WORKPLACE HEALTH AND SAFETY AND OTHER LEGISLATION AMENDMENT BILL 2008

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WORKPLACE HEALTH AND SAFETY AND OTHER LEGISLATION AMENDMENT BILL 2008

Queensland Workplace Health and Safety and Other Legislation Amendment Bill 2008

Queensland Workplace Health and Safety and Other Legislation Amendment Bill 2008 Contents Page Part 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Part 2 Amendment of Workplace Health and Safety Act 1995 3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 4 Amendment of s 7 (Objective of Act) . . . . . . . . . . . . . . . . . . . . . . 7 5 Amendment of s 22 (Ensuring workplace health and safety) . . . . 7 6 Amendment of s 42C (Ministerial notices in urgent circumstances) ................................. 7 7 Amendment of s 42D (Meaning of workplace health and safety undertaking) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 8 Amendment of s 67 (Who is a workplace health and safety representative?) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 9 Amendment of s 81 (Entitlements of workplace health and safety representatives) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 10 Insertion of new pt 7, div 3, sdivs 4A and 4B . . . . . . . . . . . . . . . . 8 Subdivision 4A Provisional improvement notices 81A Who is a qualified workplace health and safety representative. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 81B Provisional improvement notices . . . . . . . . . . . . . . . . 9 81C Consultation required before issue of provisional improvement notice . . . . . . . . . . . . . . . . . . . . . . . . . . 9 81D Contents of provisional improvement notice. . . . . . . . 9 81E Provisional improvement notice may state measures to remedy contravention . . . . . . . . . . . . . . . . . . . . . . . 10 81F What person given provisional improvement notice must do . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 81G Compliance with provisional improvement notice. . . . 10

Workplace Health and Safety and Other Legislation Amendment Bill 2008 Contents 81H Request for inspector to enquire into giving of provisional improvement notice . . . . . . . . . . . . . . . . . 11 81I Attendance of inspector in relation to provisional improvement notice . . . . . . . . . . . . . . . . . . . . . . . . . . 11 81J Service of provisional improvement notice . . . . . . . . . 12 81K Formal irregularities or defects in provisional improvement notice . . . . . . . . . . . . . . . . . . . . . . . . . . 13 81L Qualified workplace health and safety representative may cancel provisional improvement notice at any time ................................. 13 81M Proceeding for offence not affected by provisional improvement notice . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Subdivision 4B Suspension or cancellation of workplace health and safety representative's entitlement to give provisional improvement notice 81N Application to suspend or cancel . . . . . . . . . . . . . . . . 14 81O Decision on application may be given on the papers or at a hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 81P Applications decided on the papers . . . . . . . . . . . . . . 14 81Q Applications decided at a hearing . . . . . . . . . . . . . . . 16 11 Amendment of s 85 (Ceasing to be a workplace health and safety representative) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 12 Amendment of s 90Q (Applications decided on the papers) . . . . 17 13 Amendment of s 97 (Employer and principal contractor to help workplace health and safety officer etc.) . . . . . . . . . . . . . . . . . . . 18 14 Amendment of s 104 (Entry to places) . . . . . . . . . . . . . . . . . . . . . 18 15 Insertion of new pt 9, div 3A hdg and new s 118A . . . . . . . . . . . . 18 Division 3A Orders to secure compliance with notices given by an inspector 118A Definition for div 3A . . . . . . . . . . . . . . . . . . . . . . . . . . 18 16 Amendment of s 119 (Order to secure compliance with notices). 19 17 Amendment of s 122 (Power to require production of certain documents) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 18 Amendment of s 147A (Definitions for pt 11) . . . . . . . . . . . . . . . . 19 19 Amendment of s 165 (Limitation on time for starting proceedings) .................................. 20 20 Amendment of s 166 (Responsibility for acts or omissions of representatives) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 21 Insertion of new s 168B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 168B Information during sentencing of impact of offence on person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Page 2

Workplace Health and Safety and Other Legislation Amendment Bill 2008 Contents 22 Insertion of new pt 12 div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Division 3 Proceedings against government bodies 170 Definitions for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 170A Government body may be prosecuted . . . . . . . . . . . . 22 170B Responsible entity for a proceeding against the State 22 170C Penalties in proceedings against government body . . 23 170D Notices may be given to a government body . . . . . . . 23 23 Amendment of s 176 (Impersonating inspectors and others). . . . 24 24 Amendment of s 183 (Protection from liability--officials) . . . . . . . 24 25 Amendment of s 185A (Powers of chief executive to require production of particular documents) . . . . . . . . . . . . . . . . . . . . . . . 24 26 Insertion of new pt 17 div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Division 5 Transitional provision for Workplace Health and Safety and Other Legislation Amendment Act 2008 195 Applications to Supreme Court . . . . . . . . . . . . . . . . . 24 27 Amendment of sch 1 (Prescribed activities) . . . . . . . . . . . . . . . . . 25 2 Prescribed activities--work to remove friable asbestos containing material . . . . . . . . . . . . . . . . . . . 25 28 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 25 Part 3 Amendment of Electrical Safety Act 2002 29 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 30 Amendment of s 3 (Act binds all persons) . . . . . . . . . . . . . . . . . . 26 31 Amendment of s 49 (Meaning of electrical safety undertaking) . . 26 32 Amendment of s 156 (Order to secure compliance with notices). 26 33 Amendment of s 187 (Limitation on time for starting proceedings) .................................. 27 34 Amendment of s 188 (Responsibility for act or omission of representative) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 35 Insertion of new s 189A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 189A Information during sentencing of impact of offence on person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 36 Insertion of new pt 13 div 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Division 2A Proceedings against government bodies 192A Definitions for div 2A. . . . . . . . . . . . . . . . . . . . . . . . . . 28 192B Government body may be prosecuted . . . . . . . . . . . . 29 192C Responsible entity for a proceeding against the State 29 192D Penalties in proceedings against government body . . 30 Page 3

