Part 1
Preliminary
Part 1 — Preliminary
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Western Australia act
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Part 1 — Preliminary
Division 1 — Introduction
Short title 2
Commencement 2
Division 2 — Object
Division 3 — Interpretation
Subdivision 1 — Definitions
Subdivision 2 — Other important terms
4A. Meaning of officer 10
Meaning of person conducting a business or undertaking 12
Meaning of supply 13
Meaning of worker 14
Meaning of workplace 14
Notes 15
Division 4 — Application of Act
Act binds Crown 15
Not used 15
Not used 15
Division 5 — Establishment of various offices and bodies
12A. Effect of Schedule 1 15
Part 2 — Health and safety duties
Division 1 — Introductory
Subdivision 1 — Principles that apply to duties
Principles that apply to duties 16
Duties not transferable 16
Person may have more than 1 duty 16
More than 1 person can have a duty 16
Management of risks 17
Subdivision 2 — What is reasonably practicable
Division 2 — Primary duty of care
Division 3 — Further duties of persons conducting businesses or undertakings
Duty of persons conducting businesses or undertakings involving management or control of workplaces 20
Duty of persons conducting businesses or undertakings involving management or control of fixtures, fittings or plant at workplaces 20
Duties of persons conducting businesses or undertakings that design plant, substances or structures 21
Duties of persons conducting businesses or undertakings that manufacture plant, substances or structures 23
Duties of persons conducting businesses or undertakings that import plant, substances or structures 25
Duties of persons conducting businesses or undertakings that supply plant, substances or structures 27
Duty of persons conducting businesses or undertakings that install, construct or commission plant or structures 29
26A. Duty of persons conducting businesses or undertakings that provide services relating to work health and safety 30
Division 4 — Duty of officers, workers and other persons
Duty of officers 32
Duties of workers 33
Duties of other persons at the workplace 34
Division 5 — Offences and penalties
Subdivision 2 — Industrial manslaughter
30A. Industrial manslaughter — crime 35
Subdivision 3 — Other offences and penalties
Failure to comply with health and safety duty — Category 1 36
Failure to comply with health and safety duty — Category 2 38
Failure to comply with health and safety duty — Category 3 38
Subdivision 4 — Exceptions
Part 3 — Incident notification
What is a notifiable incident 40
What is a serious injury or illness 40
What is a dangerous incident 41
Duty to notify of notifiable incidents 42
Duty to preserve incident sites 43
Part 4 — Authorisations
Division 1 — Preliminary
Division 2 — Requirements for authorisations
Requirements for authorisation of workplaces 45
Requirements for authorisation of plant or substance 45
Requirements for authorisation of work 46
Division 3 — Other requirements
Requirements for prescribed qualifications or experience 47
Requirement to comply with conditions of authorisation 48
Division 4 — Use of automated electronic systems for functions relating to authorisations
45A. Preliminary 48
45B. Use of automated electronic systems under authorisation provisions 49
45C. Replacing decision made by automated electronic system or re‑exercising or re‑performing authorisation function 50
Part 5 — Consultation, representation and participation
Division 1 — Consultation, cooperation and coordination between duty holders
Division 2 — Consultation with workers
Duty to consult workers 52
Nature of consultation 53
When consultation is required 53
Division 3 — Health and safety representatives
Subdivision 1 — Request for election of health and safety representatives
Subdivision 2 — Determination of work groups
Determination of work groups 54
Negotiations for determination of work group 55
Notice to workers 56
Failure of negotiations 56
Subdivision 3 — Multiple business work groups
Determination of work groups of multiple businesses 57
Negotiation of agreement for work groups of multiple businesses 58
Notice to workers 59
Withdrawal from negotiations or agreement involving multiple businesses 60
Effect of Subdivision on other arrangements 60
Subdivision 4 — Election of health and safety representatives
Eligibility to be elected 60
Procedure for election of health and safety representatives 61
Eligibility to vote 61
When election not required 61
Term of office of health and safety representative 62
Disqualification of health and safety representatives 62
Immunity of health and safety representatives 63
Deputy health and safety representatives 63
Subdivision 5 — Powers and functions of health and safety representatives
