WORK HEALTH AND SAFETY ACT 2011 - SECT 4 Definitions
WORK HEALTH AND SAFETY ACT 2011 - SECT 4
Definitions"approved code of practice" means a code of practice approved under Part 14.
"ASIS" means the Australian Secret Intelligence Service.
"Australia" , when used in its geographical sense, includes the external Territories.
"Australian Border Force" has the same meaning as in the Australian Border Force Act 2015 .
"Australian Border Force Commissioner" has the same meaning as in the Australian Border Force Act 2015 .
"Australian Border Force worker" means the following persons:
(a) a person who is covered by paragraph (a) of the definition of Immigration and Border Protection worker in subsection 4(1) of the Australian Border Force Act 2015 and who is in the Australian Border Force or whose services are made available to the Australian Border Force;
(b) a person who is covered by paragraph (b), (c), (d), (e) or (f) of that definition and whose services are made available to, or who is performing services for, the Australian Border Force.
"authorised" , in Part 4--see section 40.
"authorised person" , for a body corporate, in Division 4 of Part 13--see section 244.
"authorised person" , for the Commonwealth, in Division 5 of Part 13--see section 245.
"authorising authority" means the Fair Work Commission.
"board of directors" , of a body corporate, in Division 4 of Part 13--see section 244.
"category 1 monetary penalty" --see clause 1 of Schedule 4.
"category 2 monetary penalty" --see clause 1 of Schedule 4.
"category 3 monetary penalty" --see clause 1 of Schedule 4.
"Category 1 offence" --see section 31.
"Category 2 offence" --see section 32.
"Category 3 offence" --see section 33.
"Comcare" means the body corporate established under section 68 of the Safety, Rehabilitation and Compensation Act 1988 .
"Commonwealth" includes any person or body, other than a public authority, that is a non - corporate Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013 ).
"compliance powers" means the functions and powers conferred on an inspector under this Act.
"condition" includes limitation and restriction.
"construct" includes assemble, erect, reconstruct, reassemble and re - erect.
"corresponding regulator" means a regulator under a corresponding WHS law.
"corresponding WHS law" means each of the following:
(a) the Work Health and Safety Act 2011 of New South Wales;
(b) the Occupational Health and Safety Act 2004 of Victoria;
(c) the Work Health and Safety Act 2011 of Queensland;
(d) the Work Health and Safety Act 2020 of Western Australia;
(e) the Work Health and Safety Act 2012 of South Australia;
(f) the Work Health and Safety Act 2012 of Tasmania;
(g) the Work Health and Safety Act 2011 of the Australian Capital Territory;
(h) the Work Health and Safety (National Uniform Legislation) Act 2011 (NT);
(i) any other law of a State or Territory prescribed by the regulations.
(a) the Federal Court of Australia; and
(b) the Federal Circuit and Family Court of Australia (Division 2); and
(c) the Supreme Court of a State or of the Australian Capital Territory or the Northern Territory; and
(d) a court of a State or Territory prescribed by the regulations for the purposes of section 273A.
"dangerous incident" , in 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" , in Part 6--see section 105.
"emergency services worker" means:
(a) a member of 1 of the following:
(i) a police force or service;
(iv) a coast guard service, rescue service or emergency service;
(v) any other organisation prescribed by the regulations for the purposes of this subparagraph; or
(b) a member of the Defence Force who is engaged in civil emergency or disaster relief operations; or
(c) a person who is an emergency services worker under a corresponding WHS law.
"employee record" , in relation to an employee, has the same meaning as it has in the Privacy Act 1988 .
"employer organisation" means an organisation of employers.
"engage in conduct" means doing an act or omitting to do an act.
"executive" , of an agency of the Commonwealth, in Division 5 of Part 13--see section 245.
"Fair Work Act" means the Fair Work Act 2009 .
"Fair Work Commission" means the body continued in existence under section 575 of the Fair Work Act 2009 .
"fault element" , in relation to an offence, has the same meaning as in the Criminal Code .
"handling" includes transport.
"health" means physical and psychological health.
"health and safety duty" --see section 30.
"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.
"Immigration and Border Protection Secretary" means the Secretary of the Department administered by the Minister administering the Australian Border Force Act 2015 .
"import" means to bring into the jurisdiction from outside Australia.
"inspector" means an inspector appointed under Part 9.
(b) a person appointed by the regulator under section 225.
"legal practitioner" means a person who is admitted to the legal profession by a federal court or a Supreme Court of a State or Territory.
