WORK HEALTH AND SAFETY ACT 2011 (NO. 137, 2011) - SECT 274 Approved codes of practice
WORK HEALTH AND SAFETY ACT 2011 (NO. 137, 2011) - SECT 274
Approved codes of practice(1) The Minister may approve a code of practice for the purposes of this Act and may vary or revoke an approved code of practice.
(2) The Minister may only approve, vary or revoke a code of practice under subsection (1) if that code of practice, variation or revocation was developed by a process that involved consultation between:
(a) the Governments of the Commonwealth and each State and Territory; and
(b) unions; and
(3) A code of practice may apply, adopt or incorporate any matter contained in a document formulated, issued or published by a person or body whether:
(a) with or without modification; or
(b) as in force at a particular time or from time to time.
Note: Subsection (4) is included in some jurisdictions to deal with publication and commencement of an approved code of practice. Under this Act, an approved code of practice is a legislative instrument (see section 273B(1)) and so will be registered on the Federal Register of Legislative Instruments and commence in accordance with section 12 of the Legislative Instruments Act 2003 .
(5) As soon as practicable after approving a code of practice, or varying or revoking an approved code of practice, the Minister must ensure that notice of the approval, variation or revocation is published in a newspaper circulating generally throughout the Commonwealth.
(6) The regulator must ensure that a copy of:
(a) each code of practice that is currently approved; and
(b) each document applied, adopted or incorporated (to any extent) by an approved code of practice;
is available for inspection by members of the public without charge at the office of the regulator during normal business hours.