Victorian Bills Victorian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Petroleum (Submerged Lands) (Amendment) Act
2004
Victorian Legislation and Parliamentary Documents
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Principal Act 2
4. Definitions 2
5. New section 15A inserted 3
15A. Disapplication of State occupational health and safety
laws 3
6. New section 122A inserted 4
122A. Regulations about data management 4
7. Amendments regarding confidentiality 7
8. New Division 2 of Part IIIA substituted and Division 3 repealed 8
Division 2--Protection of Confidentiality of Information and
Samples 8
Subdivision A--Information and Samples Obtained by the
Minister 8
151J. Protection of confidentiality of documentary information
obtained by the Minister 8
151K. Protection of confidentiality of petroleum mining
samples obtained by the Minister 9
151L. Minister may make information or samples available to
other Ministers 9
Subdivision B--Information and Samples Obtained by a
Victorian Minister 10
151M. Protection of confidentiality of information obtained by
a Victorian Minister 10
151N. Protection of confidentiality of petroleum mining
samples obtained by a Victorian Minister 11
Subdivision C--Miscellaneous 11
151O. Fees 11
151P. Review by Minister 12
151Q. Information Privacy Act 2000 12
i
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Clause Page
9. New Part IIIC inserted 13
PART IIIC--OCCUPATIONAL HEALTH AND SAFETY 13
Victorian Legislation and Parliamentary Documents
Division 1--Introduction 13
151ZB. Definitions 13
151ZC. Occupational health and safety 14
151ZD. Listed OHS laws 14
151ZE. Regulations relating to occupational health and safety 14
Division 2--Functions and Powers of the Safety Authority 15
151ZF. Safety Authority's functions 15
151ZG. Safety Authority's ordinary powers 16
151ZH. Judicial notice of seal 17
Division 3--Safety Authority Board 17
151ZI. Functions of the Board 17
151ZJ. Powers of the Board 19
151ZK. Validity of decisions 19
Division 4--Chief Executive Officer and Staff of the Safety
Authority 19
151ZL. CEO acts for Safety Authority 19
151ZM. Working with the Board 19
151ZN. Delegation 20
151ZO. Secondments to the Safety Authority 20
Division 5--Other Safety Authority Provisions 20
151ZP. Minister may require the Safety Authority to prepare
reports or give information 20
151ZQ. Directions to the Safety Authority 21
151ZR. Reviews of operations of Safety Authority 22
151ZS. Liability for acts and omissions 23
10. New heading to Part IV 23
11. New section 151ZT inserted 23
151ZT. Supreme Court--limitation of jurisdiction 23
12. Regulations 24
13. Transitional regulations 24
14. New Schedule 7 24
SCHEDULE 7--Occupational Health and Safety 24
15. Miscellaneous minor amendments 94
ENDNOTES 95
ii
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
PARLIAMENT OF VICTORIA
Initiated in Assembly 2 March 2004
Victorian Legislation and Parliamentary Documents
A BILL
to amend the Petroleum (Submerged Lands) Act 1982 with respect
to the occupational health and safety of persons in offshore petroleum
facilities, data management and protection of confidentiality and for
other purposes.
Petroleum (Submerged Lands)
(Amendment) Act 2004
The Parliament of Victoria enacts as follows:
1. Purpose
The main purpose of this Act is to amend the
Petroleum (Submerged Lands) Act 1982 with
respect to the occupational health and safety of
5 persons in offshore petroleum facilities, data
management and protection of confidentiality.
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
1
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 2
Act No.
2. Commencement
(1) Subject to sub-section (2), this Act comes into
Victorian Legislation and Parliamentary Documents
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
5 operation before 1 January 2005, it comes into
operation on that day.
3. Principal Act
See: In this Act, the Petroleum (Submerged Lands)
Act No.
Act 1982 is called the Principal Act.
9772.
Reprint No. 4
as at
1 January
2003.
LawToday:
www.dms.
dpc.vic.
gov.au
10 4. Definitions
In section 4(1) of the Principal Act--
(a) insert the following definitions--
' "listed OHS laws" has the meaning given
in section 151ZD;
15 "OHS inspector" means an OHS inspector
appointed under the Commonwealth
Act;
"Safety Authority" means the National
Offshore Petroleum Safety Authority
20 under the Commonwealth Act;';
(b) in the definition of "interstate Minister", for
"Petroleum (Submerged Lands) Act 1967 of
the Commonwealth" substitute
"Commonwealth Act";
2
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 5
Act No.
