Schedule Sch 2 - Work Health and Safety Act 2020 - Regulation‑making powers

Sch 2Regulation‑making powers

Start here

Get a plain-English read of Sch 2

Turn the raw legal text into a practical explanation grounded in Work Health and Safety Act 2020.

Schedule 2 — Regulation‑making powers

Duties 278
Incidents 278
Plant, substances or structures 278
Protection and welfare of workers 279
Hazards and risks 279
Records and notices 279
Authorisations 280
Work groups 280
Health and safety committees and health and safety representatives 280
Issue resolution 281
Identification of inspectors 281
Forfeiture 281
Review of decisions 281

Notes

Compilation table 282

Uncommenced provisions table 282

Other notes 282

Defined terms

An Act —

• to make provision about, and in connection with —

• the health and safety of workers; and

• health and safety at workplaces; and

• risks to health and safety arising from work;

and

• to make consequential and related amendments to, and repeals of, various written laws; and

• for related purposes.

Part 1 — Preliminary

Division 1 — Introduction

1. Short title

This is the Work Health and Safety Act 2020.

2. Commencement

(1) This Act comes into operation as follows —

(a) Part 1, other than Divisions 2 to 5 — on the day on which this Act receives the Royal Assent (assent day);

(b) Part 14, other than Divisions 1 to 3 — on the day after assent day;

(2) However, if no day is fixed under subsection (1)(c) before the end of the period of 10 years beginning on assent day, this Act is repealed on the day after that period ends.

Division 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; and

(b) providing for fair and effective workplace representation, consultation, cooperation and issue resolution in relation to work health and safety; and

Item	Provision under which reviewable decision is made	Eligible person in relation to reviewable decision
1.	Section 54(2) (decision following failure of negotiations)	A worker whose interests are affected by the decision or the worker’s representative appointed for the purpose of section 52(1)(b).
		A person conducting a business or undertaking whose interests are affected by the decision.
		A health and safety representative who represents a worker whose interests are affected by the decision.
2.	Section 72(6) (decision in relation to training of health and safety representative)	A person conducting a business or undertaking whose interests are affected by the decision.<br>A health and safety representative whose interests are affected by the decision.
3.	Section 76(8) (decision relating to health and safety committee)	A worker whose interests are affected by the decision.<br>A person conducting a business or undertaking whose interests are affected by the decision.<br>A health and safety representative who represents a worker whose interests are affected by the decision.
4.	Section 82(3) or (5) (decision resolving issue or refusal of request to appoint inspector to resolve issue)	A worker whose interests are affected by the decision.<br>A person conducting a business or undertaking whose interests are affected by the decision.<br>A health and safety representative who represents a worker whose interests are affected by the decision.
5.	Section 102 (decision on review of provisional improvement notice)	The person to whom the provisional improvement notice was issued.<br>The health and safety representative who issued the provisional improvement notice.<br>A worker whose interests are affected by the decision.<br>A health and safety representative who represents a worker whose interests are affected by the decision.<br>A person conducting a business or undertaking whose interests are affected by the decision.
6.	Section 155A(6)(b) (decision to withhold approval of legal practitioner on other reasonable grounds)	The witness.
7.	Section 179 (forfeiture of seized thing)	The person entitled to the thing.
8.	Section 180 (return of seized things)	The person entitled to the thing.
9.	Section 191 (issue of improvement notice)	The person to whom the notice was issued.<br>A person conducting a business or undertaking whose interests are affected by the decision.<br>A worker whose interests are affected by the decision.<br>A health and safety representative who represents a worker whose interests are affected by the decision.
10.	Section 194 (extension of time for compliance with improvement notice)	The person to whom the notice was issued.<br>A person conducting a business or undertaking whose interests are affected by the decision.<br>A worker whose interests are affected by the decision.<br>A health and safety representative who represents a worker whose interests are affected by the decision.
11.	Section 195 (issue of prohibition notice)	The person to whom the notice was issued.<br>The person with management or control of the workplace, plant or substance.<br>A person conducting a business or undertaking whose interests are affected by the decision.<br>A worker whose interests are affected by the decision.<br>A health and safety representative who represents a worker whose interests are affected by the decision.<br>A health and safety representative who gave a direction under section 85 to cease work that is relevant to the prohibition notice.
12.	Section 198 (issue of a non‑disturbance notice)	The person to whom the notice was issued.<br>The person with management or control of the workplace.<br>A person conducting a business or undertaking whose interests are affected by the decision.<br>A worker whose interests are affected by the decision.<br>A health and safety representative who represents a worker whose interests are affected by the decision.
13.	Section 201 (issue of subsequent notice)	The person to whom the notice was issued.<br>The person with management or control of the workplace.<br>A person conducting a business or undertaking whose interests are affected by the decision.<br>A worker whose interests are affected by the decision.<br>A health and safety representative who represents a worker whose interests are affected by the decision.
14.	Section 207 (decision of regulator to vary or cancel notice)	The person to whom the notice was issued.<br>The person with management or control of the workplace.<br>A person conducting a business or undertaking whose interests are affected by the decision.<br>A worker whose interests are affected by the decision.<br>A health and safety representative who represents a worker whose interests are affected by the decision.<br>In the case of a prohibition notice, a health and safety representative whose direction under section 85 to cease work gave rise to the notice.
15.	A prescribed provision of the regulations	A person prescribed by the regulations as eligible to apply for review of the reviewable decision.

