Tasmanian Consolidated Acts

WORKPLACE HEALTH AND SAFETY ACT 1995 - SECT 3

      (1) In this Act, unless the contrary intention appears –

"amusement structure" means equipment operated for hire or reward which provides entertainment or amusement through movement of the equipment or part of the equipment or when passengers travel on, around or along the equipment;

"approved code of practice" means a code of practice approved by the Minister under section 22;

"Board" means the WorkCover Tasmania Board established under the Workers Rehabilitation and Compensation Act 1988;

"contract of service" means –

(a) a contract under which a natural person is employed by another person; and

(b) a contract of apprenticeship; and

(c) a contract or agreement under which a natural person receives training in an occupation, a trade or a vocation from an employer;

"contractor" means a person engaged by any person (otherwise than as an employee) to perform work for gain or reward;

"contravene" includes fail to comply with;

"dangerous incident" means –

(a) damage to any boiler or other pressure vessel, or damage to a load bearing member of any lifting machinery, scaffolding or amusement structure, being damage which endangers the health or safety of any person in the vicinity; or

(b) an uncontrolled explosion, fire or discharge of electricity, gas or steam; or

(c) an occurrence, including those involving any substance, involving imminent risk of explosion, fire, death, serious bodily injury or illness to any person or serious damage to any property;

"designated workplace" means a workplace declared to be a designated workplace under subsection (1) of section 23 or a workplace of a class of workplace declared to be a designated class of workplace under that subsection;

"Director" means the person appointed and holding office as Director of Industry Safety under section 33;

"duties" includes functions;

"employee" means –

(a) a natural person employed under a contract of service; or

(b) a natural person who uses substances or plant in an educational or other training establishment;

"employees' safety representative" means an employees' safety representative elected under section 32;

"employer" means a person by whom an employee is employed under a contract of service;

"financial year" means the period of 12 months ending on the last day of June;

"health and safety committee" means a health and safety committee established under Part 5;

"industry" means any industry, trade, business, undertaking, profession, calling, function, process or work in which persons are or were employed or engaged and includes the use of plant in an educational establishment;

"infringement notice" means an infringement notice served under Part 6A;

"inspector" means a person appointed as, or authorised to perform the functions and exercise the powers of, an inspector under section 34 and includes the Secretary and the Director;

"install", in relation to plant, includes repair or replace;

"mine" means any place at, in, on or under which any operations or work are carried out on an area of land which is subject to a mining lease in force under Part 4 of the Mineral Resources Development Act 1995 –

(a) to obtain or treat minerals; or

(b) to store or contain minerals or waste material generated by mining on that area; or

(c) in association with mining;

"plant" includes any machinery, equipment, scaffolding, amusement structure, appliance, implement or tool and any component or fitting of any of those things;

"prescribed authority" means Standards Australia, the British Standards Institution, the International Organisation for Standardisation, the American National Standards Institute, Standards New Zealand, the National Occupational Health and Safety Commission, the National Road Transport Commission or any other similar authority prescribed by the regulations;

"principal" means a person who engages any person (otherwise than as an employee) to perform work for gain or reward;

"regulations" means regulations made and in force under this Act;

"responsible officer" means a person appointed as a responsible officer under section 10;

"safety management plan" means a written set of procedures and instructions relating to health and safety in a workplace;

"Secretary" means the Head of the State Service Agency, within the meaning of the State Service Act 2000, in which this Act is administered;

"self-employed person" means a natural person who works for gain or reward otherwise than as an employee;

"serious bodily injury or illness" means an injury or illness that disables a person to the extent that as a consequence of that injury or illness the person is subject to a period of admission to hospital as an in-patient;

"service provider" means a person who –

(a) is engaged to provide a service at, or in connection with, a workplace; or

(b) is licensed, registered or holds a certificate issued by the Director under the regulations;

"substance" means any natural or artificial substance, whether in solid or liquid form or in the form of a gas or vapour, and includes the packaging of any such substance;

"supply", in relation to any plant or substance, means supply the plant or substance by way of sale, lease or hire, whether as principal or agent;

"temporary public stand" means a stand that is temporarily set up to support members of the public attending any gathering and includes the supporting structure and access structure;

"workplace" means any premises or place (including any mine, aircraft, vessel or vehicle) where an employee, contractor or self-employed person is or was employed or engaged in industry.

      (2) Where a person, in connection with a business carried on by any employer, performs work for an employer gratuitously, the person is taken to be employed by the employer.