(c) for the definition of "the Commonwealth
Act" substitute--
Victorian Legislation and Parliamentary Documents
' "the Commonwealth Act" means the
Petroleum (Submerged Lands) Act
5 1967 of the Commonwealth;';
(d) for the definition of "the Commonwealth
Minister" substitute--
' "the Commonwealth Minister" means the
Minister of the Crown in right of the
10 Commonwealth for the time being
administering the Commonwealth Act;';
5. New section 15A inserted
After section 15 of the Principal Act insert--
'15A. Disapplication of State occupational
15 health and safety laws
(1) The prescribed occupational health and
safety laws do not apply in relation to--
(a) a facility; or
(b) a person at a facility; or
20 (c) a person near a facility, to the extent to
which the person is affected by--
(i) a facility; or
(ii) activities that take place at a
facility; or
25 (d) activities that take place at a facility.
(2) A reference in sub-section (1) to the
prescribed occupational health and safety
laws is a reference to such of the provisions
of those laws that, but for sub-section (1),
30 would apply in the adjacent area by virtue of
section 57 of the Interpretation of
Legislation Act 1984.
3
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 6
Act No.
(3) In this section--
"facility" has the same meaning as in
Victorian Legislation and Parliamentary Documents
Schedule 7;
"prescribed occupational health and
5 safety laws" mean any laws of the
State relating to occupational health
and safety (whether or not they also
relate to other matters) that are
prescribed by the regulations for the
10 purposes of this section.
(4) This section applies despite anything to the
contrary in section 57 of the Interpretation
of Legislation Act 1984.'.
6. New section 122A inserted
15 After section 122 of the Principal Act insert--
'122A. Regulations about data management
(1) The regulations may make provision for and
in relation to--
(a) the keeping of accounts, records and
20 other documents in connection with
operations under--
(i) a permit; or
(ii) a lease; or
(iii) a licence; or
25 (iv) an infrastructure licence; or
(v) a pipeline licence; or
(vi) a special prospecting authority; or
(vii) an access authority; or
(viii) a consent under section 123; and
4
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 6
Act No.
(b) the collection and retention of cores,
cuttings and samples in connection with
those operations; and
Victorian Legislation and Parliamentary Documents
(c) the giving to the Minister, or a specified
5 person, of reports, returns, other
documents, cores, cuttings and samples
in connection with those operations.
(2) In particular, the regulations may establish a
scheme that--
10 (a) applies in relation to operations
under--
(i) a permit; or
(ii) a lease; or
(iii) a licence; or
15 (iv) an infrastructure licence; or
(v) a pipeline licence; or
(vi) a special prospecting authority; or
(vii) an access authority; or
(viii) a consent under section 123--
20 held by a person (the "holder"); and
(b) requires the holder to prepare and
submit a plan (a "data management
plan") that deals with any or all of the
following--
25 (i) the keeping of accounts, records
and other documents in
connection with those operations;
(ii) the collection and retention of
cores, cuttings and samples in
30 connection with those operations;
5
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 6
Act No.
(iii) the giving to the Minister, or to a
person specified in the data
management plan, of reports,
Victorian Legislation and Parliamentary Documents
returns, other documents, cores,
5 cuttings and samples in
connection with those operations;
and
(c) empowers the Minister to make
decisions about the approval of--
10 (i) a data management plan; and
(ii) variations of a data management
plan; and
(d) requires the holder to comply with an
approved data management plan
15 submitted by the holder.
(3) A scheme referred to in sub-section (2) may
provide that the holder must not commence
the relevant operations unless--
(a) an approved data management plan is
20 in force; or
(b) the Minister gives consent to the
commencement of those operations.
(4) Sub-sections (2) and (3) do not limit
sub-section (1).
25 (5) A requirement under section 122 is in
addition to a requirement under regulations
made for the purposes of this section.'.
6
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 7
Act No.
7. Amendments regarding confidentiality
(1) In section 151H of the Principal Act--
Victorian Legislation and Parliamentary Documents
(a) in sub-section (1)--
(i) in the definition of "applicable
5 document", in paragraph (c), after "this
Act" insert "or regulations made for the
purposes of section 122A";
(ii) the definitions of "confidential
information", "contested information",
10 "derivative information", "excluded
information", "notice inviting
objections to the disclosure of
information", "petroleum mining
instrument" and "seismic data grid
15 scaled in time" are repealed;
(iii) in the definition of "petroleum mining
sample", for "cutting or sample;"
substitute "cutting or sample.";
(b) sub-sections (2), (3), (4) and (5) are
20 repealed.
