WORKPLACE HEALTH AND SAFETY ACT 1995 Reprinted as in force on 26 October 2009 Reprint No. 9A > TABLE OF PROVISIONS Contents Part 1--Preliminary Division 1--Introduction 1. Short title Division 2--Application and operation of Act 3. Application of Act 3A. Relationship with Electrical Safety Act 2002 3B. Relationship with other Acts relating to design or manufacture of operating plant 4. Act binds all persons Division 3--Objective of Act 7. Objective of Act Division 4--Interpretation Subdivision 1--Dictionary 8. Definitions—the dictionary Subdivision 2--Other important terms 9. What is a workplace 10. Who is an employer 11. Who is a worker 12. Who is a self-employed person 12A. Who is the client for construction work 12B. Who is the project manager for construction work 13. Who is the principal contractor for construction work 14. What is construction work 15. When is plant or a substance not used properly Subdivision 3--Persons in control of relevant workplace areas and fixtures, fittings and plant in relevant workplace areas 15A. Meaning of relevant workplace area 15B. Meaning of person in control of relevant workplace area 15C. Meaning of person in control of fixtures, fittings or plant Part 2--Basic concepts 18. What is consultation 22. Ensuring workplace health and safety Part 3--Workplace health and safety obligations Division 1--Preliminary 23. Obligations for workplace health and safety 24. Discharge of obligations 25. Person may owe obligations in more than 1 capacity 26. How obligations can be discharged if regulation etc. made 27. How obligations can be discharged if no regulation etc. made 27A. Managing exposure to risks Division 2--Obligations of particular persons 28. Obligations of persons conducting business or undertaking 29. What obligations under s 28 include 30. Obligations of persons in control of workplaces 30A. Obligations of clients 30B. Obligations of designers of structures 30C. Obligations of project managers 31. Obligations of principal contractors 32. Obligations of designers of plant 32A. Obligations of manufacturers of plant 32B. Obligations of suppliers of plant 33. Obligations of erectors and installers of plant 34. Obligations of manufacturers of substances for use at workplace 34A. Obligations of suppliers of substances for use at workplace 34C. Obligation of person in control of relevant workplace area 34D. Obligation of person in control of fixtures, fittings or plant included in relevant workplace area 35. Obligations of owners of plant Division 3--Obligations of workers and other persons 36. Obligations of workers and other persons at a workplace Division 4--Defences 37. Defences for div 2 or 3 Part 4--Regulations, codes of practice and ministerial notices Division 1--Regulations 38. Regulations 39. Regulations relating to occupational certificates under repealed Acts Division 2--Codes of practice 41. Code of practice about managing exposure to risks 42. Use of code of practice in proceedings Division 3--Ministerial notices 42C. Ministerial notices in urgent circumstances Part 5--Enforceable undertakings 42D. Meaning of workplace health and safety undertaking 42DA. Giving workplace health and safety undertaking 42E. Acceptance and publication of workplace health and safety undertaking 42F. Proceeding for alleged contravention 42G. Compliance with undertaking 42H. Withdrawal or variation of undertaking 42I. Contravention of workplace health and safety undertaking Part 6--Industry consultative arrangements Division 1--Purposes of part 43. Purposes of part Division 2--The board and its functions 44. Workplace health and safety board 45. Functions of board 45A. Annual report Division 3--Membership and conduct of board proceedings 46. Membership of board 47. Times of board meetings 48. Conduct of proceedings 49. Disclosure of interests 50. Minutes Division 4--Provisions about appointed board members 52. Duration of appointment 53. Leave of absence 54. Conditions of appointment Division 5--Industry sector standing committees 55. Industry sector standing committees 56. Functions of industry sector standing committees Division 6--Membership and conduct of industry sector standing committee proceedings 57. Membership of industry sector standing committee 58. Times of industry sector standing committee meetings 59. Conduct of industry sector standing committee proceedings 60. Disclosure of interests 61. Minutes Division 7--Provisions about industry sector standing committee members 62. Duration of appointment 63. Leave of absence 64. Conditions of appointment Division 8--Licensing Review Committee 64A. Establishment of licensing review committee 64B. Functions of licensing review committee Division 9--Provisions about membership of licensing review committee 64C. Membership of licensing review committee 64D. Duration of appointment to licensing review committee 64E. Leave of absence 64F. Conditions of appointment Division 10--Conduct of licensing review committee's proceedings generally 64G. Times of board committee meetings 64H. Conduct of proceedings 64I. Disclosure of interests 64J. Minutes 64K. Annual report Division 11--Provisions about disciplinary action by licensing review committee Subdivision 1--Grounds for disciplinary action 64L. Grounds for disciplinary action Subdivision 2--Types of disciplinary action 64M. Purpose of sdiv 2 64N. Holders of occupational licences 64O. Previous holders of occupational licences 64P. Holders of corresponding occupational licences 64Q. Previous holders of corresponding occupational licences 64R. Penalties Subdivision 3--Procedures for taking disciplinary action 64S. Application of sdiv 3 64T. Preliminary notice 64U. Consideration before disciplinary hearing 64V. Disciplinary hearing notice 64W. Disciplinary hearing 64X. Disciplinary hearing requirements 64Y. Evidence and findings in other proceedings may be received or adopted 64Z. Licensing review committee to keep record of disciplinary hearing 64ZA. Decision about taking disciplinary action Part 7--Workplace consultative arrangements Division 1--Purposes of part 65. Purposes of part Division 2--Definitions for part 66. Definitions for part Division 3--Workplace health and safety representatives Subdivision 1--Preliminary 67. Who is a workplace health and safety representative? 68. How many workplace health and safety representatives can a workplace have? 69. Workplace health and safety representative's area of representation 70. Negotiation between workers and employer about workplace health and safety representatives Subdivision 2--Election process 71. Electing a workplace health and safety representative 72. Workers to tell employer of intention to elect workplace health and safety representative 73. Employer to facilitate election of workplace health and safety representative if asked 74. Workers may ask union to conduct election of workplace health and safety representative 75. Employers to be told of elected workplace health and safety representatives Subdivision 3--Employer's responsibilities 76. Employer must negotiate with workers if asked 77. Employer to help workplace health and safety representatives 78. Employer to tell workplace health and safety representatives about certain things 79. Employer to display identity of workplace health and safety representatives 80. Employer to tell new workers and display notices about workplace health and safety representatives' provisions Subdivision 4--Entitlements and areas of responsibility 81. Entitlements of workplace health and safety representatives Subdivision 4A--Provisional improvement notices 81A. Who is a qualified workplace health and safety representative 81B. Provisional improvement notices 81C. Consultation required before issue of provisional improvement notice 81D. Contents of provisional improvement notice 81E. Provisional improvement notice may state measures to remedy contravention 81F. What person given provisional improvement notice must do 81G. Compliance with provisional improvement notice 81H. Request for inspector to enquire into giving of provisional improvement notice 81I. Attendance of inspector in relation to provisional improvement notice 81J. Service of provisional improvement notice 81K. Formal irregularities or defects in provisional improvement notice 81L. Qualified workplace health and safety representative may cancel provisional improvement notice at any time 81M. Proceeding for offence not affected by provisional improvement notice Subdivision 4B--Suspension or cancellation of workplace health and safety representative's entitlement to give provisional improvement notice 81N. Application to suspend or cancel 81O. Decision on application may be given on the papers or at a hearing 81P. Applications decided on the papers 81Q. Applications decided at a hearing Subdivision 5--General 82. Election of a workplace health and safety representative not to diminish employer's obligations 83. Workplace health and safety representatives may be re-elected 84. Term as workplace health and safety representative 85. Ceasing to be a workplace health and safety representative or a qualified workplace health and safety representative Division 4--Workplace health and safety committees 86. Workplace health and safety committees 87. Membership of committee 88. Times of meetings 89. Proceedings at meetings 90. Functions of workplace health and safety committees Part 7A--Authorised representatives Division 1--Purpose 90A. Purpose of part Division 2--Definitions 90B. Definitions for part Division 3--Appointment of authorised representatives 90C. Application for appointment as authorised representative 90D. Appointment of authorised representative 90E. Limitation of authorised representative's powers 90F. Authorised representative's appointment conditions 90G. Employee organisation must give notice 90H. Authorised representative's identity card Division 4--Authorised representatives' powers 90I. Powers if a suspected contravention of the Act involves workplace health and safety 90J. Powers for discussing workplace health and safety 90K. Notice of entry or exercise of particular power 90L. Production of authorised representative's identity card 90M. When powers may not be exercised 90N. Conduct of authorised representative Division 5--Suspension, cancellation, or amendment of conditions, of appointment Subdivision 1--Preliminary 90O. Application to suspend or cancel appointment, or amendment of conditions of appointment 90P. Decision on application may be given on the papers or at a hearing Subdivision 2--Decisions on the papers 90Q. Applications decided on the papers Subdivision 3--Decisions at hearings 90R. Applications decided at a hearing Division 6--Disputes under this part 90S. Definition for div 6 90T. Notice of dispute 90U. Action on dispute 90V. Compulsory conference 90W. Enforcing commission's orders 90X. Remedies on show cause notice 90Y. Disobeying penalty orders Part 8--Workplace health and safety officers Division 1--Purpose of part 91. Purpose of part Division 2--Definition for part 92. Meaning of qualified person Division 3--Appointment of workplace health and safety officers 93. Appointment of workplace health and safety officer by employer 94. Appointment of workplace health and safety officer by principal contractor Division 4--Identity of workplace health and safety officer to be displayed 95. Employer and principal contractor to display identity of workplace health and safety officer Division 5--Functions of workplace health and safety officers 96. Functions of workplace health and safety officers 96A. Assessment function Division 6--Employer's and principal contractor's responsibilities 97. Employer and principal contractor to help workplace health and safety officer etc. Division 7--Appointment of workplace health and safety officer not to diminish employer's obligations 98. Appointment of workplace health and safety officer not to diminish employer's obligations Part 9--Inspectors Division 1--Appointment 99. Appointment 100. Limitation of inspector's powers 101. Inspector's appointment conditions 102. Inspector's identity card 103. Production or display of inspector's identity card Division 2--Inspectors' general powers 103A. Inspectors may give advice to persons with workplace health and safety obligation 104. Entry to places 105. Consent to entry 106. Warrants to enter 107. Warrants—applications made other than in person 108. General powers after entering places 109. Power to seize evidence etc. 110. Inspector's power to seize dangerous places and things 111. Powers supporting seizure 112. Receipt for seized things 113. Forfeiture of seized things 114. Return of seized things 115. Access to seized things Division 3--Improvement and prohibition notices 117. Improvement notice 118. Prohibition notice Division 3A--Orders to secure compliance with notices given by an inspector 118A. Definition for div 3A 119. Order to secure compliance with notices Division 4--Other investigative powers 120. Power to require name and address 121. Power to inquire into workplace incident 122. Power to require production of certain documents Division 5--Other enforcement matters 123. Destruction of workplace, relevant workplace area, plant or substance that is a serious risk to health or safety 124. Analysis of samples 125. Compensation 126. Forfeiture on conviction 127. Dealing with forfeited things 128. Inspector to give notice of damage Part 10--Boards of inquiry Division 1--General 129. Minister may establish or re-establish boards of inquiry 130. Role of board of inquiry 131. Conditions of appointment 132. Chief executive to arrange for services of staff and financial matters for board of inquiry 133. Inspector may exercise powers for board's inquiry Division 2--Conduct of inquiry 134. Procedure 135. Notice of inquiry 136. Inquiry to be held in public except in special circumstances 137. Protection of members, legal representatives and witnesses 138. Record of proceedings to be kept 139. Procedural fairness and representation 140. Board's powers on inquiry 141. Notice to witness 142. Inspection of documents or things 143. Inquiry may continue despite court proceedings unless otherwise ordered 144. Offences by witnesses 145. Contempt of board 146. Report of offences 147. Change of membership of board Part 11--Appeals Division 1--Interpretation 147A. Definitions for pt 11 Division 2--Review of decisions 148. Application for review 149. Procedure for review 150. Review of decision 151. Stay of operation of original decisions Division 3--Appeals to industrial commission 151A. Who may appeal 151B. How to start appeal 151C. Stay of operation of decisions 151D. Hearing procedures 151E. Powers of commission on appeal Division 3A--Appeals to full bench 151F. Definition for div 3A 151G. Who may appeal 151H. How to start appeal 151I. Stay of operation of decisions 151J. Hearing procedures 151K. Powers of full bench on appeal Division 4--Appeals to Industrial Court 152. Who may appeal 153. How to start appeal 154. Stay of operation of decisions 155. Hearing procedures 156. Assessors 157. Powers of court on appeal Part 12--Legal proceedings Division 1--Evidence 158. Application of division 159. Proof of appointments and authority unnecessary 160. Proof of signatures unnecessary 161. Evidentiary aids 162. Expert reports 163. Analyst's certificate or report Division 2--Proceedings 164. Proceedings for offences 165. Limitation on time for starting proceedings 166. Responsibility for acts or omissions of representatives 167. Executive officers must ensure corporation complies with Act 168. Representation at hearing 168A. Costs of investigation 168B. Information during sentencing of impact of offence on person 169. Recovery of fees Division 3--Proceedings against government bodies 170. Definitions for div 3 170A. Government body may be prosecuted 170B. Responsible entity for a proceeding against the State 170C. Penalties in proceedings against government body 170D. Notices may be given to a government body Part 13--Offences 171. False or misleading statements 172. False, misleading or incomplete documents 173. Obstructing inspectors 173A. Obstructing authorised representatives 174. Discrimination or victimisation 175. Employers and principal contractor not to encourage refusal to answer questions 176. Impersonating inspectors and others Part 14--General Division 1--Accredited providers 177. Appointment 178. Functions of accredited providers 179. Accredited provider's appointment conditions 180. Accredited provider's identity card 181. Production or display of accredited provider's identity card 182. Suspension or cancellation of accredited provider's appointment Division 1A--Report about occupational health and safety performance 182A. Application for report Division 1B--Workplace health and safety contributions 182B. Purpose of div 1B 182C. Definition for div 1B 182D. Workplace health and safety contribution to be paid 182E. Workplace health and safety contribution notice 182F. Working out workplace health and safety contribution amounts 182G. Confidentiality of information obtained from Commissioner of State Revenue Division 2--Miscellaneous 183. Protection from liability—officials 184. Protection from liability—others 184A. Appointment of principal contractors 185. Powers of chief executive to make requirements about unsafe plant or substances 185A. Powers of chief executive to require production of particular documents 185B. Chief executive may require information from employers 185C. Confidentiality of particular information 185D. Giving information to corresponding entity 186. Exemption of person or thing from Act Part 15--Administration 187. Delegations Part 17--Transitional provisions Division 1--Transitional provisions for Act No. 25 of 1995 189. Workplace Health and Safety Act 1989 references Division 2--Transitional provisions for Workers' Compensation and Rehabilitation and Other Acts Amendment Act 2004 190. Existing advisory standards 191. Existing codes of practice Division 3--Transitional provision for Workers' Compensation and Rehabilitation and Other Acts Amendment Act 2005 192. Prosecution for offence against s 24 Division 4--Transitional provisions for Workers' Compensation and Rehabilitation and Other Acts Amendment Act 2007 193. Existing reviews of relevant licensing decisions 194. Grounds for disciplinary action Division 5--Transitional provision for Workplace Health and Safety and Other Legislation Amendment Act 2008 195. Applications to Supreme Court Division 6--Transitional provision for Electrical Safety and Other Legislation Amendment Act 2009 196. Effect of regulation amendment SCHEDULE 1 -- PRESCRIBED ACTIVITIES 1. Prescribed activities—demolition work 2. Prescribed activities—work to remove friable asbestos containing material SCHEDULE 2 -- SPECIFIED HIGH RISK PLANT 1. Meaning of specified high risk plant 2. Definitions for schedule SCHEDULE 3 -- DICTIONARY Endnotes - LONG TITLE An Act about workplace health and safety, and for related purposes 1 Short title This Act may be cited as the Workplace Health and Safety Act 1995. 3 Application of Act (1) This Act does not apply to-- (a) a coal mine to which the Coal Mining Safety and Health Act 1999 applies; or (b) a mine to which the Mining and Quarrying Safety and Health Act 1999 applies; or (c) operating plant, within the meaning of the Petroleum and Gas (Production and Safety) Act 2004, on land the subject of-- (i) a 1923 Act petroleum tenure under the Petroleum Act 1923; or (ii) a petroleum authority under the Petroleum and Gas (Production and Safety) Act 2004; or (iii) a GHG authority under the Greenhouse Gas Storage Act 2009; or (d) a facility or plant used for geothermal exploration, within the meaning of the Geothermal Exploration Act 2004, section 132A(1), if the facility or plant is used for drilling or drilling related purposes. (2) This Act does not limit the application of the following Acts-- • Explosives Act 1999 • Public Safety Preservation Act 1986 • Radiation Safety Act 1999 • Transport Operations (Marine Safety) Act 1994 • Transport Operations (Road Use Management) Act 1995. (3) However, a person on whom an obligation is imposed under part 3 must discharge the obligation by meeting the standard of workplace health and safety required under this Act even though another Act, other than an Act mentioned in subsection (1), may prescribe a lesser standard to discharge the obligation. 3A Relationship with Electrical Safety Act 2002 (1) This section applies if-- (a) this Act, in the absence of this section, would have application in particular circumstances; and (b) the Electrical Safety Act 2002 also has application in the circumstances. (2) This Act does not have application in the circumstances to the extent that the Electrical Safety Act 2002 has application. (3) Without limiting subsection (2), to the extent that this Act would impose on a person a workplace health and safety obligation that is concurrent with an electrical safety obligation imposed on the person under the Electrical Safety Act 2002, the workplace health and safety obligation does not apply to the person. Example for subsection (3)-- Section 28 of this Act imposes an obligation on a person who conducts a business or undertaking to ensure that each person who performs a work activity for the purposes of the business or undertaking is not exposed to risks to their health and safety arising out of the conduct of the business or undertaking. Under the Electrical Safety Act 2002, an obligation is imposed on an employer to ensure the employer's business or undertaking is conducted in a way that is electrically safe. Accordingly, the obligation under this Act of a person who conducts a business or undertaking does not include an obligation to ensure the person's business or undertaking is conducted in a way that is electrically safe. 3B Relationship with other Acts relating to design or manufacture of operating plant (1) This section applies if-- (a) this Act, in the absence of this section, would have application to a matter, relating to the design or construction of proposed operating plant, that impacts on the integrity or safe use of the plant; and (b) a relevant Act also has application to the matter. (2) This Act does not have application to the matter to the extent that the relevant Act has application to the matter. (3) In this section-- operating plant, for application of a relevant Act to a matter, means-- (a) for the Petroleum and Gas (Production and Safety) Act 2004-- operating plant within the meaning of that Act; or (b) for the Geothermal Exploration Act 2004--a facility or plant used for geothermal exploration, within the meaning of section 132A(1) of that Act. relevant Act means-- (a) the Geothermal Exploration Act 2004; or (b) the Petroleum and Gas (Production and Safety) Act 2004. 4 Act binds all persons This Act binds all persons, including the State and, so far as the legislative power of the Parliament permits, the Commonwealth and the other States. 7 Objective of Act (1) The objective of this Act is to prevent a person's death, injury or illness being caused by a workplace, by a relevant workplace area, by work activities, or by plant or substances for use at a relevant place. Example of an illness caused by a workplace-- asthma caused by inhaling spray paint mist from a neighbouring workplace Example of an illness caused by a work activity-- carbon monoxide poisoning caused by a liquefied petroleum gas operated forklift being used in a coldroom Example of an illness caused by plant-- legionnaire's disease caused by inhaling legionella bacteria from the contaminated cooling tower of an airconditioning unit (2) The objective is achieved by preventing or minimising a person's exposure to the risk of death, injury or illness caused by a workplace, by a relevant workplace area, by work activities, or by plant or substances for use at a relevant place. (3) This Act establishes a framework for preventing or minimising exposure to risk by-- (a) imposing workplace health and safety obligations on certain persons who may affect the health and safety of others by their acts or omissions; and (b) establishing benchmarks for industry through the making of regulations and codes of practice; and (c) establishing a workplace health and safety board-- (i) to allow industry to participate in developing strategies for improving workplace health and safety; and (ii) to promote community awareness about workplace health and safety; and (d) providing for the development of accredited training programs for delivery and assessment of competence by-- (i) accredited providers; and (ii) registered training organisations as defined under the Vocational Education, Training and Employment Act 2000, section 14; and (e) providing for the election of workplace health and safety representatives, and the establishment of workplace health and safety committees, to foster cooperation between employers, principal contractors, and workers; and (f) providing for the appointment of-- (i) workplace health and safety officers to assist employers and principal contractors to manage workplace health and safety; and (ii) accredited providers to assist industry in managing particular risks; and (iii) inspectors to monitor and enforce compliance with this Act; and (iv) authorised representatives to help workers with workplace health and safety issues; and (g) providing for the collection of a workplace health and safety contribution and for the collection of statistical data for the purposes of workplace health and safety regulation and related education and prevention services. (4) The achievement of this Act's objective will help-- (a) reduce the human cost to individuals, families and the community caused by these deaths, injuries and illnesses; and (b) reduce the financial burden on individuals, families and the community caused by these deaths, injuries and illnesses; and (c) reduce the burden on the workers' compensation scheme caused by these deaths, injuries and illnesses, which in turn reduces costs imposed on industry; and (d) maintain the community standard for workplace health and safety, which is eroded when persons gain an unfair competitive advantage by not implementing appropriate standards. 8 Definitions--the dictionary The dictionary in schedule 3 defines particular words used in this Act. 9 What is a workplace A workplace is any place where work is, or is to be, performed by-- (a) a worker; or (b) a person conducting a business or undertaking. Examples-- 1 a vessel used for teaching members of the public to scuba dive 2 a vehicle supplied by an employer for use by a worker in the performance of work 10 Who is an employer (1) A person is an employer if-- (a) the person conducts a business or undertaking; and (b) in the conduct of the business or undertaking, the person engages someone else to do work, other than under a contract for services, for or at the direction of the person. (2) For subsection (1)(b), a person engages someone else to do work whether the person engaged works for gain or reward or on a voluntary basis. (3) For an apprentice or trainee who is employed by a group training organisation, the employer is-- (a) when the apprentice or trainee is engaged to do work for a host employer--the host employer; or (b) otherwise--the group training organisation. (4) In this section-- apprentice means an apprentice under the Vocational Education, Training and Employment Act 2000. group training organisation means a group training organisation under the Vocational Education, Training and Employment Act 2000. host employer means a person who contracts with a group training organisation for the training of apprentices and trainees. trainee means a trainee under the Vocational Education, Training and Employment Act 2000. 11 Who is a worker (1) A person is a worker if the person does work, other than under a contract for services, for or at the direction of an employer. Example of subsection (1)-- A subcontractor works under a contract for services and is not a worker for this Act. (2) A person may be a worker even though the person is not paid for work done by the person. 12 Who is a self-employed person A person is a self-employed person if-- (a) the person conducts a business or undertaking for gain or reward; and (b) in the conduct of the business or undertaking, the person is not an employer or worker. 12A Who is the client for construction work (1) The client for construction work is the person who commissions the construction work and-- (a) engages a project manager to plan and manage construction work; or (b) appoints a principal contractor to manage and perform construction work. (2) Subsection (1) does not apply if-- (a) the construction work is for a structure that is a class 1a building or an associated class 10a building; or (b) the construction work is not a prescribed activity, and the estimated final price for the construction work is $80000 or less. 12B Who is the project manager for construction work (1) The project manager for construction work is the person engaged by the client to carry out the planning and management of the construction work. (2) Subsection (1) does not apply if-- (a) the construction work is for a structure that is a class 1a building or an associated class 10a building; or (b) the construction work is not a prescribed activity, and the estimated final price for the construction work is $80000 or less. 13 Who is the principal contractor for construction work (1) The principal contractor for construction work, other than prescribed construction work, is the person appointed by the client as the principal contractor for the construction work under section 184A. (2) If the client does not appoint a principal contractor for the construction work, the client is taken to be the principal contractor for the construction work. (3) The principal contractor for prescribed construction work is the person who is in control of the prescribed construction work. Note-- For construction work for which there is no client and that is not prescribed construction work, there is no principal contractor. (4) In this section-- prescribed construction work means construction work that-- (a) is for a structure that is a class 1a building or an associated class 10a building; and (b) has an estimated final price of more than $80000. 14 What is construction work (1) Work is construction work if it is-- (a) work to erect, construct, extend, alter, convert, fit-out, commission, renovate, repair, refurbish, disassemble or decommission a structure, or part of a structure; or (b) work connected with site preparation, excavation and landscaping for work mentioned in paragraph (a); or (c) the assembly or installation of prefabricated components to form a structure, or part of a structure, for work mentioned in paragraph (a); or (d) the disassembly of prefabricated components for work mentioned in paragraph (a) that, immediately before the disassembly, formed a structure or part of a structure; or (e) an activity that is a prescribed activity. (2) Work is not construction work to the extent it is carried out at a workplace, as part of a business or undertaking, if the work is to erect or construct a structure that, when erected or constructed, is intended to be transported to another place. Example of what is not construction work-- construction of a manufactured home or prefabricated building (3) Construction work is taken to stop-- (a) when the construction work at the workplace where the construction work is being performed ends and possession of the workplace is returned to the client; or (b) if the client remains in possession of the workplace where the construction work is being performed while the work is performed-- when the construction work at the workplace ends. 15 When is plant or a substance not used properly Plant or a substance is not used properly if it is used without regard to available appropriate information or advice about its use. 15A Meaning of relevant workplace area A relevant workplace area is-- (a) any place, or a part of a place, used as a workplace; and (b) any area adjacent to the place or part associated with the use of the place or part as a workplace. Examples of areas that could be adjacent to a place or part and associated with its use as a workplace-- 1 shopping centre car park 2 common area in a shopping centre 3 hotel beer garden 4 outside play area for a child care centre 15B Meaning of person in control of relevant workplace area (1) The person in control, of a relevant workplace area, is the person who is the owner of the relevant workplace area. (2) However, if there is in place a lease, contract or other arrangement that provides, or has the effect of providing, for another person to have effective and sustained control of the relevant workplace area, the other person, and not the owner, is the person in control of the relevant workplace area. 15C Meaning of person in control of fixtures, fittings or plant (1) The person in control, of fixtures, fittings or plant included in a relevant workplace area, is the person who is the owner of the relevant workplace area. (2) However, if there is in place a contract or other arrangement that provides, or has the effect of providing, for another person to have effective and sustained control of the fixtures, fittings or plant, the other person, and not the owner of the relevant workplace area, is the person in control of the fixtures, fittings or plant. 18 What is consultation (1) Consultation is about fostering cooperation and developing partnerships between government, employers and workers to ensure workplace health and safety. (2) Consultation is an important strategy in achieving workplace health and safety and happens in 2 ways-- (a) at an industry level through establishing the workplace health and safety board and industry sector standing committees under part 6; and (b) at the workplace level through the election by workers of workplace health and safety representatives and establishing workplace health and safety committees under part 7. 