Workplace Health and Safety and Other Legislation Amendment Bill 2008 Contents 192E Notices may be given to a government body . . . . . . . 30 37 Insertion of new pt 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Part 17 Transitional provision for Workplace Health and Safety and Other Legislation Amendment Act 2008 243 Applications to Supreme Court . . . . . . . . . . . . . . . . . 31 Part 4 Amendment of Workers' Compensation and Rehabilitation Act 2003 38 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 39 Amendment of s 128B (Entitlements of worker with terminal condition) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 40 Insertion of new ss 128D and 128E . . . . . . . . . . . . . . . . . . . . . . . 32 128D Worker's dependants . . . . . . . . . . . . . . . . . . . . . . . . . 32 128E To whom payments made for death of worker . . . . . . 33 41 Amendment of s 194 (Application and object of pt 11). . . . . . . . . 33 42 Insertion of new ch 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Chapter 24 Transitional and declaratory provisions for Workplace Health and Safety and Other Legislation Amendment Act 2008 657 Worker with terminal condition--application for compensation lodged on or after 28 October 2008 . . 34 658 Worker with terminal condition--application for compensation lodged before 28 October 2008 . . . . . 34 659 Amendment of regulation . . . . . . . . . . . . . . . . . . . . . . 35 Part 5 Amendment of Workers' Compensation and Rehabilitation Regulation 2003 43 Regulation amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 44 Amendment of s 85 (Application for compensation). . . . . . . . . . . 35 Page 4

2008 A Bill for An Act to amend the Workplace Health and Safety Act 1995, the Electrical Safety Act 2002, the Workers' Compensation and Rehabilitation Act 2003 and the Workers' Compensation and Rehabilitation Regulation 2003 for particular purposes

Workplace Health and Safety and Other Legislation Amendment Bill 2008 Part 1 Preliminary [s 1] The Parliament of Queensland enacts-- 1 Part 1 Preliminary 2 Clause 1 Short title 3 This Act may be cited as the Workplace Health and Safety and 4 Other Legislation Amendment Act 2008. 5 Clause 2 Commencement 6 (1) Part 4 is taken to have commenced on 28 October 2008. 7 (2) Part 2, other than the following provisions, commences on 1 8 January 2009-- 9 · sections 8 to 11 10 · section 15 11 · section 16(1) 12 · section 22 so far as it inserts section 170D(c) 13 · section 23 14 · section 28(2) so far as it inserts the definitions 15 provisional improvement notice and qualified workplace 16 health and safety representative. 17 (3) Part 3 commences on 1 January 2009. 18 (4) The following provisions commence on a day to be fixed by 19 proclamation-- 20 · sections 8 to 11 21 · section 15 22 · section 16(1) 23 · section 22 so far as it inserts section 170D(c) 24 · section 23 25 Page 6

Workplace Health and Safety and Other Legislation Amendment Bill 2008 Part 2 Amendment of Workplace Health and Safety Act 1995 [s 3] · section 28(2) so far as it inserts the definitions 1 provisional improvement notice and qualified workplace 2 health and safety representative. 3 Part 2 Amendment of Workplace 4 Health and Safety Act 1995 5 Clause 3 Act amended in pt 2 6 This part amends the Workplace Health and Safety Act 1995. 7 Clause 4 Amendment of s 7 (Objective of Act) 8 Section 7(1) and (2), `at a workplace'-- 9 omit, insert-- 10 `at a relevant place'. 11 Clause 5 Amendment of s 22 (Ensuring workplace health and 12 safety) 13 Section 22(a) and (b), `at a workplace'-- 14 omit, insert-- 15 `at a relevant place'. 16 Clause 6 Amendment of s 42C (Ministerial notices in urgent 17 circumstances) 18 Section 42C(1)(a)(i), `at a workplace'-- 19 omit, insert-- 20 `at a relevant place'. 21 Page 7

Workplace Health and Safety and Other Legislation Amendment Bill 2008 Part 2 Amendment of Workplace Health and Safety Act 1995 [s 7] Clause 7 Amendment of s 42D (Meaning of workplace health and 1 safety undertaking) 2 Section 42D-- 3 insert-- 4 `(2) The chief executive of a public sector unit may give a 5 workplace health and safety undertaking for the public sector 6 unit.'. 7 Clause 8 Amendment of s 67 (Who is a workplace health and 8 safety representative?) 9 Section 67(3)-- 10 insert-- 11 `Note-- 12 See section 81A for qualified workplace health and safety 13 representatives.' 14 Clause 9 Amendment of s 81 (Entitlements of workplace health 15 and safety representatives) 16 Section 81(1)-- 17 insert-- 18 `(p) for a qualified workplace health and safety 19 representative--to give a person in the representative's 20 area of representation a provisional improvement 21 notice.'. 22 Clause 10 Insertion of new pt 7, div 3, sdivs 4A and 4B 23 After section 81-- 24 insert-- 25 `Subdivision 4A Provisional improvement notices 26 Page 8

Workplace Health and Safety and Other Legislation Amendment Bill 2008 Part 2 Amendment of Workplace Health and Safety Act 1995 [s 10] `81A Who is a qualified workplace health and safety 1 representative 2 `For this subdivision, a qualified workplace health and safety 3 representative is a workplace health and safety representative 4 who has completed a training course approved by the chief 5 executive that includes training in the giving of provisional 6 improvement notices. 7 `81B Provisional improvement notices 8 `(1) This section applies if a qualified workplace health and safety 9 representative reasonably believes that a person within the 10 representative's area of representation-- 11 (a) is contravening a provision of this Act; or 12 (b) has contravened a provision in circumstances that make 13 it likely that the contravention will continue or be 14 repeated. 15 `(2) The qualified workplace health and safety representative may 16 give the person a written notice (a provisional improvement 17 notice) requiring the person to remedy the contravention or 18 likely contravention. 19 `81C Consultation required before issue of provisional 20 improvement notice 21 `Before giving a provisional improvement notice to a person, 22 a qualified workplace health and safety representative must 23 consult with the person about remedying the contravention or 24 likely contravention. 25 `81D Contents of provisional improvement notice 26 `A provisional improvement notice must state the following in 27 relation to a contravention of this Act-- 28 (a) that the qualified workplace health and safety 29 representative believes the person-- 30 (i) is contravening a provision of this Act; or 31 Page 9

