SAFETY IN RECREATIONAL WATER ACTIVITIES ACT 2011 - As at 28 March 2024 - Act 19 of 2011
- As at 28 March 2024
- Act 19 of 2011
Table of Provisions
PART 1 - PRELIMINARY
PART 2 - HEALTH AND SAFETY DUTIES
Division 1 - Introductory
- 10 Principles that apply to a duty
- 11 Duty not transferable
- 12 Person may have more than 1 duty
- 13 More than 1 person can have a duty
- 14 Management of risks
- 15 What is reasonably practicable in ensuring health and safety
Division 2 - Duties
- 16 Primary duty of care
- 17 Duty of officers
- 18 Duties of workers
- 19 Duties of other persons at a place where recreational water activities are provided
Division 3 - Offences and penalties
- 20 Health and safety duty for recreational water activities
- 21 Reckless conduct—category 1
- 22 Failure to comply with health and safety duty for recreational water activities—category 2
- 23 Failure to comply with health and safety duty for recreational water activities—category 3
- 24 Duty prevails over particular excuses
- 25 Exceptions
PART 2A - INDUSTRIAL MANSLAUGHTER
- 25A Definitions for part
- 25B Exceptions
- 25C Industrial manslaughter—person conducting business or undertaking
- 25D Industrial manslaughter—senior officer
PART 3 - INCIDENT NOTIFICATION
- 26 What is a notifiable incident
- 27 What is a serious injury or illness
- 28 What is a dangerous incident
- 29 Duty to notify of notifiable incidents
- 30 Duty to preserve incident sites
PART 4 - ENFORCEMENT
- 31 General provision for applied WHS provision
- 32 The regulator
- 33 Inspectors and enforcement measures
- 34 Enforceable undertakings
- 35 Review of decisions
- 36 Legal proceedings
- 37 Civil liability not affected by this Act
PART 5 - GENERAL
Division 1 - General provisions
- 38 Offence to give false or misleading information
- 39 Act does not affect legal professional privilege
- 40 Immunity from liability
- 41 Confidentiality of information
- 42 No contracting out
- 42A Insurance or other indemnity against penalties
- 42B Officer may be taken to have committed offence against s 42A
Division 2 - Codes of practice
- 43 Approved codes of practice
- 44 Use of codes of practice in proceedings
Division 3 - Regulation-making powers
- 45 Regulation-making powers
PART 6 - TRANSITIONAL PROVISIONS FOR ACT NO. 19 OF 2011
PART 7 - TRANSITIONAL PROVISION FOR WORK HEALTH AND SAFETY AND OTHER LEGISLATION AMENDMENT ACT 2024