Queensland Consolidated Acts

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Work Health and Safety Act 2011


TABLE OF PROVISIONS

           Contents

           Part 1--Preliminary

           Division 1--Introduction

   1.      Short title
   2.      Commencement

           Division 2--Object

   3.      Object

           Division 3--Interpretation
           Subdivision 1--Definitions

   4.      Definitions
           Subdivision 2--Other important terms
   5.      Meaning of person conducting a business or undertaking
   6.      Meaning of supply
   7.      Meaning of worker
   8.      Meaning of workplace
   9.      Section number not used

           Division 4--Application of Act

   10.     Act binds all persons
   11.     Section number not used
   12.     Scope: application of Act to particular matters

           Part 2--Health and safety duties

           Division 1--Introductory
           Subdivision 1--Principles that apply to duties

   13.     Principles that apply to duties
   14.     Duties not transferable
   15.     Person may have more than 1 duty
   16.     More than 1 person can have a duty
   17.     Management of risks
           Subdivision 2--What is reasonably practicable
   18.     What is reasonably practicable in ensuring health and safety

           Division 2--Primary duty of care

   19.     Primary duty of care

           Division 3--Further duties of persons conducting businesses or undertakings

   20.     Duty of persons conducting businesses or undertakings involving management or control of workplaces
   21.     Duty of persons conducting businesses or undertakings involving management or control of fixtures, fittings or plant at workplaces
   22.     Duties of persons conducting businesses or undertakings that design plant, substances or structures
   23.     Duties of persons conducting businesses or undertakings that manufacture plant, substances or structures
   24.     Duties of persons conducting businesses or undertakings that import plant, substances or structures
   25.     Duties of persons conducting businesses or undertakings that supply plant, substances or structures
   26.     Duty of persons conducting businesses or undertakings that install, construct or commission plant or structures

           Division 4--Duty of officers, workers and other persons

   27.     Duty of officers
   28.     Duties of workers
   29.     Duties of other persons at the workplace

           Division 5--Offences and penalties

   30.     Health and safety duty
   31.     Reckless conduct—category 1
   32.     Failure to comply with health and safety duty—category 2
   33.     Failure to comply with health and safety duty—category 3
   33A.    Duty prevails over particular excuses
   34.     Exceptions

           Part 3--Incident notification

   35.     What is a notifiable incident
   36.     What is a serious injury or illness
   37.     What is a dangerous incident
   38.     Duty to notify of notifiable incidents
   39.     Duty to preserve incident sites

           Part 4--Authorisations

   40.     Meaning of authorised
   41.     Requirements for authorisation of workplaces
   42.     Requirements for authorisation of plant or substance
   43.     Requirements for authorisation of work
   44.     Requirements for prescribed qualifications or experience
   45.     Requirement to comply with conditions of authorisation

           Part 5--Consultation, representation and participation

           Division 1--Consultation, cooperation and coordination between duty holders

   46.     Duty to consult with other duty holders

           Division 2--Consultation with workers

   47.     Duty to consult workers
   48.     Nature of consultation
   49.     When consultation is required

           Division 3--Health and safety representatives
           Subdivision 1--Request for election of health and safety representatives

   50.     Request for election of health and safety representative
           Subdivision 2--Determination of work groups
   51.     Determination of work groups
   52.     Negotiations for agreement for work group
   53.     Notice to workers
   54.     Failure of negotiations
           Subdivision 3--Multiple-business work groups
   55.     Determination of work groups of multiple businesses
   56.     Negotiation of agreement for work groups of multiple businesses
   57.     Notice to workers
   58.     Withdrawal from negotiations or agreement involving multiple businesses
   59.     Effect of subdivision on other arrangements
           Subdivision 4--Election of health and safety representatives
   60.     Eligibility to be elected
   61.     Procedure for election of health and safety representatives
   62.     Eligibility to vote
   63.     When election not required
   64.     Term of office of health and safety representative
   65.     Disqualification of health and safety representatives
   66.     Immunity of health and safety representatives
   67.     Deputy health and safety representatives
           Subdivision 4A--Disqualification process
   67A.    Definition for subdivision
   67B.    Application of subdivision
   67C.    Decision on application may be given on the papers or at a hearing
   67D.    Applications decided on the papers
   67E.    Applications decided at a hearing
   67F.    Notice of decision
           Subdivision 5--Powers and functions of health and safety representatives
   68.     Powers and functions of health and safety representatives
   69.     Powers and functions generally limited to the particular work group
           Subdivision 6--Obligations of person conducting business or undertaking to health and safety representatives
   70.     General obligations of person conducting business or undertaking
   71.     Exceptions from obligations under s 70(1)
   72.     Obligation to train health and safety representatives
   73.     Obligation to share costs if multiple businesses or undertakings
   74.     List of health and safety representatives