Workplace Health and Safety and Other Legislation Amendment Bill 2008 Part 2 Amendment of Workplace Health and Safety Act 1995 [s 10] (ii) has contravened a provision in circumstances that 1 make it likely that the contravention will continue 2 or be repeated; 3 (b) the provision the representative believes is being, or has 4 been, contravened; 5 (c) how the provision is being, or has been, contravened; 6 (d) a day, at least 8 days after the day the notice is given, 7 before which the person is required to remedy the 8 contravention or likely contravention. 9 `81E Provisional improvement notice may state measures 10 to remedy contravention 11 `A provisional improvement notice may state measures to be 12 taken to remedy the contravention or likely contravention. 13 `81F What person given provisional improvement notice 14 must do 15 `A person given a provisional improvement notice must-- 16 (a) if the person is a worker--bring the notice to the 17 attention of the relevant person for the worker; or 18 (b) if the person is not a worker-- 19 (i) bring the notice to the attention of each other 20 person whose work is affected by the notice; and 21 (ii) if possible, display a copy of the notice, while it is 22 in force, in a conspicuous position in the part of the 23 workplace covered by the qualified workplace 24 health and safety representative's area of 25 representation. 26 Maximum penalty--20 penalty units. 27 `81G Compliance with provisional improvement notice 28 `A person given a provisional improvement notice must 29 comply with the notice, unless an inspector is asked to enquire 30 Page 10

Workplace Health and Safety and Other Legislation Amendment Bill 2008 Part 2 Amendment of Workplace Health and Safety Act 1995 [s 10] into the circumstances relating to the giving of the notice 1 under section 81H(1). 2 Maximum penalty--40 penalty units. 3 `81H Request for inspector to enquire into giving of 4 provisional improvement notice 5 `(1) Within 7 days after a provisional improvement notice is given 6 to a person-- 7 (a) the person given the notice; or 8 (b) if the person given the notice is a worker--the relevant 9 person for the worker; 10 may ask the chief executive to arrange for an inspector to 11 attend the workplace to enquire into the circumstances 12 relating to the giving of the notice. 13 `(2) The operation of the notice is suspended until the inspector 14 completes the inspector's enquiry. 15 `(3) A qualified workplace health and safety representative may 16 ask the chief executive to arrange for an inspector to attend the 17 workplace to enquire into the circumstances relating to the 18 giving of the notice if-- 19 (a) the person given the notice has not complied with the 20 notice within the time stated in the notice; and 21 (b) subsection (1) does not apply. 22 `81I Attendance of inspector in relation to provisional 23 improvement notice 24 `(1) As soon as practicable after the request is made, the chief 25 executive must arrange for an inspector to-- 26 (a) attend the workplace; and 27 (b) enquire into the circumstances relating to the giving of 28 the provisional improvement notice. 29 `(2) The inspector must-- 30 Page 11

Workplace Health and Safety and Other Legislation Amendment Bill 2008 Part 2 Amendment of Workplace Health and Safety Act 1995 [s 10] (a) enquire into the circumstances relating to the giving of 1 the provisional improvement notice; and 2 (b) by written notice given to the qualified workplace health 3 and safety representative who gave the notice and to the 4 person given the notice, do 1 of the following-- 5 (i) affirm the provisional improvement notice; 6 (ii) affirm the provisional improvement notice with 7 changes; 8 (iii) cancel the provisional improvement notice. 9 `(3) The notice given by the inspector must state-- 10 (a) the decision; and 11 (b) the reason for the decision; and 12 (c) that the person may apply within 14 days for the 13 decision to be reviewed; and 14 (d) how the person may apply for the review. 15 `(4) A person given a provisional improvement notice that is 16 affirmed by an inspector must comply with the notice within 17 the time stated by the inspector in the notice given by the 18 inspector. 19 Maximum penalty for subsection (4)--40 penalty units. 20 `81J Service of provisional improvement notice 21 `(1) A provisional improvement notice may be given to a person 22 by leaving it for the person at the workplace to which the 23 notice relates with a person who is apparently-- 24 (a) at least 16 years old; and 25 (b) is, or appears to be, the person in control of the 26 workplace or the work to which the contravention 27 relates. 28 `(2) Subsection (1) does not limit the Acts Interpretation Act 1954, 29 section 39. 30 Page 12

Workplace Health and Safety and Other Legislation Amendment Bill 2008 Part 2 Amendment of Workplace Health and Safety Act 1995 [s 10] `81K Formal irregularities or defects in provisional 1 improvement notice 2 `A provisional improvement notice is not invalid merely 3 because of-- 4 (a) a formal defect or irregularity in the notice, unless the 5 defect or irregularity is misleading or causes or is likely 6 to cause substantial injustice; or 7 (b) a failure to use the correct name of the person to which 8 the notice is given, if the notice sufficiently identifies the 9 person and is given to the person in accordance with 10 section 81J or the Acts Interpretation Act 1954, section 11 39. 12 `81L Qualified workplace health and safety representative 13 may cancel provisional improvement notice at any 14 time 15 `A qualified workplace health and safety representative may at 16 any time cancel a provisional improvement notice given to a 17 person by written notice given to the person. 18 `81M Proceeding for offence not affected by provisional 19 improvement notice 20 `The giving, variation or cancellation of a provisional 21 improvement notice does not affect a proceeding for an 22 offence against this Act for a matter in relation to which the 23 notice was given. 24 `Subdivision 4B Suspension or cancellation of 25 workplace health and safety 26 representative's entitlement to give 27 provisional improvement notice 28 Page 13

