Commonwealth Numbered Acts

NATIONAL OCCUPATIONAL HEALTH AND SAFETY COMMISSION ACT 1985 No. 35, 1985 - SECT 3

3. In this Act, unless the contrary intention appears -

"adviser" means a person appointed under sub-section 40 (1) to advise a
Commissioner;

"aircraft" means a machine or apparatus that can derive support in the
atmosphere from the reactions of the air or from buoyancy, but does
not include an air-cushion vehicle;

"appoint" includes re-appoint;

"Australia", when used in a geographical sense, includes the external
Territories;

"Australian aircraft" means an aircraft that is in Australian control or is
registered in accordance with the Air Navigation Regulations as an
Australian aircraft;

"Australian vessel" means -

   (a)  a vessel that is in Australian control;

   (b)  a vessel that is registered under the Shipping Registration Act
1981; or

   (c)  a vessel that is not so registered but is permitted to be so
registered (other than a vessel that, under the law of another
country, is entitled to fly the flag of that country and is flying
that flag);

"award" includes a determination or other instrument making provision
with respect to terms and conditions of employment, being a
determination or instrument of a kind similar to an award;

"Chairperson" means the Chairperson of the Commission;

"Commission" means the National Occupational Health and Safety
Commission established by this Act;

"Commissioner" means a Commissioner appointed under sub-section
40 (1);

"disease" includes any physical or mental ailment, disorder, defect or
morbid condition whether of sudden onset or gradual development and
whether of genetic or other origin;

"Executive" means the Executive established by section 20;

"Fund" means the National Occupational Health and Safety Research
Fund established by section 58;

"in Australian control" means in the control or possession of one or more of
the following:

   (a)  the Commonwealth (including an arm of the Defence Force)
or a State or Territory;

   (b)  an authority of the Commonwealth;

   (c)  a corporation established for a purpose of a State or Territory
by or under a law in force in that State or Territory;

   (d)  any other corporation in which a State or Territory, or a
corporation referred to in paragraph (c), has a controlling
interest;

"injury" means any physical or mental injury;

"inquiry" means an inquiry conducted pursuant to a direction under
sub-section 39 (1);

"Institute" means the National Institute of Occupational Health and Safety
referred to in sub-section 29 (1);

"international instrument" includes a declaration, proclamation or
statement adopted or made (whether by the passing of a resolution, the
issuing of an instrument or otherwise) by an international
organization;

"member" means a member of the Commission, and includes the
Chairperson;

"member of the staff of the Commission" means -

   (a)  a member of the staff referred to in sub-section 53 (1);

   (b)  a person engaged as an employee or a consultant under section
55 ; or

   (c)  a person whose services are being made available to the
Commission in accordance with arrangements under
sub-section 54 (1), (2) or (3);

"Minister", in relation to the Northern Territory, means a person holding
Ministerial office under section 36 of the Northern Territory
(Self-Government) Act 1978;

"national standards and codes of practice" means national standards and
codes of practice declared under Part VI;

"nominating authority" means -

   (a)  in relation to a member referred to in paragraph 10

(1) (b) - the Australian Council of Trade Unions;

   (b)  in relation to a member referred to in paragraph 10

(1) (c) - the Confederation of Australian Industry;

   (c)  in relation to a member nominated by the Premier of a
State - the Premier for the time being of the State;

   (d)  in relation to the member referred to in paragraph 10

(1) (e) - the Minister;

   (e)  in relation to the member referred to in paragraph 10

(1) (f) - the Minister for Health; and

   (f)  in relation to the member referred to in paragraph 10

(1) (g) - the Minister for Territories;

"occupation" means a full-time or part-time occupation, and includes an
occupation as -

   (a)  an employee under -

        (i)    a contract of service or a contract of apprenticeship; or

        (ii)   a law of the Commonwealth or of a State or Territory;

   (b)  a person who performs work (including work of a professional
nature) under a contract for or in relation to the performance
of the work (whether with or without the supply of goods);

   (c)  a person who holds or performs the duties of an appointment,
office or position under the Constitution or under a law of the
Commonwealth, a State or a Territory;

   (d)  a person who is otherwise in the service of the Commonwealth,
a State or a Territory (including service as a member of the
Defence Force or as a member of a police force);

   (e)  a member of the Parliament of the Commonwealth or of a
State or of a prescribed legislative or advisory body of a
Territory;

   (f)  a self-employed person;

   (g)  a voluntary worker;

   (h)  a person who performs work for a business carried on by, or by
a member of, the family of the person;

   (j)  a director of an incorporated company;

   (k)  a student at a school, university or college; or

   (m)  a prisoner;

"occupational health and safety matters" means matters relating to
occupational health or occupational safety and, without limiting the
generality of the foregoing, includes matters relating to one or more of
the following:

   (a)  the physiological and psychological needs and well-being of
persons engaged in occupations;

   (b)  work-related death;

   (c)  work-related trauma;

   (d)  the prevention of work-related death or work-related trauma;

   (e)  the protection of persons from, or from risk of, work-related
death or work-related trauma;

   (f)  the rehabilitation and re-training of persons who have suffered
work-related trauma;

"Office" means the National Occupational Health and Safety Office
referred to in sub-section 29 (1);

"Parliament", in relation to the Northern Territory, means the Legislative
Assembly of the Northern Territory;

"part-time member" means a member other than the Chairperson;

"Premier", in relation to the Northern Territory, means the Chief Minister
of the Northern Territory;

"State" includes the Northern Territory;

"Territory" does not include the Northern Territory;

"vessel" means a vessel or boat of any description, and includes -

   (a)  an air-cushion vehicle; and

   (b)  any floating structure;

"work-related death" means death that is or may be related to -

   (a)  the occupation of the deceased person; or

   (b)  the occupational activities of another person;

"work-related trauma" means -

   (a)  the injury of a person (including the aggravation, acceleration
or recurrence of an injury of the person);

   (b)  the contraction, aggravation, acceleration, or recurrence of a
disease of a person;

   (c)  the loss or destruction of, or damage to, an artificial limb or
other artificial substitute, or a medical, surgical or other similar
aid or appliance used by a person; or

   (d)  the coming into existence, the aggravation, acceleration or
recurrence of any other condition, circumstance, occurrence,
activity, form of behaviour, course of conduct or state of affairs
in relation to a person that is or may be harmful or
disadvantageous to, or result in harm or disadvantage to, the
person or to the community,
that is or may be related to -

   (e)  the occupation of the person; or

   (f)  the occupational activities of another person;

"working party" means a working party constituted pursuant to section 26.