South Australian Consolidated Acts South Australian Consolidated Acts (1) In this Act,
unless the contrary intention appears—
"accident" means an unplanned occurrence or incident that causes or
contributes to personal injury or damage to property;
"Advisory Committee" means the SafeWork SA Advisory Committee established
under Part 2;
"appointed member" of the Advisory Committee means a member of the
Advisory Committee appointed by the Governor;
"approved code of practice" means a code of practice approved by the Minister
pursuant to section 63;
"business day" in relation to a particular workplace means any day on which
work is normally carried out at the workplace;
"contract of service" means—
(a) a
contract under which one person is employed by another;
(b) a
contract of apprenticeship;
(c) a
contract, arrangement or understanding under which a person receives
on-the-job training in a trade or vocation from another;
"Department" means the administrative unit of the Public Service that is,
under the Minister, responsible for the administration of this Act;
"the designated person" means—
(a) in
relation to mines to which the Mines and Works Inspection Act 1920
applies—the Chief Inspector of Mines;
(b) in
relation to operations to which the Petroleum Act 2000 , the
Petroleum (Submerged Lands) Act 1982 or the Offshore Minerals
Act 2000 applies—the chief executive of the administrative unit of
the Public Service that is, under a Minister, responsible for the
administration of those Acts;
(c) in
any other case—a public service employee authorised by the Minister to
exercise the powers of the designated person under this Act;
"Director" means the person for the time being holding, or acting in, the
position of Executive Director of that part of the Department that is directly
involved in the administration and enforcement of this Act;
"employee" means a person who is employed under a contract of service or who
works under a contract of service;
"employer" means a person by whom an employee is employed under a
contract of service or for whom work is done by an employee under a contract
of service;
"health and safety committee" means a health and safety committee established
under Part 4;
"health and safety representative" means a health and safety representative
elected in accordance with Part 4;
"Industrial Commission" means the Industrial Relations Commission of South
Australia;
"Industrial Court" means the Industrial Relations Court of South Australia;
"inspector" means—
(a) in
relation to mines to which the Mines and Works Inspection Act 1920
applies—an inspector of mines under that Act;
(b) in
relation to operations to which the Petroleum Act 2000 applies—an
authorised officer under that Act;
(c) in
relation to operations to which the Petroleum (Submerged Lands) Act 1982
applies—an inspector under that Act;
(ca) in
relation to operations to which the Offshore Minerals Act 2000
applies—an inspector under that Act;
(d) in
any other case—a public service employee authorised by the Minister to
exercise the powers of an inspector under this Act;
"metropolitan area" means the area comprised by—
(a)
Metropolitan Adelaide as defined in the Development Plan compiled under the
Development Act 1993 ; and
(b) the
City of Adelaide and the Corporation of the Town of Gawler;
"occupier" in relation to a place means a person who has the management or
control of the place;
"officer" in relation to a body corporate means—
(a) a
member of the governing body of the body corporate; or
(b) an
executive officer of the body corporate; or
(c) a
receiver or manager of any property of the body corporate; or
(d) a
liquidator;
"plant" includes—
(a) any
machinery, equipment, appliance, implement or tool;
(b)
without limiting the application of this Act to any plant used at work or at
any workplace, any plant to which this Act extends by virtue of Schedule 2;
(c) any
component, fitting, connection, mounting or accessory used in or in
conjunction with any of the above;
"record" means a record of any kind and includes a disk, tape or other article
from which information is capable of being reproduced (with or without another
article or device);
"registered association" means—
(a) an
association registered under the Fair Work Act 1994 or an organisation
registered under the Fair Work (Registered Organisations) Act 2009 of the
Commonwealth; or
(b) the
United Trades and Labor Council;
"review committee" means a review committee constituted under Part 7;
"safe" connotes safe from injury and risks to health;
"ship" includes a boat, vessel or craft;
"South Australian ship" means a ship—
(a) that
is registered in the State; or
(b) that
is owned or under charter by the Crown; or
(c) that
is owned or under charter by a body corporate or other person—
(i)
whose principal office or place of business is in the
State; or
(ii)
whose principal office or place of business with respect
to the control or management of the ship is in the State;
"substance" means any natural or artificial substance, whether in solid,
liquid or gaseous form;
"WorkCover" means the WorkCover Corporation of South Australia;
"work group" means a group of employees constituted as a work group for the
purposes of Part 4;
"work-related injury" means—
(a) an
injury, disease or disability; or
(b) the
loss or destruction of, or damage to, an artificial limb or other prosthesis
or a medical or surgical aid or appliance; or
(c) any
death,
that is attributable to work and includes the aggravation, exacerbation or
recurrence of a prior work-related injury;
"workplace" means any place (including any aircraft, ship or vehicle) where an
employee or self-employed person works and includes any place where such a
person goes while at work.
(2) For the purposes
of this Act, where a person (the
"contractor") is engaged to perform work for another person (the
"principal") in the course of a trade or business carried on by the principal,
the contractor, and any person employed or engaged by the contractor to carry
out or to assist in carrying out the work, will be taken to be employed by the
principal but the principal's duties under this Act in relation to them extend
only to matters over which the principal has control or would have control but
for some agreement to the contrary between the principal and the contractor.
(3) For the purposes
of this Act, where a person, in connection with a trade or business carried on
by the employer, performs work for an employer gratuitously, the person will
be taken to be employed by the employer.
(4) The following
matters are aspects of occupational health, safety and welfare:
(a) the
general well-being of employees while at work;
(b) the
prevention of work-related injuries and work-related fatalities;
(c) the
investigation of the causes of work-related injuries and work-related
fatalities;
(d) the
rehabilitation and retraining of people who have suffered work-related
injuries.
(4a) The safe
operation or use of any plant referred to in Schedule 2 will be taken to be an
aspect of occupational health, safety and welfare.
(5) For the purposes
of this Act, a reference to a divisional fine in column 1 of the
following table means—
(a) in
the case of an offence where the defendant is a body corporate or an
administrative unit in the Public Service of the State—a fine not
exceeding the amount in column 3; or
(b) in
any other case—a fine not exceeding the amount in column 2.