Powers and functions of health and safety representatives 64
Powers and functions generally limited to the particular work group 67
Subdivision 6 — Obligations of person conducting business or undertaking to health and safety representatives
General obligations of person conducting business or undertaking 68
Exceptions from obligations under section 70(1) 70
Obligation to train health and safety representatives 71
Obligation to share costs if multiple businesses or undertakings 73
List of health and safety representatives 73
Division 4 — Health and safety committees
Health and safety committees 74
Constitution of committee 75
Functions of committee 76
Meetings of committee 76
Duties of person conducting business or undertaking 76
Division 5 — Issue resolution
Parties to an issue 78
Resolution of health and safety issues 79
Referral of issue to regulator for resolution by inspector 79
82A. Extension of deadline for making decision resolving issue 80
Division 6 — Right to cease or direct cessation of unsafe work
Definition of cease work under this Division 80
Right of worker to cease unsafe work 81
Health and safety representative may direct that unsafe work cease 81
Worker to notify if ceases work 82
Alternative work 83
Continuity of engagement of worker 83
Request to regulator to appoint inspector to assist 83
89A. Referral of issue about application of section 88 to Tribunal 83
Division 7 — Provisional improvement notices
Provisional improvement notices 84
Provisional improvement notice to be in writing 85
Contents of provisional improvement notice 85
Provisional improvement notice may include recommendations to remedy contravention 85
Minor changes to provisional improvement notice 86
Issue of provisional improvement notice 86
Health and safety representative may cancel notice 86
Display of provisional improvement notice 86
Formal irregularities or defects in notice 87
Offence to contravene a provisional improvement notice 87
Request for review of provisional improvement notice 87
Inspector to review notice 88
Decision of inspector on review of provisional improvement notice 88
Division 8 — Part not to apply to prisoners
Part 6 — Discriminatory, coercive and misleading conduct
Division 1 — Prohibition on discriminatory, coercive or misleading conduct
Prohibition on discriminatory conduct 90
What is discriminatory conduct 90
What is a prohibited reason 91
Prohibition of requesting, instructing, inducing, encouraging, authorising or assisting discriminatory conduct 93
Prohibition of coercion or inducement 93
Misrepresentation 94
Division 2 — Criminal proceedings in relation to discriminatory conduct
Proof of discriminatory conduct 95
Order for compensation or reinstatement 95
Division 3 — Civil proceedings in relation to discriminatory or coercive conduct
Civil proceedings in relation to engaging in or inducing discriminatory or coercive conduct 96
Procedure for civil actions for discriminatory conduct 97
Division 4 — General
General provisions relating to orders 98
Prohibition on multiple actions 99
Part 7 — Not used
Division 1 — Not used
Division 2 — Not used
Not used 100
Not used 100
Not used 100
Not used 100
Division 3 — Not used
Not used 100
Not used 100
Division 4 — Not used
Not used 100
Not used 100
Not used 100
Not used 100
Not used 100
Not used 100
Not used 100
Not used 100
Division 5 — Not used
Not used 101
Not used 101
Not used 101
Not used 101
Not used 101
Not used 101
Not used 101
Not used 101
Not used 101
Not used 101
Not used 101
Not used 101
Not used 101
Division 7 — Not used
Not used 101
Not used 101
Not used 101
Not used 101
Not used 102
Division 8 — Not used
Not used 102
Not used 102
Not used 102
Part 8 — The regulator
Division 1 — Functions of regulator
Functions of regulator 103
Powers of regulator 104
Delegation by regulator 104
Division 2 — Powers of regulator to obtain information and require independent reports
155A. Supplementary provisions relating to appearances 106
155B. Power of regulator to require independent report 107
155C. Powers to copy and retain documents 108
Part 9 — Securing compliance
Division 1 — Appointment of inspectors
Appointment of inspectors 110
Identification of inspectors 110
Accountability of inspectors 110
Suspension and ending of appointment of inspectors 111
Division 2 — Functions and powers of inspectors
Functions and powers of inspectors 111
Conditions on inspectors’ compliance powers 112
Inspectors subject to regulator’s directions 112
Division 3 — Powers relating to entry
Subdivision 1 — General powers of entry
Powers of entry 112
Notification of entry 112
General powers on entry under section 163 113
Persons assisting inspectors 114
Subdivision 2 — Entry warrants
166A. Terms used 115
166B. Entry to places under entry warrant 115