           Division 4--Health and safety committees

   75.     Health and safety committees
   76.     Constitution of committee
   77.     Functions of committee
   78.     Meetings of committee
   79.     Duties of person conducting business or undertaking

           Division 5--Issue resolution

   80.     Parties to an issue
   81.     Resolution of health and safety issues
   82.     Referral of issue to regulator for resolution by inspector

           Division 6--Right to cease or direct cessation of unsafe work

   83.     Definition of cease work under this division
   84.     Right of worker to cease unsafe work
   85.     Health and safety representative may direct that unsafe work cease
   86.     Worker to notify if ceases work
   87.     Alternative work
   88.     Continuity of engagement of worker
   89.     Request to regulator to appoint inspector to assist

           Division 7--Provisional improvement notices

   90.     Provisional improvement notices
   91.     Provisional improvement notice to be in writing
   92.     Contents of provisional improvement notice
   93.     Provisional improvement notice may give directions to remedy contravention
   94.     Minor changes to provisional improvement notice
   95.     Issue of provisional improvement notice
   96.     Health and safety representative may cancel notice
   97.     Display of provisional improvement notice
   98.     Formal irregularities or defects in notice
   99.     Offence to contravene a provisional improvement notice
   100.    Request for review of provisional improvement notice
   101.    Regulator to appoint inspector to review notice
   102.    Decision of inspector on review of provisional improvement notice

           Division 8--Part not to apply to prisoners and detainees

   103.    Part does not apply to prisoners and detainees

           Part 6--Discriminatory, coercive and misleading conduct

           Division 1--Prohibition of discriminatory, coercive or misleading conduct

   104.    Prohibition of discriminatory conduct
   105.    What is discriminatory conduct
   106.    What is a prohibited reason
   107.    Prohibition of requesting, instructing, inducing, encouraging, authorising or assisting discriminatory conduct
   108.    Prohibition of coercion or inducement
   109.    Misrepresentation

           Division 2--Criminal proceedings in relation to discriminatory conduct

   110.    Proof of discriminatory conduct
   111.    Order for compensation or reinstatement

           Division 3--Civil proceedings in relation to discriminatory or coercive conduct

   112.    Civil proceedings in relation to engaging in or inducing discriminatory or coercive conduct
   113.    Procedure for civil actions for discriminatory conduct

           Division 4--General

   114.    General provisions relating to orders
   115.    Prohibition of multiple actions

           Part 7--Workplace entry by WHS entry permit holders

           Division 1--Introductory

   116.    Definitions

           Division 2--Entry to inquire into suspected contraventions

   117.    Entry to inquire into suspected contraventions
   118.    Rights that may be exercised while at workplace
   119.    Notice of entry
   120.    Entry to inspect employee records or information held by another person

           Division 3--Entry to consult and advise workers

   121.    Entry to consult and advise workers
   122.    Notice of entry

           Division 4--Requirements for WHS entry permit holders

   123.    Contravening WHS entry permit conditions
   124.    WHS entry permit holder must also hold permit under other law
   125.    WHS entry permit to be available for inspection
   126.    When right may be exercised
   127.    Where the right may be exercised
   128.    Work health and safety requirements
   129.    Residential premises
   130.    WHS entry permit holder not required to disclose names of workers