22 Ensuring workplace health and safety Workplace health and safety is ensured when persons are free from-- (a) death, injury or illness caused by any workplace, relevant workplace area, work activities, or plant or substances for use at a relevant place; and (b) risk of death, injury or illness created by any workplace, relevant workplace area, work activities, or plant or substances for use at a relevant place. 23 Obligations for workplace health and safety (1) The following persons have obligations under division 2 to ensure workplace health and safety-- * persons who conduct a business or undertaking, whether as employers, self-employed persons or otherwise * persons in control of workplaces * designers, manufacturers and suppliers of plant * erectors and installers of plant * owners of plant * manufacturers and suppliers of substances * persons in control of relevant workplace areas * persons in control of fixtures, fittings or plant included in relevant workplace areas. (2) In addition, the following persons have obligations under division 2 to ensure workplace health and safety for construction work-- * clients * designers of structures * project managers * principal contractors. (3) Designers of structures continue to have obligations under section 30B to ensure workplace health and safety after the structure has been constructed. (4) Workers and other persons at workplaces have obligations under division 3 to ensure workplace health and safety. 24 Discharge of obligations (1) A person on whom a workplace health and safety obligation is imposed must discharge the obligation. Maximum penalty-- (a) if the breach causes multiple deaths--2000 penalty units or 3 years imprisonment; or (b) if the breach causes death or grievous bodily harm--1000 penalty units or 2 years imprisonment; or (c) if the breach causes bodily harm--750 penalty units or 1 year's imprisonment; or (d) if the breach involves exposure to a substance likely to cause death or grievous bodily harm--750 penalty units or 1 year's imprisonment; or (e) otherwise--500 penalty units or 6 months imprisonment. (2) Subsection (1) applies despite Criminal Code, sections 23 and 24. Editor's note-- Section 23 of the Code deals with a person's criminal responsibility for an act or omission that happens independently of the person's will or for an event which is accidental. Section 24 of the Code deals with a person's criminal responsibility for an act or omission done under an honest and reasonable, but mistaken, belief in the state of things. (3) If more than 1 person has a workplace health and safety obligation for a matter, each person-- (a) retains responsibility for the person's workplace health and safety obligation for the matter; and (b) must discharge the person's workplace health and safety obligation to the extent the matter is within the person's control; and (c) must consult, and cooperate, with all other persons who have a workplace health and safety obligation for the matter. 25 Person may owe obligations in more than 1 capacity A person on whom a workplace health and safety obligation is imposed may be subject to more than 1 workplace health and safety obligation. Example-- A person may be an employer, principal contractor and supplier of plant at the same time for a single workplace and be subject to obligations in each of the capacities. 26 How obligations can be discharged if regulation etc. made (1) If a regulation or ministerial notice prescribes a way of preventing or minimising exposure to a risk, a person discharges the person's workplace health and safety obligation for exposure to the risk only by following the prescribed way. (2) If a regulation or ministerial notice prohibits exposure to a risk, a person discharges the person's workplace health and safety obligation for exposure to the risk only by ensuring the prohibition is not contravened. (3) If a code of practice states a way of managing exposure to a risk, a person discharges the person's workplace health and safety obligation for exposure to the risk only by-- (a) adopting and following a stated way that manages exposure to the risk; or (b) doing all of the following-- (i) adopting and following another way that gives the same level of protection against the risk; (ii) taking reasonable precautions; (iii) exercising proper diligence. 27 How obligations can be discharged if no regulation etc. made (1) This section applies if there is not a regulation or ministerial notice prescribing a way to prevent or minimise exposure to a risk, or a code of practice stating a way to manage the risk. (2) A person discharges the person's workplace health and safety obligation for exposure to the risk by doing both of the following-- (a) adopting and following any way to discharge the person's workplace health and safety obligation for exposure to the risk; (b) taking reasonable precautions, and exercising proper diligence, to ensure the obligation is discharged. 27A Managing exposure to risks (1) To properly manage exposure to risks, a person must-- (a) identify hazards; and (b) assess risks that may result because of the hazards; and (c) decide on appropriate control measures to prevent, or minimise the level of, the risks; and (d) implement control measures; and (e) monitor and review the effectiveness of the measures. (2) To properly manage exposure to risks, a person should consider the appropriateness of control measures in the following order-- (a) eliminating the hazard or preventing the risk; (b) if eliminating the hazard or preventing the risk is not possible, minimising the risk by measures that must be considered in the following order-- (i) substituting the hazard giving rise to the risk with a hazard giving rise to a lesser risk; (ii) isolating the hazard giving rise to the risk from anyone who may be at risk; (iii) minimising the risk by engineering means; (iv) applying administrative measures; (v) using personal protective equipment. Examples of subparagraph (iii)-- redesigning work, plant, equipment, components or premises Examples of subparagraph (iv)-- training, reasonable hours of work (3) However, this Act also specifies particular ways in which workplace health and safety must be ensured in particular circumstances. (4) Compliance with subsection (1) does not excuse a person from an obligation to ensure workplace health and safety or a particular obligation imposed on the person under this Act. 28 Obligations of persons conducting business or undertaking (1) A person (the relevant person) who conducts a business or undertaking has an obligation to ensure the workplace health and safety of the person, each of the person's workers and any other persons is not affected by the conduct of the relevant person's business or undertaking. (2) The obligation is discharged if the person, each of the person's workers and any other persons are not exposed to risks to their health and safety arising out of the conduct of the relevant person's business or undertaking. (3) The obligation applies-- (a) whether or not the relevant person conducts the business or undertaking as an employer, self-employed person or otherwise; and (b) whether or not the business or undertaking is conducted for gain or reward; and (c) whether or not a person works on a voluntary basis. 29 What obligations under s 28 include Without limiting section 28, discharging an obligation under the section includes, having regard to the circumstances of any particular case, doing all of the following-- (a) providing and maintaining a safe and healthy work environment; (b) providing and maintaining safe plant; (c) ensuring the safe use, handling, storage and transport of substances; (d) ensuring safe systems of work; (e) providing information, instruction, training and supervision to ensure health and safety. 30 Obligations of persons in control of workplaces (1) A person in control of a workplace has the following obligations-- (a) to ensure the risk of injury or illness from a workplace is minimised for persons coming onto the workplace to work; (b) to ensure the risk of injury or illness from any plant or substance provided by the person for the performance of work by someone other than the person's workers is minimised when used properly; (c) to ensure there is appropriate, safe access to and from the workplace for persons other than the person's workers. (2) For this section-- person in control of a workplace does not include the occupier of domestic premises. 30A Obligations of clients (1) A client has an obligation to consult with-- (a) if a designer designed a structure that is, or is part of, construction work--the designer about how the construction work in connection with the design can be undertaken in a way that prevents or minimises all risks to health and safety; and (b) if there is a project manager for the construction work--the project manager about how the construction work can be planned and managed in a way that prevents or minimises all risks to health and safety; and (c) if there is a principal contractor for the construction work--the principal contractor about how the construction work can be undertaken in a way that prevents or minimises all risks to health and safety. (2) If the client is aware of any information about hazards and risks relating to the site at which the construction work is to be undertaken, the client must give this information to the designer, project manager or principal contractor. Examples of hazards and risks relating to a site-- overhead power lines access and egress underground services adjoining neighbours asbestos 30B Obligations of designers of structures (1) A designer of a structure has an obligation to ensure the design of the structure does not affect the workplace health and safety of persons-- (a) during construction of the structure; and (b) when the structure has been constructed and is being used for the purpose for which it was designed. Examples of persons to whom obligations are owed-- persons involved in the construction of the structure persons who work in the structure after it has been constructed persons who maintain or repair the structure or any fixtures, fittings or plant in, or forming part of the structure (2) The obligation is discharged if persons are not exposed to risks to their health or safety arising out of the design. Examples of matters that might be considered in discharging a designer's obligation under this section-- availability of anchorage points for window cleaners adequacy of ventilation adequacy of lighting in plant rooms ease of access to the building for maintenance purposes provision for maintenance and servicing of airconditioning units adequacy of trafficable surfaces (3) For deciding, after the structure has been designed, whether the designer discharged the designer's workplace health and safety obligation under subsection (1), regard must be had to the standards of design prevailing when the designer designed the structure. (4) The designer's obligation under subsection (1) applies only to the extent that the content of the design of the structure falls under the control of the designer. (5) In this section-- structure does not include a structure that is a class 1a building or an associated class 10a building. 30C Obligations of project managers A project manager has an obligation to ensure construction work is planned and managed in a way that prevents or minimises risks to the health and safety of-- (a) all persons undertaking the construction work; and (b) persons at or near the workplace during the construction work. 31 Obligations of principal contractors (1) A principal contractor has an obligation to ensure the workplace health and safety of persons arising from-- (a) a hazard at the workplace for which no other person owes a workplace health and safety obligation; and (b) anything that has been provided for the general use of persons at the workplace. (2) Without limiting the principal contractor's obligation under subsection (1), the principal contractor must-- (a) coordinate, supervise and oversee construction work in a way that prevents or minimises risks to the health and safety of persons at or near the workplace during the work; and (b) consult with each of the following persons who are involved in the construction work in relation to identifying hazards associated with the construction work and assessing risks that may result because of the hazards-- (c) notify another person of any matter of which the principal contractor is aware, or should reasonably be aware, that may affect the capacity of that person to comply with the person's obligations under this Act; and (d) provide safeguards and take safety measures prescribed under a regulation made for principal contractors. (3) In addition, the principal contractor has the obligation mentioned in subsection (4) if the principal contractor reasonably believes, or should reasonably believe, that a person at the workplace is not discharging the person's workplace health and safety obligation. (4) The principal contractor must-- (a) direct the person to comply with the person's workplace health and safety obligation; and (b) if the person fails to comply with the direction--ensure the person stops work until the person complies with the obligation. Editor's note-- See section 36(a) (Obligations of workers and other persons at a workplace) for the obligation to comply with the instructions given for workplace health and safety at the workplace by the principal contractor 32 Obligations of designers of plant (1) A designer of plant for use at a relevant place for the plant has an obligation to ensure that-- (a) the plant is designed to be safe and without risk to health when used properly; and (b) if the designer gives the design to another entity that is to give effect to the design, the design is accompanied by information about the way the plant must be used to ensure health and safety. (2) Also, a designer of plant for use at a relevant place for the plant has an obligation to take the action the chief executive reasonably requires to prevent the use of unsafe plant anywhere. 32A Obligations of manufacturers of plant (1) A manufacturer of plant for use at a relevant place for the plant has an obligation to ensure that-- (a) the plant is manufactured to be safe and without risk to health when used properly; and (b) the plant, when manufactured, is tested and examined to ensure it has been manufactured to be safe and without risk to health when used properly; and (c) the plant, when supplied to another person, is accompanied by information about the way the plant must be used to ensure health and safety. (2) Also, a manufacturer of plant for use at a relevant place for the plant has an obligation to take the action the chief executive reasonably requires to prevent the use of unsafe plant anywhere. 32B Obligations of suppliers of plant (1) A supplier of new plant for use at a relevant place for the plant has an obligation-- (a) either-- (i) to examine and test the plant to ensure the plant is safe and without risk to health when used properly; or (ii) to ensure the manufacturer of the plant has given an assurance that the plant has been examined and tested to ensure it is safe and without risk to health when used properly; and (b) to ensure the plant is accompanied by information about the way the plant must be used to ensure health and safety. (2) A supplier of used plant for use at a relevant place for the plant has an obligation-- (a) to take all reasonable steps to ensure the plant is safe and without risk to health when used properly; and Example of reasonable steps a supplier of used plant might take-- A reasonable step for a supplier to take might be to examine and test the plant to establish that it will be safe and without risk to health when used properly. (b) to ensure the plant is accompanied by information about the way the plant must be used to ensure health and safety, if the information is available. (3) Also, a supplier of plant for use at a relevant place for the plant has an obligation to take the action the chief executive reasonably requires to prevent the use of unsafe plant anywhere. (4) Despite subsections (1)(b) and (2)(b), if the supplier is supplying plant by hiring it to another person, the supplier is obliged only to have the information available at the point of hire. (5) In this section-- supplier does not include a manufacturer when supplying, but does include an importer when supplying. 33 Obligations of erectors and installers of plant An erector or installer of plant at a relevant place for the plant has an obligation-- (a) to erect or install the plant in a way that is safe and without risk to health; and (b) to ensure that nothing about the way the plant was erected or installed makes it unsafe and a risk to health when used properly. 34 Obligations of manufacturers of substances for use at workplace (1) A manufacturer of a substance for use at a workplace has an obligation to ensure that-- (a) the substance is safe and without risk to health when used properly; and (b) the substance is tested and examined to ensure it is safe and without risk to health when used properly; and (c) the substance, when supplied to another person, is accompanied by relevant information for the substance. (2) Also, a manufacturer of a substance for use at a workplace has an obligation to take the action the chief executive reasonably requires to prevent the use of an unsafe substance at a workplace. 34A Obligations of suppliers of substances for use at workplace (1) A supplier of a substance for use at a workplace has an obligation to-- (a) take all reasonable steps to ensure the substance is safe and without risk to health when used properly; and (b) to ensure the substance is accompanied by relevant information for the substance. (2) Also, a supplier of a substance for use at a workplace has an obligation to take the action the chief executive reasonably requires to prevent the use of an unsafe substance at a workplace. (3) In this section-- supplier does not include a manufacturer when supplying, but does include an importer when supplying. 34C Obligation of person in control of relevant workplace area (1) The person in control of a relevant workplace area has an obligation to ensure the relevant workplace area is safe and without risk to health. (2) This section does not apply to a relevant workplace area to the extent that the relevant workplace area is also the domestic premises of the person in control of the relevant workplace area. 34D Obligation of person in control of fixtures, fittings or plant included in relevant workplace area (1) The person in control of fixtures, fittings or plant included in a relevant workplace area has an obligation to ensure the fixtures, fittings or plant are safe and without risk to health. (2) This section does not apply to a relevant workplace area to the extent that the relevant workplace area is also the domestic premises of the person in control of the relevant workplace area. 35 Obligations of owners of plant An owner of plant has an obligation to ensure the plant is maintained in a condition that ensures the plant is safe, and without risk to health, when used properly. 36 Obligations of workers and other persons at a workplace A worker or anyone else at a workplace has the following obligations at a workplace-- (a) to comply with the instructions given for workplace health and safety at the workplace by the employer at the workplace and any principal contractor for construction work at the workplace; (b) for a worker--to use personal protective equipment if the equipment is provided by the worker's employer and the worker is properly instructed in its use; (c) not to wilfully or recklessly interfere with or misuse anything provided for workplace health and safety at the workplace; (d) not to wilfully place at risk the workplace health and safety of any person at the workplace; (e) not to wilfully injure himself or herself. 37 Defences for div 2 or 3 (1) It is a defence in a proceeding against a person for a contravention of an obligation imposed on the person under division 2 or 3 for the person to prove- - (a) if a regulation or ministerial notice has been made about the way to prevent or minimise exposure to a risk--that the person followed the way prescribed in the regulation or notice to prevent the contravention; or (b) if a code of practice has been made stating a way or ways to manage exposure to a risk-- (i) that the person adopted and followed a stated way to prevent the contravention; or (ii) that the person adopted and followed another way that managed exposure to the risk and took reasonable precautions and exercised proper diligence to prevent the contravention; or (c) if no regulation, ministerial notice, or code of practice has been made about exposure to a risk--that the person chose any appropriate way and took reasonable precautions and exercised proper diligence to prevent the contravention. (2) Also, it is a defence in a proceeding against a person for an offence against division 2 or 3 for the person to prove that the commission of the offence was due to causes over which the person had no control. (3) In this section, a reference to a regulation, ministerial notice, or code of practice is a reference to the regulation, notice, or code of practice in force at the time of the contravention. 38 Regulations (1) The Governor in Council may make regulations under this Act. (2) A regulation may-- (a) deal with matters of an administrative nature; or (b) prohibit exposure to risk; or (c) prescribe ways to prevent or minimise exposure to risk; or (d) prescribe-- (i) that particular work is high risk work or a particular activity is a high risk activity; and (ii) that high risk work or a high risk activity may be performed only by particular persons having appropriate authority, as prescribed under the regulation, to perform the work or activity. Examples of matters under paragraph (a)-- 1 notification of building and construction work 2 registration of registrable plant Example of paragraph (b)-- prohibiting the use of certain hazardous substances Examples of paragraph (c)-- 1 preparing and providing a material safety data sheet for a hazardous substance 2 providing certain workplace amenities (2A) Without limiting subsection (2)(d)(ii), a regulation under that subsection may provide that the work or activity may be performed only by a person who is at least 18 years. (2B) The following is not unlawful discrimination on the basis of age for the Anti-Discrimination Act 1991-- (a) a provision of a regulation made under subsection (2)(d) that provides that work prescribed to be high risk work, or an activity prescribed to be a high risk activity, may be performed only by a person who is at least 18 years; (b) the doing of an act that is necessary to comply with, or that is specifically authorised by, a provision mentioned in paragraph (a). (2C) Except as provided for under subsections (2A) and (2B), a regulation made under subsection (2)(d)(ii) can not authorise an act that is unlawful under the Anti-Discrimination Act 1991. (3) A regulation may-- (a) prescribe offences for a breach of a regulation; and (b) fix a maximum penalty of not more than 40 penalty units for the breach. (4) A regulation may declare something to be a workplace health and safety obligation imposed on a person for this Act. (5) A regulation may prescribe fees payable under this Act including fees for the following-- (a) notification of building and construction work; (b) registrations, including registrations for registrable plant and registrable plant designs; (c) certifications, including certifications for prescribed occupations; (d) appointments, including appointments as accredited providers. 39 Regulations relating to occupational certificates under repealed Acts (1) A regulation may make provision in relation to an occupational certificate including, for example, a provision about its continued effectiveness, duration or expiry. Example-- A regulation may be made converting an occupational certificate to a licence, with or without changes or expiring an occupational certificate. (2) In this section-- former Act means the repealed Workplace Health and Safety Act 1989. occupational certificate means a certificate to work in, or in a part of, an occupation prescribed under the former Act that was granted or continued in force under the former Act and continues to be in force under this Act. Example of an occupational certificate continued in force under the former Act-- a certificate of competency issued under the repealed Inspection of Machinery Act 1951 41 Code of practice about managing exposure to risks (1) The Minister may make a code of practice that states ways to manage exposure to risks common to industry or a part of industry. Example of a code of practice-- A code of practice about managing noise exposure may provide advice about identifying sources of noise, assessing actual or potential levels of noise exposure and eliminating or minimising noise exposure as a risk to health at a workplace. Examples of a part of industry-- 1 the rural sector 2 canegrowing within the rural sector (2) A code of practice, or an instrument amending or repealing a code of practice, has no effect unless the Minister gives notice of its making. (3) A notice under subsection (2) is subordinate legislation. (4) A code of practice, or an instrument amending or repealing a code of practice, commences on the later of the following-- (a) the day the notice under subsection (2) commences; (b) the day the code or instrument provides that it commences. (5) A code of practice expires 10 years after its commencement. (6) The Minister must ensure that a copy of each code of practice as in force from time to time and any document applied, adopted or incorporated by the code of practice is made available for inspection, without charge, during normal business hours at each department office dealing with workplace health and safety. (7) A code of practice may be made available in written or electronic form. 42 Use of code of practice in proceedings In a proceeding under this Act, a document purporting to be a code of practice is admissible as evidence of the code of practice if-- (a) the proceeding relates to a contravention of an obligation imposed on a person under part 3; and (b) it is claimed the person contravened the obligation by failing to manage exposure to a risk; and (c) the code of practice is about managing the exposure to the risk. 42C Ministerial notices in urgent circumstances (1) This section applies if the Minister considers-- (a) a situation has arisen, or is likely to arise-- (i) at or near a workplace or relevant workplace area because of a work activity, or plant or substance for use at a relevant place; or (ii) at any place because of specified high risk plant; and (b) because of the situation, there is or is likely to be, a risk of- - (i) serious bodily injury; or (ii) work caused illness; or (iii) a dangerous event happening. (2) The Minister may make a notice about the situation. (3) The notice may prescribe methods of work or other things to prevent or minimise exposure to the risk. (4) A notice expires-- (a) 1 year from the day it is notified in the gazette; or (b) on an earlier day stated in the notice. (5) However, a regulation may extend the notice's operation for a further period of not more than 1 year. (6) If a notice is inconsistent with a regulation, the notice prevails to the extent of the inconsistency. (7) A notice is subordinate legislation. 42D Meaning of workplace health and safety undertaking (1) A workplace health and safety undertaking is a written undertaking made by a person (the identified person for the undertaking) that-- (a) recognises that the chief executive alleges (the alleged contravention for the undertaking) that the identified person has contravened-- (i) section 24(1); or (ii) section 167, because of a corporation's contravention of section 24(1); and (b) identifies facts and circumstances of the alleged contravention; and (c) includes an assurance from the identified person about the identified person's future behaviour. (2) The chief executive of a public sector unit may give a workplace health and safety undertaking for the public sector unit. 42DA Giving workplace health and safety undertaking (1) This section applies if the identified person proposes to make a workplace health and safety undertaking. (2) The undertaking must be received by the chief executive within the time prescribed under a regulation. 42E Acceptance and publication of workplace health and safety undertaking (1) The chief executive may, by written notice given to the identified person for a workplace health and safety undertaking, accept the workplace health and safety undertaking. (2) When the chief executive accepts the workplace health and safety undertaking, the undertaking-- (a) starts operating; and (b) becomes enforceable against the identified person. (3) The chief executive may publish details of the undertaking. 42F Proceeding for alleged contravention (1) If a proceeding for the alleged contravention for the workplace health and safety undertaking has been started before an industrial magistrate against the identified person for the undertaking before the undertaking starts operating, the chief executive must take the necessary action to bring the proceeding to an end. (2) If a proceeding for the alleged contravention has not been started before the undertaking starts operating, a proceeding for the alleged contravention must not be started. 42G Compliance with undertaking The identified person for an operating workplace health and safety undertaking must not contravene the undertaking. Maximum penalty--1000 penalty units. 42H Withdrawal or variation of undertaking (1) The identified person for an operating workplace health and safety undertaking may at any time, with the agreement of the chief executive-- (a) withdraw the undertaking; or (b) change the provisions of the undertaking. (2) However, the provisions of the undertaking can not be changed to provide for a different alleged contravention for the undertaking. 42I Contravention of workplace health and safety undertaking (1) This section applies if the chief executive considers the identified person for an operating workplace health and safety undertaking has contravened the undertaking. (2) The chief executive may apply to an industrial magistrate for an order under this section. (3) If the magistrate is satisfied the identified person has contravened the undertaking, the magistrate may make 1 or more of the following orders-- (a) an order directing the identified person to comply with the undertaking, or a stated aspect of the undertaking, or to comply with the undertaking, or a stated aspect of the undertaking, in a stated way; (b) an order directing the person to pay to the State an amount that is not more than the direct or indirect financial benefit obtained by the person from, and reasonably attributable to, the breach; (c) an order directing the person to give a security bond to the State for a stated period; (d) another order the magistrate considers appropriate in the circumstances. (4) A prosecution for the offence of contravening the workplace health and safety undertaking does not prevent the magistrate from making an order under this section on the chief executive's application, even though the prosecution and the order are based on the same facts and circumstances. (5) The making of an order under this section, unless the order otherwise provides, does not prevent a prosecution for the offence of contravening the workplace health and safety undertaking, even though the order and the prosecution are based on the same facts and circumstances. 43 Purposes of part The purposes of this part are-- (a) to establish the workplace health and safety board; and (b) to provide for the establishment of industry sector standing committees of the board. 44 Workplace health and safety board The workplace health and safety board (the board) is established. 45 Functions of board (1) The primary function of the board is to give advice and make recommendations to the Minister about policies, strategies, allocation of resources, and legislative arrangements, for workplace health and safety. (2) Without limiting subsection (1), the board may discharge its primary functions by-- (a) developing a 5 year strategic plan for improving workplace health and safety; and (b) examining whether the 5 year strategic plan meets the existing and future needs of industry and the community; and (c) advising the Minister about state, national and international workplace health and safety issues; and (d) considering other issues referred to it by the Minister; and (e) reviewing the appropriateness of provisions of this Act, a regulation, or code of practice; and (f) considering recommendations made to it by an industry sector standing committee; and (g) reviewing the performance of an industry sector standing committee; and (h) recommending to the Minister the establishment of industry sector standing committees; and (i) reviewing the membership of an industry sector standing committee; and (j) establishing working parties on the recommendation of an industry sector standing committee; and (k) deciding procedures for the operation of working parties; and (l) appointing members to a working party; and (m) considering the most effective and efficient way of applying funds allocated for workplace health and safety; and (n) ensuring industry has been adequately consulted on proposed codes of practice; and (o) promoting workplace health and safety to industry and the community to encourage a healthy and safe culture at workplaces. (3) The chief executive must give the board reasonable help to enable it to perform its functions. 45A Annual report (1) As soon as practical, but within 4 months, after the end of each financial year, the board must prepare and give to the Minister a report on the board's operations for the year. (2) The Minister must table a copy of the report in the Legislative Assembly within 14 sitting days after receiving it. 46 Membership of board (1) The board consists of a chairperson, and at least 6 other members, appointed by the Minister. (2) The person the Minister appoints as chairperson must be representative of industry. (3) In appointing a person as a member, the Minister must consider the person's practical experience, and competence, in the management of workplace health and safety. (4) The Minister must ensure the number of members representing employers equals the number of members representing workers. (5) The Minister must seek to appoint both men and women members to the board. 