167A. Use of remote communication 116
167B. Effect and execution of entry warrant 118
167C. General powers when executing entry warrant 119
167D. Persons assisting inspectors 121
Not used 121
Not used 121
Subdivision 3 — Limitation on entry powers
Division 4 — Powers relating to documents and information
Power to require documents and answers to questions 122
Abrogation of privilege against self‑incrimination 124
Warning to be given 125
Powers to copy and retain documents 125
Division 5 — Seizure
Power to seize things 126
Inspector’s power to seize dangerous workplaces and things 127
Powers supporting seizure 128
Receipt for seized things 129
178A. Inspecting, examining, analysing and testing seized things 129
Forfeiture of seized things 130
Return of seized things 131
Access to seized things 132
Division 6 — Damage
Damage etc. to be minimised 132
Inspector to give notice of damage 132
Not used 133
Division 7 — Other matters
Power to require name and address 133
Inspector may take affidavits 134
Not used 134
Division 8 — Offences in relation to inspectors
Offence to hinder or obstruct inspector 134
Offence to impersonate inspector 134
Offence to assault, threaten or intimidate inspector 135
Part 10 — Enforcement measures
Division 1 — Improvement notices
Issue of improvement notices 136
Contents of improvement notice 136
Compliance with improvement notice 137
Extension of time for compliance with improvement notices 137
Division 2 — Prohibition notices
Power to issue prohibition notice 138
Contents of prohibition notice 139
Compliance with prohibition notice 139
Division 3 — Non‑disturbance notices
Issue of non‑disturbance notice 140
Contents of non‑disturbance notice 140
Compliance with non‑disturbance notice 141
Issue of subsequent notices 141
Division 4 — General requirements applying to notices
Application of Division 141
Notice to be in writing 141
Directions in notices 141
Recommendations in notice 142
Changes to notice by inspector 142
Regulator may vary or cancel notice 142
Formal irregularities or defects in notice 142
Issue and giving of notice 143
Display of notice 143
Division 5 — Remedial action
When regulator may carry out action 144
Power of regulator to take other remedial action 144
Costs of remedial or other action 145
Not used 145
Not used 145
Part 11 — Enforceable undertakings
Regulator may accept WHS undertakings 146
Notice of decision and reasons for decision 146
When a WHS undertaking is enforceable 146
Compliance with WHS undertaking 147
Contravention of WHS undertaking 147
Withdrawal or variation of WHS undertaking 148
Proceeding for alleged contravention 148
Part 12 — Review of decisions
Division 1 — Reviewable decisions
223A. Review applications by unions 157
Division 2 — Internal review
Application for internal review 158
Internal reviewer 158
Decision of internal reviewer 158
Decision on internal review 159
Stays of reviewable decisions on internal reviews 159
Division 3 — External review
229A. Conduct and outcome of external review 161
229B. Stays of decisions subject to external review 162
Part 13 — Legal proceedings
Division 1 — General matters
229C. Terms used 163
Prosecutions 163
Procedure if prosecution is not brought 164
Limitation period for prosecutions 164
232A. Admission of evidence obtained unlawfully 166
Division 2 — Sentencing of offenders
Application of this Division 167
Orders generally 167
Adverse publicity orders 167
Orders for restoration 168
Work health and safety project orders 169
Release on the giving of a court‑ordered WHS undertaking 169
Not used 170
Training orders 170
Offence to fail to comply with order 170
Division 3 — Not used
Division 4 — Offences by bodies corporate
Division 5 — The Crown
Subdivision 1 — Prosecutions
244A. Crown may be prosecuted 171
244B. Prosecution against agent of Crown that is body corporate 171
244C. Prosecution of Crown in other cases 172
244D. Provisions applicable to responsible agency 172
244E. Proceedings where Crown agency has ceased to exist 173
244F. Penalties in proceedings against Crown 174
Subdivision 2 — Other matters
244G. Issue of notices to Crown 174
244H. Imputing conduct to Crown agency 175
Not used 176
Not used 176
Not used 176
Not used 176
Not used 176
Not used 176
Not used 176
Not used 176
Not used 176
Division 7 — Not used
Not used 176
Not used 176
Not used 176
Not used 176
Not used 176
Not used 177
Not used 177
Not used 177
Not used 177
Not used 177
Not used 177
Not used 177
Not used 177
Division 8 — Civil liability not affected by this Act
Part 14 — General
Division 1 — General provisions
Offence to give false or misleading information 178
Act does not affect legal professional privilege 179
Immunity from liability 179
Confidentiality of information 179
