84Duty of person conducting business or undertaking to ensure direct supervision—the Act, Sch 3, cl 1(3)

84 Duty of person conducting business or undertaking to ensure direct supervision—the Act, Sch 3, cl 1(3)

84 Duty of person conducting business or undertaking to ensure direct supervision—the Act, Sch 3, cl 1(3)

(1) A person conducting a business or undertaking must ensure that a person supervising the work of a person carrying out high risk work as required by section 82(1) provides direct supervision of the person except in the circumstances set out in subsection (2).

Maximum penalty—

(a) for an individual—73 penalty units, or

(b) for a body corporate—364 penalty units.

(2) Direct supervision of a person is not required if—

(a) the nature or circumstances of a particular task make direct supervision impracticable or unnecessary, and

(b) the reduced level of supervision will not place the health or safety of the supervised person or another person at risk.

(3) In this section—

direct supervision of a person means the oversight by the supervising person of the work of that person for the purposes of—

(a) directing, demonstrating, monitoring and checking the person’s work in a way that is appropriate to the person’s level of competency, and

(b) ensuring a capacity to respond in an emergency situation.