(2) After section 151H(6) of the Principal Act
insert--
"(7) Sub-section (6)(a) does not apply in relation
to the drilling of a well unless the drilling of
25 the well was, in the Minister's opinion,
substantially completed before the
commencement of this sub-section.
(8) Sub-section (6)(b) does not apply in relation
to a geophysical or geochemical survey
30 unless the geophysical or geochemical field
work was, in the Minister's opinion,
substantially completed before the
commencement of this sub-section.".
7
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 8
Act No.
8. New Division 2 of Part IIIA substituted and
Division 3 repealed
Victorian Legislation and Parliamentary Documents
For Divisions 2 and 3 of Part IIIA of the Principal
Act substitute--
5 "Division 2--Protection of Confidentiality of
Information and Samples
Subdivision A--Information and Samples
Obtained by the Minister
151J. Protection of confidentiality of
10 documentary information obtained by the
Minister
(1) This section restricts what the Minister may
do with documentary information.
(2) The Minister must not--
15 (a) make the information publicly known;
or
(b) make the information available to a
person (other than another Victorian
Minister, a Minister of another State or
20 of the Northern Territory or a Minister
of the Commonwealth)--
unless the Minister does so--
(c) in accordance with regulations made
for the purposes of this paragraph; or
25 (d) for the purposes of the administration
of this Act or the regulations.
8
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 8
Act No.
151K. Protection of confidentiality of petroleum
mining samples obtained by the Minister
Victorian Legislation and Parliamentary Documents
(1) This section restricts what the Minister may
do with a petroleum mining sample.
5 (2) The Minister must not--
(a) make publicly known any details of the
sample; or
(b) permit a person (other than another
Victorian Minister, a Minister of
10 another State or of the Northern
Territory or a Minister of the
Commonwealth) to inspect the
sample--
unless the Minister does so--
15 (c) in accordance with regulations made
for the purposes of this paragraph; or
(d) for the purposes of the administration
of this Act or the regulations.
151L. Minister may make information or
20 samples available to other Ministers
(1) The Minister may make documentary
information or a petroleum mining sample
available to--
(a) another Victorian Minister; or
25 (b) a Minister of another State or of the
Northern Territory; or
(c) a Minister of the Commonwealth.
9
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 8
Act No.
(2) The Minister must make documentary
information or a petroleum mining sample
available to the Commonwealth Minister if
Victorian Legislation and Parliamentary Documents
the Commonwealth Minister requires the
5 Minister to make the information or sample
available to the Commonwealth Minister.
Note 1: For protection of the confidentiality of
information obtained by a Victorian Minister
under this section, see section 151M.
10 Note 2: For protection of the confidentiality of a
sample obtained by a Victorian Minister under
this section, see section 151N.
Subdivision B--Information and Samples
Obtained by a Victorian Minister
15 151M. Protection of confidentiality of
information obtained by a Victorian
Minister
(1) This section restricts what a Victorian
Minister may do with documentary
20 information made available to the Victorian
Minister under section 151L.
(2) The Victorian Minister must not--
(a) make the information publicly known;
or
25 (b) make the information available to a
person (other than another Victorian
Minister, a Minister of another State or
of the Northern Territory or a Minister
of the Commonwealth)--
30 unless the Victorian Minister does so--
(c) in accordance with regulations made
for the purposes of this paragraph; or
(d) for the purposes of the administration
of this Act or the regulations.
10
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 8
Act No.
151N. Protection of confidentiality of petroleum
mining samples obtained by a Victorian
Minister
Victorian Legislation and Parliamentary Documents
(1) This section restricts what a Victorian
5 Minister may do with a petroleum mining
sample made available to the Victorian
Minister under section 151L.
(2) The Victorian Minister must not--
(a) make publicly known any details of the
10 sample; or
(b) permit a person (other than another
Victorian Minister, a Minister of
another State or of the Northern
Territory or a Minister of the
15 Commonwealth) to inspect the
sample--
unless the Victorian Minister does so--
(c) in accordance with regulations made
for the purposes of this paragraph; or
20 (d) for the purposes of the administration
of this Act or the regulations.
Subdivision C--Miscellaneous
151O. Fees
(1) This section applies to regulations made for
25 the purposes of any of the following--
(a) section 151J(2)(c);
(b) section 151K(2)(c);
(c) section 151M(2)(c);
(d) section 151N(2)(c).
11
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 8
Act No.