47 Times of board meetings (1) The board may hold its meetings when it decides. (2) However, the board must meet at least 4 times a year. (3) The chairperson of the board-- (a) may call a meeting of the board at any time; and (b) must call a meeting if asked by at least a third of the other members. (4) Also, the Minister may call a meeting of the board at any time. 48 Conduct of proceedings (1) The chairperson of the board presides at all board meetings at which the chairperson is present. (2) If the chairperson is absent, the member chosen by the members present is to preside. (3) At a meeting of the board-- (a) a quorum is at least 4 members; and (b) a question is decided by a majority of the votes of the members present and voting; and (c) each member present has a vote on each question to be decided and, if the votes are equal, the member presiding has a casting vote. (4) The board may otherwise conduct its proceedings (including its meetings) as it considers appropriate. (5) The board may hold meetings, or permit members to take part in meetings, by telephone, closed-circuit television or another form of communication. (6) A member who takes part in a board meeting under a permission under subsection (5) is taken to be present at the meeting. (7) A resolution is a valid resolution of the board, even though it is not passed at a board meeting, if-- (a) at least half the members give written agreement to the resolution; and (b) notice of the resolution is given under procedures approved by the board. 49 Disclosure of interests (1) If a member reasonably believes, or should reasonably believe, that an issue being considered or about to be considered by the board may give the member, or an entity associated with the member, a possible professional or commercial advantage, the member must disclose the possible advantage to the board. (2) The disclosure must be recorded in the board's minutes and, unless the board otherwise directs, the member must not be present when the board considers the issue, or take part in a decision of the board on the issue. (3) If, because of this section, a member is not present at a meeting of the board for the deliberation of the board about an issue, but there would be a quorum if the member were present, the remaining members present are a quorum for the board's deliberation or decision about the issue at the meeting. (4) For this section, an entity is associated with a member if the member is an employee or member of, or an adviser to, the entity. 50 Minutes The board must keep minutes of its proceedings. 52 Duration of appointment (1) The appointment of a member is for the term (not longer than 3 years) decided by the Minister. (2) The office of a member becomes vacant if-- (a) the member resigns by signed notice of resignation given to the Minister; or (b) the member is found guilty of an indictable offence or an offence against this Act; or (c) the member is absent, without the Minister's leave and without reasonable excuse, from 3 consecutive ordinary meetings of the board; or (d) the member's appointment is ended by the Minister under subsection (3). (3) The Minister may, at any time, end the appointment of a member for any reason or none. 53 Leave of absence (1) The Minister may approve a leave of absence for a member. (2) If a leave of absence is approved, the Minister may appoint someone else as an acting member during the member's approved leave of absence. 54 Conditions of appointment (1) A member is appointed on a part-time basis. (2) A member is entitled to be paid the remuneration and allowances fixed by the Minister. 55 Industry sector standing committees (1) The following industry sector standing committees of the board are established-- (a) construction sector standing committee; (b) manufacturing sector standing committee; (c) rural sector standing committee; (d) health and community services sector standing committee; (e) retail and wholesale sector standing committee; (f) transport and storage sector standing committee. (2) Also, the Minister may, by gazette notice, establish other industry sector standing committees for industry sectors. 56 Functions of industry sector standing committees (1) The primary function of an industry sector standing committee is to give advice and make recommendations to the workplace health and safety board about workplace health and safety in the industry sector for which the committee is established. (2) Without limiting subsection (1), the committee may discharge its primary function by-- (a) examining the appropriateness of, and need for, setting workplace health and safety standards; and (b) considering issues referred to it by the board; and (c) recommending to the board that working parties be established to respond to workplace health and safety issues; and Examples of responses under paragraph (c)-- 1 developing a code of practice 2 organising a workplace health and safety promotional program (d) recommending to the board who should be a member of a working party; and (e) recommending to the board procedures for the operation of working parties. 57 Membership of industry sector standing committee (1) An industry sector standing committee consists of a chairperson, and at least 6 other members, appointed by the Minister. (2) In appointing a person as a member, the Minister must consider the person's practical experience, and competence, in the management of workplace health and safety. (3) The Minister must ensure the number of members representing employers equals the number of members representing workers. (4) The Minister must seek to appoint both men and women members to the committee. 58 Times of industry sector standing committee meetings (1) An industry sector standing committee may hold its meetings when it decides. (2) However, the committee must meet at least 4 times a year. (3) The chairperson of the committee-- (a) may call a meeting of the committee at any time; and (b) must call a meeting if asked by at least a third of the other members. (4) Also, the Minister or the board may call a meeting of the committee at any time. 59 Conduct of industry sector standing committee proceedings (1) The chairperson of an industry sector standing committee presides at all meetings of the committee at which the chairperson is present. (2) If the chairperson is absent, the member chosen by the members present is to preside. (3) At a meeting of the committee-- (a) a quorum is at least half the members; and (b) a question is decided by a majority of the votes of the members present and voting; and (c) each member present has a vote on each question to be decided and, if the votes are equal, the member presiding has a casting vote. (4) An industry sector standing committee may otherwise conduct its proceedings (including its meetings) as it considers appropriate. (5) An industry sector standing committee may hold meetings, or permit members to take part in meetings, by telephone, closed-circuit television or another form of communication. (6) A member who takes part in an industry sector standing committee meeting under a permission under subsection (5) is taken to be present at the meeting. (7) A resolution is a valid resolution of an industry sector standing committee, even though it is not passed at an industry sector standing committee meeting, if-- (a) at least half the members give written agreement to the resolution; and (b) notice of the resolution is given under procedures approved by the industry sector standing committee. 60 Disclosure of interests (1) If a member reasonably believes, or should reasonably believe, that an issue being considered or about to be considered by the industry sector standing committee may give the member, or an entity associated with the member, a possible professional or commercial advantage, the member must disclose the possible advantage to the committee. (2) The disclosure must be recorded in the industry sector standing committee's minutes and, unless the committee otherwise directs, the member must not be present when the committee considers the issue, or take part in a decision of the committee on the issue. (3) If, because of this section, a member is not present at a meeting of the industry sector standing committee for the deliberation of the committee about an issue, but there would be a quorum if the member were present, the remaining members present are a quorum for the committee's deliberation or decision about the issue at the meeting. (4) For this section, an entity is associated with a member if the member is an employee or member of, or an adviser to, the entity. 61 Minutes An industry sector standing committee must keep minutes of its proceedings. 62 Duration of appointment (1) The appointment of a member is for the term (not longer than 3 years) decided by the Minister. (2) The office of a member becomes vacant if-- (a) the member resigns by signed notice of resignation given to the Minister; or (b) the member is found guilty of an indictable offence or an offence against this Act; or (c) the member is absent, without the Minister's leave and without reasonable excuse, from 3 consecutive ordinary meetings of the committee; or (d) the member's appointment is ended by the Minister under subsection (3). (3) The Minister may, at any time, end the appointment of a member for any reason or none. 63 Leave of absence (1) The Minister may approve a leave of absence for a member. (2) If a leave of absence is approved, the Minister may appoint someone else as an acting member during the member's approved leave of absence. (3) The Minister must have regard to the committee's membership requirements under section 57 when appointing someone as an acting member. 64 Conditions of appointment (1) A member is appointed on a part-time basis. (2) A member is entitled to be paid the remuneration and allowances fixed by the Minister. 64A Establishment of licensing review committee The Licensing Review Committee is established. 64B Functions of licensing review committee (1) The functions of the licensing review committee are-- (a) to give advice and make recommendations about occupational licences and corresponding occupational licences to the Minister, the board or the chief executive; and (b) to take disciplinary action against holders of occupational licences or corresponding occupational licences, and previous holders of occupational licences or corresponding occupational licences; and (c) to review relevant licensing decisions. (2) Without limiting subsection (1), the licensing review committee may discharge its functions by-- (a) recommending training modules and courses to qualify persons for occupational licences; and (b) advising on issues the Minister, the board or the chief executive refers to it; and (c) making recommendations about the safety of work or activities for which an occupational licence may be issued, and the standards for qualifications required for an occupational licence; and (d) receiving and investigating complaints about work or activities for which an occupational licence or corresponding occupational licence may be issued; and (e) taking action to ensure holders of occupational licences or corresponding occupational licences perform work or activities to appropriate standards, including by cancelling or suspending licences and taking other disciplinary action; and (f) reviewing relevant licensing decisions, including by confirming, setting aside or substituting the decisions. (3) The chief executive must give the licensing review committee the necessary administrative and other support to enable the committee to perform its functions efficiently and effectively. 64C Membership of licensing review committee (1) The licensing review committee consists of a chairperson, and at least 4 other members, appointed by the Minister. (2) In appointing persons as members, the Minister must-- (a) consider each proposed member's practical experience and competence in the management of workplace health and safety; and (b) ensure that-- (i) 1 of the appointed members is representative of employers; and (ii) 1 of the appointed members is representative of workers; and (iii) 1 of the appointed members is representative of the community; and (c) seek to appoint both men and women as members. 64D Duration of appointment to licensing review committee (1) The appointment of a member of the licensing review committee is for the term, of not longer than 3 years, decided by the Minister when the member is appointed. (2) The office of a member of the licensing review committee becomes vacant if- - (a) the member resigns by signed notice of resignation given to the Minister; or (b) the member is found guilty of an indictable offence or an offence against this Act; or (c) the member is absent, without the Minister's leave and without reasonable excuse, from 3 consecutive ordinary meetings of the committee; or (d) the member's appointment is ended by the Minister under subsection (3). (3) The Minister may, at any time, end the appointment of a member of the licensing review committee for any reason or without stating a reason. 64E Leave of absence (1) The Minister may approve a leave of absence for a member of the licensing review committee. (2) If a leave of absence is approved, the Minister may appoint someone else to act as the member during the member's approved leave of absence. (3) In appointing a person to act as the member, the Minister must have regard to requirements under section 64C for the composition of the committee. 64F Conditions of appointment (1) A member of the licensing review committee is appointed on a part-time basis. (2) A member of the licensing review committee is entitled to be paid the remuneration and allowances fixed by the Minister. 64G Times of board committee meetings (1) The licensing review committee may hold its meetings when it decides. (2) The chairperson of the licensing review committee-- (a) may call a meeting of the committee at any time; and (b) must call a meeting if the meeting is asked for by at least a third of the other members. (3) The Minister, chief executive or the board may call a meeting of the licensing review committee at any time. 64H Conduct of proceedings (1) The chairperson of the licensing review committee presides at all meetings of the committee at which the chairperson is present. (2) If the chairperson is absent, the member chosen by the members present is to preside. (3) At a meeting of the licensing review committee-- (a) a quorum is at least half the members; and (b) a question is decided by a majority of the votes of the members present and voting; and (c) each member present has a vote on each question to be decided and, if the votes are equal, the member presiding has a casting vote. (4) The licensing review committee may otherwise conduct its proceedings, including its meetings, as it considers appropriate. (5) The licensing review committee may hold meetings, or permit members to take part in its meetings, by using any technology that reasonably allows members to hear and take part in discussions as they happen. Example of use of technology-- teleconferencing (6) A member who takes part in a committee meeting under subsection (5) is taken to be present at the meeting. (7) A resolution is a valid resolution of the licensing review committee, even though it is not passed at a meeting of the committee, if-- (a) at least half the members give written agreement to the resolution; and (b) notice of the resolution is given under procedures approved by the committee. 64I Disclosure of interests (1) If there is a reasonable possibility that a member's participation in the licensing review committee's consideration of an issue will give the member, or an entity associated with the member, a professional or commercial advantage, or will otherwise be a conflict of interest, the member must disclose the possibility to the committee. (2) The disclosure must be recorded in the committee's minutes and, unless the committee otherwise directs, the member must not-- (a) be present when the committee considers the issue; or (b) take part in a decision of the committee on the issue. (3) If, because of subsection (2), the member is not present for the licensing review committee's consideration of the issue, but there would be a quorum if the member were present, the remaining members present are a quorum for the committee's consideration of the issue. (4) For subsection (1), an entity is associated with a member if the member is an employee or member of, or an adviser to, the entity. 64J Minutes The licensing review committee must keep minutes of its proceedings. 64K Annual report As soon as practicable, but within 4 months, after the end of each financial year, the licensing review committee must prepare and give to the Minister, the board and the chief executive a report on the performance of the committee's functions for the year. 64L Grounds for disciplinary action Each of the following is a ground for taking disciplinary action against the holder of an occupational licence or corresponding occupational licence or a person who was, but is no longer, the holder of an occupational licence or corresponding occupational licence-- (a) the holder or person performs or supervises work or an activity and the way the work or activity is performed exposes persons to risk of death, injury or illness; (b) the holder or person performs or supervises work or an activity and the person who performs the work or activity is negligent or incompetent in the performance of the work. 64M Purpose of sdiv 2 This subdivision establishes the disciplinary action that may be taken by the licensing review committee. 64N Holders of occupational licences (1) The licensing review committee may take 1 or more of the following disciplinary actions against the holder of an occupational licence-- (a) take a prescribed licensing action for the licence; (b) reprimand or caution the holder; (c) impose on the holder a penalty of not more than 40 penalty units; (d) disqualify the holder from holding an occupational licence-- (i) for a period decided by the committee; or (ii) until conditions decided by the committee are complied with. Example of condition for subparagraph (ii)-- a condition that the licence holder satisfactorily finish a stated training course or examination (2) If the occupational licence is suspended because of disciplinary action, the licence can not be renewed while it is still suspended. (3) If the holder is disqualified from holding an occupational licence because of disciplinary action-- (a) the holder's licence can not be renewed while the holder is still disqualified; and (b) the holder can not be issued another occupational licence while the holder is still disqualified. (4) In this section-- prescribed licensing action, for an occupational licence, means-- (a) cancel or amend the licence; or (b) suspend the licence-- (i) for a period decided by the committee; or (ii) until conditions decided by the committee are complied with. Example of condition for subparagraph (ii)-- a condition that the licence holder satisfactorily finish a stated training course or examination 64O Previous holders of occupational licences (1) The licensing review committee may take 1 or more of the following disciplinary actions against a person who was, but is no longer, the holder of an occupational licence-- (a) reprimand or caution the person; (b) impose on the person a penalty of not more than 40 penalty units; (c) disqualify the person from holding an occupational licence-- (i) for a period decided by the committee; or (ii) until conditions decided by the committee are complied with. Example of condition-- a condition that the person satisfactorily finish a stated training course or examination (2) If a person is disqualified from holding an occupational licence because of disciplinary action, the person can not be issued an occupational licence while the person is still disqualified. 64P Holders of corresponding occupational licences (1) The licensing review committee may take either or both of the following disciplinary actions against the holder of a corresponding occupational licence-- (a) recommend to the recognised official who issued the licence that the official suspend or cancel the licence or take some other disciplinary action available to it; (b) disqualify the person from holding an occupational licence-- (i) for a period decided by the committee; or (ii) until conditions decided by the committee are complied with. Example of condition-- a condition that the person satisfactorily finish a stated training course or examination (2) If the holder of a corresponding occupational licence is disqualified from holding an occupational licence because of disciplinary action, the holder can not be issued an occupational licence while the holder is still disqualified. 64Q Previous holders of corresponding occupational licences (1) The licensing review committee may take either or both of the following disciplinary actions against a person who was, but is no longer, the holder of a corresponding occupational licence-- (a) recommend to the recognised official who issued the licence that the official take any disciplinary action available to it in relation to the person; (b) disqualify the person from holding an occupational licence-- (i) for a period decided by the committee; or (ii) until conditions decided by the committee are complied with. Example of condition-- a condition that the person satisfactorily finish a stated training course or examination (2) If a person is disqualified from holding an occupational licence because of disciplinary action, the person can not be issued an occupational licence while the person is still disqualified. 64R Penalties (1) A penalty may be imposed as disciplinary action in addition to the taking of other disciplinary action under this division against a person. (2) If a penalty is imposed as disciplinary action and the person against whom it is imposed does not pay the penalty within the time allowed by the licensing review committee, the committee may take further disciplinary action against the person for the ground for which the penalty was imposed. (3) Without limiting subsection (2), a penalty imposed as disciplinary action may be recovered as a debt owing to the State by the person. 64S Application of sdiv 3 This subdivision sets out the procedures for taking disciplinary action against a person. 64T Preliminary notice (1) If the licensing review committee considers that a ground may exist for taking disciplinary action against a person, the committee may give the person a written notice (preliminary notice) stating-- (a) that the committee is considering whether it should hold a hearing-- (i) to decide whether a ground exists for taking disciplinary action against the person; and (ii) if the committee decides a ground exists for taking disciplinary action--to decide whether disciplinary action is to be taken, and if so, the details of the disciplinary action; and (b) the ground that the committee considers may exist for taking disciplinary action against the person; and (c) an outline of the committee's understanding of the facts and circumstances forming the basis for the committee's view that the ground may exist; and (d) an invitation to the person to give the committee information the person considers the committee should consider before deciding whether to hold the hearing, including information the person considers would justify the committee in deciding not to act further under this part; and (e) that, to ensure the committee is required to consider the person's information, the committee must receive the information within the fixed period after the date of the notice; and (f) what the fixed period is. (2) The preliminary notice must be dated not earlier than the day the notice is given. (3) The committee must consider information provided by the person in response to the preliminary notice if the information is received by the committee within the fixed period after the date of the preliminary notice. (4) The committee may consider, but is not required to consider, information provided by the person in response to the preliminary notice if the information is received by the committee after the fixed period. (5) A preliminary notice may deal with-- (a) more than 1 ground; or (b) more than 1 set of facts and circumstances. (6) In this section-- fixed period means 14 days, or a longer period fixed by the licensing review committee for a particular preliminary notice. 64U Consideration before disciplinary hearing The licensing review committee may hold a disciplinary hearing under section 64W only if-- (a) the committee has considered-- (i) all information provided by the person that the committee is required to consider; and (ii) all other information provided by the person that the committee decides to consider; and (b) the committee still considers that the ground mentioned in the preliminary notice may exist for taking disciplinary action against the person. 64V Disciplinary hearing notice (1) Before holding a disciplinary hearing under section 64W, the licensing review committee must give the person a written notice (disciplinary hearing notice) stating-- (a) that the committee still considers the ground mentioned in the preliminary notice may exist for taking disciplinary action against the person; and (b) that the committee has decided to hold a disciplinary hearing-- (i) to decide whether the ground exists; and (ii) if the committee decides the ground exists--to decide whether disciplinary action is to be taken, and if so, the details of the disciplinary action; and (c) an outline of the committee's understanding of the facts and circumstances forming the basis for the committee's view that the ground may exist; and (d) when and where the disciplinary hearing is to be held; and (e) that-- (i) the person is required to appear at the hearing; and (ii) if the person appears at the hearing, the person may give information or make submissions to the committee at the hearing; and (f) that, if the person does not appear at the hearing-- (i) the person may give information or make submissions to the committee in another way; and (ii) the committee may act in the person's absence, whether or not the person gives information or makes submissions. (2) The disciplinary hearing notice must be dated not earlier than the day the notice is given. (3) The date the committee fixes for the disciplinary hearing must be at least 14 days after the date of the disciplinary hearing notice. (4) The committee must include with the disciplinary hearing notice-- (a) a copy of the preliminary notice; and (b) copies of all available written material held by the committee that the committee reasonably considers to be relevant to the proposed disciplinary hearing. 64W Disciplinary hearing (1) The licensing review committee may hold a hearing (disciplinary hearing)-- (a) to decide whether the ground mentioned in the preliminary notice and disciplinary hearing notice exists for taking disciplinary action against the person; and (b) if the committee decides the ground exists--to decide whether disciplinary action is to be taken, and if so, the details of the disciplinary action. (2) The disciplinary hearing is taken to be held as, or as a part of, a meeting of the committee, and the provisions of this Act providing for the holding of meetings of the committee apply to the meeting to the extent the provisions are consistent with the provisions of this subdivision. 64X Disciplinary hearing requirements (1) When conducting the disciplinary hearing, the licensing review committee-- (a) must comply with natural justice; and (b) must act as quickly and with as little formality and technicality as is consistent with appropriate consideration of the issues before it; and (c) is not bound by the rules of evidence; and (d) may inform itself of anything in the way it considers appropriate; and (e) may adjourn the hearing at any time to make further enquiries or for another purpose. (2) Also, the committee must-- (a) at the start of the hearing, tell the person-- (i) the facts and circumstances forming the basis for the committee's view that the ground mentioned in the preliminary notice and disciplinary hearing notice may exist for taking disciplinary action against the person; and (ii) what possible disciplinary action the committee may take against the person; and (b) if asked by the person--explain to the person any aspect of the committee's procedures or any decisions or rulings relating to the hearing; and (c) ensure the person has the fullest opportunity practicable to be heard. (3) The disciplinary hearing is not open to the public unless the committee otherwise decides. (4) At the disciplinary hearing, the committee may act in the absence of the person if it reasonably believes that the requirements of this Act for giving the holder the disciplinary hearing notice have been followed. 64Y Evidence and findings in other proceedings may be received or adopted During the disciplinary hearing the licensing review committee may-- (a) receive in evidence a transcript or part of a transcript of evidence taken in a proceeding before any disciplinary body or a court, tribunal or other entity constituted under the law of the State, the Commonwealth, another State or a foreign country and draw conclusions of fact from the evidence; or (b) adopt as it considers appropriate decisions, findings, judgements or reasons for judgement of a disciplinary body, court, tribunal or entity that may be relevant to the disciplinary hearing. 64Z Licensing review committee to keep record of disciplinary hearing (1) The licensing review committee must keep a record of evidence given to it for the disciplinary hearing. (2) However, the committee is not required to keep a transcript of the disciplinary hearing. (3) In this section-- evidence, given to the licensing review committee, includes information given and submissions made to the committee. 64ZA Decision about taking disciplinary action (1) As soon as practicable after completing the disciplinary hearing, the licensing review committee must-- (a) decide whether the ground mentioned in the preliminary notice and disciplinary hearing notice exists for taking disciplinary action against the person; and (b) if the committee decides that the ground exists for taking disciplinary action against the person--decide whether disciplinary action is to be taken, and if so, the details of the disciplinary action; and (c) give the person a written notice informing the person of what the committee has decided. (2) If the committee decides that disciplinary action is to be taken against the person, the written notice must include information notices for the committee's decisions under subsection (1)(a) and (b). (3) The disciplinary action takes effect on the day stated in the written notice for the disciplinary action to take effect. (4) The day stated in the written notice for the disciplinary action to take effect must be not earlier than the day the notice is given. (5) In this section-- information notice means written notice stating-- (a) the decision; and (b) the reasons for the decision; and (c) that the person may appeal against the decision under part 11. 65 Purposes of part The purposes of this part are to provide-- (a) for the election and entitlements of workplace health and safety representatives; and (b) the establishment of workplace health and safety committees; and (c) a process under which employers, principal contractors and workers identify and resolve issues affecting or that may affect the workplace health and safety of persons at workplaces. 66 Definitions for part In this part-- co-workers are workers who work at the same workplace for the same employer. union means an employee association registered, or taken to be registered, as an organisation under the Industrial Relations Act 1999. 67 Who is a workplace health and safety representative? (1) A workplace health and safety representative is a worker at a workplace who is elected as a workplace health and safety representative by the worker's co- workers at the workplace. (2) An employer can not appoint a workplace health and safety representative. (3) A worker does not need any experience or qualification to be a workplace health and safety representative. Note-- See section 81A for qualified workplace health and safety representatives. 68 How many workplace health and safety representatives can a workplace have? The workers at a workplace are entitled to elect 1 workplace health and safety representative for the workplace, but may, as a result of negotiations with their employer, elect more than 1 representative. 69 Workplace health and safety representative's area of representation (1) A workplace health and safety representative's area of representation is-- (a) the workplace; or (b) if a workplace has more than 1 representative--the area of representation negotiated with the representative's employer under section 70. (2) A workplace health and safety representative may exercise an entitlement under this part only for the workplace or the part of the workplace within the representative's area of representation. 