No contracting out 181
272A. No insurance or other indemnities against fines 181
Division 2 — Codes of practice
Approved codes of practice 182
Use of codes of practice in proceedings 184
Division 3 — Regulation‑making powers
Division 4 — Review of Act
Part 15 — Repeals and consequential amendments
Division 1 — Occupational safety and health legislation
Occupational Safety and Health Act 1984 repealed 187
Occupational Safety and Health Regulations 1996 repealed 187
Division 2 — Mines safety and inspection legislation
Subdivision 1 — Mines Safety and Inspection Act 1994 amended
Act amended 187
Section 3 deleted 187
Section 4 amended 187
Section 4A deleted 190
Section 6A deleted 191
Section 7 amended 191
Parts 2 to 8 deleted 191
Sections 94 and 95 deleted 191
Section 96A deleted 191
Sections 98 to 99A deleted 191
Section 100 amended 191
Sections 100A and 101 deleted 191
Part 9 Divisions 2 and 3 deleted 192
Sections 102A and 103 deleted 192
Section 104 amended 192
Section 105A amended 193
Section 105AB amended 193
Sections 105 to 110 deleted 193
Subdivision 2 — Mines Safety and Inspection Regulations 1995 repealed
Division 3 — Petroleum and geothermal energy legislation
Subdivision 1 — Petroleum and Geothermal Energy Resources Act 1967 amended
Act amended 194
Section 5 amended 194
Section 7AA deleted 194
Section 112A amended 194
Section 119 amended 195
Section 126A amended 195
Part IIIA deleted 195
Section 153 amended 195
Schedule 1 deleted 195
Subdivision 2 — Petroleum and Geothermal Energy Safety Levies Act 2011 amended
Act amended 195
Long title amended 196
Section 3 amended 196
Sections 3A to 3E inserted 200
3A. Diving operation 200
3B. DSMS 201
3C. Geothermal energy operation 201
3D. Petroleum operation 203
3E. Safety case 205
Part 2 — Safety levies
Division 1 — Safety case levy
Safety case levy payable 206
Liability for payment of safety case levy 206
Amount of safety case levy 206
Division 2 — DSMS levy
DSMS levy payable 207
Liability for payment of DSMS levy 207
Amount of DSMS levy 207
Section 10 amended 207
Section 11 amended 208
Section 12 amended 208
Section 13 amended 208
Section 14 amended 209
Section 15 amended 209
Section 16 amended 209
Section 18 amended 209
Section 21 amended 210
Section 22 amended 210
Section 26 amended 210
Subdivision 3 — Petroleum Pipelines Act 1969 amended
Act amended 211
Section 4 amended 211
Section 5AA deleted 211
Section 32 replaced 211
Certain local laws not to apply to licensed pipelines 211
Section 36 amended 212
Part IVA deleted 212
Section 63 amended 212
Section 66BB amended 212
Section 67 amended 212
Schedule 1 deleted 212
Subdivision 4 — Petroleum (Submerged Lands) Act 1982 amended
Act amended 213
Section 4 amended 213
Section 4A inserted 213
4A. Meaning of facility and offshore petroleum operation 213
Part IIA deleted 216
Section 97 amended 216
Section 119 amended 216
Section 137A amended 217
Part IIIA deleted 217
Section 152 amended 217
Schedule 3 amended 217
Schedule 5 deleted 217
Subdivision 5 — Various regulations repealed
Regulations under Petroleum and Geothermal Energy Resources Act 1967 repealed 217
Regulations under Petroleum and Geothermal Energy Safety Levies Act 2011 repealed 218
Regulations under Petroleum Pipelines Act 1969 repealed 218
Regulations under Petroleum (Submerged Lands) Act 1982 repealed 218
Division 4 — Other consequential amendments
Subdivision 1 — Building and Construction Industry Training Fund and Levy Collection Act 1990 amended
Act amended 218
Section 8 amended 219
Subdivision 2 — Constitution Acts Amendment Act 1899 amended
Act amended 219
Schedule V amended 219
Subdivision 3 — Fair Trading Act 2010 amended
Act amended 219
Schedule 1 amended 219
Subdivision 4 — Health (Miscellaneous Provisions) Act 1911 amended
Act amended 220
Section 246B amended 220
Subdivision 5 — Industrial Relations Act 1979 amended
Act amended 220
Section 7 amended 220
Section 8 amended 221
Section 16 amended 221
Section 49I amended 222
Section 113 amended 222
Subdivision 6 — Local Government Act 1995 amended
Act amended 222
Section 5.40 amended 222
Subdivision 7 — Public Sector Management Act 1994 amended
Act amended 223
Section 8 amended 223
Section 29 amended 223
Subdivision 8 — Workers’ Compensation and Injury Management Act 1981 amended
Act amended 223
Section 47 deleted 223
Section 48 amended 224
Section 95 amended 224
Section 100B amended 224
Part 16 — Transitional provisions
Division 1 — Preliminary
Terms used 225
Application of Interpretation Act 1984 not affected 225
Continued application of enactments 225
Transitional regulations 226
Division 2 — General saving in relation to certain matters
Division 3 — Office holders and bodies
WorkSafe Commissioner 229
Chief Inspector of Mines 229
