Subdiv 1Definitions

Subdivision 1—Definitions 4—Definitions (1) In this Act, unless the contrary intention appears— advisory committee means the SafeWork SA Advisory Committee established under Division 5; approved code of practice means a code of practice approved under Part 14; authorised, in Part 4—see section 40; authorising authority means SAET; Category 1 offence—see section 31; Category 2 offence—see section 32; Category 3 offence—see section 33; compliance powers means the functions and powers conferred on an inspector under this Act; condition includes limitation and restriction; construct includes assemble, erect, reconstruct, reassemble and re‑erect; corresponding regulator means the holder of a public office, or a public authority, of the Commonwealth, or of a State, who or which is responsible for administering a corresponding WHS law; corresponding WHS law means— (a) the Dangerous Substances Act 1979; or (b) the Explosives Act 1936; or (c) the Fair Work Act 1994; or (d) the Mines and Works Inspection Act 1920; or (e) the Offshore Minerals Act 2000; or (f) the Petroleum (Submerged Lands) Act 1982; or (g) the Petroleum and Geothermal Energy Act 2000; or (h) the Petroleum Products Regulation Act 1995; or (i) any other Act brought within the ambit of this definition by the regulations; or (j) a law of another Australian jurisdiction corresponding, or substantially corresponding, to this Act; or (k) a law of another Australian jurisdiction brought within the ambit of this definition by the regulations; dangerous incident, in Part 3—see section 37; demolition includes deconstruction; Department means the administrative unit of the Public Service that is, under the Minister, responsible for the administration of this Act; design, in relation to plant, a substance or a structure includes— (a) design of part of the plant, substance or structure; and (b) redesign or modify a design; disclose, in relation to information, includes divulge or communicate to any person or publish; discriminatory conduct, in Part 6—see section 105; document includes record; emergency services worker means— (a) a police officer; or (b) a member of the South Australian Metropolitan Fire Service, the South Australian Country Fire Service or the South Australian State Emergency Service; or (c) a fire control officer appointed under the Fire and Emergency Services Act 2005; or (d) the State Co‑ordinator or an authorised officer under the Emergency Management Act 2004; or (e) a person brought within the ambit of this definition by the regulations; employee record, in relation to an employee, has the same meaning as it has in the Privacy Act 1988 of the Commonwealth; employer organisation means— (a) an employer organisation that is registered, or taken to be registered, under the Fair Work (Registered Organisations) Act 2009 of the Commonwealth; or (b) an association of employers that is registered or recognised as such an association (however described) under a State or Territory industrial law; engage in conduct means doing an act or omitting to do an act; Executive Director means the person for the time being holding, or acting in, the position of Executive Director under Schedule 5 clause 3; Fair Work Act means the Fair Work Act 2009 of the Commonwealth; handling includes transport; health means physical and psychological health; health and safety duty—see section 30; health and safety representative, in relation to a worker, means the health and safety representative elected under Part 5 for the work group of which the worker is a member; import means to bring into the jurisdiction from outside Australia; industrial manslaughter offence—see section 30A; inspector means an inspector appointed under Part 9; internal reviewer means— (b) a person appointed by the regulator under section 225; local authority means a council under the Local Government Act 1999; Magistrates Court means the Magistrates Court of South Australia; medical treatment means treatment by a medical practitioner registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student); notifiable incident—see section 35; officer means— (a) an officer within the meaning of section 9 of the Corporations Act 2001 of the Commonwealth other than a partner in a partnership; or (b) an officer of the Crown within the meaning of section 247; or (c) an officer of a public authority within the meaning of section 252, other than an elected member of a local authority acting in that capacity; official of a union, in Part 7—see section 116; personal information has the same meaning as it has in the Privacy Act 1988 of the Commonwealth; person conducting a business or undertaking—see section 5; plant includes— (a) any machinery, equipment, appliance, container, implement and tool; and (b) any component of any of those things; and (c) anything fitted or connected to any of those things; prohibited reason, in Part 6—see section 106; public authority means— (a) an agency or instrumentality of the Crown; or (b) an administrative unit or department within the Public Service of this or any other State, or of the Commonwealth; reasonably practicable, in relation to a duty to ensure health and safety—see section 18; regulator means the Executive Director; relevant person conducting a business or undertaking, in Part 7—see section 116; relevant union, in Part 7—see section 116; relevant worker, in Part 7—see section 116; representative— (a) in relation to a person conducting a business or undertaking, means— (i) an employer organisation representing the person conducting the business or undertaking; or (ii) any other person that the person conducting the business or undertaking authorises to represent them; and (b) in relation to a worker, means— (i) the health and safety representative for the worker; or (ii) a union entitled to represent the industrial interests of the worker; or (iii) any other person that the worker authorises to represent them; review committee means a review committee constituted under Schedule 4; RTWSA means the Return to Work Corporation of South Australia; SAET means the South Australian Employment Tribunal established under the South Australian Employment Tribunal Act 2014; serious injury or illness, in Part 3—see section 36; State includes Territory; State or Territory industrial law has the same meaning as it has in the Fair Work Act; structure means anything that is constructed, whether fixed or moveable, temporary or permanent, and includes— (a) buildings, masts, towers, framework, pipelines, transport infrastructure and underground works (shafts or tunnels); and (b) any component of a structure; and (c) part of a structure; substance means any natural or artificial substance, whether in the form of a solid, liquid, gas or vapour; supply—see section 6; this Act includes the regulations; union means— (a) an employee organisation that is registered, or taken to be registered, under the Fair Work (Registered Organisations) Act 2009 of the Commonwealth; or (b) an association of employees or independent contractors, or both, that is registered or recognised as such an association (however described) under a State or Territory industrial law; volunteer means a person who is acting on a voluntary basis (irrespective of whether the person receives out‑of‑pocket expenses); WHS entry permit means a WHS entry permit issued under Part 7; WHS entry permit holder means a person who holds a WHS entry permit; WHS undertaking means an undertaking given under section 216(1); work group means a work group determined under Part 5; worker—see section 7; workplace—see section 8. (2) For the purposes of Part 2, a person engages in conduct with gross negligence if the conduct involves— (a) such a great falling short of the standard of care that a reasonable person would exercise in the circumstances; and (b) such a high risk of causing the death or serious injury or illness of an individual, that the conduct merits criminal punishment for the offence. (3) For the purposes of Part 2, a person is reckless as to the risk to an individual of death or serious injury or illness if— (a) the person is aware of a substantial risk that death or serious injury or illness will happen; and (b) having regard to the circumstances known to the person, it is unjustifiable to take the risk. (4) For the purposes of Part 2, the question of whether taking a risk is unjustifiable is a question of fact.