(2) The regulations may make provision for fees
relating to--
Victorian Legislation and Parliamentary Documents
(a) making information available to a
person; or
5 (b) permitting a person to inspect a sample.
151P. Review by Minister
(1) This section applies to regulations made for
the purposes of--
(a) section 151J(2)(c); or
10 (b) section 151K(2)(c).
(2) The regulations may make provision for the
Minister to--
(a) review a decision of the Minister under
the regulations; and
15 (b) make a decision--
(i) confirming the decision reviewed;
or
(ii) revoking the decision reviewed
and substituting another decision
20 for it.
151Q. Information Privacy Act 2000
This Part does not override any requirements
of the Information Privacy Act 2000. In
particular, this Part is not to be taken, for the
25 purposes of that Act, to require or authorise
the disclosure of information.".
12
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 9
Act No.
9. New Part IIIC inserted
After Part IIIB of the Principal Act insert--
Victorian Legislation and Parliamentary Documents
'PART IIIC--OCCUPATIONAL HEALTH AND
SAFETY
5 Division 1--Introduction
151ZB. Definitions
In this Part--
"Board" means the National Offshore
Petroleum Safety Authority Board
10 under the Commonwealth Act;
"CEO" means the Chief Executive Officer
of the Safety Authority;
"facility" has the same meaning as in
Schedule 7;
15 "offshore petroleum operations" means
any operations (including diving
operations) that--
(a) relate to--
(i) the exploration for
20 petroleum; or
(ii) the recovery, processing,
storage, offloading or piped
conveyance of petroleum;
and
25 (b) if the operations are diving
operations--take place in the
adjacent area; and
(c) if the operations are not diving
operations--take place at a
30 facility.
13
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 9
Act No.
151ZC. Occupational health and safety
Schedule 7 has effect.
Victorian Legislation and Parliamentary Documents
151ZD. Listed OHS laws
The following provisions are the "listed
5 OHS laws" for the purposes of this Act--
(a) section 124A, to the extent to which
that section relates to--
(i) damage to, or interference with, a
facility; or
10 (ii) interference with any operations
or activities being carried out, or
any works being executed, on, by
means of, or in connection with, a
facility;
15 (b) Schedule 7;
(c) regulations made for the purposes of
Schedule 7;
(d) regulations made for the purposes of
section 151ZE;
20 (e) any other regulations relating to
occupational health and safety matters
that are prescribed for the purposes of
this paragraph.
151ZE. Regulations relating to occupational
25 health and safety
(1) The regulations may make provision in
relation to the occupational health and safety
of persons at or near a facility who are under
the control of a person who is carrying on an
30 operation.
14
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 9
Act No.
(2) Without limiting sub-section (1), regulations
for the purpose of that sub-section may--
Victorian Legislation and Parliamentary Documents
(a) require a person who is carrying on an
operation to establish and maintain a
5 system of management to secure the
occupational health and safety of
persons referred to in that sub-section;
and
(b) specify requirements with which the
10 system must comply.
Division 2--Functions and Powers of the Safety
Authority
151ZF. Safety Authority's functions
The Safety Authority has the following
15 functions--
(a) the functions conferred on it by or
under this Act in relation to offshore
petroleum operations;
(b) to promote the occupational health and
20 safety of persons engaged in offshore
petroleum operations;
(c) to develop and implement effective
monitoring and enforcement strategies
to secure compliance by persons with
25 their occupational health and safety
obligations under this Act and the
regulations;
(d) to--
(i) investigate accidents, occurrences
30 and circumstances that affect, or
have the potential to affect, the
occupational health and safety of
persons engaged in offshore
petroleum operations; and
15
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 9
Act No.
(ii) to report, as appropriate, to the
Minister and the Commonwealth
Minister on those investigations;
Victorian Legislation and Parliamentary Documents
(e) to advise persons, either on its own
5 initiative or on request, on occupational
health and safety matters relating to
offshore petroleum operations;
(f) to make reports, including
recommendations, to--
10 (i) the Minister; and
(ii) the Commonwealth Minister--
on issues relating to the occupational
health and safety of persons engaged in
offshore petroleum operations;
15 (g) to co-operate with--
(i) the Minister and State agencies
having functions relating to
offshore petroleum operations;
and
20 (ii) other Commonwealth agencies
having functions relating to
offshore petroleum operations.
151ZG. Safety Authority's ordinary powers
(1) The Safety Authority has power to do all
25 things necessary or convenient to be done for
or in connection with the performance of its
functions.