           Division 5--WHS entry permits

   131.    Application for WHS entry permit
   132.    Consideration of application
   133.    Eligibility criteria
   134.    Issue of WHS entry permit
   135.    Conditions on WHS entry permit
   136.    Term of WHS entry permit
   137.    Expiry of WHS entry permit
   138.    Application to revoke WHS entry permit
   139.    Commission must permit WHS entry permit holder to show cause
   140.    Determination of application

           Division 6--Dealing with disputes

   141.    Application for assistance of inspector to resolve dispute
   142.    Commission may deal with a dispute about a right of entry under this Act
   143.    Contravening order made to deal with dispute

           Division 7--Prohibitions

   144.    Person must not refuse or delay entry of WHS entry permit holder
   145.    Person must not hinder or obstruct WHS entry permit holder
   146.    WHS entry permit holder must not delay, hinder or obstruct any person or disrupt work at workplace
   147.    Misrepresentations about things authorised by this part
   148.    Unauthorised use or disclosure of information or documents

           Division 8--General

   149.    Return of WHS entry permits
   150.    Union to provide information to industrial registrar
   151.    Register of WHS entry permit holders

           Part 8--The regulator

           Division 1--Functions of regulator

   152.    Functions of regulator
   153.    Powers of regulator
   154.    Delegation by regulator

           Division 2--Powers of regulator to obtain information

   155.    Powers of regulator to obtain information

           Part 9--Securing compliance

           Division 1--Appointment of inspectors

   156.    Appointment of inspectors
   157.    Identity cards
   158.    Accountability of inspectors
   159.    Suspension and ending of appointment of inspectors

           Division 2--Functions and powers of inspectors

   160.    Functions and powers of inspectors
   161.    Conditions on inspectors' compliance powers
   162.    Inspectors subject to regulator's directions

           Division 3--Powers relating to entry
           Subdivision 1--General powers of entry

   163.    Powers of entry
   164.    Notification of entry
   165.    General powers on entry
   166.    Persons assisting inspectors
           Subdivision 2--Search warrants
   167.    Search warrants
   167A.   Electronic application
   168.    Announcement before entry on warrant
   169.    Copy of warrant to be given to person with management or control of place
           Subdivision 3--Limitation on entry powers
   170.    Places used for residential purposes
           Subdivision 4--Specific powers on entry
   171.    Power to require production of documents and answers to questions
   172.    Abrogation of privilege against self-incrimination
   173.    Warning to be given
   174.    Powers to copy and retain documents
   175.    Power to seize evidence etc.
   176.    Inspector's power to seize dangerous workplaces and things
   177.    Powers supporting seizure
   178.    Receipt for seized things
   179.    Forfeiture of seized things
   180.    Return of seized things
   181.    Access to seized things

           Division 4--Damage and compensation

   182.    Damage etc. to be minimised
   183.    Inspector to give notice of damage
   184.    Compensation

           Division 5--Other matters

   185.    Power to require name and address
   186.    Inspector may take affidavits
   187.    Inspector at coronial inquests

           Division 6--Offences in relation to inspectors

   188.    Offence to hinder or obstruct inspector
   189.    Offence to impersonate inspector
   190.    Offence to assault, threaten or intimidate inspector

           Part 10--Enforcement measures

           Division 1--Improvement notices

   191.    Issue of improvement notices
   192.    Contents of improvement notices
   193.    Compliance with improvement notice
   194.    Extension of time for compliance with improvement notices

           Division 2--Prohibition notices

   195.    Power to issue prohibition notice
   196.    Contents of prohibition notice
   197.    Compliance with prohibition notice

           Division 3--Non-disturbance notices

   198.    Issue of non-disturbance notice
   199.    Contents of non-disturbance notice
   200.    Compliance with non-disturbance notice
   201.    Issue of subsequent notices

           Division 4--General requirements applying to notices

   202.    Application of division
   203.    Notice to be in writing
   204.    Directions in notices
   205.    Recommendations in notice
   206.    Changes to notice by inspector
   207.    Regulator may vary or cancel notice
   208.    Formal irregularities or defects in notice
   209.    Issue and giving of notice
   210.    Display of notice

           Division 5--Remedial action

   211.    When regulator may carry out action
   212.    Power of the regulator to take other remedial action
   213.    Costs of remedial or other action