Members of Work Health and Safety Commission 230
First annual report of Work Health and Safety Commission 231
Continuation of Mining Industry Advisory Committee 231
Continuation of other advisory committees 232
Division 4 — Health and safety duties
Subdivision 1 — Designers
Section 22 applies only if designing starts on or after commencement day 232
Continued application of repealed enactments relating to designers 232
Subdivision 2 — Manufacturers
Plant, substance or structure manufactured in batch 233
Section 23 applies only if manufacturing starts on or after commencement day 233
Continued application of repealed enactments relating to manufacturers 234
Subdivision 3 — Importers
Section 24 not to apply if importation process starts before commencement day 235
Continued application of repealed enactments relating to importers 235
Subdivision 4 — Suppliers
Start of supply 237
Section 25 not to apply if supply started before commencement day 237
Continued application of repealed enactments relating to suppliers 237
Subdivision 5 — Persons who install, construct or commission plant or structures
Section 26 not to apply if installing, constructing or commissioning occurs before commencement day 238
Continued application of repealed enactments relating to persons who install or construct plant or structures 239
Division 5 — Health and safety representatives
Terms used 240
Safety and health representatives elected before commencement day 240
Elections in process before commencement day 242
Disqualifications 243
Functions and powers under repealed enactments 243
Division 6 — Health and safety committees
Term used 244
Safety and health committees in place before commencement day 244
Process to establish safety and health committee started before commencement day 245
Division 7 — Issue resolution
Part 5 Division 5 to apply to unresolved issues arising before commencement day 245
Continued application of enactments relating to issue resolution 246
Division 8 — The regulator
Continuing powers and functions under OSHA 246
Continuing powers and functions under MSIA 246
Continuing powers and functions under petroleum and geothermal energy legislation 247
Delegation 247
Division 9 — Inspectors
Inspectors under OSHA 248
Inspectors under MSIA 249
Inspectors under PGERA 249
Inspectors under PPA 251
Inspectors under P(SL)A 252
Application of sections 161 and 162 253
Division 10 — Legal proceedings
Jurisdiction of Occupational Safety and Health Tribunal to be exercised by Tribunal 253
Jurisdiction of safety and health magistrates to be exercised by health and safety magistrates 254
Division 11 — Other matters
Notifiable incidents 255
Independent studies at mines 255
Codes of practice 255
Protections from personal liability 255
Division 12 — Levies
Subdivision 1 — Mines safety and inspection levy
Administration costs 256
Mines Safety and Inspection Levy Regulations 2010 256
Subdivision 2 — Petroleum and geothermal energy safety levies
Administration costs 257
Petroleum and Geothermal Energy Safety Levies Act 2011 to continue to apply to past levy periods 257
Schedule 1 — Various offices and bodies
Division 1 — WorkSafe Commissioner
Appointment of WorkSafe Commissioner 258
Functions of WorkSafe Commissioner and relationship with Minister and WHS department 258
Vacation of office of WorkSafe Commissioner 259
Acting WorkSafe Commissioner 260
Division 2 — Chief Inspector of Mines and Chief Inspector Petroleum Safety
Appointment of Chief Inspector of Mines and Chief Inspector Petroleum Safety 260
Functions of Chief Inspector of Mines and Chief Inspector Petroleum Safety 261
Vacation of office of Chief Inspector of Mines or Chief Inspector Petroleum Safety 261
Acting Chief Inspector of Mines or Acting Chief Inspector Petroleum Safety 262
Division 3 — Work Health and Safety Commission
Terms used 262
Establishment of Work Health and Safety Commission 263
Deputy chairperson 264
Vacation of office of appointed members 265
Acting members 265
Terms and conditions of appointed members 266
Leave of absence 266
Casual vacancies 267
Meetings of Commission 267
Functions of Commission 268
Advisory committees 270
Annual report 270
Staff to assist Commission 271
Division 4 — Mining and Petroleum Advisory Committee
Terms used 271
Establishment of Mining and Petroleum Advisory Committee 271
Functions of Committee 272
Annual report and staff 272
Division 5 — Work Health and Safety Tribunal
Terms used 273
Establishment of Work Health and Safety Tribunal 273
Jurisdiction to be exercised by commissioner with requisite qualifications 273
Practice, procedure and appeals 274
Conciliation 275
Certain matters to be heard together 276
Sourced from the Western Australian Legislation website (legislation.wa.gov.au). Not the authorised version.
