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Work Health and Safety (National Uniform Legislation) Act 2011
4Definitions
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4 Definitions
approved code of practice means a code of practice approved
under Part 14.
authorised, for Part 4, see section 40.
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.
Work Health and Safety (National Uniform Legislation) Act 2011 3
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 law prescribed by regulation to
be a corresponding WHS law.
dangerous incident, for Part 3, see section 37.
demolition includes deconstruction.
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, for Part 6, see section 105.
document includes record.
employee record, in relation to an employee, has the same
meaning as it has in the Privacy Act 1988 (Cth).
employer organisation means an organisation of employers.
engage in conduct means doing an act or omitting to do an act.
Fair Work Act means the Fair Work Act 2009 (Cth).
handling includes transport.
health means physical and psychological health.
health and safety duty means a duty imposed under Part 2,
Division 2, 3 or 4.
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 means the offence of industrial
manslaughter under section 34B.
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inspector means an inspector appointed under Part 9.
internal reviewer means:
(b) a person appointed by the regulator under section 225.
medical treatment means treatment by a medical practitioner.
notifiable incident, see section 35.
officer means:
(a) an officer within the meaning of section 9 of the Corporations
Act 2001 (Cth) 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 government council acting
in that capacity.
official of a union, for Part 7, see section 116.
person conducting a business or undertaking, see section 5.
personal information has the same meaning as it has in the
Privacy Act 1988 (Cth).
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, for Part 6, see section 106.
public authority means:
(a) an Agency; or
(b) a local government council.
reasonably practicable, in relation to a duty to ensure health and
safety, see section 18.
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regulator means the Work Health Authority.
relevant person conducting a business or undertaking, for
Part 7, see section 116.
relevant union, for Part 7, see section 116.
relevant worker, for Part 7, see section 116.
representative, in relation to a worker, means:
(a) the health and safety representative for the worker; or
(b) a union representing the worker; or
(c) any other person the worker authorises to represent him or
her.
serious injury or illness, for 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.
union means:
(a) an employee organisation that is registered, or taken to be
registered, under the Fair Work (Registered Organisations)
Act 2009 (Cth); 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.
Work Health and Safety (National Uniform Legislation) Act 2011 6
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.