Workplace Health and Safety and Other Legislation Amendment Bill 2008 Part 2 Amendment of Workplace Health and Safety Act 1995 [s 10] `81N Application to suspend or cancel 1 `(1) This section applies if the chief executive or the relevant 2 person in a qualified workplace health and safety 3 representative's area of representation reasonably believes 4 that the representative has unreasonably given a provisional 5 improvement notice to a person. 6 `(2) The chief executive or the relevant person may apply to the 7 industrial commission to suspend or cancel the 8 representative's entitlement to give a provisional improvement 9 notice. 10 `81O Decision on application may be given on the papers 11 or at a hearing 12 `The industrial commission may decide whether or not to take 13 action on an application under section 81N entirely or partly 14 from a consideration of the documents filed. 15 `81P Applications decided on the papers 16 `(1) This section applies if the industrial commission decides to 17 decide the application after a consideration of the documents 18 filed and without a hearing. 19 `(2) The industrial commission must give the applicant and the 20 representative a written notice stating-- 21 (a) the industrial commission is considering whether to 22 suspend or cancel the qualified workplace health and 23 safety representative's entitlement to give a provisional 24 improvement notice (the proposed action); and 25 (b) the reason for the proposed action; and 26 (c) if the proposed action is suspension of the 27 entitlement--the proposed suspension period; and 28 (d) an invitation-- 29 (i) to the representative to show in writing, within a 30 stated time of at least 14 days after the date of the 31 Page 14

Workplace Health and Safety and Other Legislation Amendment Bill 2008 Part 2 Amendment of Workplace Health and Safety Act 1995 [s 10] notice, why the proposed action should not be 1 taken; and 2 (ii) to the applicant to comment in writing, within a 3 stated time of at least 14 days after the date of the 4 notice, on the appropriateness of the proposed 5 action. 6 `(3) The industrial commission may take action under subsection 7 (4) if, after considering all documents filed in the application 8 and all written submissions made within the time allowed 9 under subsection (2)(d), the industrial commission-- 10 (a) is satisfied, on the balance of probabilities, that the 11 representative has unreasonably given a provisional 12 improvement notice to a person; and 13 (b) considers the representative's entitlement to give a 14 provisional improvement notice should be suspended or 15 cancelled. 16 `(4) The industrial commission may-- 17 (a) if the proposed action is to suspend the 18 entitlement--suspend the entitlement for no longer than 19 the proposed suspension period; or 20 (b) if the proposed action is to cancel the 21 entitlement--cancel the entitlement or suspend it for a 22 period. 23 `(5) The industrial commission must give the applicant and the 24 representative a written notice stating-- 25 (a) the decision; and 26 (b) the reasons for the decision; and 27 (c) that the applicant or the authorised representative may 28 appeal against the decision under part 11. 29 `(6) In this section-- 30 applicant means-- 31 (a) if the application under section 81N is made by the chief 32 executive--the chief executive; or 33 Page 15

Workplace Health and Safety and Other Legislation Amendment Bill 2008 Part 2 Amendment of Workplace Health and Safety Act 1995 [s 10] (b) if the application under section 81N is made by a 1 relevant person--the relevant person and the chief 2 executive. 3 `81Q Applications decided at a hearing 4 `(1) This section applies if the industrial commission decides to 5 decide the application at a hearing. 6 `(2) The industrial commission must give the applicant and the 7 representative at least 14 days notice of the hearing date. 8 `(3) To the extent practicable, the hearing is to be conducted under 9 the rules applying to hearings of the industrial commission 10 under the Industrial Relations Act 1999 with necessary 11 changes or, if the rules make no provision or insufficient 12 provision, in accordance with directions of the industrial 13 commission. 14 `(4) The industrial commission may take action under subsection 15 (5) if, after considering the evidence and submissions in 16 relation to the application, the industrial commission-- 17 (a) is satisfied, on the balance of probabilities, that the 18 representative has unreasonably given a provisional 19 improvement notice to a person; and 20 (b) considers the representative's entitlement to give a 21 provisional improvement notice should be suspended or 22 cancelled. 23 `(5) The industrial commission may-- 24 (a) suspend the entitlement for a stated period; or 25 (b) cancel the entitlement. 26 `(6) The industrial commission must give the applicant and the 27 representative a written notice stating-- 28 (a) the decision; and 29 (b) the reasons for the decision; and 30 (c) that the applicant or the representative may appeal 31 against the decision under part 11. 32 Page 16

Workplace Health and Safety and Other Legislation Amendment Bill 2008 Part 2 Amendment of Workplace Health and Safety Act 1995 [s 11] `(7) In this section-- 1 applicant means-- 2 (a) if the application under section 81N is made by the chief 3 executive--the chief executive; or 4 (b) if the application under section 81N is made by the 5 relevant person--the relevant person and the chief 6 executive.'. 7 Clause 11 Amendment of s 85 (Ceasing to be a workplace health 8 and safety representative) 9 (1) Section 85, heading-- 10 omit, insert-- 11 `85 Ceasing to be a workplace health and safety 12 representative or a qualified workplace health and safety 13 representative'. 14 (2) Section 85-- 15 insert-- 16 `(2) A worker stops being a qualified workplace health and safety 17 representative if the worker stops being a workplace health 18 and safety representative.'. 19 Clause 12 Amendment of s 90Q (Applications decided on the 20 papers) 21 Section 90Q(2)(a)-- 22 omit, insert-- 23 `(a) the industrial commission is considering whether to 24 suspend or cancel the authorised representative's 25 appointment or to amend the conditions of the 26 appointment (the proposed action); and' 27 Page 17

Workplace Health and Safety and Other Legislation Amendment Bill 2008 Part 2 Amendment of Workplace Health and Safety Act 1995 [s 13] Clause 13 Amendment of s 97 (Employer and principal contractor to 1 help workplace health and safety officer etc.) 2 Section 97(1)(a), `at a workplace'-- 3 omit, insert-- 4 `at a relevant place'. 5 Clause 14 Amendment of s 104 (Entry to places) 6 Section 104(1)(f)-- 7 omit, insert-- 8 `(f) a prescribed activity, or work to remove bonded asbestos 9 containing material, is being performed at the place by a 10 person who holds a certificate to perform the activity or 11 work; or'. 12 Clause 15 Insertion of new pt 9, div 3A hdg and new s 118A 13 After section 118-- 14 insert-- 15 `Division 3A Orders to secure compliance with 16 notices given by an inspector 17 `118A Definition for div 3A 18 `In this division-- 19 notice means any of the following-- 20 (a) a notice given by an inspector in relation to a provisional 21 improvement notice; 22 (b) an improvement notice; 23 (c) a prohibition notice.'. 24 Page 18

