WORK HEALTH AND SAFETY ACT 2012

Table of Provisions

• Long Title

PART 1--Preliminary

Division 1--Introduction

• 1 Short title

Division 2--Object

• 3 Object

Division 3--Interpretation

• 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 Examples and notes

Division 4--Application of Act

• 10 Act binds the Crown
• 11 Extraterritorial application
• 12 Scope

PART 2--Health and safety duties

Division 1--Introductory

• 13 Principles that apply to duties
• 14 Duties not transferrable
• 15 Person may have more than one duty
• 16 More than one 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
• 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, co-operation and co-ordination 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

• 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 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 section 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

• 103 Part does not apply to prisoners

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 Authorising authority 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 Authorising authority 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 authorising authority
• 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

• 163 Powers of entry
• 164 Notification of entry
• 165 General powers on entry
• 166 Persons assisting inspectors
Subdivision 2--Search warrants
• 167 Search warrants
• 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 Protection 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 Attendance of inspector at inquiries

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 Stays of reviewable decisions on internal review

Division 3--External review

• 229 Application for external review

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--Infringement notices

• 243 Infringement notices

Division 4--Offences by bodies corporate

• 244 Imputing conduct to bodies corporate

Division 5--The Crown

• 245 Offences and the Crown
• 246 WHS civil penalty provisions and the Crown
• 247 Officers
• 248 Responsible agency for the Crown

Division 6--Public authorities

• 249 Application to public authorities that are bodies corporate
• 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 brought 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 powers

• 276 Regulation-making powers

Division 4--Reviews

• 277 Reviews
• SCHEDULE 1--Application of Act to dangerous goods and high risk plant
• SCHEDULE 2--Local tripartite consultation arrangements
• SCHEDULE 3--Regulation-making powers
• SCHEDULE 4--Supplementary panel members
• SCHEDULE 5--Provisions of local application
• SCHEDULE 6--Transitional provisions
Legislative history