70 Negotiation between workers and employer about workplace health and safety representatives (1) Workers at a workplace may negotiate with their employer about workplace health and safety representatives for the workplace, including, for example-- (a) the number of workplace health and safety representatives for the workplace; and (b) the extent to which the employer will facilitate the election of 1 or more workplace health and safety representatives for the workplace; and (c) if there is to be more than 1 workplace health and safety representative--each representative's area of representation; and (d) the intervals at which a workplace health and safety representative is entitled to conduct inspections; and (e) access by the representative to training designed to help the representative in the exercise of the representative's entitlements. Examples of subsection (1)(c)-- 1 all of the workplace during a particular time 2 a particular area of the workplace 3 a particular process done at the workplace (2) Workers may be represented during negotiations by the union of which they are members if they have told the employer that they want to be represented by their union. (3) To remove any doubt, it is declared that if the workers are members of more than 1 union, each of the unions asked may be involved in the negotiations. (4) The Queensland Industrial Relations Commission may hear and decide, as an industrial matter, an application by a person aggrieved by the failure of a negotiation under subsection (1). (5) Subsection (4) must be read with the Industrial Relations Act 1999. 71 Electing a workplace health and safety representative The workers may elect a workplace health and safety representative on their own initiative or at their employer's suggestion. 72 Workers to tell employer of intention to elect workplace health and safety representative If the workers decide to elect a workplace health and safety representative for the workplace, the workers-- (a) must tell their employer of the decision; and (b) may tell a union that has members who are workers at the workplace of the decision. 73 Employer to facilitate election of workplace health and safety representative if asked (1) An employer must, if asked by the employer's workers, facilitate an election of a workplace health and safety representative for the workplace. (2) The employer must tell all the employer's workers at the workplace of the pending election within 28 days after being asked to facilitate it. (3) The employer must facilitate the election within 2 months after being asked to do so. Maximum penalty--10 penalty units. (4) The employer complies with the requirement to facilitate an election if, at the least, the employer-- (a) does not hamper the election process; and (b) allows the employer's workers to conduct the election at the workplace during ordinary working hours. 74 Workers may ask union to conduct election of workplace health and safety representative (1) The workers may ask any union with members at the workplace to conduct the election of 1 or more workplace health and safety representatives for the workplace. (2) However, if a union agrees to conduct the election, it must conduct it for all workers at the workplace. 75 Employers to be told of elected workplace health and safety representatives A worker elected as a workplace health and safety representative must tell the worker's employer of the person's election as soon as practicable after being elected. 76 Employer must negotiate with workers if asked (1) An employer must, if asked by the employer's workers, negotiate with the workers about workplace health and safety representatives for the workplace. Maximum penalty--10 penalty units. (2) An employer must not exclude from the negotiations a union that has members who are workers at the workplace if the workers have told the employer that they want to be represented by the union. 77 Employer to help workplace health and safety representatives (1) An employer must consult a workplace health and safety representative about proposed changes to the workplace, or plant or substances used at the workplace, that affect, or may affect, the workplace health and safety of persons at the workplace. Maximum penalty--10 penalty units. (2) An employer must permit a workplace health and safety representative to make inspections allowed under section 81(2) or any negotiated agreement. Maximum penalty--10 penalty units. (3) An employer must not obstruct access by a workplace health and safety representative to training for the representative agreed under section 70(1) (e). Maximum penalty--10 penalty units. 78 Employer to tell workplace health and safety representatives about certain things (1) An employer must tell each workplace health and safety representative at the employer's workplace about the following things if they are within the representative's area of representation-- (a) any workplace incident happening at the workplace; (b) any proposed changes to the workplace, or plant or substances used at the workplace, that affect, or may affect, the workplace health and safety of persons at the workplace; (c) the presence of an inspector at the workplace if the representative is at the workplace; (d) a notice given by an inspector about a matter. (2) The employer must tell each representative as soon as practicable after the thing comes to the employer's knowledge. 79 Employer to display identity of workplace health and safety representatives (1) An employer must display, in accordance with this section, a notice advising the identity of each workplace health and safety representative for the workplace. Maximum penalty--10 penalty units. (2) The notice must be displayed within 5 days after the representative is elected. (3) If the workplace has only 1 workplace health and safety representative, a notice for the representative must be displayed in 1 or more conspicuous positions at the workplace in a way likely to come to the attention of workers at the workplace. (4) If the workplace has more than 1 workplace health and safety representative, a notice for a representative must be displayed in a conspicuous position in the part of the workplace covered by the representative's area of representation in a way likely to come to the attention of workers in that part. 80 Employer to tell new workers and display notices about workplace health and safety representatives' provisions (1) An employer must display in a conspicuous position at the workplace a notice in the approved form giving information about provisions under this division about workplace health and safety representatives. Maximum penalty--10 penalty units. (2) The employer must also tell new workers employed by the employer about workplace health and safety representatives and workplace health and safety committees for the workplace. Maximum penalty--10 penalty units. 81 Entitlements of workplace health and safety representatives (1) A workplace health and safety representative is entitled-- (a) to inspect the workplace or the part of the workplace within the representative's area of representation; and (b) to be told by the representative's employer of any workplace incident happening at the workplace; and (c) if a workplace incident has happened and an employer wishes to interview a worker about the incident--to be present at the interview if the worker asks that the representative be present; and (d) to review circumstances surrounding workplace incidents told to the representative by the employer; and (e) to advise the employer of the results of the review and to make recommendations arising out of the review; and (f) to be consulted by the employer on any proposed change to the workplace, or plant or substances used at the workplace, that affects, or may affect, the workplace health and safety of persons at the workplace; and (g) to help in the resolution of workplace health and safety issues within the representative's area of representation; and (h) to be told by the employer of the presence of an inspector at the workplace if the representative is at the workplace; and (i) to report orally or in the approved form to the employer or workplace health and safety officer an issue that in the representative's opinion affects, or may affect, the workplace health and safety of persons at the workplace; and (j) to seek the employer's cooperation in remedying the issue and, if the issue is not remedied to the representative's satisfaction, to report the issue to an inspector; and (k) to report orally or in the approved form to an inspector an issue that-- (i) has been reported previously to the employer or workplace health and safety officer; and (ii) has not been satisfactorily remedied within a reasonable time; and (l) to ask the employer to establish a workplace health and safety committee for the workplace; and (m) to be a member of a workplace health and safety committee; and (n) to exercise other entitlements prescribed under a regulation; and (o) to attend a training course prescribed under a regulation, and refresher courses for the training course, and to have all reasonable costs of the representative's attendance at the courses, including course fees and the representative's usual remuneration, met by the employer; and (p) for a qualified workplace health and safety representative--to give a person in the representative's area of representation a provisional improvement notice. (2) Inspections may be conducted at weekly intervals or other intervals negotiated between the employer and the employer's workers. (3) An employer must allow a workplace health and safety representative to exercise the representative's entitlements during the representative's ordinary working hours. (4) Subsection (1)(k) does not limit the right of any other worker at the workplace to report to an inspector an issue that in the worker's opinion affects, or may affect, the workplace health and safety of persons at the workplace. 81A Who is a qualified workplace health and safety representative For this subdivision, a qualified workplace health and safety representative is a workplace health and safety representative who has completed a training course approved by the chief executive that includes training in the giving of provisional improvement notices. 81B Provisional improvement notices (1) This section applies if a qualified workplace health and safety representative reasonably believes that a person within the representative's area of representation-- (a) is contravening a provision of this Act; or (b) has contravened a provision in circumstances that make it likely that the contravention will continue or be repeated. (2) The qualified workplace health and safety representative may give the person a written notice (a provisional improvement notice) requiring the person to remedy the contravention or likely contravention. 81C Consultation required before issue of provisional improvement notice Before giving a provisional improvement notice to a person, a qualified workplace health and safety representative must consult with the person about remedying the contravention or likely contravention. 81D Contents of provisional improvement notice A provisional improvement notice must state the following in relation to a contravention of this Act-- (a) that the qualified workplace health and safety representative believes the person-- (i) is contravening a provision of this Act; or (ii) has contravened a provision in circumstances that make it likely that the contravention will continue or be repeated; (b) the provision the representative believes is being, or has been, contravened; (c) how the provision is being, or has been, contravened; (d) a day, at least 8 days after the day the notice is given, before which the person is required to remedy the contravention or likely contravention. 81E Provisional improvement notice may state measures to remedy contravention A provisional improvement notice may state measures to be taken to remedy the contravention or likely contravention. 81F What person given provisional improvement notice must do A person given a provisional improvement notice must-- (a) if the person is a worker--bring the notice to the attention of the relevant person for the worker; or (b) if the person is not a worker-- (i) bring the notice to the attention of each other person whose work is affected by the notice; and (ii) if possible, display a copy of the notice, while it is in force, in a conspicuous position in the part of the workplace covered by the qualified workplace health and safety representative's area of representation. Maximum penalty--20 penalty units. 81G Compliance with provisional improvement notice A person given a provisional improvement notice must comply with the notice, unless an inspector is asked to enquire into the circumstances relating to the giving of the notice under section 81H(1). Maximum penalty--40 penalty units. 81H Request for inspector to enquire into giving of provisional improvement notice (1) Within 7 days after a provisional improvement notice is given to a person-- (a) the person given the notice; or (b) if the person given the notice is a worker--the relevant person for the worker; may ask the chief executive to arrange for an inspector to attend the workplace to enquire into the circumstances relating to the giving of the notice. (2) The operation of the notice is suspended until the inspector completes the inspector's enquiry. (3) A qualified workplace health and safety representative may ask the chief executive to arrange for an inspector to attend the workplace to enquire into the circumstances relating to the giving of the notice if-- (a) the person given the notice has not complied with the notice within the time stated in the notice; and (b) subsection (1) does not apply. 81I Attendance of inspector in relation to provisional improvement notice (1) As soon as practicable after the request is made, the chief executive must arrange for an inspector to-- (a) attend the workplace; and (b) enquire into the circumstances relating to the giving of the provisional improvement notice. (2) The inspector must-- (a) enquire into the circumstances relating to the giving of the provisional improvement notice; and (b) by written notice given to the qualified workplace health and safety representative who gave the notice and to the person given the notice, do 1 of the following-- (i) affirm the provisional improvement notice; (ii) affirm the provisional improvement notice with changes; (iii) cancel the provisional improvement notice. (3) The notice given by the inspector must state-- (a) the decision; and (b) the reason for the decision; and (c) that the person may apply within 14 days for the decision to be reviewed; and (d) how the person may apply for the review. (4) A person given a provisional improvement notice that is affirmed by an inspector must comply with the notice within the time stated by the inspector in the notice given by the inspector. Maximum penalty for subsection (4)--40 penalty units. 81J Service of provisional improvement notice (1) A provisional improvement notice may be given to a person by leaving it for the person at the workplace to which the notice relates with a person who is apparently-- (a) at least 16 years old; and (b) is, or appears to be, the person in control of the workplace or the work to which the contravention relates. (2) Subsection (1) does not limit the Acts Interpretation Act 1954, section 39. 81K Formal irregularities or defects in provisional improvement notice A provisional improvement notice is not invalid merely because of-- (a) a formal defect or irregularity in the notice, unless the defect or irregularity is misleading or causes or is likely to cause substantial injustice; or (b) a failure to use the correct name of the person to which the notice is given, if the notice sufficiently identifies the person and is given to the person in accordance with section 81J or the Acts Interpretation Act 1954, section 39. 81L Qualified workplace health and safety representative may cancel provisional improvement notice at any time A qualified workplace health and safety representative may at any time cancel a provisional improvement notice given to a person by written notice given to the person. 81M Proceeding for offence not affected by provisional improvement notice The giving, variation or cancellation of a provisional improvement notice does not affect a proceeding for an offence against this Act for a matter in relation to which the notice was given. 81N Application to suspend or cancel (1) This section applies if the chief executive or the relevant person in a qualified workplace health and safety representative's area of representation reasonably believes that the representative has unreasonably given a provisional improvement notice to a person. (2) The chief executive or the relevant person may apply to the industrial commission to suspend or cancel the representative's entitlement to give a provisional improvement notice. 81O Decision on application may be given on the papers or at a hearing The industrial commission may decide whether or not to take action on an application under section 81N entirely or partly from a consideration of the documents filed. 81P Applications decided on the papers (1) This section applies if the industrial commission decides to decide the application after a consideration of the documents filed and without a hearing. (2) The industrial commission must give the applicant and the representative a written notice stating-- (a) the industrial commission is considering whether to suspend or cancel the qualified workplace health and safety representative's entitlement to give a provisional improvement notice (the proposed action); and (b) the reason for the proposed action; and (c) if the proposed action is suspension of the entitlement--the proposed suspension period; and (d) an invitation-- (i) to the representative to show in writing, within a stated time of at least 14 days after the date of the notice, why the proposed action should not be taken; and (ii) to the applicant to comment in writing, within a stated time of at least 14 days after the date of the notice, on the appropriateness of the proposed action. (3) The industrial commission may take action under subsection (4) if, after considering all documents filed in the application and all written submissions made within the time allowed under subsection (2)(d), the industrial commission-- (a) is satisfied, on the balance of probabilities, that the representative has unreasonably given a provisional improvement notice to a person; and (b) considers the representative's entitlement to give a provisional improvement notice should be suspended or cancelled. (4) The industrial commission may-- (a) if the proposed action is to suspend the entitlement--suspend the entitlement for no longer than the proposed suspension period; or (b) if the proposed action is to cancel the entitlement--cancel the entitlement or suspend it for a period. (5) The industrial commission must give the applicant and the representative a written notice stating-- (a) the decision; and (b) the reasons for the decision; and (c) that the applicant or the authorised representative may appeal against the decision under part 11. (6) In this section-- applicant means-- (a) if the application under section 81N is made by the chief executive--the chief executive; or (b) if the application under section 81N is made by a relevant person--the relevant person and the chief executive. 81Q Applications decided at a hearing (1) This section applies if the industrial commission decides to decide the application at a hearing. (2) The industrial commission must give the applicant and the representative at least 14 days notice of the hearing date. (3) To the extent practicable, the hearing is to be conducted under the rules applying to hearings of the industrial commission under the Industrial Relations Act 1999 with necessary changes or, if the rules make no provision or insufficient provision, in accordance with directions of the industrial commission. (4) The industrial commission may take action under subsection (5) if, after considering the evidence and submissions in relation to the application, the industrial commission-- (a) is satisfied, on the balance of probabilities, that the representative has unreasonably given a provisional improvement notice to a person; and (b) considers the representative's entitlement to give a provisional improvement notice should be suspended or cancelled. (5) The industrial commission may-- (a) suspend the entitlement for a stated period; or (b) cancel the entitlement. (6) The industrial commission must give the applicant and the representative a written notice stating-- (a) the decision; and (b) the reasons for the decision; and (c) that the applicant or the representative may appeal against the decision under part 11. (7) In this section-- applicant means-- (a) if the application under section 81N is made by the chief executive--the chief executive; or (b) if the application under section 81N is made by the relevant person--the relevant person and the chief executive. 82 Election of a workplace health and safety representative not to diminish employer's obligations An employer's workplace health and safety obligations are not diminished by-- (a) the election of a workplace health and safety representative; or (b) any act or omission of a worker acting in the capacity of workplace health and safety representative. 83 Workplace health and safety representatives may be re-elected A workplace health and safety representative is eligible for re-election. 84 Term as workplace health and safety representative A worker elected as a workplace health and safety representative is a workplace health and safety representative for a term of 2 years from the day the worker was elected. 85 Ceasing to be a workplace health and safety representative or a qualified workplace health and safety representative (1) A worker stops being a workplace health and safety representative if the worker-- (a) tells the worker's employer that the worker resigns as workplace health and safety representative; or (b) stops being a worker at the workplace. (2) A worker stops being a qualified workplace health and safety representative if the worker stops being a workplace health and safety representative. 86 Workplace health and safety committees (1) An employer or principal contractor may establish a workplace health and safety committee for a workplace. (2) An employer or principal contractor must establish a workplace health and safety committee for a workplace if-- (a) a workplace health and safety representative for the workplace asks the representative's employer or the principal contractor to establish a committee; or (b) for a workplace where work of a particularly hazardous nature is carried out--the chief executive directs by written notice given to the employer or principal contractor. (3) An employer or principal contractor must establish the workplace health and safety committee within 28 days of the request or direction. Maximum penalty--10 penalty units. (4) However, if a workplace health and safety officer is appointed for a workplace, the principal contractor must establish the workplace health and safety committee within 7 days of the appointment. Maximum penalty--10 penalty units. (5) More than 1 committee may be established for a workplace. 87 Membership of committee (1) A workplace health and safety committee for a workplace consists of at least 2 members. (2) The members are-- (a) any workplace health and safety officer and workplace health and safety representative for the workplace; and (b) other members negotiated by the employer, any principal contractor, and workers at the workplace. (3) A committee member must be an employer, principal contractor or worker at the workplace. (4) At least half the committee members must be workers other than workers nominated by the employer or principal contractor. (5) Workers may be represented during negotiations by the union of which they are members if they have told the employer or principal contractor that they want to be represented by their union. (6) To remove any doubt, if the workers are members of more than 1 union, each of the unions asked may be involved in the negotiations. 88 Times of meetings (1) Meetings of a workplace health and safety committee are to be held at the times it decides. (2) The times the committee are to meet are issues to be negotiated between the employer or principal contractor and the committee members. (3) However, the committee may meet during ordinary working hours at the workplace and must meet at least once every 3 months. (4) Also, the committee must meet when asked by the member who is the workplace health and safety officer. 89 Proceedings at meetings A workplace health and safety committee may conduct its proceedings in the way it decides. 90 Functions of workplace health and safety committees (1) The primary function of a workplace health and safety committee is to assist cooperation between employer, principal contractor and worker in developing and carrying out measures to ensure workplace health and safety at a workplace. (2) Also, a workplace health and safety committee may give information and advice to an employer or principal contractor about workplace health and safety. (3) Without limiting subsections (1) and (2), a committee may seek to discharge its functions by-- (a) encouraging and maintaining at the workplace an active interest in workplace health and safety; and (b) considering measures for training and educating persons at the workplace about workplace health and safety issues; and (c) telling workers about the formulation, review and distribution (in appropriate languages) of standards, rules and procedures about workplace health and safety at the workplace; and (d) reviewing the circumstances surrounding workplace incidents referred to the committee for review; and (e) telling the employer or principal contractor of the results of the review and making recommendations arising out of the review; and (f) helping in the resolution of issues about workplace health and safety at the workplace. 90A Purpose of part The purpose of this part is to provide authorised representatives of employee organisations with a capacity to contribute to workplace health and safety in workplaces and relevant workplace areas. 90B Definitions for part In this part-- authorised representative means a person appointed as an authorised representative under section 90D. eligible member, of an employee organisation, means a person who is, or is eligible to be, a member of the employee organisation. employee organisation means-- (a) an employee organisation under the Industrial Relations Act 1999; or (b) an organisation of employees under the Workplace Relations Act 1996 (Cwlth). 90C Application for appointment as authorised representative (1) An employee organisation may apply, in the approved form, to the industrial registrar for appointment of a person as an authorised representative for the employee organisation. (2) An employee organisation must not apply for appointment of a person as an authorised representative unless the person is an employee of, or holds an office with, the employee organisation. Maximum penalty--40 penalty units. (3) A regulation may prescribe matters for an application under subsection (1), including, for example, documents required to support the application. 90D Appointment of authorised representative (1) The industrial registrar may appoint a person as an authorised representative for an employee organisation, for a specified term of not more than 3 years, if-- (a) the person is an employee of, or holds an office with, the employee organisation; and (b) the person has satisfactorily finished training approved by the chief executive for this section; and (c) the industrial commission has not, within the previous 3 years, cancelled an appointment of the person as an authorised representative. (2) The industrial registrar may appoint the person as an authorised representative for the employee organisation-- (a) for the first appointment--if the person has satisfactorily finished the training mentioned in subsection (1)(b) within the previous 3 years; or (b) for each later appointment--if the person has satisfactorily finished the training mentioned in subsection (1)(b) within the previous 6 years. (3) The industrial registrar may impose conditions on the appointment of a person as an authorised representative. (4) To remove any doubt, it is declared that more than 1 person may be appointed as an authorised representative for an employee organisation. (5) Also, it is declared that training approved for this section for a person's appointment as an authorised representative may be training that was available, and had been undertaken by the person, before the commencement of this section. 90E Limitation of authorised representative's powers The powers of an authorised representative may be limited-- (a) under a regulation; or (b) by a condition of appointment imposed under section 90D or amended under section 90Q(4)(a) or 90R(5)(a). 90F Authorised representative's appointment conditions (1) A person is appointed as an authorised representative on the conditions stated in the instrument of appointment under section 90D or to which the person is subject under section 90Q(4)(a) or 90R(5)(a). (2) A person's appointment as an authorised representative ends when whichever of the following first happens-- (a) the person's term of appointment ends; (b) the person stops being an employee of, or holding office with, the employee organisation stated in the person's instrument of appointment; (c) the person's appointment is cancelled under section 90Q or 90R; (d) the person, or the employee organisation for whom the person is an authorised representative, surrenders the person's identity card by returning it, with a notice of surrender, to the industrial registrar. 90G Employee organisation must give notice (1) This section applies if an authorised representative for an employee organisation stops being an employee of, or holding office with, the employee organisation. (2) As soon as reasonably practicable, but not more than 14 days afterwards, the employee organisation must give the industrial registrar written notice of that happening. Maximum penalty--40 penalty units. 90H Authorised representative's identity card (1) The industrial registrar must give each authorised representative an identity card. (2) The identity card must-- (a) contain a recent photo of the authorised representative; and (b) be signed by the authorised representative; and (c) identify the person as a person appointed as an authorised representative under this part; and (d) state an expiry date. (3) An authorised representative must return the person's identity card to the industrial registrar as soon as possible, but within 21 days, after-- (a) the person stops being an authorised representative; or (b) the person's appointment as an authorised representative is suspended under this part; unless the person has a reasonable excuse. Maximum penalty for subsection (3)--10 penalty units. 90I Powers if a suspected contravention of the Act involves workplace health and safety (1) An authorised representative for an employee organisation may enter a place if-- (a) the place is a workplace or a relevant workplace area; and (b) a worker working at the place is an eligible member of the employee organisation; and (c) the authorised representative reasonably suspects that a contravention of the Act involving workplace health and safety has happened or is happening at the place that relates to or affects an eligible member of the employee organisation at the place. (2) After entering the place, the authorised representative may-- (a) inspect any plant, substance or other thing at the place relevant to the suspected contravention mentioned in subsection (1)(c); or (b) observe work carried on at the place; or (c) speak to a person, with the person's consent, who is an eligible member of the employee organisation; or (d) speak to the occupier of the place about anything relevant to the suspected contravention mentioned in subsection (1)(c); or (e) require the production for inspection of documents, including employment records, relevant to the suspected contravention mentioned in subsection (1)(c); or (f) copy a document at the place relevant to the suspected contravention mentioned in subsection (1)(c); or (g) require the occupier to give the authorised representative reasonable help to exercise the authorised representative's powers under paragraphs (a) to (f). (3) A person required to give reasonable help under subsection (2)(g) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty--40 penalty units. (4) If the requirement is to be complied with by the person giving information, or producing a document, it is a reasonable excuse for the person, if the person is an individual, to fail to comply with the requirement, if complying with the requirement might tend to incriminate the person. (5) In this section-- employment records means a record relating to the employment of a worker-- (a) setting out the type of industrial instrument regulating the employment of the worker; or (b) relating to any of the following matters-- (i) hours of work; (ii) overtime; (iii) remuneration or other benefits; (iv) leave; (v) superannuation contributions; (vi) termination of employment; (vii) type of employment, including whether the employment is permanent, temporary, casual, full-time or part-time; (viii) personal details of the worker; (ix) another matter prescribed under a regulation. 90J Powers for discussing workplace health and safety (1) An authorised representative for an employee organisation may enter a place for the purpose of discussing matters relating to workplace health and safety at the place with a worker at the place if-- (a) the place is a workplace or a relevant workplace area; and (b) a worker working at the place is an eligible member of the employee organisation. (2) After entering the place, the authorised representative may discuss matters relating to workplace health and safety at the place with a worker who-- (a) is an eligible member of the employee organisation; and (b) wishes to take part in the discussion. (3) A discussion mentioned in subsection (2) may take place only when the worker is on a work break, including a meal break. 