Workplace Health and Safety and Other Legislation Amendment Bill 2008 Part 2 Amendment of Workplace Health and Safety Act 1995 [s 16] Clause 16 Amendment of s 119 (Order to secure compliance with 1 notices) 2 (1) Section 119(1), `an improvement or prohibition notice'-- 3 omit, insert-- 4 `a notice'. 5 (2) Section 119(2), from `make' to `Court'-- 6 omit, insert-- 7 `apply to an industrial magistrate'. 8 (3) Section 119(3), `court'-- 9 omit, insert-- 10 `magistrate'. 11 (4) Section 119(3), `it'-- 12 omit, insert-- 13 `the magistrate'. 14 Clause 17 Amendment of s 122 (Power to require production of 15 certain documents) 16 (1) Section 122(1)(b), `at a workplace'-- 17 omit, insert-- 18 `at a relevant place'. 19 (2) Section 122(8)-- 20 omit. 21 Clause 18 Amendment of s 147A (Definitions for pt 11) 22 Section 147A, definition original decision, paragraph (d)-- 23 insert-- 24 `(ia) an order or decision of the industrial commission 25 under section 81P or 81Q; or'. 26 Page 19

Workplace Health and Safety and Other Legislation Amendment Bill 2008 Part 2 Amendment of Workplace Health and Safety Act 1995 [s 19] Clause 19 Amendment of s 165 (Limitation on time for starting 1 proceedings) 2 Section 165-- 3 insert-- 4 `(c) if the offence involves a breach of an obligation causing 5 death and the death is investigated by a coroner under 6 the Coroners Act 2003--within 2 years after the coroner 7 makes a finding in relation to the death.'. 8 Clause 20 Amendment of s 166 (Responsibility for acts or 9 omissions of representatives) 10 Section 166(1), definition representative-- 11 insert-- 12 `(c) of a public sector unit--an officer or employee of the 13 public sector unit.'. 14 Clause 21 Insertion of new s 168B 15 After section 168A-- 16 insert-- 17 `168B Information during sentencing of impact of offence on 18 person 19 `(1) If a court convicts a person (defendant) of an offence against 20 this Act, the prosecutor should, at the sentencing of the 21 defendant, tell the sentencing court the appropriate details of 22 the harm caused to a victim by the defendant's failure to 23 comply with this Act. 24 `(2) In deciding what details are not appropriate, the prosecutor 25 may have regard to the victim's wishes. 26 `(3) However-- 27 (a) it is not mandatory for a victim to give the prosecutor 28 details of the harm caused to the victim by the 29 defendant's failure to comply with this Act; and 30 Page 20

Workplace Health and Safety and Other Legislation Amendment Bill 2008 Part 2 Amendment of Workplace Health and Safety Act 1995 [s 22] (b) the fact that details of the harm caused to a victim by the 1 defendant's failure to comply with this Act are absent at 2 the sentencing does not of itself give rise to an inference 3 that the defendant's failure caused little or no harm to 4 the victim. 5 `(4) A prosecutor should ensure the sentencing court has regard to 6 the Penalties and Sentences Act 1992, section (9)(2)(c), if it 7 would help the victim to have the benefit of the principle 8 mentioned in subsection (1). 9 `(5) In this section-- 10 harm means death, grievous bodily harm or bodily harm. 11 victim means a person who has suffered harm because-- 12 (a) a defendant has committed an offence against this Act; 13 or 14 (b) the person is a member of the immediate family of, or is 15 a dependant of, a victim mentioned in paragraph (a).'. 16 Clause 22 Insertion of new pt 12 div 3 17 After section 169-- 18 insert-- 19 `Division 3 Proceedings against government 20 bodies 21 `170 Definitions for div 3 22 `In this division-- 23 government body means the State, another State or the 24 Commonwealth. 25 responsible entity see section 170B(1). 26 successor in law, of a public sector unit, means-- 27 (a) if the functions of the public sector unit (the former 28 unit) are substantially performed by another public 29 sector unit (the current unit)--the current unit; or 30 Page 21

Workplace Health and Safety and Other Legislation Amendment Bill 2008 Part 2 Amendment of Workplace Health and Safety Act 1995 [s 22] (b) if the functions of the former unit are performed by 2 or 1 more public sector units--the unit that has the function 2 of the former unit most closely connected with the act or 3 omission that is alleged to constitute the offence. 4 `170A Government body may be prosecuted 5 `(1) A government body may be prosecuted for an offence against 6 this Act. 7 `(2) For a prosecution against the State for an offence against this 8 Act, the proceeding must be taken against the responsible 9 entity. 10 `170B Responsible entity for a proceeding against the State 11 `(1) For a proceeding mentioned in section 170A(2), the 12 responsible entity is-- 13 (a) the public sector unit whose act or omission is alleged to 14 constitute the offence; or 15 (b) if the public sector unit has ceased to exist--the 16 successor in law of the public sector unit; or 17 (c) if the public sector unit has ceased to exist and there is 18 no clear successor in law--the entity declared by the 19 court to be the responsible entity. 20 `(2) For a proceeding mentioned in subsection (1)-- 21 (a) the proceeding is to be taken against the responsible 22 entity as if it were a separate legal entity, if it is not 23 otherwise a separate legal entity; and 24 (b) the responsible entity is to be stated in the charge for the 25 offence; and 26 (c) subject to any rules of court, the responsible entity has 27 the procedural rights and obligations of the State as the 28 defendant in the proceeding. 29 Page 22