Item

Provision under which reviewable decision is made

Eligible person in relation to reviewable decision

Section 54(2) (decision following failure of negotiations)

A worker whose interests are affected by the decision or the worker’s representative appointed for the purpose of section 52(1)(b).

A person conducting a business or undertaking whose interests are affected by the decision.

A health and safety representative who represents a worker whose interests are affected by the decision.

Section 72(6) (decision in relation to training of health and safety representative)

A person conducting a business or undertaking whose interests are affected by the decision. A health and safety representative whose interests are affected by the decision.

Section 76(8) (decision relating to health and safety committee)

A worker whose interests are affected by the decision. A person conducting a business or undertaking whose interests are affected by the decision. A health and safety representative who represents a worker whose interests are affected by the decision.

Section 82(3) or (5) (decision resolving issue or refusal of request to appoint inspector to resolve issue)

Section 102 (decision on review of provisional improvement notice)

The person to whom the provisional improvement notice was issued. The health and safety representative who issued the provisional improvement notice. A worker whose interests are affected by the decision. A health and safety representative who represents a worker whose interests are affected by the decision. A person conducting a business or undertaking whose interests are affected by the decision.

Section 155A(6)(b) (decision to withhold approval of legal practitioner on other reasonable grounds)

The witness.

Section 179 (forfeiture of seized thing)

The person entitled to the thing.

Section 180 (return of seized things)

The person entitled to the thing.

Section 191 (issue of improvement notice)

The person to whom the notice was issued. A person conducting a business or undertaking whose interests are affected by the decision. A worker whose interests are affected by the decision. A health and safety representative who represents a worker whose interests are affected by the decision.

10.

Section 194 (extension of time for compliance with improvement notice)

11.

Section 195 (issue of prohibition notice)

The person to whom the notice was issued. The person with management or control of the workplace, plant or substance. A person conducting a business or undertaking whose interests are affected by the decision. A worker whose interests are affected by the decision. A health and safety representative who represents a worker whose interests are affected by the decision. A health and safety representative who gave a direction under section 85 to cease work that is relevant to the prohibition notice.

12.

Section 198 (issue of a non‑disturbance notice)

The person to whom the notice was issued. The person with management or control of the workplace. A person conducting a business or undertaking whose interests are affected by the decision. A worker whose interests are affected by the decision. A health and safety representative who represents a worker whose interests are affected by the decision.

13.

Section 201 (issue of subsequent notice)

14.

Section 207 (decision of regulator to vary or cancel notice)

15.

A prescribed provision of the regulations

A person prescribed by the regulations as eligible to apply for review of the reviewable decision.