90K Notice of entry or exercise of particular power (1) This section applies for the entry into a place under this part by an authorised representative. (2) The authorised representative must give the occupier of the place written notice of the entry and the reasons for the entry-- (a) for entry under section 90J--at least 24 hours before the entry; or (b) otherwise--as soon as practicable after the entry. (3) For entry in any case, the authorised representative must, as soon as practicable after entry, tell the occupier of his or her presence. (4) For the exercise of the power to inspect, or produce, documents that are employment records on entry under section 90I, the authorised representative must at least 24 hours before exercising the power, give the occupier written notice of his or her intention to exercise the power and the reasons for the exercise of the power. 90L Production of authorised representative's identity card An authorised representative must not remain at a place entered under this part if the authorised representative does not produce the authorised representative's identity card for inspection if required by the occupier of the place. 90M When powers may not be exercised (1) An authorised representative must not, under this part-- (a) enter any part of a place that is used as domestic premises, without the consent of the occupier of the place; or (b) enter any part of a place, or exercise any power at the place, if, under another Act, the authorised representative is not permitted to enter the part of the place or exercise the power at the place. (2) An authorised representative must not enter or remain at a place, under this part, if-- (a) the occupier of the place requests the authorised representative to comply with a workplace health and safety requirement that applies to the place; and (b) the request is a reasonable request; and (c) the authorised representative fails to comply with the request. Example of an unreasonable request-- requiring an authorised representative to undertake a site-specific induction if the authorised representative would normally be accompanied on the site by someone who had undertaken the induction 90N Conduct of authorised representative (1) An authorised representative for an employee organisation must not, while acting or purporting to act under this part-- (a) unreasonably hinder or obstruct a worker or other person at a workplace or relevant workplace area; or (b) intimidate or threaten a worker or other person at a workplace or relevant workplace area. (2) An authorised representative for an employee organisation may exercise or purport to exercise a power under this part only for a purpose relating to the workplace health and safety of an eligible member of the employee organisation. (3) Also, an authorised representative for an employee organisation may use or disclose information acquired at a place under this part only-- (a) for a purpose relating to the workplace health and safety of an eligible member of the employee organisation; or (b) with the consent of the person to whom the information relates. Example of information-- information from employment records Note-- A contravention of this section is not an offence. However, it may result in suspension or cancellation of the authorised representative's appointment or an amendment of a condition of the appointment. 90O Application to suspend or cancel appointment, or amendment of conditions of appointment The following persons may apply to the industrial commission to suspend or cancel the appointment of an authorised representative for an employee organisation, or amend the conditions of the appointment-- (a) the chief executive; (b) an occupier of a place entered into by an authorised representative. 90P Decision on application may be given on the papers or at a hearing The industrial commission may decide whether or not to take action on an application under section 90O entirely or partly from a consideration of the documents filed. 90Q Applications decided on the papers (1) This section applies if the industrial commission decides to decide the application after a consideration of the documents filed and without a hearing. (2) The industrial commission must give the applicant, the authorised representative and the employee organisation a written notice stating-- (a) the industrial commission is considering whether to suspend or cancel the authorised representative's appointment or to amend the conditions of the appointment (the proposed action); and (b) the reason for the proposed action; and (c) if the proposed action is amendment of a condition of the appointment, the proposed amendment; and (d) if the proposed action is suspension of the appointment, the proposed suspension period; and (e) an invitation-- (i) to the authorised representative to show in writing, within a stated time of at least 14 days after the date of the notice, why the proposed action should not be taken; and (ii) to the applicant to comment in writing, within a stated time of at least 14 days after the date of the notice, on the appropriateness of the proposed action. (3) The industrial commission may take action under subsection (4) if, after considering all documents filed in the application and all written submissions made within the time allowed under subsection (2)(e), the industrial commission-- (a) is satisfied, on the balance of probabilities, that the authorised representative has contravened a provision of this part or a condition of the appointment; and (b) considers the appointment should be suspended or cancelled or a condition amended. (4) The industrial commission may-- (a) if the proposed action is to amend a condition of the appointment--amend the condition of the appointment in the way stated in the notice; or (b) if the proposed action is to suspend the appointment--suspend the appointment for no longer than the proposed suspension period; or (c) if the proposed action is to cancel the appointment--cancel the appointment or suspend it for a period. (5) The industrial commission must give the applicant, the authorised representative and the employee organisation a written notice stating-- (a) the decision; and (b) the reasons for the decision; and (c) that the applicant, the authorised representative or the employee organisation may appeal against the decision under part 11. (6) In this section-- applicant means-- (a) if the application under section 90O was made by the chief executive--the chief executive; or (b) if the application under section 90O was made by an occupier of a place entered into by an authorised representative--the occupier and the chief executive. 90R Applications decided at a hearing (1) This section applies if the industrial commission decides to decide the application at a hearing. (2) The industrial commission must give the applicant, the authorised representative and the employee organisation at least 14 days notice of the hearing date. (3) To the extent practicable, the hearing is to be conducted under the rules applying to hearings of the industrial commission under the Industrial Relations Act 1999 with necessary changes or, if the rules make no provision or insufficient provision, in accordance with directions of the industrial commission. (4) The industrial commission may take action under subsection (5) if, after considering the evidence and submissions in relation to the application, the industrial commission-- (a) is satisfied, on the balance of probabilities, that the authorised representative has contravened a provision of this part or a condition of the appointment; and (b) considers the appointment should be suspended or cancelled or a condition amended. (5) The industrial commission may-- (a) amend the condition of the appointment; or (b) suspend the appointment for a stated period; or (c) cancel the appointment. (6) The industrial commission must give the applicant, the authorised representative and the employee organisation a written notice stating-- (a) the decision; and (b) the reasons for the decision; and (c) that the applicant, the authorised representative or the employee organisation may appeal against the decision under part 11. (7) In this section-- applicant means-- (a) if the application under section 90O was made by the chief executive--the chief executive; or (b) if the application under section 90O was made by an occupier of a place entered into by an authorised representative--the occupier and the chief executive. 90S Definition for div 6 In this division-- full bench means the full bench of the industrial commission constituted by 3 or more members of the commission including at least 1 presidential member other than the president of the commission. 90T Notice of dispute (1) This section applies if-- (a) a dispute exists between an authorised representative for an employee organisation and the occupier of a place about the exercise or purported exercise of a power under this part; and (b) the dispute remains unresolved after the parties have genuinely attempted to settle the dispute. (2) A notice of the dispute may be given to the industrial registrar by-- (a) either party to the dispute; or (b) an inspector; or (c) the chief executive. (3) The notice-- (a) may be given by letter, fax, email, or other means of written communication; and (b) must state-- (i) the names of the parties to the dispute; and (ii) the place where the dispute exists; and (iii) the subject matter of the dispute; and (iv) the contact details for all of the parties to the dispute; and (v) if the notice is given by an inspector or the chief executive--the name and contact details of an inspector; and (vi) anything else required under the rules. 90U Action on dispute (1) This section applies if notice of a dispute has been given by a party under section 90T(2). (2) The industrial commission may take the steps it considers appropriate for the prompt settlement or resolution of the dispute, by-- (a) conciliation in the first instance; and (b) if the commission considers conciliation has failed and the parties are unlikely to resolve the dispute--arbitration. (3) Without limiting subsection (2), the industrial commission may do 1 or more of the following-- (a) make orders, or give directions, of an interlocutory nature; (b) make orders or exercise the powers of the commission that the commission considers appropriate for the settlement or resolution of the dispute; (c) make any order or decision the commission considers appropriate under section 90Q or 90R. 90V Compulsory conference (1) This section applies if the industrial commission, when taking action under section 90U, considers that holding a conference is desirable to settle or resolve the dispute. (2) The commission may, by attendance notice, require a person to attend a conference at a stated time and place. (3) A person may be required to attend even though not directly involved in the dispute, if the commission considers the person's presence would be conducive to the settlement or resolution of the dispute. (4) A person required to attend under subsection (2) or (3) must-- (a) attend the conference at the stated time and place; and (b) continue to attend as directed by the commission. Maximum penalty--40 penalty units. (5) A person required to attend under subsection (3) is entitled to be paid by the State an amount certified by the commission as reasonable compensation for the person's expenses and loss of time. (6) At the commission's discretion, a conference may be held-- (a) in public or private; or (b) partly in public and partly in private. (7) In this section-- attendance notice see the Industrial Relations Act 1999, schedule 5. 90W Enforcing commission's orders (1) The industrial commission may direct an order or decision to settle or resolve a dispute to-- (a) a party to the dispute; or (b) an employee organisation. (2) If an order may be directed to an employee organisation or a person, the commission may direct the order to the person only after considering whether it would be more appropriate to direct the order to the organisation. (3) An order must-- (a) if the order is made against a person--state the person's name; and (b) state a time for complying with the order; and (c) direct any of the following to file an affidavit with the industrial registrar within a stated time-- (i) the employee organisation or person; (ii) the party to the proceedings who sought the order; (iii) any other party to the proceedings the commission considers appropriate. (4) An affidavit under subsection (3)(c) must state whether there has been compliance with the order and, if the order has not been complied with, the steps the person is aware of that have been taken to comply. (5) The commission may extend a time stated under subsection (3)(b) or (c). (6) At the end of the time stated for filing an affidavit, or the time as extended by the commission, the industrial registrar must, in order to decide whether there has been substantial compliance with the order-- (a) examine all affidavits filed; and (b) if all affidavits required to be filed have not been filed in the stated time--make all necessary further inquiries. (7) If the industrial registrar is not satisfied that there has been substantial compliance with the order, the registrar must issue a notice under the Industrial Relations (Tribunals) Rules 2000 calling on the employee organisation or person to whom the order was directed to show cause to the full bench at a stated time why the organisation or person should not be dealt with under section 90X. 90X Remedies on show cause notice (1) If an employee organisation issued with the notice does not show cause at the stated time, the full bench may do 1 or more of the following-- (a) impose on the organisation a penalty of not more than 1000 penalty units; (b) make the other orders it considers appropriate to secure the organisation's compliance with the commission's order; or (c) order the organisation to pay the costs of the show cause proceedings. (2) If a person issued with the notice does not show cause at the stated time, the full bench may do 1 or more of the following-- (a) impose on the person a penalty of-- (i) for a corporation--not more than 1000 penalty units; or (ii) for an individual--not more than 40 penalty units; (b) make any order or decision it considers appropriate under section 90Q or 90R; (c) make the other orders it considers appropriate to secure the person's compliance with the commission's order; or (d) order the person to pay the costs of the show cause proceedings. (3) All persons concerned must comply with an order or direction made or given by the full bench. (4) In this section-- organisation includes a branch of the organisation. stated time means at the time stated in the notice to show cause under section 90W(7), or at a time to which the proceedings are adjourned. 90Y Disobeying penalty orders (1) A person must obey a penalty order, unless the person has a reasonable excuse. Maximum penalty--the penalty provided for in the order. (2) In this section-- penalty order means an order of the full bench under this division that provides for payment of a penalty if the order is disobeyed. 91 Purpose of part The purpose of this part is to provide for the appointment and functions of workplace health and safety officers. 92 Meaning of qualified person In this part-- qualified person means a person who holds a certificate of authority prescribed under a regulation for appointment as a workplace health and safety officer. 93 Appointment of workplace health and safety officer by employer (1) An employer must appoint a qualified person as workplace health and safety officer for a workplace prescribed under a regulation if 30 or more workers are normally employed at the workplace. Maximum penalty--20 penalty units. Example of subsection (1)-- If, at a workplace, an employer normally employs 5 workers on Tuesdays, Wednesdays and Thursdays, but 30 workers in 3 shifts of 10 workers on Mondays and Fridays, the employer must appoint a workplace health and safety officer for the workplace if it is a workplace of a type prescribed under a regulation. (2) Subsection (1) does not limit the ability of an employer to appoint a qualified person as a workplace health and safety officer for a workplace in other circumstances. (3) An employer who is a qualified person may appoint himself or herself as workplace health and safety officer for the workplace. (4) An employer may, with the chief executive's written approval, appoint a qualified person to be the workplace health and safety officer for more than 1 workplace if the person can reasonably perform the person's functions as workplace health and safety officer for each workplace. (5) In this section-- 30 or more workers are normally employed at the workplace means, during the current year, at least 30 workers are employed, or are likely to be employed, at the workplace for a total of any 40 days during the year. 94 Appointment of workplace health and safety officer by principal contractor (1) A principal contractor must appoint a qualified person as workplace health and safety officer-- (a) if 30 or more persons work at the workplace during any 24 hour period; or (b) if the principal contractor built at least 30 domestic premises during the previous financial year; or (c) in another circumstance prescribed under a regulation. Maximum penalty--20 penalty units. (2) Subsection (1) does not limit the ability of a principal contractor to appoint a qualified person as workplace health and safety officer in other circumstances. (3) A principal contractor who is a qualified person may appoint himself or herself as workplace health and safety officer. (4) A principal contractor may, with the chief executive's written approval, appoint a qualified person under subsection (1)(a) to be the workplace health and safety officer for more than 1 workplace if the person can reasonably perform the person's functions as workplace health and safety officer for each workplace. 95 Employer and principal contractor to display identity of workplace health and safety officer (1) An employer or principal contractor must display, in accordance with this section, a notice advising the identity of the workplace health and safety officer for the workplace. Maximum penalty--10 penalty units. (2) The notice must be displayed within 5 days after the officer is appointed. (3) The notice must be displayed in 1 or more conspicuous positions at the workplace in a way likely to come to the attention of workers at the workplace. 96 Functions of workplace health and safety officers A workplace health and safety officer has the following functions-- (a) to tell the employer or principal contractor about the overall state of health and safety at the workplace; (b) to conduct inspections at the workplace to identify any hazards and unsafe or unsatisfactory workplace health and safety conditions and practices; (c) to report in writing to the employer or principal contractor any hazard or unsafe or unsatisfactory workplace health and safety practice identified during inspections; (d) to establish appropriate educational programs in workplace health and safety; (e) to investigate, or assist in the investigation of, all workplace incidents at the workplace; (f) to help inspectors in the performance of the inspectors' duties; (g) if any workplace incident or immediate risk to workplace health and safety at the workplace happens--to report the incident or risk to the employer or principal contractor; (h) another function prescribed under a regulation. 96A Assessment function (1) A workplace health and safety officer has the function, at the specified intervals for the workplace, of-- (a) conducting an assessment at the workplace to identify any hazards and unsafe or unsatisfactory workplace health and safety conditions and practices; and (b) complying with subsections (2) to (4) in relation to the assessment. (2) In conducting the assessment, the workplace health and safety officer must use-- (a) if there is a workplace health and safety committee established at the workplace-- (i) workplace health and safety criteria approved by the chief executive; or (ii) workplace health and safety criteria agreed to by the committee; or (b) otherwise--workplace health and safety criteria approved by the chief executive. (3) The workplace health and safety officer must record-- (a) the results of the assessment; and (b) actions the officer recommends be taken to rectify hazards, and unsafe or unsatisfactory workplace health and safety conditions and practices, identified in the assessment. (4) The workplace health and safety officer must, within 30 days after the assessment is completed, give a copy of the matters recorded under subsection (3) to each of the following-- (a) if there is a workplace health and safety committee established at the workplace--the committee; (b) the employer or principal contractor. (5) This section does not apply to a workplace if this Act does not require the appointment of a workplace health and safety officer for the workplace. (6) This section does not limit section 96. (7) In this section-- specified intervals, for a workplace, means-- (a) if there is a workplace health and safety committee established at the workplace--the intervals agreed between the officer and the committee; or (b) if there is no workplace health and safety committee established at the workplace, or if there is a committee established, but the officer and the committee can not agree--at least once every 12 months. 97 Employer and principal contractor to help workplace health and safety officer etc. (1) An employer or principal contractor must do each of the following-- (a) provide information in the employer's or principal contractor's possession about risks to the workplace health and safety of workers and other persons from workplaces, relevant workplace areas, workplace activities, or plant or substances for use at a relevant place to the workplace health and safety officer; (b) include the workplace health and safety officer at any interview about workplace health and safety between the employer and a worker, if the worker agrees; (c) consult the workplace health and safety officer on any proposed change to the workplace that affects, or may affect, workplace health and safety at the workplace; (d) help the workplace health and safety officer to seek appropriate advice on issues that affect, or may affect, workplace health and safety at the workplace; (e) allow the workplace health and safety officer to conduct workplace inspections and assessments during normal working hours; (f) provide resources to the workplace health and safety officer to allow the officer to properly exercise the officer's functions under this Act; (g) take appropriate action to rectify any identified unsafe workplace health and safety conditions and practices; (h) take all reasonable steps to ensure the workplace health and safety officer performs the person's function under section 96A; (i) keep anything given to the employer or principal contractor by the workplace health and safety officer under section 96(c) or 96A(4) for 5 years after it is given. Maximum penalty--10 penalty units. (2) An employer or principal contractor may instruct the workplace health and safety officer on action to be taken to ensure workplace health and safety at the workplace. 98 Appointment of workplace health and safety officer not to diminish employer's obligations An employer's or principal contractor's workplace health and safety obligations are not diminished by-- (a) the appointment of a workplace health and safety officer; or (b) any act or omission of a person acting in the capacity of workplace health and safety officer. 99 Appointment The chief executive may appoint a person as an inspector if-- (a) the chief executive considers the person has the necessary expertise or experience to be an inspector; or (b) the person has satisfactorily finished training approved by the chief executive for this section. 100 Limitation of inspector's powers (1) An inspector is subject to the chief executive's directions in exercising the inspector's powers. (2) The powers of an inspector may be limited-- (a) under a regulation; or (b) under a condition of appointment; or (c) by written notice given by the chief executive to the inspector. 101 Inspector's appointment conditions (1) An inspector holds office on the conditions stated in the instrument of appointment. (2) An inspector-- (a) if the appointment provides for a term of appointment--ceases holding office at the end of the term; and (b) if the conditions of appointment provide--ceases holding office on ceasing to hold another office stated in the appointment conditions (the main office); and (c) may resign by signed notice of resignation given to the chief executive. (3) However, an inspector may not resign from the office under this Act (the secondary office) if a term of employment to the main office requires the inspector to hold the secondary office. 102 Inspector's identity card (1) The chief executive must give each inspector an identity card. (2) The identity card must-- (a) contain a recent photo of the inspector; and (b) be signed by the inspector; and (c) identify the person as an inspector for this Act. (3) A person who stops being an inspector must return the person's identity card to the chief executive as soon as possible (but within 21 days) after the person stops being an inspector, unless the person has a reasonable excuse. Maximum penalty--10 penalty units. (4) This section does not prevent the giving of a single identity card to a person for this and other Acts or for other purposes. 103 Production or display of inspector's identity card (1) An inspector may exercise a power in relation to someone else only if-- (a) the inspector first produces his or her identity card for the person's inspection; or (b) the inspector has the inspector's identity card displayed so it is clearly visible to the other person. (2) However, if for any reason it is not practicable to comply with subsection (1) before exercising the power, the inspector must produce the identity card for inspection by the person at the first reasonable opportunity. 103A Inspectors may give advice to persons with workplace health and safety obligation An inspector may give advice to a person who has a workplace health and safety obligation in relation to the person's compliance with this Act. 104 Entry to places (1) An inspector may enter a place only if-- (a) it is a workplace or a relevant workplace area; or (b) the inspector reasonably suspects it is a workplace or a relevant workplace area; or (c) for a workplace or relevant workplace area, or suspected workplace or relevant workplace area, on or near domestic premises-- the entry is to land around the premises to gain access to the workplace or relevant workplace area or suspected workplace or relevant workplace area; or (d) its occupier consents to the entry; or (e) specified high risk plant is situated at the place; or (f) a prescribed activity, or work to remove bonded asbestos containing material, is being performed at the place by a person who holds a certificate to perform the activity or work; or (g) the entry is authorised by a warrant. (2) However, an inspector may, without the occupier's consent or a warrant, enter-- (a) a public place; or (b) the land around premises to ask its occupier for consent to enter the premises. (3) Also, before exercising a power under subsection (1)(b), the inspector must, if it is practicable to do so, first tell the occupier of the premises of the inspector's intention of gaining access to the workplace or relevant workplace area. (4) Subsection (1) does not authorise an inspector to enter, without consent or a warrant, any part of domestic premises if the part is not also a workplace or relevant workplace area or suspected workplace or relevant workplace area. (5) If an inspector enters a place under subsection (1)(b) and it is not a workplace or relevant workplace area, the inspector must leave the place immediately. 105 Consent to entry (1) This section applies if an inspector intends to ask an occupier of a place to consent to the inspector or another inspector entering the place. Editor's note-- This section does not apply if entry is authorised by section 104(1) (a), (b) or (d) or (2). (2) Before asking for the consent, the inspector must tell the occupier-- (a) the purpose of the entry; and (b) that the occupier is not required to consent. (3) If the consent is given, the inspector may ask the occupier to sign an acknowledgement of the consent. (4) The acknowledgement must state-- (a) the occupier was told-- (i) the purpose of the entry; and (ii) that the occupier is not required to consent; and (b) the purpose of the entry; and (c) the occupier gives the inspector consent to enter the place and exercise powers under this part; and (d) the time and date the consent was given. (5) If the occupier signs an acknowledgement of consent, the inspector must immediately give a copy to the occupier. (6) Subsection (7) applies to a court if-- (a) an issue arises, in a proceeding in or before the court, whether the occupier of a place consented to an inspector entering the place under this part; and (b) an acknowledgement under this section is not produced in evidence for the entry; and (c) it is not proved the occupier consented to the entry. (7) The court may presume the occupier did not consent. 106 Warrants to enter (1) An inspector may apply to a magistrate for a warrant for a place. (2) The application must be sworn and state the grounds on which the warrant is sought. (3) The magistrate may refuse to consider the application until the inspector gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. Example-- The magistrate may require additional information supporting the application to be given by statutory declaration. (4) The magistrate may issue a warrant only if the magistrate is satisfied there are reasonable grounds for suspecting-- (a) there is a particular thing or activity (the evidence) that may provide evidence of an offence against this Act; and (b) the evidence is, or may be within the next 7 days, at the place. (5) The warrant must state-- (a) that a stated inspector may, with necessary and reasonable help and force, enter the place and exercise the inspector's powers under this part; and (b) the offence for which the warrant is sought; and (c) the evidence that may be seized under the warrant; and (d) the hours of the day or night when the place may be entered; and (e) the date, within 14 days after the warrant's issue, the warrant ends. 107 Warrants--applications made other than in person (1) An inspector may apply for a warrant by phone, fax, radio or another form of communication if the inspector considers it necessary because of-- (a) urgent circumstances; or (b) other special circumstances, including, for example, the inspector's remote location. (2) Before applying for the warrant, the inspector must prepare an application stating the grounds on which the warrant is sought. (3) The inspector may apply for the warrant before the application is sworn. (4) After issuing the warrant, the magistrate must immediately fax a copy to the inspector if it is reasonably practicable to fax the copy. (5) If it is not reasonably practicable to fax a copy to the inspector-- (a) the magistrate must-- (i) tell the inspector what the terms of the warrant are; and (ii) tell the inspector the date and time the warrant was issued; and (b) the inspector must complete a form of warrant (the warrant form) and write on it-- (i) the magistrate's name; and (ii) the date and time the magistrate issued the warrant; and (iii) the terms of the warrant. (6) The facsimile warrant, or the warrant form properly completed by the inspector, authorises the entry and the exercise of the other powers stated in the warrant issued by the magistrate. (7) The inspector must, at the first reasonable opportunity, send to the magistrate-- (a) the sworn application; and (b) if the inspector completed a warrant form--the completed warrant form. (8) On receiving the documents, the magistrate must attach them to the warrant. (9) Subsection (10) applies to a court if-- (a) an issue arises, in a proceeding in or before the court, whether a power exercised by an inspector was not authorised by a warrant issued under this section; and (b) the warrant is not produced in evidence. (10) The court must presume that the exercise of the power was not authorised by a warrant issued under this section, unless the contrary is proved. 108 General powers after entering places (1) This section applies to an inspector who enters a place. (1A) However, this section does not apply to an inspector who enters a place under section 104(1)(b) if the place is not a workplace or relevant workplace area. (2) This section applies to an inspector who enters a place to get the occupier's consent only if the consent is given or the entry is otherwise authorised. (3) For monitoring or enforcing compliance with this Act, the inspector may-- (a) search any part of the place; or (b) inspect, measure, test, photograph or film any part of the place or anything at the place; or (c) take a thing at or a sample of or from a thing at the place; or (d) copy a document at the place; or (e) make inquiries or conduct surveys and tests to assess-- (i) the degree of risk existing at the place; or (ii) standards of workplace health and safety existing at the place; or (f) inquire into the circumstances and probable causes of workplace incidents; or (g) take into or onto the place any persons, equipment and materials the inspector reasonably requires for exercising a power under this part; or (h) require the occupier of the place, or a person at the place, to give the inspector reasonable help to exercise the inspector's powers under paragraphs (a) to (g). (4) A person required to give reasonable help under subsection (3)(h) must comply with the requirement, unless the person has a reasonable excuse. Examples of excuses that are not reasonable excuses as they are matters of mere convenience-- 1 An inspector visits an employer's workplace to inspect plant involved in a workplace accident. The employer explains to the inspector that the plant is now at the employer's other workplace. The employer claims to be too busy to unlock the other workplace for another week. This is a matter of mere convenience not a reasonable excuse. 