Workplace Health and Safety and Other Legislation Amendment Bill 2008 Part 2 Amendment of Workplace Health and Safety Act 1995 [s 22] `(3) The prosecutor may, during the proceeding and with the 1 court's leave, substitute for the responsible entity stated in the 2 charge its successor in law. 3 `(4) The chief executive of the responsible entity, or a person 4 authorised by the chief executive, may act on behalf of the 5 responsible entity for the purposes of the proceeding. 6 `(5) A document may be served on a responsible entity for the 7 purposes of the proceeding-- 8 (a) by delivering it to the chief executive of the entity or to a 9 person authorised by the chief executive at a place of 10 business of the responsible entity; or 11 (b) by leaving it at, or sending it by post, telex, facsimile or 12 similar facility to, the usual business address of the 13 responsible entity. 14 `(6) This section applies in relation to the State despite the Crown 15 Proceedings Act 1980. 16 `170C Penalties in proceedings against government body 17 `(1) The penalty that may be imposed on a government body if it is 18 convicted of an offence against this Act is the penalty 19 applicable to a body corporate. 20 `(2) A government body may be served with an infringement 21 notice under the State Penalties Enforcement Act 1999 in 22 relation to an offence against this Act. 23 `170D Notices may be given to a government body 24 `The following notices may be given to a government body-- 25 (a) a prohibition notice; 26 (b) an improvement notice; 27 (c) a provisional improvement notice.'. 28 Page 23

Workplace Health and Safety and Other Legislation Amendment Bill 2008 Part 2 Amendment of Workplace Health and Safety Act 1995 [s 23] Clause 23 Amendment of s 176 (Impersonating inspectors and 1 others) 2 Section 176-- 3 insert-- 4 `(f) a qualified workplace health and safety representative.'. 5 Clause 24 Amendment of s 183 (Protection from liability--officials) 6 Section 183(2)-- 7 insert-- 8 `Examples of an act done-- 9 giving information or advice' 10 Clause 25 Amendment of s 185A (Powers of chief executive to 11 require production of particular documents) 12 Section 185A(1)(b), `at a workplace'-- 13 omit, insert-- 14 `at a relevant place'. 15 Clause 26 Insertion of new pt 17 div 5 16 After section 194-- 17 insert-- 18 `Division 5 Transitional provision for Workplace 19 Health and Safety and Other 20 Legislation Amendment Act 2008 21 `195 Applications to Supreme Court 22 `Section 119, as in force immediately before the 23 commencement of this section, continues to apply after the 24 commencement to an application to the Supreme Court made 25 before the commencement as if the Workplace Health and 26 Page 24

Workplace Health and Safety and Other Legislation Amendment Bill 2008 Part 2 Amendment of Workplace Health and Safety Act 1995 [s 27] Safety and Other Legislation Amendment Act 2008, section 1 16(2) to (4) had not been enacted.'. 2 Clause 27 Amendment of sch 1 (Prescribed activities) 3 Schedule 1, section 2-- 4 omit, insert-- 5 `2 Prescribed activities--work to remove friable 6 asbestos containing material 7 `Work to remove friable asbestos containing material is a 8 prescribed activity.'. 9 Clause 28 Amendment of sch 3 (Dictionary) 10 (1) Schedule 3, definitions asbestos removal work, relevant place 11 and unbonded asbestos containing material-- 12 omit. 13 (2) Schedule 3-- 14 insert-- 15 `provisional improvement notice see section 81B(2). 16 qualified workplace health and safety representative see 17 section 81A. 18 relevant person see section 28(1). 19 relevant place, in part 1, division 3 and part 3, division 2, 20 means-- 21 (a) for plant, other than specified high risk plant, or 22 substances--a workplace; or 23 (b) for specified high risk plant--any place, whether or not 24 a workplace.'. 25 (3) Schedule 3, definition friable asbestos containing material, 26 `unbonded'-- 27 omit. 28 Page 25

Workplace Health and Safety and Other Legislation Amendment Bill 2008 Part 3 Amendment of Electrical Safety Act 2002 [s 29] (4) Schedule 3, definitions work caused illness and work injury, 1 `at a workplace'-- 2 omit, insert-- 3 `at a relevant place'. 4 Part 3 Amendment of Electrical Safety 5 Act 2002 6 Clause 29 Act amended in pt 3 7 This part amends the Electrical Safety Act 2002. 8 Clause 30 Amendment of s 3 (Act binds all persons) 9 Section 3(2)-- 10 omit. 11 Clause 31 Amendment of s 49 (Meaning of electrical safety 12 undertaking) 13 Section 49-- 14 insert-- 15 `(2) The chief executive of a public sector unit may give an 16 electrical safety undertaking for the public sector unit.'. 17 Clause 32 Amendment of s 156 (Order to secure compliance with 18 notices) 19 (1) Section 156(2), from `make' to `Court'-- 20 omit, insert-- 21 `apply to an industrial magistrate'. 22 (2) Section 156(3), `court'-- 23 Page 26

Workplace Health and Safety and Other Legislation Amendment Bill 2008 Part 3 Amendment of Electrical Safety Act 2002 [s 33] omit, insert-- 1 `magistrate'. 2 (3) Section 156(3), `it'-- 3 omit, insert-- 4 `the magistrate'. 5 Clause 33 Amendment of s 187 (Limitation on time for starting 6 proceedings) 7 Section 187-- 8 insert-- 9 `(c) if the offence involves a breach of an obligation causing death 10 and the death is investigated by a coroner under the Coroners 11 Act 2003--within 2 years after the coroner makes a finding in 12 relation to the death.'. 13 Clause 34 Amendment of s 188 (Responsibility for act or omission 14 of representative) 15 Section 188(4), definition representative-- 16 insert-- 17 `(c) of a public sector unit--an officer or employee of the 18 public sector unit.'. 19 Clause 35 Insertion of new s 189A 20 After section 189-- 21 insert-- 22 `189A Information during sentencing of impact of offence 23 on person 24 `(1) If a court convicts a person (defendant) of an offence against 25 this Act, the prosecutor should, at the sentencing of the 26 defendant, tell the sentencing court the appropriate details of 27 the harm caused to a victim by the defendant's failure to 28 comply with this Act. 29 Page 27