(2) The Safety Authority's powers include, but
are not limited to, the following powers--
30 (a) the power to acquire, hold and dispose
of real and personal property;
(b) the power to enter into contracts;
16
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 9
Act No.
(c) the power to lease the whole or any part
of any land or building for the purposes
of the Safety Authority;
Victorian Legislation and Parliamentary Documents
(d) the power to occupy, use and control
5 any land or building owned or held
under lease by the Commonwealth and
made available for the purposes of the
Safety Authority;
(e) the power to conduct research and
10 development projects and to cooperate
with others in such projects;
(f) the power to apply for and hold patents
and exploit patents;
(g) the power to do anything incidental to
15 any of its functions.
151ZH. Judicial notice of seal
All courts, judges and persons acting
judicially must--
(a) take judicial notice of the imprint of the
20 seal of the Safety Authority appearing
on a document; and
(b) presume that the document was duly
sealed.
Division 3--Safety Authority Board
25 151ZI. Functions of the Board
(1) The Board has the following functions--
(a) to give advice, and make
recommendations, to the CEO about the
operational policies and strategies to be
30 followed by the Safety Authority in the
performance of its functions;
17
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 9
Act No.
(b) to give advice, and make
recommendations, to--
Victorian Legislation and Parliamentary Documents
(i) the Minister; and
(ii) the Commonwealth Minister; and
5 (iii) interstate Ministers; and
(iv) the body known as the Ministerial
Council on Mineral and Petroleum
Resources--
about either or both of the following--
10 (v) policy or strategic matters relating
to the occupational health and
safety of persons engaged in
offshore petroleum operations;
(vi) the performance by the Safety
15 Authority of its functions;
(c) any other functions specified in a
written notice given by the
Commonwealth Minister to the Chair
of the Board.
20 (2) As soon as practicable after the Board gives
advice, or makes recommendations, under
sub-section (1)(b) to--
(i) the Minister; or
(ii) an interstate Minister; or
25 (iii) the body known as the Ministerial
Council on Mineral and Petroleum
Resources--
the Board must give the Commonwealth
Minister a written copy of that advice or
30 those recommendations.
18
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 9
Act No.
151ZJ. Powers of the Board
The Board has power to do all things
Victorian Legislation and Parliamentary Documents
necessary or convenient to be done for or in
connection with the performance of its
5 functions.
151ZK. Validity of decisions
The performance of the functions, or the
exercise of the powers, of the Board is not
affected only because of there being a
10 vacancy or vacancies in the membership of
the Board.
Division 4--Chief Executive Officer and Staff
of the Safety Authority
151ZL. CEO acts for Safety Authority
15 Anything done by the CEO in the name of
the Safety Authority or on the Safety
Authority's behalf is taken to have been done
by the Safety Authority.
151ZM. Working with the Board
20 (1) The CEO must request the Board's advice on
strategic matters relating to the performance
of the Safety Authority's functions.
(2) The CEO must have regard to the advice
given to him or her by the Board (whether or
25 not the advice was given in response to a
request).
(3) The CEO must--
(a) keep the Board informed of the Safety
Authority's operations; and
30 (b) give the Board any reports, documents
and information in relation to those
operations that the Chair of the Board
requires.
19
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 9
Act No.
151ZN. Delegation
(1) An officer or employee of this State, or of a
Victorian Legislation and Parliamentary Documents
public authority of this State, may perform
any function and exercise any power
5 delegated to him or her by the CEO under
the Commonwealth Act.
(2) In performing a function or exercising a
power under the delegation, the delegate
must comply with any directions of the CEO.
10 151ZO. Secondments to the Safety Authority
An officer or employee of this State, or of a
public authority of this State, may assist the
Safety Authority in connection with the
performance of any of its functions or the
15 exercise of any of its powers under this Act,
the Commonwealth Act or a corresponding
law.
Division 5--Other Safety Authority Provisions
151ZP. Minister may require the Safety Authority
20 to prepare reports or give information
(1) The Minister may, by written notice given to
the Safety Authority, require the Safety
Authority--
(a) to prepare a report about one or more
25 specified matters relating to the
performance of the Safety Authority's
functions or the exercise of the Safety
Authority's powers; and
(b) give a copy of the report to--
30 (i) the Minister; and
(ii) each interstate Minister; and
20
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 9
Act No.
(iii) the Commonwealth Minister--
within the period specified in the
Victorian Legislation and Parliamentary Documents
notice.
