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WORK HEALTH AND SAFETY ACT 2011 - SCHEDULE 5

WORK HEALTH AND SAFETY ACT 2011 - SCHEDULE 5

SCHEDULE 5 – Dictionary


"affected person" , for schedule 2 , part 2A , see schedule 2 , section 23A .


"affected persons committee" , for schedule 2 , part 2A , see schedule 2 , section 23B .


"applicant" , for part 5 , division 3 , subdivision 4A , see section 67A .


"approved code of practice" means a code of practice approved under part 14 .


"assessment report" see section 103E (1) .


"authorised" , for part 4 , see section 40 .


"category 1 offence" see section 31 .


"category 2 offence" see section 32 .


"category 3 offence" see section 33 .


"causes" , for part 2A , see section 34A (2) .


"cease work under this division" , for part 5 , division 6 , see section 83 .


"commission" means the Queensland Industrial Relations Commission.


"committee member" , for schedule 2 , part 2A , see schedule 2 , section 23D (1) .


"compliance powers" means the functions and powers conferred on an inspector under this Act.


"condition" includes limitation and restriction.


"conduct" , for part 2A , see section 34A (1) .


"construct" includes assemble, erect, reconstruct, reassemble and re-erect.


"corresponding regulator" means the holder of a public office, or a public authority, of the Commonwealth, or of a State, who or which is responsible for administering a corresponding law.


"corresponding WHS law" means—

(a) a law of another State corresponding, or substantially corresponding, to this Act; or
(b) a law of another State that is declared under a regulation to be a corresponding law, whether or not the law corresponds, or substantially corresponds, to this Act.

"court" , for part 13 , division 7 , see section 255 .


"dangerous incident" , for part 3 and section 176 , see section 37 .


"demolition" includes deconstruction.


"design" , in relation to plant, a substance or a structure includes—
(a) design of part of the plant, substance or structure; and
(b) redesign or modify a design.

"disclose" , in relation to information, includes divulge or communicate to any person or publish.


"discriminatory conduct" , for part 6 , see section 105 .


"dispute" , for part 5 , division 7A , see section 102A .


"document" includes record.


"employee record" , in relation to an employee, has the same meaning as it has in the Privacy Act 1988 of the Commonwealth.


"employer organisation" means an organisation of employers.


"engages in conduct" means doing an act or omitting to do an act.


"executive officer" , of a corporation, for part 2A , see section 34A (1) .


"external review body" see section 223 (1) (c) .


"Fair Work Act" means the Fair Work Act 2009 of the Commonwealth.


"handling" includes transport.


"health" means physical and psychological health.


"health and safety duty" see section 30 .


"health and safety representative" , in relation to a worker, means the health and safety representative elected under part 5 for the work group of which the worker is a member.


"import" means to bring into Queensland from outside Australia.


"improvement notice" see section 191 .


"industrial officer authority" means an authority issued under the Industrial Relations Act 2016 , section 337 .


"industrial registrar" means the registrar appointed under the Industrial Relations Act 2016 , section 514 .


"information" , for schedule 2 , part 4 , division 5 , see schedule 2 , section 45 .


"infringement notice" means an infringement notice under the State Penalties Enforcement Act 1999 .


"inspector" means an inspector appointed under part 9 .


"internal reviewer" means—
(a) the regulator; or
(b) a person appointed by the regulator under section 225 .

"medical treatment" means treatment by a doctor.


"non-disturbance notice" see section 198 .


"notifiable incident" see section 35 .


"offender" , for part 13 , division 2 , see section 234 .


"officer" means—
(a) an officer within the meaning of section 9 of the Corporations Act 2001 of the Commonwealth other than a partner in a partnership; or
(b) an officer of the State, Commonwealth or another State within the meaning of section 247 ; or
(c) an officer of a public authority within the meaning of section 252 ;
other than an elected member of a local government acting in that capacity.


"official of a union" , for part 7 , see section 116 .


"person conducting a business or undertaking" see section 5 .


"personal information" has the same meaning as it has in the Privacy Act 1988 of the Commonwealth.


"plant" includes—
(a) any machinery, equipment, appliance, container, implement and tool; and
(b) any component of any of those things; and
(c) anything fitted or connected to any of those things.

"prohibited reason" , for part 6 , see section 106 .


"prohibition notice" see section 195 .


"public authority" means—
(a) an authority or body established or incorporated for a public purpose by a law of the State, another State or of the Commonwealth, including a body corporate incorporated under a law of the State, another State or of the Commonwealth in which the State, the other State or the Commonwealth has a controlling interest; or
(b) a GOC; or
(c) a rail government entity under the Transport Infrastructure Act 1994 ; or
(d) local government; or
(e) a statutory body under the Statutory Bodies Financial Arrangements Act 1982 .

"reasonably practicable" , in relation to a duty to ensure health and safety, see section 18 .


"regulator" see schedule 2 , part 1 .


"relevant person conducting a business or undertaking" , for part 7 , see section 116 .


"relevant union"
(a) for a WHS matter, for part 5 , division 7A , see section 102A ; or
(b) for part 7 , see section 116 .

"relevant worker" , for part 7 , see section 116 .


"repeal" , for—
(a) part 16 , division 1 , see section 279 ; or
(b) part 16 , division 2 , see section 298 .

"repealed Act" , for—
(a) part 16 , division 1 , see section 279 ; or
(b) part 16 , division 2 , see section 298 .

"representative" , in relation to a worker, means—
(a) the health and safety representative for the worker; or
(b) a union representing the worker; or
(c) any other person the worker authorises to represent him or her.

"senior officer" , of a person conducting a business or undertaking, for part 2A , see section 34A (1) .


"serious injury or illness" , for part 3 , section 176 and schedule 2 , see section 36 .


"State or Territory industrial law" has the same meaning as it has in the Fair Work Act.


"structure" means anything that is constructed, whether fixed or moveable, temporary or permanent, and includes—
(a) buildings, masts, towers, framework, pipelines, transport infrastructure and underground works (shafts or tunnels); and
(b) any component of a structure; and
(c) part of a structure.

"substance" means any natural or artificial substance, whether in the form of a solid, liquid, gas or vapour.


"supply" see section 6 .


"union" means—
(a) an employee organisation that is registered, or taken to be registered, under the Fair Work (Registered Organisations) Act 2009 of the Commonwealth; or
(b) an employee organisation under the Industrial Relations Act 2016 ; or
(c) an association of employees or independent contractors, or both, that is registered or recognised as such an association (however described) under a State or Territory industrial law.

"volunteer" means a person who is acting on a voluntary basis (irrespective of whether the person receives out-of-pocket expenses).


"WHS civil penalty provision" see section 254 .


"WHS entry permit" means a WHS entry permit issued under part 7 .


"WHS entry permit holder" means a person who holds a WHS entry permit.


"WHS matter" , for part 5 , division 7A , see section 102A .


"WHS prosecutor" see schedule 2 , section 25 .


"WHS undertaking" means an undertaking given under section 216 (1) .


"worker" see section 7 .


"work group" means a work group determined under part 5 .


"workplace" see section 8 .


"workplace incident" , for schedule 2 , part 2A , see schedule 2 , section 23A .