2 An inspector visits an employer's workplace to inspect plant. The employer claims that the plant can not be operated because the worker who normally operates the plant is not working then. However, another worker at the workplace is competent to operate the plant. The employer refuses to allow the other worker to operate the plant. This is a matter of mere convenience not a reasonable excuse. Maximum penalty--40 penalty units. (5) If the requirement is to be complied with by the person giving information, or producing a document (other than a document required to be kept by the person under this Act), it is a reasonable excuse for the person, if the person is an individual, to fail to comply with the requirement, if complying with the requirement might tend to incriminate the person. 109 Power to seize evidence etc. (1) An inspector who enters a place under this division may seize a thing at the place if-- (a) the inspector reasonably believes the thing is evidence of an offence against this Act; and (b) for an entry made with the occupier's consent--seizure of the thing is consistent with the purpose of entry as told to the occupier when asking for the occupier's consent. (2) An inspector who enters a place with a warrant may seize the evidence for which the warrant was issued. (3) An inspector may also seize anything else at the place if the inspector reasonably believes-- (a) the thing is evidence of an offence against this Act; and (b) the seizure is necessary to prevent the thing being hidden, lost or destroyed or used to continue or repeat the offence. (4) Also, an inspector may seize a thing if the inspector reasonably believes it has just been used in committing an offence against this Act. 110 Inspector's power to seize dangerous places and things (1) This section applies if an inspector who enters a place under this division reasonably believes that-- (a) a workplace or part of a workplace at the place; or (b) a relevant workplace area, or part of a relevant workplace area, at the place; or (c) plant at the place; or (d) a substance at a workplace or relevant workplace area at the place; is defective or hazardous to a degree likely to cause serious bodily injury, work caused illness or a dangerous event happening. (2) The inspector may seize the place, the workplace or part, the relevant workplace area or part, the plant at the place, or the substance at the workplace or relevant workplace area. 111 Powers supporting seizure (1) Having seized a thing, an inspector may-- (a) move the thing from the place where it was seized (the place of seizure); or (b) leave the thing at the place of seizure but take reasonable action to restrict access to it; or (c) if the thing is plant--dismantle or cause to be dismantled stated plant. Examples of restricting access to a thing-- 1 sealing a thing and marking it to show access to it is restricted 2 sealing the entrance to a room where the seized thing is situated and marking it to show access to it is restricted (2) If an inspector restricts access to a seized thing, a person must not tamper, or attempt to tamper, with the thing or something restricting access to the thing without an inspector's approval. Maximum penalty--40 penalty units. (3) To enable a thing to be seized, an inspector may require the person in control of it-- (a) to take it to a stated reasonable place by a stated reasonable time; and (b) if necessary, to remain in control of it at the stated place for a reasonable time. (4) The requirement-- (a) must be made by notice in the approved form; or (b) if for any reason it is not practicable to give the notice, may be made orally and confirmed by notice in the approved form as soon as practicable. (5) The person must comply with the requirement unless the person has a reasonable excuse for not complying. Maximum penalty--40 penalty units. (6) A further requirement may be made under this section in relation to the same thing if it is necessary and reasonable to make the further requirement. 112 Receipt for seized things (1) As soon as practicable after an inspector seizes a thing, the inspector must give a receipt for it to the person from whom it was seized. (2) However, if for any reason it is not practicable to comply with subsection (1), the inspector must leave the receipt in a conspicuous position and in a reasonably secure way at the place of seizure. (3) The receipt must describe generally each thing seized and its condition. (4) This section does not apply to a thing if it is impracticable or would be unreasonable to give the receipt required by the section (given the thing's nature, condition and value). 113 Forfeiture of seized things (1) A seized thing is forfeited to the State if the inspector who seized the thing-- (a) can not find its owner after making reasonable inquiries; or (b) can not return it to its owner, after making reasonable efforts; or (c) reasonably believes it is necessary to retain the thing to prevent it being used to commit an offence against this Act. (2) Subsection (1)(a) does not require the inspector to make inquiries if it would be unreasonable to make inquiries to find the owner, and subsection (1) (b) does not require the inspector to make efforts if it would be unreasonable to make efforts to return the thing to its owner. (3) If the inspector decides to forfeit a thing under subsection (1)(c), the inspector must tell the owner of the decision by written notice. (4) Subsection (3) does not apply if-- (a) the inspector can not find its owner, after making reasonable inquiries; or (b) it is impracticable or would be unreasonable to give the notice. (5) The notice must state-- (a) the reasons for the decision; and (b) that the owner may apply within 28 days for the decision to be reviewed; and (c) how the owner may apply for the review; and (d) that the owner may apply for a stay of the decision if the owner applies for a review. (6) In deciding whether and, if so, what inquiries and efforts are reasonable or whether it would be unreasonable to give notice about a thing, regard must be had to the thing's nature, condition and value. 114 Return of seized things (1) If a seized thing has not been forfeited, the inspector must return it to its owner at the end of-- (a) 6 months; or (b) if a proceeding for an offence involving it is started within 6 months--the proceeding and any appeal from the proceeding. (2) Despite subsection (1), unless the thing has been forfeited, the inspector must immediately return a thing seized as evidence to its owner if the inspector stops being satisfied its continued retention as evidence is necessary. 115 Access to seized things (1) Until a seized thing is forfeited or returned, an inspector must allow its owner to inspect it and, if it is a document, to copy it. (2) Subsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying. 117 Improvement notice (1) This section applies if an inspector reasonably believes that a person-- (a) is contravening a provision of this Act; or (b) has contravened a provision in circumstances that make it likely that the contravention will continue or be repeated. (2) The inspector may direct the person to remedy-- (a) the contravention or likely contravention; or (b) the things or operations causing the contravention or likely contravention. (2A) The direction may be given orally, but must be confirmed by written notice (an improvement notice) given to the person as soon as practicable. (3) An improvement notice must state-- (a) that the inspector believes the person-- (i) is contravening a provision of this Act; or (ii) has contravened a provision in circumstances that make it likely that the contravention will continue or be repeated; and (b) the provision the inspector believes is being, or has been, contravened; and (c) briefly, how the provision is being, or has been, contravened; and (d) the action the person must take to remedy the contravention or likely contravention; and (e) the day before which the person is required to remedy the contravention or likely contravention. (4) The person must comply with-- (a) the direction; and (b) the improvement notice. Maximum penalty for subsection (4)--40 penalty units. 118 Prohibition notice (1) This section applies if an inspector reasonably believes that circumstances causing, or likely to cause, a risk of serious bodily injury, work caused illness or a dangerous event have arisen, or are likely to arise, in relation to a workplace, relevant workplace area, work activity, plant or substance. (2) The inspector may direct the person in control of the workplace, relevant workplace area, work activity, plant or substance that caused or is likely to cause, the circumstances to stop using, or allowing to be used, the workplace, area, plant or substance or to stop the activity. (3) The direction may be given orally, but must be confirmed by written notice (a prohibition notice) given to the person as soon as practicable. (4) The person must comply with-- (a) the direction; and (b) the prohibition notice. Maximum penalty--40 penalty units or 6 months imprisonment. (5) Subsection (2) does not apply to an activity or procedure necessary to rectify the circumstances. (6) A prohibition notice must state-- (a) the inspector believes that circumstances causing, or likely to cause, the risk to workplace health and safety have arisen, or are likely to arise, at a workplace; and (b) briefly, the circumstances that have caused or are likely to cause the risk. (7) For this section, a person is in control of a workplace, relevant workplace area, work activity, plant or substance if the person has, or reasonably appears to have, authority to exercise control over the workplace, area, activity, plant or substance. 118A Definition for div 3A In this division-- notice means any of the following-- (a) a notice given by an inspector in relation to a provisional improvement notice; (b) an improvement notice; (c) a prohibition notice. 119 Order to secure compliance with notices (1) This section applies if it appears to the chief executive-- (a) that a person to whom an inspector has issued a notice has contravened this Act by failing to comply with the notice; and (b) because of the failure, there is an imminent risk of serious bodily injury or work caused illness or of a dangerous event happening. (2) The chief executive may apply to an industrial magistrate for an order that the person comply with the notice. (3) If the magistrate is satisfied that there is an imminent risk of serious bodily injury or work caused illness or of a dangerous event happening because of the contravention, the magistrate may make any order the magistrate considers appropriate in the circumstances. (4) In addition to any other liability a person may incur for breach of the order, the person also commits an offence against this section. Maximum penalty for subsection (4)--200 penalty units or 6 months imprisonment. 120 Power to require name and address (1) This section applies if-- (a) an inspector finds a person committing an offence against this Act; or (b) an inspector finds a person in circumstances that lead, or has information that leads, the inspector to reasonably suspect the person has committed an offence against this Act. (2) The inspector may require the person to state the person's name and residential address. (3) When making the requirement, the inspector must warn the person it is an offence to fail to state the person's name or residential address, unless the person has a reasonable excuse. (4) The inspector may require the person to give evidence of the correctness of the stated name or address if the inspector reasonably suspects the stated name or address is false. (5) A person must comply with a requirement under subsection (2) or (4), unless the person has a reasonable excuse. Maximum penalty--10 penalty units. (6) The person does not commit an offence against subsection (5) if-- (a) the person was required to state the person's name and address by an inspector who suspected the person had committed an offence against this Act; and (b) the person is not proved to have committed the offence. 121 Power to inquire into workplace incident (1) This section applies if an inspector becomes aware, or reasonably suspects, that a workplace incident has happened. (2) The inspector may inquire into the circumstances and probable causes of the incident. (3) The inspector may require a person who has knowledge, or whom the inspector reasonably suspects to have knowledge, of the circumstances of the incident to give the inspector reasonable help, as stated in the requirement, to inquire under subsection (2). (4) A requirement under subsection (3) may be given orally or in writing. (5) A person must comply with a requirement under subsection (3) unless the person has a reasonable excuse for not complying. Maximum penalty--10 penalty units. (6) If the requirement is to be complied with by the person giving information, or producing a document, other than a document required to be kept by the person under this Act, it is a reasonable excuse for the person, if the person is an individual, to fail to comply with the requirement if complying with the requirement might tend to incriminate the person. 122 Power to require production of certain documents (1) To monitor or enforce compliance with this Act, an inspector may require a person to make available for inspection by an inspector, or produce to the inspector for inspection, at a reasonable time and place stated by the inspector-- (a) a document issued to the person under this Act or required to be kept by the person under this Act; or (b) a document, including a contract, about work undertaken or being undertaken by the person relating to workplaces, relevant workplace areas, work activities, or plant or substances for use at a relevant place. (2) The person must comply with a requirement under subsection (1), unless the person has a reasonable excuse for not complying. Maximum penalty--10 penalty units. (3) If the person is an individual, it is a reasonable excuse for the person not to comply with the requirement under subsection (1) if complying with the requirement might tend to incriminate the person. (4) The inspector may keep the document to copy it. (5) If the inspector copies the document, or an entry in the document, the inspector may require the person responsible for keeping the document to certify the copy as a true copy of the document or entry. (6) The person responsible for keeping the document must comply with the requirement, unless the person has a reasonable excuse for not complying. Maximum penalty--10 penalty units. (7) The inspector must return the document to the person as soon as practicable after copying it. 123 Destruction of workplace, relevant workplace area, plant or substance that is a serious risk to health or safety (1) This section applies if an inspector reasonably believes that a workplace or part of a workplace, relevant workplace area, plant or a substance is so defective or hazardous that it is likely to cause serious bodily injury, work caused illness or the happening of a dangerous event. (2) The inspector may, by written notice, require the owner to destroy the workplace or part, relevant workplace area, plant or substance or make it harmless. Example-- The inspector may require the owner to dismantle a workplace, relevant workplace area or stated plant to make it harmless or to remove stated plant or a stated substance from the workplace or relevant workplace area. (3) A person must comply with the notice, unless the person has a reasonable excuse for not complying. Maximum penalty for subsection (3)--40 penalty units. 124 Analysis of samples (1) The chief executive may have a sample taken by an inspector analysed. (2) A person must not, with intent to adversely affect the analysis of a thing- - (a) tamper with the thing before an inspector takes a sample of the thing for analysis; or (b) tamper with a sample of a thing after it is taken by an inspector for analysis. Maximum penalty--20 penalty units. (3) If a particular method of analysis has been prescribed under a regulation, the analyst must follow the method. (4) The chief executive must obtain from the analyst a certificate or report stating the analysis result. 125 Compensation (1) A person may claim compensation from the State if the person incurs loss or expense because of the exercise or purported exercise of a power under any of the following divisions, including, for example, in complying with a requirement made of the person-- • division 2 (Inspectors' general powers) • division 4 (Other investigative powers) • division 5 (Other enforcement matters), other than section 123. (2) Compensation may be claimed and ordered in a proceeding-- (a) brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or (b) for an offence against this Act brought against the person claiming compensation. (3) A court may order compensation to be paid only if it is satisfied it is just to make the order in the circumstances of the particular case. (4) A regulation may prescribe matters that may, or must, be taken into account by the court when considering whether it is just to make the order. 126 Forfeiture on conviction (1) On the conviction of a person for an offence against this Act, the court may order the forfeiture to the State of anything used to commit the offence or anything else the subject of the offence. (2) The court may make the order-- (a) whether or not the thing has been seized under this Act; and (b) if the thing has been seized--whether or not the thing has been returned to its owner. (3) The court may make any order to enforce the forfeiture that it considers appropriate. (4) This section applies to a thing only if the court is satisfied that the thing-- (a) has resulted or may result in a work caused illness; or (b) has caused or may cause serious bodily injury or a dangerous event. (5) This section does not limit the court's powers under the Penalties and Sentences Act 1992 or another law. 127 Dealing with forfeited things (1) On the forfeiture of a thing to the State, the thing becomes the State's property and may be dealt with by the chief executive as the chief executive considers appropriate. (2) Without limiting subsection (1), the chief executive may destroy it. 128 Inspector to give notice of damage (1) This section applies if-- (a) an inspector damages something when exercising or purporting to exercise a power; or (b) a person (the other person) acting under the direction of an inspector damages something. (2) The inspector must promptly give written notice of particulars of the damage to the person who appears to be the owner of the thing. (3) If the inspector believes the damage was caused by a latent defect in the thing or circumstances beyond the inspector's or other person's control, the inspector may state it in the notice. (4) If, for any reason, it is impracticable to comply with subsection (2), the inspector must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened. (5) This section does not apply to damage the inspector reasonably believes is trivial. (6) In this section-- owner of a thing includes the person in possession or control of it. 129 Minister may establish or re-establish boards of inquiry (1) The Minister may establish or re-establish a board of inquiry about any workplace incident by gazette notice. (2) The notice, or a subsequent gazette notice, may specify issues relevant to the inquiry including, for example, the membership of the board and its terms of reference. (3) The Minister may exercise powers under this section for a workplace incident-- (a) whether or not the incident has been investigated by an inspector; and (b) whether or not a board of inquiry had previously inquired into the incident. 130 Role of board of inquiry (1) The board of inquiry must-- (a) inquire into the circumstances and probable causes of the relevant workplace incident; and (b) give the Minister a written report of the board's findings. (2) The report may contain the recommendations the board considers appropriate and other relevant matters. (3) The Minister must table a copy of the report in the Legislative Assembly within 14 days after receiving the report. (4) However, if the board gives the Minister a separate report of issues that the board considers should not be made public, the Minister need not table the separate report in the Legislative Assembly. 131 Conditions of appointment (1) Members of the board of inquiry are entitled to be paid the fees and allowances decided by the Minister. (2) The members' terms of office are the terms provided by this Act and the other terms (if any) decided by the Minister. 132 Chief executive to arrange for services of staff and financial matters for board of inquiry As soon as practicable after the board of inquiry is established, the chief executive must consult with the chairperson of the board and arrange-- (a) for the services of officers and employees of the department and other persons to be made available to the board for the conduct of the inquiry; and (b) for financial matters relevant to the board. 133 Inspector may exercise powers for board's inquiry (1) This section applies to an inspector whose services have been made available to the board of inquiry. (2) The inspector may exercise the powers of an inspector under part 9 for the workplace incident the subject of the board's inquiry. 134 Procedure (1) When conducting its inquiry, the board of inquiry-- (a) must observe natural justice; and (b) must act as quickly, and with as little formality and technicality, as is consistent with a fair and proper consideration of the issues. (2) In conducting the inquiry, the board-- (a) is not bound by the rules of evidence; and (b) may inform itself in any way it considers appropriate, including holding hearings; and (c) may decide the procedures to be followed for the inquiry. (3) However, the board must comply with this division and any procedural rules prescribed under a regulation. (4) The chairperson presides at the inquiry. 135 Notice of inquiry The chairperson of the board of inquiry must give at least 14 days written notice of the time and place of the inquiry to-- (a) any person concerned in the workplace incident the subject of the inquiry; and (b) any other person who the chairperson has reason to believe should be given the opportunity to appear at the inquiry. 136 Inquiry to be held in public except in special circumstances (1) An inquiry must be held in public. (2) However, the board may, of its own initiative or on the application of a person represented at the inquiry, direct that the inquiry, or a part of the inquiry, be held in private, and give directions about the persons who may be present. (3) The board may give a direction under subsection (2) only if it is satisfied it is proper to make the order in the special circumstances of the inquiry. 137 Protection of members, legal representatives and witnesses (1) A member of the board of inquiry has, in the performance of the member's duties, the same protection and immunity as a Supreme Court judge. (2) A lawyer or other person appearing before the board for someone has the same protection and immunity as a lawyer appearing for a party in a proceeding in the Supreme Court. (3) A person summoned to attend or appearing before the board as a witness has the same protection as a witness in a proceeding in the Supreme Court. 138 Record of proceedings to be kept The board of inquiry must keep a record of its proceedings. 139 Procedural fairness and representation (1) In conducting the inquiry, the board must give a person concerned in the workplace incident the opportunity of defending all claims made against the person. (2) The person may be represented before the board by a lawyer or agent. 140 Board's powers on inquiry (1) In conducting the inquiry, the board may-- (a) act in the absence of any person who has been given a notice under section 135 or some other reasonable notice; and (b) receive evidence on oath or affirmation or by statutory declaration; and (c) adjourn the inquiry; and (d) disregard any defect, error, omission or insufficiency in a document. (2) A member of the board may administer an oath or affirmation to a person appearing as a witness before the inquiry. 141 Notice to witness (1) The chairperson of the board of inquiry may, by written notice given to a person, require the person to attend the inquiry at a stated time and place to give evidence or produce stated documents or things. (2) A person required to appear as a witness before the board is entitled to the witness fees prescribed under a regulation or, if no witness fees are prescribed, the reasonable witness fees decided by the chairperson. 142 Inspection of documents or things (1) If a document or thing is produced to the board at the inquiry, the board may-- (a) inspect the thing; and (b) copy or photograph the thing if it is relevant to the inquiry. (2) The board may also take possession of the thing, and keep it while it is necessary for the inquiry. (3) While it keeps a document or thing, the board must permit a person otherwise entitled to possession of it to inspect, copy or photograph the thing, at a reasonable place and time the board decides. 143 Inquiry may continue despite court proceedings unless otherwise ordered The inquiry may start or continue, and a report may be prepared or given, despite a proceeding before any court or tribunal, unless a court or tribunal with the necessary jurisdiction orders otherwise. 144 Offences by witnesses (1) A person given a notice under section 141 must not fail, without reasonable excuse-- (a) to attend as required by the notice; or (b) to continue to attend as required by the chairperson of the board of inquiry until excused from further attendance. Maximum penalty--30 penalty units. (2) A person appearing as a witness at the inquiry must take an oath or make an affirmation when required by the chairperson of the board. Maximum penalty--30 penalty units. (3) Also, a person appearing as a witness at the inquiry must not fail, without reasonable excuse-- (a) to answer a question the person is required to answer by a member of the board; or (b) to produce a document or thing the person is required to produce by a notice under section 141. Maximum penalty--30 penalty units. (4) If the person is an individual, it is a reasonable excuse to refuse to answer a question or produce a document or thing on the ground that the answer or production of the document or thing might tend to incriminate the person. 145 Contempt of board A person must not-- (a) deliberately interrupt the inquiry; or (b) create or continue or join in creating or continuing, a disturbance in or near a place where the board is conducting its inquiry; or (c) do anything that would be contempt of court if the board were a judge acting judicially. Maximum penalty--30 penalty units. 146 Report of offences If the board of inquiry considers material before it discloses an offence, it may report the offence to 1 or more of the following persons and may make available to the person or persons all relevant material in the board's possession-- (a) the commissioner of the police service; (b) the Crime and Misconduct Commission; (c) the director of public prosecutions; (d) the chief executive. 147 Change of membership of board The inquiry of a board of inquiry is not affected by a change in its membership. 147A Definitions for pt 11 In this part-- decision, of the chief executive, does not include a decision of the chief executive under part 5. licence holder means the holder of an occupational licence or corresponding occupational licence. original decision-- (a) for division 2, means-- (i) a decision of an inspector; or (ii) a decision of the chief executive to give a licence holder a licence show cause notice; or (b) for division 3, means-- (i) a decision of the industrial registrar under section 90D, including a decision about a condition of appointment; or (ii) a decision of the industrial registrar under section 90W; or (c) for division 3A, means an order or decision of the industrial commission under section 90U; or (d) for division 4, means-- (i) a decision of the chief executive; or (ia) an order or decision of the industrial commission under section 81P or 81Q; or (ii) an order or decision of the industrial commission under section 90Q or 90R; or (iii) an order or decision of the industrial commission under section 90U; or (iv) an order or decision of the full bench under section 90X; or (v) a decision of the licensing review committee under section 64ZA or 150. review entity means-- (a) for a decision of an inspector, other than a decision to give a prohibition notice to a licence holder--the chief executive; or (b) for a decision of an inspector to give a prohibition notice to a licence holder, or a decision of the chief executive to give a licence holder a licence show cause notice--the licensing review committee. 148 Application for review A person whose interests are affected by an original decision may apply under this division for the decision to be reviewed. 149 Procedure for review (1) The application must-- (a) be made in the approved form to the review entity; and (b) be supported by enough information to enable the review entity to decide the application. (2) If the application is for the review of a decision to forfeit a thing, the application must be made to the review entity within-- (a) 28 days after the day on which the person receives notice of the original decision; or (b) the longer period, within 2 months after the day, the review entity in special circumstances allows. (3) If the application is for the review of another decision, the application must be made to the review entity within-- (a) 14 days after the day on which the person receives notice of the original decision; or (b) the longer period, within 2 months after the day, the review entity in special circumstances allows. (4) If the review entity is satisfied the applicant has complied with subsection (1), the review entity must immediately tell the applicant in writing of that fact. 150 Review of decision (1) The review entity must, within 14 days after giving the notice in section 149(4), review the original decision and make a decision (the review decision)- - (a) to confirm the decision appealed against; or (b) to vary the decision appealed against; or (c) to set aside the decision appealed against and make a decision in substitution for the decision set aside. (2) If the review entity is the chief executive, the application must not be dealt with by-- (a) the person who made the original decision; or (b) a person in a less senior office than the person who made the original decision. (3) Within 14 days after making the review decision, the review entity must give written notice of the decision to the applicant. (4) The notice must-- (a) include the reasons for the review decision; and (b) tell the applicant of the applicant's right of appeal against the decision. (5) If the review entity does not-- (a) review the original decision within the time allowed under subsection (1); or (b) having reviewed the decision, tell the applicant of the review decision within the time allowed under subsection (3); the applicant may appeal against the original decision under section 152. (6) This section does not apply to an original decision made by the chief executive personally. 151 Stay of operation of original decisions (1) If a person applies for a decision to be reviewed, the person may immediately apply to the Industrial Court for a stay of the decision. (2) The court may stay the decision to secure the effectiveness of the review and any later appeal to the court. (3) A stay-- (a) may be given on conditions the court considers appropriate; and (b) operates for the period fixed by the court; and (c) may be revoked or amended by the court. (4) The period of a stay must not extend past the time when the chief executive reviews the decision and any later period the court allows the person to appeal against the decision. (5) An application made for the review of a decision affects the decision, or the carrying out of the decision, only if the decision is stayed. 151A Who may appeal (1) A person whose interests are affected by an original decision may appeal against the decision to the industrial commission. (2) The person has a right to a statement of-- (a) the decision; and (b) the reasons for the decision. 151B How to start appeal (1) An appeal is started by-- (a) filing written notice of appeal with the industrial registrar; and (b) complying with the rules applying to appeals to the industrial commission under the Industrial Relations Act 1999. (2) The notice of appeal must be filed within 30 days after the day the appellant receives notice of the original decision. (3) The industrial commission may at any time extend the period for filing the notice of appeal. (4) The notice of appeal must state fully the grounds of the appeal and the facts relied on. 151C Stay of operation of decisions (1) The industrial commission may grant a stay of a decision appealed against to secure the effectiveness of the appeal. (2) A stay-- (a) may be given on the conditions the industrial commission considers appropriate; and (b) operates for the period fixed by the industrial commission; and (c) may be revoked or amended by the industrial commission. (3) The period of a stay must not extend past the time when the industrial commission decides the appeal. (4) An appeal against a decision affects the decision, or carrying out of the decision, only if the decision is stayed. 151D Hearing procedures (1) The procedure for an appeal is to be under the rules applying to appeals to the industrial commission under the Industrial Relations Act 1999 or, if the rules make no provision or insufficient provision, in accordance with directions of the industrial commission. (2) An appeal is by way of rehearing, unaffected by the industrial registrar's decision. 