WORK HEALTH AND SAFETY ACT 2011 - As at 28 March 2024 - Act 18 of 2011
- As at 28 March 2024
- Act 18 of 2011
Table of Provisions
PART 1 - PRELIMINARY
Division 1 - Introduction
- 1 Short title
- 2 Commencement
Division 2 - 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
Division 2 - 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
- 26A Duty of persons conducting business or undertaking—codes of practice
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 2A - INDUSTRIAL MANSLAUGHTER
- 34A Definitions for part
- 34B Exceptions
- 34C Industrial manslaughter—person conducting business or undertaking
- 34D Industrial manslaughter—senior officer
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
- 97A Person conducting business or undertaking to give copy of provisional improvement notice to regulator
- 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 7A - Work health and safety disputes
- 102A Definitions for division
- 102B Notice of dispute may be given to commission
- 102C Action for settling dispute
- 102D Review of particular decisions made by inspector
- 102E Decision not to deal with dispute
- 102F Costs
- 102G Appeal
Division 8 - Part not to apply to prisoners and detainees
- 103 Part does not apply to prisoners and detainees
PART 5A - WORK HEALTH AND SAFETY OFFICERS
- 103A Appointment
- 103B General functions of work health and safety officer who is not the person conducting the business or undertaking
- 103C General functions of work health and safety officer who is the person conducting the business or undertaking
- 103D Assessment functions
- 103E Assessment reports
- 103F General obligations of person conducting business or undertaking to work health and safety officer
- 103G Immunity for work health and safety officers
- 103H Appointment of work health and safety officers does not affect duties and obligations under this Act
- 103I Displaying identities
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
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
Subdivision 1 - Role of inspectors
- 141 Application for assistance of inspector to resolve dispute
141A. (Repealed)
Subdivision 2 - Role of commission
- 142 Commission may deal with a dispute about a right of entry under this Act
142A. (Repealed)
- 143 Contravening order made to deal with dispute
143A. (Repealed)
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 WHS prosecutor
- 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
- 272A Insurance or other indemnity against penalties
- 272B Officer may be taken to have committed offence against s 272A
- 273 Person not to levy workers
- 273A Evidentiary aids
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
- 312 Definitions for division
- 313 Existing proceedings
- 314 Appealing decisions made on proceedings decided before commencement
- 315 Application of s 232(1) to offences allegedly committed before commencement
- 316 Requests made to the regulator under s 231
- 317 Adverse publicity orders made before commencement
- 318 Application of s 261 to alleged contraventions of WHS civil penalty provisions before commencement
- 319 Review proceedings for decisions mentioned in sch 2A, items 4–12
- 320 Appeal against review decisions mentioned in sch 2A, items 4–12
- 321 Definitions for division
- 322 Application of former s 142A to decision made before commencement
- 323 Review proceedings under former s 142A
- 324 Application of amended WHS civil penalty provisions
- 325 Validation of entries in relation to electrical safety contraventions
Subdivision 1 - Provision commencing on assent