"local authority" means a local authority under a corresponding WHS law.
"medical treatment" means treatment by a medical practitioner registered or licensed under a State or Territory law that provides for the registration or licensing of medical practitioners.
"modifications" include additions, omissions and substitutions.
"non-Commonwealth licensee" means a body corporate that was a non - Commonwealth licensee for the purposes of the Occupational Health and Safety Act 1991 immediately before the commencement of this Act.
"notifiable incident" --see section 35.
"officer" , of an entity, means:
(a) if the entity is the Commonwealth--an officer of the Commonwealth within the meaning of section 247; or
(b) if the entity is a public authority--an officer of the public authority within the meaning of section 252; or
(c) in Division 5 of Part 13, if the entity is an agency of the Commonwealth--an officer of the agency within the meaning of section 245; or
(d) if paragraphs (a), (b) and (c) of this definition do not apply--an officer of the entity within the meaning of section 9 of the Corporations Act 2001 other than, if the entity is a partnership, a partner in the partnership;
but does not include, if the entity is a local authority, an elected member of the local authority acting in that capacity.
"official of a union" , in Part 7--see section 116.
(b) a Member of the House of Representatives; or
(c) a Minister of State who is not a Senator or Member of the House of Representatives; or
(d) a person who is taken to be the President of the Senate under the Parliamentary Presiding Officers Act 1965 and who is not a Senator or Member of the House of Representatives; or
(e) a person who is taken to be the Speaker of the House of Representatives under the Parliamentary Presiding Officers Act 1965 and who is not a Senator or Member of the House of Representatives; or
(f) any other person to whom remuneration is payable under section 49 of the Parliamentary Business Resources Act 2017 .
"personal information" has the same meaning as it has in the Privacy Act 1988 .
"person conducting a business or undertaking" --see section 5.
"physical element" , in relation to an offence, has the same meaning as in the Criminal Code .
(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" , in Part 6--see section 106.
(a) a body corporate established for a public purpose by or under a law of the Commonwealth or a law of a Territory (other than the Australian Capital Territory or the Northern Territory), but does not include a body corporate prescribed by the regulations to be a body corporate to which this Act does not apply; and
(b) a Commonwealth company within the meaning of the Public Governance, Performance and Accountability Act 2013 , other than a Commonwealth company prescribed by the regulations to be a Commonwealth company to which this Act does not apply; and
(c) a body corporate prescribed by the regulations to be a public authority for the purposes of this Act.
"reasonably practicable" , in relation to a duty to ensure health and safety--see section 18.
"relevant person" conducting a business or undertaking, in Part 7--see section 116.
"relevant State or Territory industrial law" , in Part 7--see section 116.
"relevant union" , in Part 7--see section 116.
"relevant worker" , in 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" , in Part 3--see section 36.
"State" includes the Australian Capital Territory and the Northern 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
"substance" means any natural or artificial substance, whether in the form of a solid, liquid, gas or vapour.
"supply" --see section 6.
"this Act" includes the regulations.
"tier A monetary penalty" --see clause 2 of Schedule 4.
"tier B monetary penalty" --see clause 2 of Schedule 4.
"tier C monetary penalty" --see clause 2 of Schedule 4.
"tier D monetary penalty" --see clause 2 of Schedule 4.
"tier E monetary penalty" --see clause 2 of Schedule 4.
"tier F monetary penalty" --see clause 2 of Schedule 4.
"tier G monetary penalty" --see clause 2 of Schedule 4.
"tier H monetary penalty" --see clause 2 of Schedule 4.
"tier I monetary penalty" --see clause 2 of Schedule 4.
(a) an employee organisation that is registered, or taken to be registered, under the Fair Work (Registered Organisations) Act 2009 of the Commonwealth; 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.
"volunteer" means a person who is acting on a voluntary basis (irrespective of whether the person receives out - of - pocket expenses).
"WHS civil penalty provision tier 1" --see clause 3 of Schedule 4.
"WHS civil penalty provision tier 2" --see clause 3 of Schedule 4.
"WHS civil penalty provision tier 3" --see clause 3 of Schedule 4.
"WHS civil penalty provision tier 4" --see clause 3 of Schedule 4.
"WHS entry permit" means a WHS entry permit issued under Part 7 or the equivalent Part of a corresponding WHS law.
"WHS entry permit holder" means a person who holds a WHS entry permit.
"WHS undertaking" means an undertaking given under section 216(1).
"worker" --see section 7.
"work group" means a work group determined under Part 5.
"workplace" --see section 8.