151E Powers of commission on appeal (1) In deciding an appeal, the industrial commission may-- (a) confirm the decision appealed against; or (b) vary the decision appealed against; or (c) set aside the decision appealed against and make a decision in substitution for the decision set aside; or (d) set aside the decision appealed against and return the issue to the decision maker with directions the industrial commission considers appropriate. (2) If on appeal the industrial commission acts under subsection (1)(b) or (c), the decision is taken, for this Act (other than this part), to be that of the industrial registrar. 151F Definition for div 3A In this division-- full bench means the full bench of the industrial commission constituted by the president and 2 or more commissioners. 151G Who may appeal (1) A person whose interests are affected by an original decision may appeal against the decision to the full bench. (2) If the decision is a decision of the industrial commission under section 90U, the person may appeal against the decision only on a ground other than-- (a) error of law; or (b) excess, or want, of jurisdiction. (3) Despite section 152(2), if a person wants to appeal against a decision of the commission both on a ground mentioned in section 152(2) and on a ground mentioned in subsection (2) of this section, the person may only appeal against the decision to the full bench. (4) The person has a right to a statement of-- (a) the decision; and (b) the reasons for the decision. 151H How to start appeal (1) An appeal is started by-- (a) filing written notice of appeal with the industrial registrar; and (b) complying with the rules applying to appeals to the full bench under the Industrial Relations Act 1999. (2) The notice of appeal must be filed within 30 days after the day the appellant receives notice of the original decision. (3) The full bench may at any time extend the period for filing the notice of appeal. (4) The notice of appeal must state fully the grounds of the appeal and the facts relied on. 151I Stay of operation of decisions (1) The full bench may grant a stay of a decision appealed against to secure the effectiveness of the appeal. (2) A stay-- (a) may be given on the conditions the full bench considers appropriate; and (b) operates for the period fixed by the full bench; and (c) may be revoked or amended by the full bench. (3) The period of a stay must not extend past the time when the full bench decides the appeal. (4) An appeal against a decision affects the decision, or the carrying out of the decision, only if the decision is stayed. 151J Hearing procedures (1) The procedure for an appeal is to be under the rules applying to appeals to the full bench under the Industrial Relations Act 1999 or, if the rules make no provision or insufficient provision, in accordance with directions of the full bench. (2) An appeal is by way of rehearing, unaffected by the decision of the industrial commission. 151K Powers of full bench on appeal (1) In deciding an appeal, the full bench may-- (a) confirm the decision appealed against; or (b) vary the decision appealed against; or (c) set aside the decision appealed against and make a decision in substitution for the decision set aside; or (d) set aside the decision appealed against and return the issue to the industrial commission with directions the full bench considers appropriate. (2) If on appeal the full bench acts under subsection (1)(b) or (c), the decision is taken, for this Act (other than this part), to be that of the industrial commission. 152 Who may appeal (1) A person whose interests are affected by an original decision or review decision may appeal against the decision to the Industrial Court. (2) If the decision is a decision of the industrial commission under section 90U, the person may appeal only on the ground of-- (a) error of law; or (b) excess, or want, of jurisdiction. (3) The person has a right to receive a statement of the reasons for the decision. 153 How to start appeal (1) An appeal is started by-- (a) filing written notice of appeal with the registrar of the Industrial Court; and (b) complying with rules of court applying to the appeal. (2) The notice of appeal must be filed within 30 days after-- (a) if the appeal is from an original decision--the day the appellant receives notice of the original decision; or (b) if the appeal is from a review decision--the day the appellant receives reasons for the review decision. (3) The court may at any time extend the period for filing the notice of appeal. (4) The notice of appeal must state fully the grounds of the appeal and the facts relied on. 154 Stay of operation of decisions (1) The Industrial Court may grant a stay of a decision appealed against to secure the effectiveness of the appeal. (2) A stay-- (a) may be given on the conditions the court considers appropriate; and (b) operates for the period fixed by the court; and (c) may be revoked or amended by the court. (3) The period of a stay must not extend past the time when the court decides the appeal. (4) An appeal against a decision affects the decision, or carrying out of the decision, only if the decision is stayed. 155 Hearing procedures (1) The procedure for an appeal is to be in accordance with the rules of court applying to the appeal or, if the rules make no provision or insufficient provision, in accordance with directions of the Industrial Court. (2) An appeal is by way of rehearing, unaffected by the decision of the chief executive, industrial commission or full bench. 156 Assessors If the Industrial Court is satisfied the appeal involves an issue of special knowledge and skill, the court may appoint 1 or more assessors to help in deciding the appeal. 157 Powers of court on appeal (1) In deciding an appeal, the Industrial Court may-- (a) confirm the decision appealed against; or (b) vary the decision appealed against; or (c) set aside the decision appealed against and make a decision in substitution for the decision set aside; or (d) set aside the decision appealed against and return the issue to the decision maker with directions the court considers appropriate. (2) If on appeal the court acts under subsection (1)(b) or (c), the decision is taken, for this Act (other than this part), to be that of the chief executive, industrial commission or full bench. 158 Application of division This division applies to a proceeding under this Act or another Act prescribed under a regulation. 159 Proof of appointments and authority unnecessary It is not necessary to prove-- (a) the appointment of the chief executive or an inspector; or (b) the authority of the chief executive or an inspector to do anything under this Act. 160 Proof of signatures unnecessary A signature purporting to be the signature of the chief executive or an inspector is evidence of the signature it purports to be. 161 Evidentiary aids (1) In this section-- certificate means a certificate purporting to be signed by the chief executive or an inspector. (2) A certificate stating any of the following matters is evidence of the matter-- (a) a stated document is-- (i) an appointment or approval or a copy of an appointment or approval; or (ii) an improvement or prohibition notice, or a copy of an improvement or prohibition notice; or (iii) a decision, or a copy of a decision, given or made under this Act; or (iv) a record or document, a copy of a record or document, or an extract from a record or document, kept under this Act; (b) on a stated day, or during a stated period, a stated licence, certificate, registration, approval or appointment was, or was not, in force for a stated person, workplace or thing; (c) on a stated day, or during a stated period, a standard issued or published by National Occupational Health and Safety Commission or Standards Australia or something in the standard was, or was not, in force; (d) on a stated day a stated person was given a stated direction or notice under this Act; (e) a stated amount is payable under this Act by a stated person and has not been paid; (f) a stated substance is a hazardous substance; (g) an instrument, equipment or installation was used in accordance with conditions prescribed under a relevant document for its use; (h) anything else prescribed by regulation. (3) A document purporting to be published by or under the authority of National Occupational Health and Safety Commission or Standards Australia is, on its production in a proceeding, evidence of the matters appearing on and in the document. (4) In a complaint starting a proceeding, a statement that the matter of the complaint came to the complainant's knowledge on a stated day is evidence of the matter. (5) Any instrument, equipment or installation used by an inspector or analyst in accordance with the conditions (if any) prescribed under a relevant document for its use is taken to be accurate and precise in the absence of evidence to the contrary. 162 Expert reports (1) An expert report is admissible in evidence in a proceeding under this Act, whether or not the person making the report (the expert) attends to give oral evidence in the proceeding. (2) However, if the expert does not attend to give oral evidence in the proceeding, the report is admissible only with the court's leave. (3) In deciding whether to grant leave, the court must have regard to the following-- (a) the contents of the report; (b) why the expert does not intend to give oral evidence; (c) the risk that its admission or exclusion from evidence will result in unfairness to a party, in particular having regard to a party's ability to controvert the contents of the report if the expert does not give oral evidence; (d) any other relevant circumstance. (4) An expert report when admitted is evidence of any fact or opinion of which the expert could have given oral evidence. (5) In this section-- expert report means a report made by a person that deals entirely or mainly with issues on which the person is qualified to give expert evidence, but does not include an analyst's report. 163 Analyst's certificate or report The production by the prosecutor or the defendant in a prosecution of a signed analyst's report stating any of the following is evidence of them-- (a) the analyst's qualifications; (b) the analyst took, or received from a stated person, the sample mentioned in the report; (c) the analyst analysed the sample on a stated day, or during a stated period, and at a stated place; (d) the results of the analysis. 164 Proceedings for offences (1) A prosecution for an offence against this Act is by way of summary proceedings before an industrial magistrate. (2) More than 1 contravention of a workplace health and safety obligation under part 3 may be charged as a single charge if the acts or omissions giving rise to the claimed contravention happened within the same period and at the same workplace. (3) A person dissatisfied with a decision of an industrial magistrate in proceedings brought under subsection (1) who desires to appeal must appeal to the Industrial Court. (4) The Industrial Relations Act 1999 applies, with any necessary changes, to a proceeding before an industrial magistrate brought under subsection (1) and to a proceeding on appeal before the Industrial Court brought under subsection (3). (5) A prosecution for an offence against this Act must be commenced by complaint of an inspector or someone else authorised by the Minister or the chief executive. (6) In this section-- person dissatisfied with a decision in a proceeding means-- (a) a party to the proceeding; or (b) a person bound by the decision; or (c) if an inspector started the proceeding--any inspector. 165 Limitation on time for starting proceedings A proceeding for an offence against this Act must start-- (a) within 1 year after the commission of the offence; or (b) within 6 months after the offence comes to the complainant's knowledge; or (c) if the offence involves a breach of an obligation causing death and the death is investigated by a coroner under the Coroners Act 2003--within 2 years after the coroner makes a finding in relation to the death. 166 Responsibility for acts or omissions of representatives (1) In this section-- representative means-- (a) of a corporation--an executive officer, employee or agent of the corporation; or (b) of an individual--an employee or agent of the individual; or (c) of a public sector unit--an officer or employee of the public sector unit. state of mind of a person includes-- (a) the person's knowledge, intention, opinion, belief or purpose; and (b) the person's reasons for the intention, opinion, belief or purpose. (2) Subsections (3) and (4) apply in a proceeding for an offence against this part. (3) If it is relevant to prove a person's state of mind about a particular act or omission, it is enough to show-- (a) the act was done or omitted to be done by a representative of the person within the scope of the representative's actual or apparent authority; and (b) the representative had the state of mind. (4) An act done or omitted to be done for a person by a representative of the person within the scope of the representative's actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable diligence, have prevented the act or omission. 167 Executive officers must ensure corporation complies with Act (1) The executive officers of a corporation must ensure that the corporation complies with this Act. (2) If a corporation commits an offence against a provision of this Act, each of the corporation's executive officers also commits an offence, namely, the offence of failing to ensure that the corporation complies with the provision. Maximum penalty for subsection (2)--the penalty for the contravention of the provision by an individual. (3) Evidence that the corporation has been convicted of an offence against a provision of this Act is evidence that each of the executive officers committed the offence of failing to ensure that the corporation complies with the provision. (4) However, it is a defence for an executive officer to prove-- (a) if the officer was in a position to influence the conduct of the corporation in relation to the offence--the officer exercised reasonable diligence to ensure the corporation complied with the provision; or (b) the officer was not in a position to influence the conduct of the corporation in relation to the offence. 168 Representation at hearing A party to a proceeding under this Act may be represented by the party's lawyer or agent. 168A Costs of investigation (1) If a court convicts a person of an offence against this Act, the court may order the person to pay the department's reasonable costs of investigating the offence, including reasonable costs of preparing for the prosecution of the offence. (2) This section does not limit the orders for costs the court may make. 168B Information during sentencing of impact of offence on person (1) If a court convicts a person (defendant) of an offence against this Act, the prosecutor should, at the sentencing of the defendant, tell the sentencing court the appropriate details of the harm caused to a victim by the defendant's failure to comply with this Act. (2) In deciding what details are not appropriate, the prosecutor may have regard to the victim's wishes. (3) However-- (a) it is not mandatory for a victim to give the prosecutor details of the harm caused to the victim by the defendant's failure to comply with this Act; and (b) the fact that details of the harm caused to a victim by the defendant's failure to comply with this Act are absent at the sentencing does not of itself give rise to an inference that the defendant's failure caused little or no harm to the victim. (4) A prosecutor should ensure the sentencing court has regard to the Penalties and Sentences Act 1992, section 9(2)(c), if it would help the victim to have the benefit of the principle mentioned in subsection (1). (5) In this section-- harm means death, grievous bodily harm or bodily harm. victim means a person who has suffered harm because-- (a) a defendant has committed an offence against this Act; or (b) the person is a member of the immediate family of, or is a dependant of, a victim mentioned in paragraph (a). 169 Recovery of fees (1) A fee payable under this Act and not paid may be recovered by the chief executive-- (a) in summary proceedings under the Justices Act 1886; or (b) by action for a debt in a court of competent jurisdiction. (2) A fee may also be recovered in a proceeding for an offence against this Act. (3) An order made under subsection (2) is enforceable under the Justices Act 1886 as an order for payment of money made by a magistrate under that Act. (4) If an order is made under subsection (2)-- (a) the order may be filed in the registry of a Magistrates Court under the Magistrates Courts Act 1921; and (b) on being filed, is taken to be an order made by a Magistrates Court constituted under that Act and may be enforced accordingly. 170 Definitions for div 3 In this division-- government body means the State, another State or the Commonwealth. responsible entity see section 170B(1). successor in law, of a public sector unit, means-- (a) if the functions of the public sector unit (the former unit) are substantially performed by another public sector unit (the current unit)--the current unit; or (b) if the functions of the former unit are performed by 2 or more public sector units--the unit that has the function of the former unit most closely connected with the act or omission that is alleged to constitute the offence. 170A Government body may be prosecuted (1) A government body may be prosecuted for an offence against this Act. (2) For a prosecution against the State for an offence against this Act, the proceeding must be taken against the responsible entity. 170B Responsible entity for a proceeding against the State (1) For a proceeding mentioned in section 170A(2), the responsible entity is-- (a) the public sector unit whose act or omission is alleged to constitute the offence; or (b) if the public sector unit has ceased to exist--the successor in law of the public sector unit; or (c) if the public sector unit has ceased to exist and there is no clear successor in law--the entity declared by the court to be the responsible entity. (2) For a proceeding mentioned in subsection (1)-- (a) the proceeding is to be taken against the responsible entity as if it were a separate legal entity, if it is not otherwise a separate legal entity; and (b) the responsible entity is to be stated in the charge for the offence; and (c) subject to any rules of court, the responsible entity has the procedural rights and obligations of the State as the defendant in the proceeding. (3) The prosecutor may, during the proceeding and with the court's leave, substitute for the responsible entity stated in the charge its successor in law. (4) The chief executive of the responsible entity, or a person authorised by the chief executive, may act on behalf of the responsible entity for the purposes of the proceeding. (5) A document may be served on a responsible entity for the purposes of the proceeding-- (a) by delivering it to the chief executive of the entity or to a person authorised by the chief executive at a place of business of the responsible entity; or (b) by leaving it at, or sending it by post, telex, facsimile or similar facility to, the usual business address of the responsible entity. (6) This section applies in relation to the State despite the Crown Proceedings Act 1980. 170C Penalties in proceedings against government body (1) The penalty that may be imposed on a government body if it is convicted of an offence against this Act is the penalty applicable to a body corporate. (2) A government body may be served with an infringement notice under the State Penalties Enforcement Act 1999 in relation to an offence against this Act. 170D Notices may be given to a government body The following notices may be given to a government body-- (a) a prohibition notice; (b) an improvement notice; (c) a provisional improvement notice. 171 False or misleading statements (1) A person must not-- (a) state anything to an official the person knows is false or misleading in a material particular; or (b) omit from a statement made to an official anything without which the statement is, to the person's knowledge, misleading in a material particular. Maximum penalty--30 penalty units. (2) It is enough for a complaint against a person for an offence against subsection (1) to state that the statement made was false or misleading to the person's knowledge. (3) In this section-- official means-- (a) a board of inquiry; or (b) the licensing review committee; or (c) the chief executive; or (d) an inspector; or (e) an authorised representative. 172 False, misleading or incomplete documents (1) A person must not give a board of inquiry, the licensing review committee, the chief executive or an inspector a document containing information the person knows is false, misleading or incomplete in a material particular. Maximum penalty--30 penalty units. (2) Subsection (1) does not apply to a person if the person, when giving the document-- (a) tells the board, committee, chief executive or inspector, to the best of the person's ability, how it is false, misleading or incomplete; and (b) if the person has, or can reasonably obtain, the correct information--gives the correct information. (2A) A person must not give an authorised representative a document containing information the person knows is false or misleading in a material particular. Maximum penalty--30 penalty units. (2B) Subsection (2A) does not apply to a person if the person, when giving the document-- (a) tells the authorised representative, to the best of the person's ability, how it is false or misleading; and (b) if the person has, or can reasonably obtain, the correct information--gives the correct information. (3) A person must not make an entry in any document required or permitted to be made or kept under this Act knowing the entry to be false, misleading or incomplete in a material particular. Maximum penalty--30 penalty units. (4) It is enough for a complaint against a person for an offence against subsection (1) or (3) to state that the document or entry made was false, misleading or incomplete to the person's knowledge. (5) Also, it is enough for a complaint against a person for an offence against subsection (2A) to state that the document was false or misleading to the person's knowledge. 173 Obstructing inspectors (1) A person must not obstruct an inspector in the exercise of a power, unless the person has a reasonable excuse for the obstruction. Maximum penalty--40 penalty units. (2) If a person has obstructed an inspector and the inspector decides to proceed with the exercise of the power, the inspector must warn the person. (3) In warning a person under subsection (2), an inspector must warn the person that-- (a) it is an offence to obstruct the inspector, unless the person has a reasonable excuse; and (b) the inspector considers the person's conduct is an obstruction; and (c) if the person continues to obstruct the inspector, the inspector may ask a police officer to help the inspector exercise the power. 173A Obstructing authorised representatives (1) A person must not obstruct an authorised representative in the exercise of a power, unless the person has a reasonable excuse for the obstruction. Maximum penalty--40 penalty units. (2) If a person has obstructed an authorised representative and the authorised representative decides to proceed with the exercise of the power, the authorised representative must warn the person. (3) In warning a person under subsection (2), an authorised representative must warn the person that-- (a) it is an offence to obstruct the authorised representative, unless the person has a reasonable excuse; and (b) the authorised representative considers the person's conduct is an obstruction; and (c) if the person continues to obstruct the authorised representative, the authorised representative may ask an inspector to help the authorised representative exercise the power. 174 Discrimination or victimisation (1) An employer must not dismiss a worker, or otherwise act to the detriment of a worker in the worker's employment, for the dominant or substantial reason that the worker-- (a) is, or has performed a function as, a workplace health and safety representative, a workplace health and safety officer or a member of a workplace health and safety committee; or (b) has made a complaint about an issue, or in any other way has raised an issue, concerning workers' exposure to the risk of illness or injury; or (c) has contacted or given help to an authorised representative or an inspector. Maximum penalty--40 penalty units. Examples of acting to the detriment of a worker-- 1 demotion of the worker 2 unwarranted transfer of the worker 3 reducing the worker's terms and conditions of employment (2) If an employer contravenes subsection (1) by dismissing a worker, the worker is taken to have been unfairly dismissed under the Industrial Relations Act 1999, chapter 3, part 2, and subject to that part, has the remedies under that part. 175 Employers and principal contractor not to encourage refusal to answer questions (1) An employer must not encourage or influence, or attempt to encourage or influence, by general direction, promise of advantage, threat of dismissal or otherwise a worker of the employer to refuse to answer questions put to the worker by an authorised representative or an inspector. Maximum penalty--40 penalty units. (2) A principal contractor must not encourage or influence, or attempt to encourage or influence, by general direction, promise of advantage, threat or otherwise any person at a workplace to refuse to answer questions put to the person by an authorised representative or an inspector. Maximum penalty--40 penalty units. 176 Impersonating inspectors and others A person must not pretend to be-- (a) an accredited provider; or (b) an authorised representative; or (c) an inspector; or (d) a workplace health and safety officer; or (e) a workplace health and safety representative; or (f) a qualified workplace health and safety representative. Maximum penalty--40 penalty units. 177 Appointment (1) The chief executive may appoint a person, whether or not an officer of the public service, to be an accredited provider. (2) The chief executive may appoint a person as an accredited provider only if- - (a) the person-- (i) satisfies the chief executive the person has the necessary expertise or experience to be an accredited officer; or (ii) the person has satisfactorily finished training approved by the chief executive; and (b) makes application for appointment in the way prescribed under a regulation. 178 Functions of accredited providers (1) An accredited provider is subject to the chief executive's directions in performing the accredited provider's functions. (2) The functions of an accredited provider may be stated-- (a) under a regulation; or (b) under a condition of appointment; or (c) by written notice given by the chief executive to the accredited officer. 179 Accredited provider's appointment conditions (1) An accredited provider holds office on the conditions stated in the instrument of appointment. (2) An accredited provider-- (a) if the appointment provides for a term of appointment--ceases holding office at the end of the term; and (b) if the conditions of appointment provide--ceases holding office on ceasing to hold another office stated in the appointment conditions; and (c) may resign by signed notice of resignation given to the chief executive. 180 Accredited provider's identity card (1) The chief executive must give each accredited provider an identity card. (2) The identity card must-- (a) contain a recent photo of the accredited provider; and (b) be signed by the accredited provider; and (c) identify the person as an accredited provider for this Act; and (d) state an expiry date. (3) A person who stops being an accredited provider must return the person's identity card to the chief executive as soon as possible (but within 21 days) after the person stops being an accredited provider, unless the person has a reasonable excuse. Maximum penalty--10 penalty units. 181 Production or display of accredited provider's identity card An accredited provider must, if performing a function, produce the officer's identity card for inspection if asked by any person to whom the performance of the function is relevant. 182 Suspension or cancellation of accredited provider's appointment The chief executive may suspend or cancel an accredited provider's appointment. Editor's note-- An accredited provider may appeal under section 152 (Who may appeal) against a decision to suspend or cancel the officer's appointment. 182A Application for report (1) The Workers' Compensation Regulatory Authority must apply to the chief executive for a report about the occupational health and safety performance of an employer or a group employer for the purpose of an application or renewal for self-insurance under the Workers' Compensation and Rehabilitation Act 2003. (2) The employer or group employer must pay the fee calculated under a regulation for the preparation of the report. (3) The chief executive must-- (a) prepare the report having regard to the occupational health and safety performance standards published by the chief executive; and (b) give the report to the Authority within 3 months after receiving the application for the report. (4) In this section-- employer see the Workers' Compensation and Rehabilitation Act 2003, section 30. group employer see the Workers' Compensation and Rehabilitation Act 2003, schedule 6. 182B Purpose of div 1B The purpose of this division is to establish funding support for activities of the department for the provision of workplace health and safety regulation and related education and prevention services by providing for a workplace health and safety contribution to be paid by particular employers. 182C Definition for div 1B In this division-- non-scheme employer see the Workers' Compensation and Rehabilitation Act 2003, schedule 6. 182D Workplace health and safety contribution to be paid Each non-scheme employer must pay to the chief executive a workplace health and safety contribution for each financial year. 182E Workplace health and safety contribution notice (1) A non-scheme employer must pay its workplace health and safety contribution for a financial year in accordance with the requirements of a notice (workplace health and safety contribution notice) the chief executive gives to the non- scheme employer. (2) A workplace health and safety contribution notice must state the following- - (a) the financial year the notice relates to; (b) the total amount of the workplace health and safety contribution payable by the non-scheme employer for the financial year; (c) the calculations used to work out the workplace health and safety contribution payable by the non-scheme employer for the financial year; (d) the amount of any instalment of the workplace health and safety contribution currently payable by the non-scheme employer and the date by which the instalment must be paid. (3) Before the financial year starts, the chief executive must, for each financial year-- (a) work out the amount of the workplace health and safety contribution payable by each non-scheme employer for the financial year; and (b) give each non-scheme employer its first workplace health and safety contribution notice for the financial year. (4) The date by which an instalment must be paid, other than an overdue instalment, must not be earlier than the later of the following-- (a) the start of the part of the financial year to which the instalment relates; (b) 14 days after the non-scheme employer receives the workplace health and safety contribution notice advising that payment of the instalment is required. 182F Working out workplace health and safety contribution amounts (1) A regulation may prescribe all things necessary or convenient for establishing and operating arrangements for the payment of workplace health and safety contributions. (2) Without limiting subsection (1), a regulation may provide for any of the following-- (a) requirements for working out the amount of the workplace health and safety contribution payable by each non-scheme employer for a financial year; (b) payment of workplace health and safety contributions by instalments; (c) payment of a proportion of the amount of a workplace health and safety contribution in circumstances, identified in the regulation, in which it is not appropriate for a non-scheme employer to have to pay an amount for a full financial year; (d) adjustment of the amount of a workplace health and safety contribution to take account of significant change in the circumstances on which the working out of workplace health and safety contributions was based. (3) The size of a non-scheme employer's workplace health and safety contribution must be based on the number of workers of the non-scheme employer in Queensland. (4) For this section, the Commissioner of State Revenue appointed under the Taxation Administration Act 2001 may disclose to the chief executive any information the commissioner has about anything under the Payroll Tax Act 1971 if the commissioner is satisfied the disclosure is necessary to verify the correctness of information obtained by the chief executive from a non-scheme employer under this section. (5) Subsections (1) and (2) do not limit the power to make regulations under this Act. 182G Confidentiality of information obtained from Commissioner of State Revenue (1) This section applies if the Commissioner of State Revenue discloses information to the chief executive under section 182F(4). (2) An official (the first official) must not disclose the information to any one else unless the disclosure is made in the performance of the first official's functions under this Act-- (a) to another official for the performance of that official's functions under this Act; or (b) in a proceeding for a prosecution for an offence against this Act. Maximum penalty--100 penalty units. (3) In this section-- official means-- (a) the chief executive; or (b) a person involved in the administration of this Act; or (c) a person who has been an official. 