Western Australia
Work Health and Safety Act 2020
Western Australia
Work Health and Safety Act 2020
Contents
Part 1 — Preliminary
Division 1 — Introduction
Short title 2
Commencement 2
Division 2 — Object
Division 3 — Interpretation
Subdivision 1 — Definitions
Subdivision 2 — Other important terms
4A. Meaning of officer 10
Meaning of person conducting a business or undertaking 12
Meaning of supply 13
Meaning of worker 14
Meaning of workplace 14
Notes 15
Division 4 — Application of Act
Act binds Crown 15
Not used 15
Not used 15
Division 5 — Establishment of various offices and bodies
12A. Effect of Schedule 1 15
Part 2 — Health and safety duties
Division 1 — Introductory
Subdivision 1 — Principles that apply to duties
Principles that apply to duties 16
Duties not transferable 16
Person may have more than 1 duty 16
More than 1 person can have a duty 16
Management of risks 17
Subdivision 2 — What is reasonably practicable
Division 2 — Primary duty of care
Division 3 — Further duties of persons conducting businesses or undertakings
Duty of persons conducting businesses or undertakings involving management or control of workplaces 20
Duty of persons conducting businesses or undertakings involving management or control of fixtures, fittings or plant at workplaces 20
Who it affects
Why it matters (official purpose, then what that implies in practice)
Costs, incentives, trade‑offs and likely behavioural effects (test of the purpose claims)
Key provisions to note (practical bookmarks)
Duties of persons conducting businesses or undertakings that design plant, substances or structures 21
Duties of persons conducting businesses or undertakings that manufacture plant, substances or structures 23
Duties of persons conducting businesses or undertakings that import plant, substances or structures 25
Duties of persons conducting businesses or undertakings that supply plant, substances or structures 27
Duty of persons conducting businesses or undertakings that install, construct or commission plant or structures 29
26A. Duty of persons conducting businesses or undertakings that provide services relating to work health and safety 30
Division 4 — Duty of officers, workers and other persons
Duty of officers 32
Duties of workers 33
Duties of other persons at the workplace 34
Division 5 — Offences and penalties
Subdivision 1 — Preliminary
Subdivision 2 — Industrial manslaughter
30A. Industrial manslaughter — crime 35
Subdivision 3 — Other offences and penalties
Failure to comply with health and safety duty — Category 1 36
Failure to comply with health and safety duty — Category 2 38
Failure to comply with health and safety duty — Category 3 38
Subdivision 4 — Exceptions
Part 3 — Incident notification
What is a notifiable incident 40
What is a serious injury or illness 40
What is a dangerous incident 41
Duty to notify of notifiable incidents 42
Duty to preserve incident sites 43
Part 4 — Authorisations
Division 1 — Preliminary
Division 2 — Requirements for authorisations
Requirements for authorisation of workplaces 45
Requirements for authorisation of plant or substance 45
Requirements for authorisation of work 46
Division 3 — Other requirements
Requirements for prescribed qualifications or experience 47
Requirement to comply with conditions of authorisation 48
Division 4 — Use of automated electronic systems for functions relating to authorisations
45A. Preliminary 48
45B. Use of automated electronic systems under authorisation provisions 49
45C. Replacing decision made by automated electronic system or re‑exercising or re‑performing authorisation function 50
Part 5 — Consultation, representation and participation
Division 1 — Consultation, cooperation and coordination between duty holders
Division 2 — Consultation with workers
Duty to consult workers 52
Nature of consultation 53
When consultation is required 53
Division 3 — Health and safety representatives
Subdivision 1 — Request for election of health and safety representatives
Subdivision 2 — Determination of work groups
Determination of work groups 54
Negotiations for determination of work group 55
Notice to workers 56
Failure of negotiations 56
Subdivision 3 — Multiple business work groups
Determination of work groups of multiple businesses 57
Negotiation of agreement for work groups of multiple businesses 58
Notice to workers 59
Withdrawal from negotiations or agreement involving multiple businesses 60
Effect of Subdivision on other arrangements 60
Subdivision 4 — Election of health and safety representatives
Eligibility to be elected 60
Procedure for election of health and safety representatives 61
Eligibility to vote 61
When election not required 61
Term of office of health and safety representative 62