           Division 6--Injunctions

   214.    Application of division
   215.    Injunctions for noncompliance with notices

           Part 11--Enforceable undertakings

   216.    Regulator may accept WHS undertakings
   217.    Notice of decision and reasons for decision
   218.    When a WHS undertaking is enforceable
   219.    Compliance with WHS undertaking
   220.    Contravention of WHS undertaking
   221.    Withdrawal or variation of WHS undertaking
   222.    Proceeding for alleged contravention

           Part 12--Review of decisions

           Division 1--Reviewable decisions

   223.    Which decisions are reviewable

           Division 2--Internal review

   224.    Application for internal review
   225.    Internal reviewer
   226.    Decision of internal reviewer
   227.    Decision on internal review
   228.    Stay of reviewable decisions on internal review

           Division 3--External review

   229.    Application for external review

           Division 4--Review by commission

   229A.   Decision
   229B.   How to start review
   229C.   Stay of operation of decision
   229D.   Hearing procedures
   229E.   Powers of commission on application
   229F.   Appeals

           Part 13--Legal proceedings

           Division 1--General matters

   230.    Prosecutions
   231.    Procedure if prosecution is not brought
   232.    Limitation period for prosecutions
   233.    Multiple contraventions of health and safety duty provision

           Division 2--Sentencing for offences

   234.    Application of this division
   235.    Orders generally
   236.    Adverse publicity orders
   237.    Orders for restoration
   238.    Work health and safety project orders
   239.    Release on the giving of a court-ordered WHS undertaking
   240.    Injunctions
   241.    Training orders
   242.    Offence to fail to comply with order

           Division 3--

   243.    Division and section number not used

           Division 4--Offences by bodies corporate

   244.    Imputing conduct to bodies corporate

           Division 5--The State, Commonwealth and other States

   245.    Offences and the State, Commonwealth and other States
   246.    WHS civil penalty provisions and the State, Commonwealth and other States
   247.    Officers
   248.    Responsible agency for the State, Commonwealth or another State

           Division 6--Public authorities

   249.    Application to public authorities that are bodies corporate or local governments
   250.    Proceedings against public authorities
   251.    Imputing conduct to public authorities
   252.    Officer of public authority
   253.    Proceedings against successors to public authorities

           Division 7--WHS civil penalty provisions

   254.    When is a provision a WHS civil penalty provision
   255.    Proceedings for contravention of WHS civil penalty provision
   256.    Involvement in contravention treated in same way as actual contravention
   257.    Contravening a civil penalty provision is not an offence
   258.    Civil proceeding rules and procedure to apply
   259.    Proceeding for a contravention of a WHS civil penalty provision
   260.    Proceeding may be taken by the regulator or an inspector
   261.    Limitation period for WHS civil penalty proceedings
   262.    Recovery of a monetary penalty
   263.    Civil double jeopardy
   264.    Criminal proceedings during civil proceedings
   265.    Criminal proceedings after civil proceedings
   266.    Evidence given in proceedings for contravention of WHS civil penalty provision not admissible in criminal proceedings

           Division 8--Civil liability not affected by this Act

   267.    Civil liability not affected by this Act

           Part 14--General

           Division 1--General provisions

   268.    Offence to give false or misleading information
   269.    Act does not affect legal professional privilege
   270.    Immunity from liability
   271.    Confidentiality of information
   272.    No contracting out
   273.    Person not to levy workers

           Division 2--Codes of practice

   274.    Approved codes of practice
   275.    Use of codes of practice in proceedings

           Division 3--Regulation-making power

   276.    Regulation-making power

           Part 15--Repeals

   277.    Repeal of Workplace Health and Safety Act 1995
   278.    Repeal of Dangerous Goods Safety Management Act 2001

           Part 16--Transitional provisions

           Division 1--Provisions for the repeal of the Workplace Health and Safety Act 1995
           Subdivision 1--Preliminary