183 Protection from liability--officials (1) In this section-- official means-- (a) the Minister; or (b) a member of a board of inquiry; or (c) a member of the board, an industry sector standing committee or the licensing review committee; or (d) the chief executive; or (e) an inspector. (2) An official is not civilly liable for an act done, or an omission made, honestly and without negligence under this Act. Examples of an act done-- giving information or advice (3) If subsection (2) prevents a civil liability attaching to an official, the liability attaches instead to the State. 184 Protection from liability--others (1) A workplace health and safety representative or a member of a workplace health and safety committee is not civilly liable because of the exercise of, or the failure to exercise, a health and safety entitlement under part 7. (2) A workplace health and safety officer is not civilly liable because of the performance of, or the failure to perform, a health and safety function under part 8. 184A Appointment of principal contractors (1) This section applies if a client commissions construction work and the construction work-- (a) is a prescribed activity; or (b) if the construction work is not a prescribed activity--has an estimated final price of more than $80000. (2) The client must appoint a principal contractor for the construction work. Maximum penalty--10 penalty units. (3) The client must-- (a) appoint the principal contractor by using the approved form; and (b) give a copy of the appointment to the principal contractor and the chief executive before the construction work starts. Maximum penalty--10 penalty units. (4) The client must ensure there is only 1 principal contractor appointed for the construction work at any particular time, unless the client has the chief executive's written approval to appoint more than 1 principal contractor for the work. Maximum penalty--10 penalty units. (5) If the client, without the chief executive's written approval, has in place, or purports to have in place, 2 or more principal contractors for the construction work at the one time-- (a) all principal contractor appointments end; and (b) the client is taken to be the principal contractor for the work until another principal contractor appointment is made. (6) The ending of principal contractor appointments because of subsection (5) does not affect a client's liability for an offence against subsection (4). 185 Powers of chief executive to make requirements about unsafe plant or substances (1) The chief executive may require-- (a) a designer, manufacturer or supplier of plant to prevent the use of unsafe plant at a workplace or elsewhere; or (b) a manufacturer or supplier of a substance to prevent the use of an unsafe substance at a workplace or elsewhere. (2) If the chief executive makes a requirement under subsection (1)-- (a) the requirement must be given in writing to-- (i) the designer, manufacturer or supplier of the plant; or (ii) the manufacturer or supplier of the substance; and (b) the decision to give the requirement must be made by the chief executive personally. (3) For this section, plant or a substance is unsafe if the chief executive reasonably believes-- (a) the plant or substance has caused, or is likely to cause, an immediate risk to a person's health and safety; or (b) appropriate information about the plant or substance is not available. (4) For subsection (3)(b), information is appropriate if-- (a) for plant--the information states-- (i) the use for which the plant has been designed and tested; and (ii) the conditions (if any) that must be observed if the plant is to be used safely and without risk to health; and (b) for a substance--the information clearly identifies the substance and states-- (i) the precautions (if any) to be taken for the safe use of the substance; and (ii) the health hazards (if any) associated with the substance; and (iii) the results of any tests relevant to the safe use of the substance that have been carried out on or in relation to the substance. 185A Powers of chief executive to require production of particular documents (1) The chief executive may require a person to make available for inspection by the chief executive, or produce to the chief executive for inspection, at a reasonable time and place nominated by the chief executive-- (a) a document issued to the person under this Act or required to be kept by the person under this Act; or (b) a document, including a contract, about work undertaken or being undertaken by the person relating to workplaces, relevant workplace areas, work activities, or plant or substances for use at a relevant place. (2) The person must comply with a requirement under subsection (1), unless the person has a reasonable excuse for not complying. Maximum penalty--10 penalty units. (3) If the person is an individual, it is a reasonable excuse for the person not to comply with the requirement under subsection (1) if complying with the requirement might tend to incriminate the person. (4) The chief executive may keep the document to copy it. (5) If the chief executive copies the document, or an entry in the document, the chief executive may require the person responsible for keeping the document to certify the copy as a true copy of the document or entry. (6) The person responsible for keeping the document must comply with the requirement, unless the person has a reasonable excuse for not complying. Maximum penalty--10 penalty units. (7) The chief executive must return the document to the person as soon as practicable after copying it. 185B Chief executive may require information from employers (1) The chief executive may ask an employer to disclose to the chief executive in the approved form, statistical or other information relating to its activities as an employer or a workplace health and safety matter. (2) An employer must comply with the request, unless the employer has a reasonable excuse for not complying. Maximum penalty for subsection (2)--10 penalty units. 185C Confidentiality of particular information (1) This section applies to an official who, in the course of administering this Act or because of an opportunity provided by involvement in administering this Act, has-- (a) acquired information about someone else; or (b) gained access to a document about someone else. (2) The official must not do either of the following-- (a) disclose to anyone else-- (i) the information; or (ii) the contents of or information contained in the document; (b) give access to the document to anyone else. Maximum penalty--100 penalty units. (2A) Subsection (2) does not apply to the disclosure of information, or the giving of access to a document, about a person-- (a) with the person's written consent; or (b) for administering, or monitoring or enforcing compliance with, this Act; or (c) for the administration or enforcement of another Act or law, if the disclosure or access is in the interests of public safety; or (d) in a proceeding before a court or a board of inquiry in which the information is relevant to the issue before the court or board; or (e) as required or authorised under an Act. (3) In this section-- official means-- (a) the chief executive; or (b) an inspector; or (c) a person involved in the administration of this Act; or (d) a person who has been an official. 185D Giving information to corresponding entity (1) The chief executive may, if asked by a corresponding entity under an arrangement, give the entity information held by the chief executive that the chief executive is satisfied will help the entity in the exercise of the entity's functions under a corresponding law. (2) A corresponding official who, in the course of administering a corresponding law or because of an opportunity provided by involvement in administering a corresponding law, has acquired information about someone else, or gained access to a document about someone else, must not do either of the following-- (a) disclose to anyone else the acquired information or information from the accessed document; (b) give access to the document to anyone else. Maximum penalty--100 penalty units. (3) Subsection (2) does not apply to the disclosure of information, or the giving of access to a document, about a person-- (a) with the person's written consent; or (b) for administering, or monitoring or enforcing compliance with, the corresponding law in relation to which the information was given under subsection (1); or (c) for the administration or enforcement of another Act or law, if the disclosure or access is in the interests of public safety; or (d) in a proceeding before a court, or before an entity carrying out functions under the corresponding law in relation to which the information was given under subsection (1), in which the information is relevant to the issue before the court or entity; or (e) as required or authorised under an Act. (4) Subsection (1) applies despite section 185C. (5) In this section-- corresponding entity means a person who, in relation to the administration of a corresponding law, has functions similar to the chief executive in relation to the administration of this Act. corresponding law means a law of the Commonwealth or another State about workplace health and safety. corresponding official means a person who is, or has been-- (a) a corresponding entity or a delegate of a corresponding entity; or (b) another person involved in the administration of a corresponding law. 186 Exemption of person or thing from Act (1) A regulation may exempt a person or thing from this Act or any of its provisions. (2) The exemption may be given on stated conditions. (3) If an exemption is given on conditions, the exemption operates only if the conditions are complied with. 187 Delegations The chief executive may delegate the chief executive's powers under this Act to an inspector or officer or employee of the public service. 189 Workplace Health and Safety Act 1989 references In an Act or document, a reference to the Workplace Health and Safety Act 1989 may, if the context permits, be taken to be a reference to this Act. 190 Existing advisory standards (1) The Workplace Health and Safety (Advisory Standards) Notice 1998 (the notice) is repealed. (2) The advisory standards mentioned in the notice, and as in force immediately before the commencement of this section-- (a) are continued in force as codes of practice; and (b) expire 10 years after their commencement. (3) To remove any doubt, it is declared that subsection (2)(b) does not prevent a statutory instrument, mentioned in the subsection and being continued in force, from being amended or repealed before its expiry under this Act. 191 Existing codes of practice (1) The industry codes of practice mentioned in the Workplace Health and Safety (Industry Codes of Practice) Notice 1999, and as in force immediately before the commencement of this section-- (a) are continued in force as codes of practice; and (b) expire 10 years after their commencement. (2) To remove any doubt, it is declared that subsection (1)(b) does not prevent a statutory instrument, mentioned in the subsection and being continued in force, from being amended or repealed before its expiry under this Act. 192 Prosecution for offence against s 24 Sections 24A and 28 to 29B of the Act, as in force immediately before the commencement of this section, continue to apply to a prosecution for an offence that was committed before the commencement. 193 Existing reviews of relevant licensing decisions (1) This section applies if-- (a) before the commencement of this section, a person made an application for the review of a relevant licensing decision, under part 11, division 2 of this Act as in force before the commencement; and (b) the application has not been decided or withdrawn at the commencement. (2) If the chief executive has started considering the application, the chief executive must continue considering the application and decide it in the way required under section 150 as in force before the commencement. (3) If the chief executive has not started considering the application-- (a) the application is taken to be an application for review made to the licensing review committee; and (b) the licensing review committee must consider and decide the application in the way required under section 150 as if the application had been made to the committee after the commencement. 194 Grounds for disciplinary action The grounds, under section 64L, for the licensing review committee taking disciplinary action against a person apply only to work or an activity performed or supervised by the person after the commencement of this section. 195 Applications to Supreme Court Section 119, as in force immediately before the commencement of this section, continues to apply after the commencement to an application to the Supreme Court made before the commencement as if the Workplace Health and Safety and Other Legislation Amendment Act 2008, section 16(2) to (4) had not been enacted. 196 Effect of regulation amendment The amendment of the Workplace Health and Safety Regulation 2008 by the Electrical Safety and Other Legislation Amendment Act 2009 does not affect the power of the Governor in Council to further amend the regulation or to repeal it. - SCHEDULE 1 -- PRESCRIBED ACTIVITIES schedule 3, definition prescribed activity 1 Prescribed activities--demolition work (1) Demolition work is a prescribed activity if the structure the subject of the demolition or dismantling contains pre-tensioned or post-tensioned structural components. (2) Demolition work is a prescribed activity if the demolition or dismantling of the structure involves the use of-- (a) load shifting equipment; or Examples of load shifting equipment for paragraph (a)-- combination front-end loader and backhoe, skid steer loader, excavator, crane (b) explosives or another induced collapse method. (3) All other demolition work is a prescribed activity unless the structure the subject of the demolition or dismantling is-- (a) a domestic house; or (b) a structure built as, and still having generally the characteristics of, a domestic house; or Example of building or other structure for paragraph (b)-- a domestic house converted to flats or an office (c) a structure that is ancillary to-- (i) a domestic house; or (ii) a structure mentioned in paragraph (b). Example of ancillary building or other structure for paragraph (c)-- a carport or garage 2 Prescribed activities--work to remove friable asbestos containing material Work to remove friable asbestos containing material is a prescribed activity. - SCHEDULE 2 -- SPECIFIED HIGH RISK PLANT 1 Meaning of specified high risk plant The following items of plant are specified high risk plant-- • airconditioning unit • amusement device • cooling tower • escalator • lift • LP gas cylinder. 2 Definitions for schedule In this schedule-- airconditioning unit means a unit of plant that provides airconditioning and that either-- (a) incorporates a cooling tower; or (b) consists of 1 or more compressors and the power rating required for operation of the airconditioning unit is 50kW or more. amusement device means a device-- (a) used for commercial purposes; and (b) used or designed to be used for amusement, games, recreation, sightseeing or entertainment, and on which persons may be carried, raised, lowered or supported by any part of the device (including, for example, any car, carriage, platform, cage, boat, plank, chair, seat or thing) while the part of the device is in motion. cooling tower means a device for lowering the temperature of water by evaporative cooling in which atmospheric air passes through sprayed water exchanging heat, and includes a device incorporating a refrigerant or water heat exchanger. escalator means a power driven inclined continuous stairway used for raising or lowering passengers, and includes a moving walkway. lift means any machinery-- (a) having a platform or cage the direction or movement of which is restricted by a guide or guides; and (b) used or designed for use for raising or lowering persons, goods or materials (and includes any and all machinery, supports, and enclosures) and all equipment of them (whether or not detachable) used or designed for use for operating a lift. LP gas cylinder means a cylinder with a water capacity of more than 0.1kg that contains liquefied petroleum gas under pressure. - SCHEDULE 3 -- DICTIONARY accredited provider see part 14, division 1. airconditioning unit see schedule 2. alleged contravention, for a workplace health and safety undertaking, see section 42D. amusement device see schedule 2. approved form means a form approved by the chief executive. area of representation, for a workplace health and safety representative, see section 69. asbestos means the fibrous form of the mineral silicates belonging to the serpentine and amphibole groups of rock-forming minerals and includes-- (a) actinolite, amosite (brown asbestos), anthophyllite, crocidolite (blue asbestos), chrysotile (white asbestos), tremolite; and (b) any mixture containing 1 or more of the minerals mentioned in paragraph (a). asbestos containing material means any material, object, product or debris containing asbestos. asbestos fibre means a fibre of asbestos having-- (a) a diameter of less than 3m; and Editor's note-- m is the symbol for micrometres. (b) a length more than 5m; and (c) a length to diameter ratio of more than 3:1. associated class 10a building means a class 10a building that is associated with a class 1a building. at a place includes in or on a place. authorised representative see section 90B. BCA means the edition of the Building Code of Australia as in force on 1 May 2004. board see section 44. bodily harm see Criminal Code, section 1. bonded asbestos containing material means asbestos containing material containing a bonding compound reinforced with asbestos fibres. Example-- Asbestos cement pipes and flat or corrugated asbestos cement sheets consist of sand and cement reinforced with asbestos fibres. Building Code of Australia see the Building Act 1975, schedule. certificate means a certificate given under this Act. class 1a building means a building that, under the BCA, part A3.2, is classified as a class 1a building. class 10a building means a building that, under the BCA, part A3.2, is classified as a class 10a building. client, for construction work, see section 12A. construction work see section 14. conviction includes a finding of guilt, and the acceptance of a plea of guilty by a court. cooling tower see schedule 2. corresponding occupational licence-- (a) means a licence, permit, certificate or other authority-- (i) issued or granted under a law of the Commonwealth or another State about workplace health and safety; and (ii) authorising its holder to perform work or an activity that is the same or substantially the same as work or an activity for which an occupational licence may be issued under this Act; and (b) includes a licence, permit, certificate or other authority, issued or granted under a law of the Commonwealth or another State, that is prescribed under a regulation. co-workers, for part 7, see section 66. dangerous event means an event caused by specified high risk plant, or an event at a workplace or relevant workplace area, if the event involves or could have involved exposure of persons to risk to their health and safety because of-- (a) collapse, overturning, failure or malfunction of, or damage to, an item of specified high risk plant; or (b) collapse or failure of an excavation or of any shoring supporting an excavation; or (c) collapse or partial collapse of any structure; or (d) damage to any load bearing member of, or the failure of any brake, steering device or other control device of, a crane, hoist, conveyor, lift or escalator; or (e) implosion, explosion or fire; or (f) escape, spillage or leakage of any hazardous material or dangerous goods; or (g) fall or release from a height of any plant, substance or object; or (h) damage to a boiler, pressure vessel or refrigeration plant; or (i) uncontrolled explosion, fire or escape of gas or steam. dangerous goods see Dangerous Goods Safety Management Act 2001, section 9. deal with includes sell, dispose of and destroy. decision, for part 11, see section 147A. demolition work means work to demolish or dismantle systematically a structure, or part of a structure, but does not include the systematic dismantling of-- (a) a part of a structure for alteration, maintenance, remodelling or repair; or (b) formwork, falsework, scaffold or other construction designed or used to provide support, access or containment during construction work. domestic premises means premises usually occupied as a private dwelling. eligible member, for part 7A, see section 90B. employee organisation, for part 7A, see section 90B. employer see section 10. escalator see schedule 2. estimated final price, for construction work, means the estimated final price at practical completion for the work, including any GST payable in relation to the supply of the work. executive officer, of a corporation, means a person who is concerned with, or takes part in, the corporation's management, whether or not the person is a director or the person's position is given the name of executive officer. fee includes tax. friable asbestos containing material means asbestos containing material that, when dry, is or may become crumbled, pulverised or reduced to powder by hand pressure. full bench-- (a) for part 7A, division 6, see section 90S; or (b) for part 11, division 3A, see section 151F. grievous bodily harm see Criminal Code, section 1. hazardous material see Dangerous Goods Safety Management Act 2001, section 12. identified person, for a workplace health and safety undertaking, see section 42D. illness includes a disease. improvement notice see section 117. included in, in relation to fixtures, fittings or plant, includes contained in, attached to or forming part of. industrial registrar means the industrial registrar under the Industrial Relations Act 1999. inspector means a person who is appointed under this Act as an inspector. licence holder, for part 11, see section 147A. licence show cause notice means-- (a) in relation to the holder of an occupational licence--a written notice about the chief executive's proposal to suspend or cancel the holder's licence under a regulation; or (b) in relation to the holder of a corresponding occupational licence--a written notice about the chief executive's proposal to, under a regulation, recommend to the relevant recognised official that the official suspend or cancel the holder's licence. licensing review committee means the Licensing Review Committee established under section 64A. lift see schedule 2. LP gas cylinder see schedule 2. manufactured home see the Manufactured Homes (Residential Parks) Act 2003, section 10. obstruct includes hinder, resist and attempt to obstruct. occupational licence means-- (a) a licence or certificate to perform particular work, or a particular activity, issued under this Act; or (b) an occupational certificate mentioned in section 39. occupier, of a place, includes a person who reasonably appears to be the occupier, or in charge, of the place. original decision, for part 11, see section 147A. owner means a person who holds legal title to a thing, structure or place, or part of a structure or place, and includes-- (a) a person who has control of a thing, structure or place; and (b) a person who manages a structure or place, or part of a structure or place, as agent for-- (i) a person who holds legal title to the structure or place; or (ii) a person mentioned in paragraph (a); and (c) a person from whom a thing, structure or place, or part of a structure or place, was seized, unless the chief executive is aware of its actual owner; and (d) a mortgagee in possession; and (e) a lessee; and (f) a licensee; and (g) a trustee; and (h) a company administrator, receiver, receiver and manager or liquidator. personal protective equipment includes any clothing, equipment and substance designed-- (a) to be worn by a person; and (b) to protect the person from risks of injury or illness. person in control-- (a) of a relevant workplace area--see section 15B; or (b) of fixtures, fittings or plant included in a relevant workplace area--see section 15C. place includes land, a building, another structure or installation, a road, a vehicle, a tent or marquee, or any other place (even if the place is in a natural or undeveloped state) whether the place is on, under or on the bed of any waters. plant includes-- (a) machinery, equipment, appliance, pressure vessel, implement and tool; and (b) personal protective equipment; and (c) a component of plant and a fitting, connection, accessory or adjunct to plant. prescribed activity means an activity that is a prescribed activity under schedule 1. principal contractor, for construction work, see section 13. prohibition notice see section 118. project manager, for construction work, see section 12B. provisional improvement notice see section 81B(2). public place means a place that the public is entitled to use, is open to the public or is used by the public, whether or not on payment of money. qualified person, for part 8, see section 92. qualified workplace health and safety representative see section 81A. reasonable excuse does not include a matter of mere convenience. reasonably believes means believes on grounds that are reasonable in all the circumstances. reasonably suspects means suspects on grounds that are reasonable in all the circumstances. recognised official, in relation to a corresponding occupational licence, means a person who may issue, suspend or cancel the licence under a law of the Commonwealth or another State about workplace health and safety. relevant information, for a substance, means information that clearly identifies the substance, and that states the following-- (a) any precautions that must be taken for the safe use of the substance; (b) any health hazards associated with the substance; (c) the results of any tests carried out for the substance that are relevant to its safe use. relevant licensing decision means-- (a) a decision of the chief executive to give a licence show cause notice to the holder of an occupational licence or corresponding occupational licence; or (b) a decision of an inspector to issue a prohibition notice to the holder of an occupational licence or corresponding occupational licence. relevant person see section 28(1). relevant place, in part 1, division 3 and part 3, division 2, means-- (a) for plant, other than specified high risk plant, or substances-- a workplace; or (b) for specified high risk plant--any place, whether or not a workplace. relevant workplace area see section 15A. review decision, for part 11, see section 150. review entity, for part 11, see section 147A. risk means risk of death, injury or illness. self-employed person see section 12. serious bodily injury means an injury to a person that causes-- (a) the injured person's death; or (b) the loss of a distinct part or an organ of the injured person's body; or (c) the injured person to be absent from the person's voluntary or paid employment for more than 4 days. specified high risk plant see schedule 2. structure means-- (a) a building, construction, wall, mast, tower, pylon, structural cable or telecommunications structure; or (b) an underground works (including shafts and tunnels), pipe, pipeline, sea defence works, river works, earthworks or earth retaining construction or other construction designed to preserve or alter a natural feature; or (c) a road or highway, footpath or driveway, railway line or siding, tramway line, airfield, dock or harbour, water storage or supply system (including a constructed lagoon), sewerage or drainage system, electricity or gas generation facility, transmission or distribution facility, gasholder, park or recreation ground (including, for example, a golf course, playing field, racecourse or swimming pool); or (d) production, storage or distribution facilities for heavy industries; or (e) fixed plant; or (f) a ship or submarine; or (g) formwork, falsework, scaffold or other construction designed or used to provide support, access or containment during construction work. substance means any natural or artificial substance, whether in solid or liquid form or in the form of a gas or vapour. union, for part 7, see section 66. used properly, for plant or a substance, see section 15. vehicle includes ship, boat and aircraft. waters include Queensland waters. work caused illness means-- (a) an illness contracted by a person to which a workplace, a relevant workplace area, a work activity, or plant or substances for use at a relevant place was a significant contributing factor; or (b) the recurrence, aggravation, acceleration, exacerbation or deterioration in a person of an existing illness if a workplace, a relevant workplace area, a work activity, or plant or substances for use at a relevant place was a significant contributing factor to the recurrence, aggravation, acceleration, exacerbation or deterioration. worker see section 11. work injury means-- (a) an injury to a person that requires first aid or medical treatment if the injury was caused by a workplace, a relevant workplace area, a work activity, or plant or substances for use at a relevant place; or (b) the recurrence, aggravation, acceleration, exacerbation or deterioration of an existing injury in a person if-- (i) first aid or medical treatment is required for the injury; and (ii) a workplace, a relevant workplace area, a work activity, or plant or substances for use at a relevant place caused the recurrence, aggravation, acceleration, exacerbation or deterioration; or (c) any serious bodily injury, if the injury was caused by a workplace, a relevant workplace area, a work activity, or plant or substances for use at a relevant place. workplace see section 9. workplace health and safety see section 22(1). workplace health and safety contribution notice see section 182E. workplace health and safety obligation means an obligation imposed under part 3. workplace health and safety officer means a person who-- (a) holds a current authority for appointment as a workplace health and safety officer; and (b) is appointed as a workplace health and safety officer by-- (i) an employer for the employer's workplace; or (ii) a principal contractor. workplace health and safety representative see section 67. workplace health and safety undertaking see section 42D. workplace incident means-- (a) an incident resulting in a person suffering-- (i) a work injury; or (ii) a work caused illness; or (b) an incident resulting in a dangerous event; or (c) another matter decided by the Minister to be a workplace incident. - NOTES Page Date to which amendments incorporated 209 Key 210 Table of reprints 210 Tables in earlier reprints 211 List of legislation 212 List of annotations 216 List of forms notified or published in the gazette 235 This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 26 October 2009. Future amendments of the Workplace Health and Safety Act 1995 may be made in accordance with this reprint under the Reprints Act 1992, section 49. Key Explanation Key Explanation AIA = Acts Interpretation Act 1954 (prev) = previously amd = amended proc = proclamation amdt = amendment prov = provision ch = chapter pt = part def = definition pubd = published div = division R[X] = Reprint No. [X] exp = expires/expired RA = Reprints Act 1992 gaz = gazette reloc = relocated hdg = heading renum = renumbered ins = inserted rep = repealed lap = lapsed (retro) = retrospectively notfd = notified rv = revised edition num = numbered s = section o in c = order in council sch = schedule om = omitted sdiv = subdivision orig = original SIA = Statutory Instruments Act 1992 p = page SIR = Statutory Instruments Regulation 2002 para = paragraph SL = subordinate legislation prec = preceding sub = substituted pres = present unnum = unnumbered Reprint No. Amendments to Effective Reprint date 1 none 1 July 1995 7 July 1995 2 1995 Act No. 57 28 November 1995 18 January 1996 2A 1997 Act No. 1 27 March 1997 11 April 1997 3 1997 Act No. 58 1 February 1998 2 February 1998 3A 1999 Act No. 42 1 January 2000 10 January 2000 4 2000 Act No. 33 28 September 2000 6 October 2000 4A 2000 Act No. 46 25 October 2000 8 November 2000 4B 2000 Act No. 46 16 March 2001 30 March 2001 4C 2001 Act No. 69 1 January 2002 15 January 2002 Reprint No. Amendments included Effective Notes 4D 2002 Act No. 42 1 October 2002 4E 2003 Act No. 19 9 May 2003 Reprint No. Amendments included Effective Notes 5 rv 2003 Act No. 18 1 June 2003 Revision notice issued for R5 5A 2003 Act No. 27 1 July 2003 5B 2003 Act No. 63 1 January 2004 5C 2003 Act No. 74 1 March 2004 5D rv 2004 Act No. 45 18 November 2004 5E rv 2004 Act No. 25 (amd 2004 31 December 2004 Act No. 26) 5F rv 2004 Act No. 45 1 January 2005 5G rv 2004 Act No. 45 1 February 2005 R5G rv withdrawn, see R6 rv 6 rv -- 1 February 2005 Revision notice issued for R6 6A 2005 Act No. 50 2 November 2005 6B 2005 Act No. 50 1 January 2006 6C 2006 Act No. 22 17 May 2006 6D 2005 Act No. 50 1 July 2006 R6D withdrawn, see R7 7 -- 1 July 2006 7A 2007 Act No. 23 28 May 2007 7B 2005 Act No. 50 (amd 2007 1 July 2007 Act No. 23) 7C 2007 Act No. 36 29 August 2007 7D 2007 Act No. 46 2007 Act 1 January 2008 R7D withdrawn, see R8 No. 52 8 -- 1 January 2008 8A 2007 Act No. 52 10 November 2008 8B 2008 Act No. 61 1 January 2009 8C 2009 Act No. 3 23 February 2009 8D 2008 Act No. 61 1 May 2009 8E 2009 Act No. 19 22 June 2009 R8E withdrawn, see R9 9 -- 22 June 2009 9A 2009 Act No. 38 26 October 2009 Name of table Reprint No. Corrected minor errors 6, 9 (The following information about forms is taken from the gazette and is included for information purposes only. Because failure by a department to notify or publish a form in the gazette does not invalidate the form, you should check with the relevant government department for the latest information about forms (see Statutory Instruments Act, section 58(8)).) >