Disqualification of health and safety representatives 62
Immunity of health and safety representatives 63
Deputy health and safety representatives 63
Subdivision 5 — Powers and functions of health and safety representatives
Powers and functions of health and safety representatives 64
Powers and functions generally limited to the particular work group 67
Subdivision 6 — Obligations of person conducting business or undertaking to health and safety representatives
General obligations of person conducting business or undertaking 68
Exceptions from obligations under section 70(1) 70
Obligation to train health and safety representatives 71
Obligation to share costs if multiple businesses or undertakings 73
List of health and safety representatives 73
Division 4 — Health and safety committees
Health and safety committees 74
Constitution of committee 75
Functions of committee 76
Meetings of committee 76
Duties of person conducting business or undertaking 76
Division 5 — Issue resolution
Parties to an issue 78
Resolution of health and safety issues 79
Referral of issue to regulator for resolution by inspector 79
82A. Extension of deadline for making decision resolving issue 80
Division 6 — Right to cease or direct cessation of unsafe work
Definition of cease work under this Division 80
Right of worker to cease unsafe work 81
Health and safety representative may direct that unsafe work cease 81
Worker to notify if ceases work 82
Alternative work 83
Continuity of engagement of worker 83
Request to regulator to appoint inspector to assist 83
89A. Referral of issue about application of section 88 to Tribunal 83
Division 7 — Provisional improvement notices
Provisional improvement notices 84
Provisional improvement notice to be in writing 85
Contents of provisional improvement notice 85
Provisional improvement notice may include recommendations to remedy contravention 85
Minor changes to provisional improvement notice 86
Issue of provisional improvement notice 86
Health and safety representative may cancel notice 86
Display of provisional improvement notice 86
Formal irregularities or defects in notice 87
Offence to contravene a provisional improvement notice 87
Request for review of provisional improvement notice 87
Inspector to review notice 88
Decision of inspector on review of provisional improvement notice 88
Division 8 — Part not to apply to prisoners
Part 6 — Discriminatory, coercive and misleading conduct
Division 1 — Prohibition on discriminatory, coercive or misleading conduct
Prohibition on discriminatory conduct 90
What is discriminatory conduct 90
What is a prohibited reason 91
Prohibition of requesting, instructing, inducing, encouraging, authorising or assisting discriminatory conduct 93
Prohibition of coercion or inducement 93
Misrepresentation 94
Division 2 — Criminal proceedings in relation to discriminatory conduct
Proof of discriminatory conduct 95
Order for compensation or reinstatement 95
Division 3 — Civil proceedings in relation to discriminatory or coercive conduct
Civil proceedings in relation to engaging in or inducing discriminatory or coercive conduct 96
Procedure for civil actions for discriminatory conduct 97
Division 4 — General
General provisions relating to orders 98
Prohibition on multiple actions 99
Part 7 — Not used
Division 1 — Not used
Division 2 — Not used
Not used 100
Not used 100
Not used 100
Not used 100
Division 3 — Not used
Not used 100
Not used 100
Division 4 — Not used
Not used 100
Not used 100
Not used 100
Not used 100
Not used 100
Not used 100
Not used 100
Not used 100
Division 5 — Not used
Not used 101
Not used 101
Not used 101
Not used 101
Not used 101
Not used 101
Not used 101
Not used 101
Not used 101
Not used 101
Division 6 — Not used
Not used 101
Not used 101
Not used 101
Division 7 — Not used
Not used 101
Not used 101
Not used 101
Not used 101
Not used 102
Division 8 — Not used
Not used 102
Not used 102
Not used 102
Part 8 — The regulator
Division 1 — Functions of regulator
Functions of regulator 103
Powers of regulator 104
Delegation by regulator 104
Division 2 — Powers of regulator to obtain information and require independent reports
155A. Supplementary provisions relating to appearances 106
155B. Power of regulator to require independent report 107
155C. Powers to copy and retain documents 108
Part 9 — Securing compliance
Division 1 — Appointment of inspectors
Appointment of inspectors 110
Identification of inspectors 110
Accountability of inspectors 110
Suspension and ending of appointment of inspectors 111
Division 2 — Functions and powers of inspectors
Functions and powers of inspectors 111
Conditions on inspectors’ compliance powers 112