Workplace Health and Safety and Other Legislation Amendment Bill 2008 Part 3 Amendment of Electrical Safety Act 2002 [s 36] `(2) In deciding what details are not appropriate, the prosecutor 1 may have regard to the victim's wishes. 2 `(3) However-- 3 (a) it is not mandatory for a victim to give the prosecutor 4 details of the harm caused to the victim by the 5 defendant's failure to comply with this Act; and 6 (b) the fact that details of the harm caused to a victim by the 7 defendant's failure to comply with this Act are absent at 8 the sentencing does not of itself give rise to an inference 9 that the defendant's failure caused little or no harm to 10 the victim. 11 `(4) A prosecutor should ensure the sentencing court has regard to 12 the Penalties and Sentences Act 1992, section (9)(2)(c), if it 13 would help the victim to have the benefit of the principle 14 mentioned in subsection (1). 15 `(5) In this section-- 16 harm means death, grievous bodily harm or bodily harm. 17 victim means a person who has suffered harm because-- 18 (a) a defendant has committed an offence against this Act; 19 or 20 (b) the person is a member of the immediate family of, or is 21 a dependant of, a victim mentioned in paragraph (a).'. 22 Clause 36 Insertion of new pt 13 div 2A 23 After section 192-- 24 insert-- 25 `Division 2A Proceedings against government 26 bodies 27 `192A Definitions for div 2A 28 `In this division-- 29 Page 28

Workplace Health and Safety and Other Legislation Amendment Bill 2008 Part 3 Amendment of Electrical Safety Act 2002 [s 36] government body means the State, another State or the 1 Commonwealth. 2 responsible entity see section 192C(1). 3 successor in law, of a public sector unit, means-- 4 (a) if the functions of the public sector unit (the former 5 unit) are substantially performed by another public 6 sector unit (the current unit)--the current unit; or 7 (b) if the functions of the former unit are performed by 2 or 8 more public sector units--the unit that has the function 9 of the former unit most closely connected with the act or 10 omission that is alleged to constitute the offence. 11 `192B Government body may be prosecuted 12 `(1) A government body may be prosecuted for an offence against 13 this Act. 14 `(2) For a prosecution against the State for an offence against this 15 Act, the proceeding must be taken against the responsible 16 entity. 17 `192C Responsible entity for a proceeding against the State 18 `(1) For a proceeding mentioned in section 192B(2), the 19 responsible entity is-- 20 (a) the public sector unit whose act or omission is alleged to 21 constitute the offence; or 22 (b) if the public sector unit has ceased to exist--the 23 successor in law of the public sector unit; or 24 (c) if the public sector unit has ceased to exist and there is 25 no clear successor in law--the entity declared by the 26 court to be the responsible entity. 27 `(2) For a proceeding mentioned in subsection (1)-- 28 (a) the proceeding is to be taken against the responsible 29 entity as if it were a separate legal entity, if it is not 30 otherwise a separate legal entity; and 31 Page 29

Workplace Health and Safety and Other Legislation Amendment Bill 2008 Part 3 Amendment of Electrical Safety Act 2002 [s 36] (b) the responsible entity is to be stated in the charge for the 1 offence; and 2 (c) subject to any rules of court, the responsible entity has 3 the procedural rights and obligations of the State as the 4 defendant in the proceeding. 5 `(3) The prosecutor may, during the proceeding and with the 6 court's leave, substitute for the responsible entity stated in the 7 charge its successor in law. 8 `(4) The chief executive of the responsible entity, or a person 9 authorised by the chief executive, may act on behalf of the 10 responsible entity for the purposes of the proceeding. 11 `(5) A document may be served on a responsible entity for the 12 purposes of the proceeding-- 13 (a) by delivering it to the chief executive of the entity or to a 14 person authorised by the chief executive at a place of 15 business of the responsible entity; or 16 (b) by leaving it at, or sending it by post, telex, facsimile or 17 similar facility to, the usual business address of the 18 responsible entity. 19 `(6) This section applies despite the Crown Proceedings Act 1980. 20 `192D Penalties in proceedings against government body 21 `(1) The penalty that may be imposed on a government body if it is 22 convicted of an offence against this Act is the penalty 23 applicable to a body corporate. 24 `(2) A government body may be served with an infringement 25 notice under the State Penalties Enforcement Act 1999 in 26 relation to an offence against this Act. 27 `192E Notices may be given to a government body 28 `The following notices may be given to a government body-- 29 (a) an improvement notice; 30 Page 30

Workplace Health and Safety and Other Legislation Amendment Bill 2008 Part 4 Amendment of Workers' Compensation and Rehabilitation Act 2003 [s 37] (b) an electrical safety protection notice; 1 (c) an unsafe equipment notice.'. 2 Clause 37 Insertion of new pt 17 3 After section 242-- 4 insert-- 5 `Part 17 Transitional provision for 6 Workplace Health and Safety 7 and Other Legislation 8 Amendment Act 2008 9 `243 Applications to Supreme Court 10 `Section 156, as in force immediately before the 11 commencement of this section, continues to apply after the 12 commencement to an application to the Supreme Court made 13 before the commencement as if the Workplace Health and 14 Safety and Other Legislation Amendment Act 2008, section 32 15 had not been enacted.'. 16 Part 4 Amendment of Workers' 17 Compensation and 18 Rehabilitation Act 2003 19 Clause 38 Act amended in pt 4 20 This part amends the Workers' Compensation and 21 Rehabilitation Act 2003. 22 Page 31

