have committed offence against section 272A (1) If a body corporate commits an offence against section 272A, each officer of the body corporate is taken to have also committed the offence if— (a) the officer authorised or permitted the body corporate's conduct constituting the offence; or (b) the officer was, directly or indirectly, knowingly concerned in the body corporate's conduct constituting the offence. (2) The officer of the body corporate may be proceeded against for, and convicted of, the offence against section 272A whether or not the body corporate has been proceeded against for, or convicted of, the offence. (3) This section does not affect either of the following: (a) the liability of the body corporate for the offence against section 272A; (b) the liability of any person, whether or not the person is an officer of the body corporate, for the offence against section 272A. 273—Person not to levy workers A person conducting a business or undertaking must not impose a levy or charge on a worker, or permit a levy or charge to be imposed on a worker, for anything done, or provided, in relation to work health and safety. Division 2—Codes of practice 274—Approved codes of practice (1) The Minister may approve a code of practice for the purposes of this Act and may vary or revoke an approved code of practice. (2) The Minister may only approve, vary or revoke a code of practice under subsection (1) if the Minister is acting on the recommendation of the advisory committee and that code of practice, variation or revocation was developed by a process that involved consultation between— (a) the Governments of the Commonwealth and each State and Territory; and (b) unions; and (c) employer organisations. (3) On each occasion that the advisory committee is required to make a recommendation under subsection (2), the advisory committee must— (a) establish a committee to advise it on, and assist it with, the making of the recommendation; and (b) consult the Small Business Commission so that the Commission may assess whether the code of practice would affect small business if implemented and, if so, provide any comments or advice that the Commission considers to be appropriate in the circumstances (including that the code be varied). (3a) A committee established under subsection (3)(a) must consist of— (a) at least 2 members of the advisory committee; and (b) such other members as are determined by the advisory committee. (4) A code of practice may apply, adopt or incorporate any matter contained in a document formulated, issued or published by a person or body whether— (a) with or without modification; or (b) as in force at a particular time or from time to time. (5) An approval of a code of practice, or a variation or revocation of an approved code of practice, takes effect when notice of it is published in the Government Gazette or on such later date as is specified in the approval, variation or revocation. (6) As soon as practicable after approving a code of practice, or varying or revoking an approved code of practice, the Minister must ensure that notice of the approval, variation or revocation is published in the Government Gazette and on a website determined by the Minister or in a newspaper circulating generally throughout the State. (7) The regulator must ensure that a copy of— (a) each code of practice that is currently approved; and (b) each document applied, adopted or incorporated (to any extent) by an approved code of practice, is available for inspection by members of the public without charge at the office of the regulator during normal business hours. (8) An approved code of practice or the variation of a code of practice is subject to disallowance by Parliament. (9) The Minister must ensure that each approved code of practice or variation is laid before both Houses of Parliament within 6 sitting days after it is published in the Gazette. (10) If either House of Parliament passes a resolution disallowing an approved code of practice or the variation of a code of practice, then the code of practice or variation ceases to have effect. (11) A resolution is not effective for the purposes of subsection (10) unless passed in pursuance of a notice of motion given within 14 sitting days (which need not all fall within the same session of Parliament) after the day on which the code of practice or variation was laid before the House. 275—Use of codes of practice in proceedings (1) This section applies in a proceeding for an offence against this Act. (2) An approved code of practice is admissible in the proceeding as evidence of whether or not a duty or obligation under this Act has been complied with. (3) The court may— (a) have regard to the code as evidence of what is known about a hazard or risk, risk assessment or risk control to which the code relates; and (b) rely on the code in determining what is reasonably practicable in the circumstances to which the code relates. See section 18 for the meaning of reasonably practicable. (4) Nothing in this section prevents a person from introducing evidence of compliance with this Act in a manner that is different from the code but provides a standard of work health and safety that is equivalent to or higher than the standard required in the code. Division 3—Regulation‑making powers 276—Regulation‑making powers (1) The Governor may make regulations in relation to— (a) any matter relating to work health and safety; and (b) any matter or thing required or permitted by this Act to be prescribed or that is necessary or convenient to be prescribed to give effect to this Act. (2) Without limiting subsection (1), the regulations may make provision in relation to matters set out in Schedule 3. (3) The regulations may— (a) be of general or limited application; or (b) differ according to differences in time, place or circumstance; or (c) leave any matter or thing to be, from time to time, determined, applied or approved by the regulator, an inspector or any other prescribed person or body of persons; or (d) apply, adopt or incorporate any matter contained in any document formulated, issued or published by a person or body whether— (i) with or without modification; or (ii) as in force at a particular time or as in force or remade from time to time; or (e) prescribe exemptions from complying with any of the regulations on the terms and conditions (if any) prescribed; or (f) allow the regulator to provide exemptions from complying with any of the regulations on the terms and conditions (if any) prescribed or, if the regulations allow, on the terms and conditions (if any) determined by the regulator; or (g) prescribe fees for doing any act or providing any service for the purposes of this Act and prescribe the circumstances and way in which fees can be refunded, waived or reduced; or (h) prescribe a penalty for any contravention of the regulations not exceeding $30 000; or (i) prescribe— (i) offences against this Act or the regulations that are to be taken to be infringement offences for the purposes of this Act; and (ii) an expiation fee for each offence which is declared or prescribed by this Act or the regulations to be an infringement offence, which fee must not exceed 20% of the penalty for the offence which is declared or prescribed as the infringement offence. Division 4—Reviews 277—Reviews (1) The Minister must cause a review of the operation of this Act to be conducted as soon as practicable after the expiry of 1 year from its commencement. (2) The review under subsection (1) must include a specific report on the extent to which inspectors have attended at workplaces under section 117 and an assessment of the operation and effectiveness of the policy established by the regulator under that section. (3) The Minister must then cause a second review of the operation of this Act to be conducted as soon as practicable after the expiry of 3 years from its commencement. (4) The results of a review under this section must be embodied in a written report. (5) The Minister must, within 6 sitting days after receiving a report under subsection (4), cause a copy of the report to be laid before both Houses of Parliament.