Inspectors subject to regulator’s directions 112
Division 3 — Powers relating to entry
Subdivision 1 — General powers of entry
Powers of entry 112
Notification of entry 112
General powers on entry under section 163 113
Persons assisting inspectors 114
Subdivision 2 — Entry warrants
166A. Terms used 115
166B. Entry to places under entry warrant 115
167A. Use of remote communication 116
167B. Effect and execution of entry warrant 118
167C. General powers when executing entry warrant 119
167D. Persons assisting inspectors 121
Not used 121
Not used 121
Subdivision 3 — Limitation on entry powers
Division 4 — Powers relating to documents and information
Power to require documents and answers to questions 122
Abrogation of privilege against self‑incrimination 124
Warning to be given 125
Powers to copy and retain documents 125
Division 5 — Seizure
Power to seize things 126
Inspector’s power to seize dangerous workplaces and things 127
Powers supporting seizure 128
Receipt for seized things 129
178A. Inspecting, examining, analysing and testing seized things 129
Forfeiture of seized things 130
Return of seized things 131
Access to seized things 132
Division 6 — Damage
Damage etc. to be minimised 132
Inspector to give notice of damage 132
Not used 133
Division 7 — Other matters
Power to require name and address 133
Inspector may take affidavits 134
Not used 134
Division 8 — Offences in relation to inspectors
Offence to hinder or obstruct inspector 134
Offence to impersonate inspector 134
Offence to assault, threaten or intimidate inspector 135
Part 10 — Enforcement measures
Division 1 — Improvement notices
Issue of improvement notices 136
Contents of improvement notice 136
Compliance with improvement notice 137
Extension of time for compliance with improvement notices 137
Division 2 — Prohibition notices
Power to issue prohibition notice 138
Contents of prohibition notice 139
Compliance with prohibition notice 139
Division 3 — Non‑disturbance notices
Issue of non‑disturbance notice 140
Contents of non‑disturbance notice 140
Compliance with non‑disturbance notice 141
Issue of subsequent notices 141
Division 4 — General requirements applying to notices
Application of Division 141
Notice to be in writing 141
Directions in notices 141
Recommendations in notice 142
Changes to notice by inspector 142
Regulator may vary or cancel notice 142
Formal irregularities or defects in notice 142
Issue and giving of notice 143
Display of notice 143
Division 5 — Remedial action
When regulator may carry out action 144
Power of regulator to take other remedial action 144
Costs of remedial or other action 145
Division 6 — Not used
Not used 145
Not used 145
Part 11 — Enforceable undertakings
Regulator may accept WHS undertakings 146
Notice of decision and reasons for decision 146
When a WHS undertaking is enforceable 146
Compliance with WHS undertaking 147
Contravention of WHS undertaking 147
Withdrawal or variation of WHS undertaking 148
Proceeding for alleged contravention 148
Part 12 — Review of decisions
Division 1 — Reviewable decisions
223A. Review applications by unions 157
Division 2 — Internal review
Application for internal review 158
Internal reviewer 158
Decision of internal reviewer 158
Decision on internal review 159
Stays of reviewable decisions on internal reviews 159
Division 3 — External review
229A. Conduct and outcome of external review 161
229B. Stays of decisions subject to external review 162
Part 13 — Legal proceedings
Division 1 — General matters
229C. Terms used 163
Prosecutions 163
Procedure if prosecution is not brought 164
Limitation period for prosecutions 164
232A. Admission of evidence obtained unlawfully 166
Division 2 — Sentencing of offenders
Application of this Division 167
Orders generally 167
Adverse publicity orders 167
Orders for restoration 168
Work health and safety project orders 169
Release on the giving of a court‑ordered WHS undertaking 169
Not used 170
Training orders 170
Offence to fail to comply with order 170
Division 3 — Not used
Division 4 — Offences by bodies corporate
Division 5 — The Crown
Subdivision 1 — Prosecutions
244A. Crown may be prosecuted 171
244B. Prosecution against agent of Crown that is body corporate 171
244C. Prosecution of Crown in other cases 172
244D. Provisions applicable to responsible agency 172
244E. Proceedings where Crown agency has ceased to exist 173
244F. Penalties in proceedings against Crown 174
Subdivision 2 — Other matters
244G. Issue of notices to Crown 174
244H. Imputing conduct to Crown agency 175
Not used 176
Not used 176
Not used 176
Not used 176
Division 6 — Not used
Not used 176
Not used 176
Not used 176
Not used 176
This is an opening excerpt, not the complete document.