   279.    Definitions for div 1
           Subdivision 2--Proceedings
   280.    Application of this Act and repealed Act in relation to particular provisions
   281.    Application of this Act and repealed Act in relation to other particular provisions
   282.    Investigations and proceedings generally
           Subdivision 3--Status of persons, bodies, processes and other matters
   283.    Principal contractor
   284.    Code of practice preserved
   285.    Enforceable undertaking
   286.    Appointment to particular board and committee preserved
   287.    Election of workplace health and safety representative preserved
   288.    Training requirements for workplace health and safety representative
   289.    Provisional improvement notices preserved
   290.    Suspension or cancellation relating to workplace health and safety representative preserved
   291.    Workplace health and safety committee preserved
   292.    Appointment of authorised representative preserved
   293.    Appointment of inspector
   294.    Warrants and actions by inspectors preserved
   295.    Improvement notice preserved
   296.    Prohibition notice preserved
   297.    Appeals

           Division 2--Provisions for repeal of Dangerous Goods Safety Management Act 2001

   298.    Definitions for pt 15, div 2
   299.    Application of this Act and repealed Act in relation to particular provisions
   300.    Application of this Act and repealed Act in relation to other particular provisions
   301.    Investigations and proceedings generally
   302.    Directive by authorised officer preserved
   303.    Warrants and actions by authorised officer preserved
   304.    Cost recovery notice
   305.    Appeals
   306.    Regulation-making power for major hazard facility

           Division 3--Transitional provisions for Work Health and Safety and Other Legislation Amendment Act 2014

   307.    Definitions
   308.    Existing directions to cease unsafe work
   309.    Entry to workplace under former s 119

           Division 4--Transitional provisions for Rail Safety National Law (Queensland) Act 2017

   310.    Definitions for division
   311.    Continuation of former rail safety provision
           SCHEDULE 1--APPLICATION OF ACT

           Part 1--Dangerous goods and high risk plant
           1. Application to storage and handling of dangerous goods

           Part 2--Relationship with other Acts

           Division 1--Mining safety and related matters
           1. Definition for div 1
           2. Relationship with mining Acts
           3. Relationship with P&G Act relating to design or manufacture of operating plant

           Division 2--Electrical safety
           4. Relationship with Electrical Safety Act 2002

           Division 3--Rail safety
           5. Relationship with Rail Safety National Law (Queensland)

           Division 4--Recreational water activities
           6. Relationship with Safety in Recreational Water Activities Act 2011

           Division 5--Other legislation
           7. Generally
           SCHEDULE 2--THE REGULATOR AND LOCAL TRIPARTITE CONSULTATION ARRANGEMENTS AND OTHER LOCAL ARRANGEMENTS

           Part 1--The regulator
           1. Appointment of regulator

           Part 2--Industry consultative arrangements

           Division 1--Purposes of part
           2. Purposes of part

           Division 2--The board and its functions
           3. Work health and safety board
           4. Functions of board
           5. Annual report

           Division 3--Membership and conduct of board proceedings
           6. Membership of board
           7. Times of board meetings
           8. Conduct of proceedings
           9. Disclosure of interests
           10. Minutes

           Division 4--Provisions about appointed board members
           11. Duration of appointment
           12. Leave of absence
           13. Conditions of appointment

           Division 5--Industry sector standing committees
           14. Industry sector standing committees
           15. Functions of industry sector standing committees

           Division 6--Membership and conduct of industry sector standing committee proceedings
           16. Membership of industry sector standing committee
           17. Times of industry sector standing committee meetings
           18. Conduct of industry sector standing committee proceedings
           19. Disclosure of interests
           20. Minutes

           Division 7--Provisions about industry sector standing committee members
           21. Duration of appointment
           22. Leave of absence
           23. Conditions of appointment

           Part 3--Self-insurance report
           24. Application for report relating to workers' compensation self-insurance
           SCHEDULE 2A--REVIEWABLE DECISIONS
           SCHEDULE 3--REGULATION-MAKING POWERS
           1. Duties
           2. Incidents
           3. Plant, substances or structures
           4. Protection and welfare of workers
           5. Hazards and risks
           6. Records and notices
           7. Authorisations
           8. Work groups
           9. Health and safety committees and health and safety representatives
           10. Issue resolution
           11. WHS entry permits
           12. Identity cards
           13. Forfeiture
           14. Review of decisions
           SCHEDULE 5--DICTIONARY


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