Australian Capital Territory Consolidated Acts

OCCUPATIONAL HEALTH AND SAFETY ACT 1989

TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY

   1.      Name of Act  
   2.      Objects  
   3.      Dictionary  
   4.      Notes  
   5.      Offences against Act—application of Criminal Code etc  
   6.      Employee taken to be at work for Act  
   7.      References to employee of employer at workplace  
   8.      Voluntary workers etc  
   9.      Exemptions  
   10.     Service of documents etc on employers  

   PART 2--OCCUPATIONAL HEALTH AND SAFETY COUNCIL

           Division 2.1--Establishment, functions and powers

   11.     Establishment  
   12.     Functions  

           Division 2.2--Constitution and meetings

   14.     Membership  
   15.     Terms of appointment  
   16.     Appointment of chair and deputy chair  
   17.     Leave of absence  
   18.     Disclosure of interest  
   20.     Ending appointment of council member  
   22.     Calling meetings  
   23.     Procedure at meetings  
   24.     Immunity from suit  

           Division 2.3--Advisory committees

   25.     Establishment  

   PART 3--OCCUPATIONAL HEALTH AND SAFETY COMMISSIONER

   26.     Appointment of commissioner  
   27.     Functions  
   28.     Resignation  
   29.     Retirement  
   30.     Removal of commissioner  
   31.     Suspension and removal of commissioner  
   32.     Ministerial directions  
   34.     Staff  
   35.     Delegation by commissioner  

   PART 4--SAFETY DUTIES FOR OCCUPATIONAL HEALTH AND SAFETY

           Division 4.1--Safety duties

   37.     Duties of employers in relation to employees  
   38.     Duties of employers in relation to third parties  
   39.     Duties of people in control of workplaces  
   40.     Duties of employees  
   41.     Duties of self-employed people  
   42.     Duties of manufacturers in relation to plant and substances  
   43.     Duties of suppliers in relation to plant and substances  
   44.     Duties of people erecting or installing plant in workplace  
   45.     Reliance on information supplied or results of research  

           Division 4.2--Failure to comply with safety duties

   46.     Meaning of safety duty for div 4.2  
   47.     Failure to comply with safety duty—general offence  
   48.     Failure to comply with safety duty—exposing people to substantial risk of serious  
   49.     Failure to comply with safety duty—causing serious harm to  
   50.     Alternative verdicts for failure to comply with safety duties  
   51.     Beginning of prosecution in Magistrates Court  

   PART 5--WORKPLACE ARRANGEMENTS

           Division 5.1--Health and safety representatives

   52.     Small employers not affected  
   53.     Work groups designated by employers  
   54.     Work groups designated by chief executive  
   55.     Work groups on construction sites  
   56.     Selection  
   57.     Objections to selection  
   58.     Lists of health and safety representatives  
   59.     Powers  
   60.     Access to information  
   61.     Duties of employers  
   62.     Term of office  
   63.     Resignation etc  
   64.     Disqualification  
   65.     Liability  
   66.     Deputy health and safety representatives  

           Division 5.2--Provisional improvement notices

   67.     Issue  
   68.     Display  
   69.     Compliance  
   70.     Revocation  
   71.     Review  

           Division 5.3--Emergency procedures

   72.     Action by health and safety representatives  
   73.     Alternative work  

           Division 5.4--Entry to workplaces by authorised representatives

   74.     Definitions for div 5.4  
   75.     Authorised representatives  
   76.     Disqualification of authorised representatives  
   77.     Entry to workplaces by authorised representatives  
   78.     Notice of entry by authorised representative  
   79.     Production of authorised representative's authorisation  
   80.     Powers available to authorised representative on entry  
   81.     Damage etc to be minimised by authorised representative  
   82.     Compensation for exercise of function by authorised representative  
   83.     Authorised representative to tell occupier about findings  
   84.     Pretending to be authorised representative  
   85.     Obstructing etc authorised representative  

           Division 5.5--Health and safety committee

   86.     Functions  
   87.     Duties of employers  
   88.     Liability  

   PART 6--ENFORCEMENT POWERS

           Division 6.1--General

   89.     Definitions for pt 6  

           Division 6.2--General powers of inspectors

   90.     General power of inspectors to enter premises  
   91.     Production of identity card by inspectors  
   92.     Consent to entry by inspectors  
   93.     General powers of inspectors for premises  
   94.     General powers of inspectors for public places  
   95.     Contravention of requirement by inspector  
   96.     Power of inspectors to take action to prevent etc imminent risk  
   97.     Report about action under s 96  
   98.     Recovery of Territory's costs for action under s 96  
   99.     Power of entry etc in relation to dangerous occurrences  
   100.    Power of inspectors to seize things  
   101.    Action by inspector in relation to seized thing  
   102.    Power of inspectors to destroy unsafe things  
   103.    Power of inspectors to require name and address  
   104.    Power of inspectors to require production of authorisation  

           Division 6.3--Search warrants

   105.    Warrants generally  
   106.    Warrants—application made other than in person  
   107.    Search warrants—announcement before entry  
   108.    Details of search warrant to be given to occupier etc  
   109.    Occupier entitled to be present during search etc  
   110.    Moving things to another place for examination or processing under search  
   111.    Use of electronic equipment under search warrant  
   112.    Person with knowledge of computer systems to assist access etc under search  
   113.    Securing electronic equipment under search warrant  
   114.    Copies of things seized under search warrant to be provided  