Short title	Number and year	Assent	Commencement
Work Health and Safety Act 2020	36 of 2020	10 Nov 2020	Pt. 1 (other than Div. 2-5): 10 Nov 2020 (see s. 2(1)(a)); Pt. 14 (other than Div. 1-3): 11 Nov 2020 (see s. 2(1)(b)); Act other than Pt. 1 Div. 1 and Pt. 14 Div. 4: 31 Mar 2022 (see s. 2(1)(c) and SL 2022/18 cl. 2)
Industrial Relations Legislation Amendment Act 2021 Pt. 7 1	30 of 2021	22 Dec 2021	20 Jun 2022 (see s. 2(1)(b) and (2) and SL 2022/79 cl. 2)
Industrial Relations Legislation Amendment Act 2024 s. 160	43 of 2024	13 Nov 2024	31 Jan 2025 (see s. 2(c))

Sch 2Regulation‑making powers

Get a plain-English read of Sch 2

Part 1 — Preliminary

Division 1 — Introduction

1. Short title

2. Commencement

Division 2 — Object

3. Object

Division 3 — Interpretation

Subdivision 1 — Definitions

4. Definitions

Subdivision 2 — Other important terms

4A. Meaning of officer

5. Meaning of person conducting a business or undertaking

6. Meaning of supply

7. Meaning of worker

8. Meaning of workplace

9. Notes

Division 4 — Application of Act

10. Act binds Crown

11. Not used

12. Not used

Division 5 — Establishment of various offices and bodies

12A. Effect of Schedule 1

Part 2 — Health and safety duties

Division 1 — Introductory

Subdivision 1 — Principles that apply to duties

13. Principles that apply to duties

14. Duties not transferable

15. Person may have more than 1 duty

16. More than 1 person can have a duty

17. Management of risks

Subdivision 2 — What is reasonably practicable

18. What is reasonably practicable in ensuring health and safety

Division 2 — Primary duty of care

19. Primary duty of care

Division 3 — Further duties of persons conducting businesses or undertakings

20. Duty of persons conducting businesses or undertakings involving management or control of workplaces

21. Duty of persons conducting businesses or undertakings involving management or control of fixtures, fittings or plant at workplaces

22. Duties of persons conducting businesses or undertakings that design plant, substances or structures

23. Duties of persons conducting businesses or undertakings that manufacture plant, substances or structures

24. 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

26. Duty of persons conducting businesses or undertakings that install, construct or commission plant or structures

26A. Duty of persons conducting businesses or undertakings that provide services relating to work health and safety

Division 4 — Duty of officers, workers and other persons

27. Duty of officers

28. Duties of workers

29. Duties of other persons at the workplace

Division 5 — Offences and penalties

30. Terms used

Subdivision 2 — Industrial manslaughter

30A. Industrial manslaughter — crime

Subdivision 3 — Other offences and penalties

31. Failure to comply with health and safety duty — Category 1

32. Failure to comply with health and safety duty — Category 2

33. Failure to comply with health and safety duty — Category 3

Subdivision 4 — Exceptions

34. Volunteers and unincorporated associations

Part 3 — Incident notification

35. What is a notifiable incident

36. What is a serious injury or illness

37. What is a dangerous incident

38. Duty to notify of notifiable incidents

39. Duty to preserve incident sites

Part 4 — Authorisations

Division 1 — Preliminary

40. Meaning of authorised

Division 2 — Requirements for authorisations

41. Requirements for authorisation of workplaces

42. Requirements for authorisation of plant or substance

43. Requirements for authorisation of work

Division 3 — Other requirements

44. Requirements for prescribed qualifications or experience

45. Requirement to comply with conditions of authorisation

Division 4 — Use of automated electronic systems for functions relating to authorisations

45A. Preliminary

45B. Use of automated electronic systems under authorisation provisions

45C. Replacing decision made by automated electronic system or re‑exercising or re‑performing authorisation function

Part 5 — Consultation, representation and participation