Workplace Health and Safety and Other Legislation Amendment Bill 2008 Part 4 Amendment of Workers' Compensation and Rehabilitation Act 2003 [s 39] Clause 39 Amendment of s 128B (Entitlements of worker with 1 terminal condition) 2 Section 128B(2)(b)-- 3 omit, insert-- 4 `(b) additional lump sum compensation for care of 10% of 5 the amount payable under paragraph (a);'. 6 Clause 40 Insertion of new ss 128D and 128E 7 Chapter 3, part 3, division 5, after section 128C-- 8 insert-- 9 `128D Worker's dependants 10 `(1) This section applies if the worker has dependants. 11 `(2) The worker's dependants are entitled to lump sum 12 compensation equal to the sum of the following amounts-- 13 (a) 15% of the amount payable under section 200(2)(a); 14 (b) 2% of the amount payable under section 200(2)(a) for 15 the reasonable expenses of the worker's funeral. 16 `(3) An insurer may pay the compensation under this section-- 17 (a) to the worker; or 18 (b) to the worker's dependants at the same time as the 19 insurer pays the worker lump sum compensation under 20 section 128B. 21 `(4) The worker's dependants are not entitled to further 22 compensation under chapter 3, part 11 for the death of the 23 worker. 24 `(5) In this section-- 25 dependant, of a worker, means a member of the worker's 26 family who is completely or partly dependent on the worker's 27 earnings. 28 member of the family, of a worker, means-- 29 (a) the worker's-- 30 Page 32

Workplace Health and Safety and Other Legislation Amendment Bill 2008 Part 4 Amendment of Workers' Compensation and Rehabilitation Act 2003 [s 41] (i) spouse; or 1 (ii) parent, grandparent and step-parent; or 2 (iii) child, grandchild and stepchild; or 3 (iv) brother, sister, half-brother and half-sister; or 4 (b) if the worker stands in the place of a parent to another 5 person--the other person; or 6 (c) if another person stands in the place of a parent to the 7 worker--the other person. 8 `128E To whom payments made for death of worker 9 `(1) This section applies if-- 10 (a) the worker dies because of the latent onset injury; and 11 (b) the worker had received a payment of lump sum 12 compensation under section 128B for the latent onset 13 injury; and 14 (c) if the worker left dependants--an insurer had not paid 15 the worker or the worker's dependants the lump sum 16 compensation under section 128D to which the worker's 17 dependants were entitled. 18 `(2) The compensation under section 128D for the worker's 19 dependants is payable-- 20 (a) to the worker's legal personal representative; or 21 (b) if there is no legal personal representative--to the 22 worker's dependants. 23 `(3) The worker's legal personal representative must pay or apply 24 the compensation to or for the benefit of the worker's 25 dependants.'. 26 Clause 41 Amendment of s 194 (Application and object of pt 11) 27 Section 194(2)(b)-- 28 omit, insert-- 29 Page 33

Workplace Health and Safety and Other Legislation Amendment Bill 2008 Part 4 Amendment of Workers' Compensation and Rehabilitation Act 2003 [s 42] `(b) the worker had received a payment of lump sum 1 compensation or damages for the latent onset injury 2 under this Act, another Act or a law of another State or 3 the Commonwealth.'. 4 Clause 42 Insertion of new ch 24 5 Before schedule 1-- 6 insert-- 7 `Chapter 24 Transitional and declaratory 8 provisions for Workplace 9 Health and Safety and Other 10 Legislation Amendment Act 11 2008 12 `657 Worker with terminal condition--application for 13 compensation lodged on or after 28 October 2008 14 `The provisions of chapter 3, part 3, division 5 and part 11, as 15 amended by the Workplace Health and Safety and Other 16 Legislation Amendment Act 2008, only apply if a worker's 17 application for compensation for a latent onset injury that is a 18 terminal condition is lodged on or after 28 October 2008. 19 `658 Worker with terminal condition--application for 20 compensation lodged before 28 October 2008 21 `(1) This section applies if-- 22 (a) a worker lodged an application for compensation for a 23 latent onset injury that is a terminal condition before 28 24 October 2008; and 25 (b) the worker had received a payment of lump sum 26 compensation under section 128B for the latent onset 27 injury; and 28 Page 34

Workplace Health and Safety and Other Legislation Amendment Bill 2008 Part 5 Amendment of Workers' Compensation and Rehabilitation Regulation 2003 [s 43] (c) the worker dies because of the latent onset injury on or 1 after 28 October 2008. 2 `(2) The worker's dependants are entitled to compensation under 3 chapter 3, part 3, division 5 as if the worker's application for 4 compensation had been lodged on or after 28 October 2008. 5 `659 Amendment of regulation 6 `The amendment of the Workers' Compensation and 7 Rehabilitation Regulation 2003 by the Workplace Health and 8 Safety and Other Legislation Amendment Act 2008 does not 9 affect the power of the Governor in Council to further amend 10 the regulation or to repeal it.'. 11 Part 5 Amendment of Workers' 12 Compensation and 13 Rehabilitation Regulation 2003 14 Clause 43 Regulation amended in pt 5 15 This part amends the Workers' Compensation and 16 Rehabilitation Regulation 2003. 17 Clause 44 Amendment of s 85 (Application for compensation) 18 Section 85-- 19 insert-- 20 `(2) Also, if the injury is a latent onset injury that is a terminal 21 condition and the worker has dependants, a claim for 22 compensation in relation to the dependency must be supported 23 by proof of the relationship to the worker of persons claiming 24 to be the worker's dependants. 25 `(3) In this section-- 26 Page 35

Workplace Health and Safety and Other Legislation Amendment Bill 2008 Part 5 Amendment of Workers' Compensation and Rehabilitation Regulation 2003 [s 44] dependant, of a worker, means a member of the worker's 1 family who is completely or partly dependent on the worker's 2 earnings. 3 member of the family, of a worker, means-- 4 (a) the worker's-- 5 (i) spouse; or 6 (ii) parent, grandparent and step-parent; or 7 (iii) child, grandchild and stepchild; or 8 (iv) brother, sister, half-brother and half-sister; or 9 (b) if the worker stands in the place of a parent to another 10 person--the other person; or 11 (c) if another person stands in the place of a parent to the 12 worker--the other person.'. 13 © State of Queensland 2008 Page 36

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