           Division 6.4--Return and forfeiture of things seized

   115.    Receipt for things seized  
   116.    Access to things seized  
   117.    Return of things seized  
   118.    Application for order disallowing seizure  
   119.    Order for return of seized thing  
   120.    Adjournment pending hearing of other proceedings  
   121.    Forfeiture of seized things  
   122.    Return of forfeited things  
   123.    Cost of disposal of things forfeited  

           Division 6.5--Taking and analysis of samples

   124.    Inspector may buy samples without complying with div 6.5  
   125.    Occupier etc to be told sample to be analysed  
   126.    Payment for samples  
   127.    Samples from packaged substances  
   128.    Procedures for dividing samples  
   129.    Exceptions to s 128  
   130.    Certificates of analysis by authorised analysts  

           Division 6.6--Other enforcement provisions

   131.    Damage etc by inspectors to be minimised  
   132.    Compensation for exercise of function by inspector  

   PART 7--COMPLIANCE MEASURES

           Division 7.1--Interpretation for pt 7

   133.    Meaning of responsible person for pt 7  

           Division 7.2--Information and documents

   134.    Chief executive may require answers to questions and production of  
   135.    Compliance with notice to produce  
   136.    Failure to attend before chief executive or produce documents  
   137.    Attendance before chief executive—offences  
   138.    Privileges against selfincrimination and exposure to civil penalties  

           Division 7.3--Compliance agreements

   139.    Meaning of relevant responsible person for div 7.3  
   140.    Inspector may seek compliance agreement  
   141.    Term of compliance agreement  
   142.    Compliance agreement not admission of fault etc  
   143.    Notification and display of compliance agreements  
   144.    Compliance agreement not to be removed etc  

           Division 7.4--Improvement notices

   145.    Meaning of relevant responsible person for div 7.4  
   146.    Giving improvement notices  
   147.    Contents of improvement notices  
   148.    Scope of improvement notices  
   149.    Extension of time for compliance with improvement notices  
   150.    Notification and display of improvement notices  
   151.    Improvement notice not to be removed etc  
   152.    Revocation of improvement notice on compliance  
   153.    Contravention of improvement notices  

           Division 7.5--Prohibition notices

   154.    Definitions for div 7.5  
   155.    Giving prohibition notices  
   156.    Contents of prohibition notices  
   157.    Scope of prohibition notices  
   158.    Extension of time for inspection etc  
   159.    Notification and display of prohibition notices  
   160.    Prohibition notice not to be removed etc  
   161.    Ending of prohibition notices for contravention of Act etc  
   162.    Request for reinspection  
   163.    Revocation on reinspection  
   164.    Ending of prohibition notices given for inspection etc  
   165.    Contravention of prohibition notices  
   166.    Request for compensation for prohibition notice  
   167.    Compensation for prohibition notice  

           Division 7.6--Enforceable undertakings

   168.    Definitions for div 7.6  
   169.    Making of safety undertakings  
   170.    Acceptance of safety undertaking  
   171.    Withdrawal from or amendment of enforceable undertaking  
   172.    Term of enforceable undertaking  
   173.    Safety undertaking not admission of fault etc  
   174.    Contravention of enforceable undertakings  

           Division 7.7--Injunctions

   175.    Injunctions to restrain offences against Act  
   176.    Enforcement of injunctions  
   177.    Amendment or discharge of injunctions  
   178.    Interim injunctions—undertakings about damages  
   179.    Magistrates Court's other powers not limited  

   PART 8--REVIEW OF DECISIONS

           Division 8.1--Review authority

   180.    Establishment  
   181.    Constitution  
   182.    Disclosure of interest  

           Division 8.2--Reconsideration and review of decisions

   184.    Internally reviewable decisions, reviewable decisions and eligible  
   185.    Applications for internal review  
   186.    Internal review  
   187.    Review of decisions  
   188.    Parties to proceedings before review authority  
   189.    Representation before review authority  
   190.    Notice of proceeding  
   191.    Procedure of review authority  
   192.    Hearings to be in public except in special circumstances  
   193.    Reference of questions of law to Supreme Court  
   194.    Appeals from review authority to Supreme Court  

           Division 8.3--Miscellaneous

   195.    Powers of review authority  
   196.    Inspection and keeping of documents  
   197.    Application of Criminal Code, ch 7  
   200.    Protection of review authority etc  

   PART 9--ADMINISTRATION

   201.    Inspectors  
   202.    Identity cards  
   203.    Protection of officials from liability  
   203A.   Ministerial directions to chief executive  

   PART 10--MISCELLANEOUS

   204.    Notice of events  
   205.    Records of accidents etc  
   206.    Codes of practice  
   207.    Protected information  
   208.    Interfering with safety equipment  
   209.    Employer not to levy employees  
   210.    Employer not to discriminate  
   211.    Acts and omissions of representatives  
   212.    Notices of noncompliance by Territory entities  
   213.    Electronic service  
   214.    Publication by chief executive of convictions etc  
   215.    Court-directed publicity for offences  
   216.    Remedial orders by courts for offences  
   217.    Court may order costs and expenses  
   218.    Presumptions about substances  
   219.    Evidence of analysts  
   220.    Power of court to order further analysis  
   221.    Appointment of authorised analysts  
   222.    Contracting out prohibited  
   223.    Civil liability not affected  
   224.    Inconsistency with associated laws  
   225.    Determination of fees  
   226.    Approved forms  
   227.    Chief executive's annual report  
   227A.   Additional reports by chief executive  
   228.    Commissioner's half-yearly reports  
   229.    Regulation-making power  
           SCHEDULE 1
           DICTIONARY
           ENDNOTES