(2) The Minister may, by written notice given to
5 the Safety Authority, require the Safety
Authority to--
(a) prepare a document setting out
specified information relating to the
performance of the Safety Authority's
10 functions or the exercise of the Safety
Authority's powers; and
(b) give a copy of the report to--
(i) the Minister; and
(ii) each interstate Minister; and
15 (iii) the Commonwealth Minister--
within the period specified in the
notice.
(3) The Safety Authority must comply with a
requirement under sub-section (1) or (2).
20 151ZQ. Directions to the Safety Authority
(1) The Minister may request the
Commonwealth Minister to give a direction
to the Safety Authority that relates wholly or
principally to the Safety Authority's
25 operations in the adjacent area.
(2) The Commonwealth Minister must use his or
her best endeavours to make a decision on
the request within 30 days after receiving the
request.
30 (3) If the Commonwealth Minister refuses the
request, the Commonwealth Minister must
give the Minister a written statement setting
out the reasons for the refusal.
21
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 9
Act No.
(4) The Safety Authority must comply with any
direction given by the Commonwealth
Minister under this section.
Victorian Legislation and Parliamentary Documents
151ZR. Reviews of operations of Safety Authority
5 (1) The Minister must cause reviews to be
conducted of the operations of the Safety
Authority in relation to the adjacent area.
(2) The Minister must cause to be prepared a
report of a review under sub-section (1).
10 (3) The first review is to relate to the 3-year
period beginning on 1 January 2005, and is
to be completed within 6 months, or the
longer period that the Minister allows, after
the end of that 3-year period.
15 (4) Subsequent reviews are to relate to
successive 3-year periods, and must be
completed within 6 months, or the longer
period that the Minister allows, after the end
of the 3-year period to which the review
20 relates.
(5) A review under this section may be
conducted in conjunction with a review
under the Commonwealth Act or a
corresponding law (or both).
25 (6) Without limiting the matters to be covered
by a review under sub-section (1), the review
must include an assessment of the
effectiveness of the Safety Authority in
bringing about improvements in the
30 occupational health and safety of persons
engaged in offshore petroleum operations.
(7) The Minister must cause a copy of the report
of a review under sub-section (1) to be tabled
in each House of Parliament within 15 sitting
35 days of that House after the report of the
review is completed.
22
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 10
Act No.
(8) For the purposes of this section, a review is
completed when the report of the review is
made available to the Minister.
Victorian Legislation and Parliamentary Documents
151ZS. Liability for acts and omissions
5 (1) This section applies to the following
persons--
(a) the Safety Authority;
(b) the CEO;
(c) an OHS inspector;
10 (d) a person acting under the direction or
authority of the Safety Authority or the
CEO.
(2) A person to whom this section applies is not
personally liable for anything done or
15 omitted to be done in good faith--
(a) in the performance of a function under
a listed OHS law; or
(b) in the reasonable belief that the act or
omission was in the performance of a
20 function under a listed OHS law.'.
10. New heading to Part IV
For the heading to Part IV of the Principal Act
substitute--
"PART IV--GENERAL".
25 11. New section 151ZT inserted
After the heading to Part IV of the Principal Act
insert--
"151ZT. Supreme Court--limitation of jurisdiction
It is the intention of section 151ZS and
30 clause 69(2) of Schedule 7 to alter or vary
section 85 of the Constitution Act 1975.".
23
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 12
Act No.
12. Regulations
For section 152(3) of the Principal Act
Victorian Legislation and Parliamentary Documents
substitute--
"(3) The regulations may differ according to
5 differences in time, place or circumstances.".
13. Transitional regulations
After clause 3 of the First Schedule to the
Principal Act insert--
"4. Petroleum (Submerged Lands) (Amendment) Act
10 2004
The regulations may make provision for any
transitional matters arising out of the amendments
made to this Act by the Petroleum (Submerged
Lands) (Amendment) Act 2004.".
15 14. New Schedule 7
After the Sixth Schedule to the Principal Act
insert--
'SCHEDULE 7
Section 151ZC
OCCUPATIONAL HEALTH AND SAFETY
20 PART 1--INTRODUCTION
1. Objects
The objects of this Schedule are, in relation to facilities
located in the adjacent area--
(a) to secure the occupational health and safety and
25 welfare of persons at or near those facilities; and
(b) to protect persons at or near those facilities from risks
to occupational health and safety arising out of
activities being conducted at those facilities; and
(c) to ensure that expert advice is available on
30 occupational health and safety matters in relation to
those facilities; and
24
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 14
Act No.
(d) to promote an occupational environment for members
of the workforce at those facilities that is adapted to
their needs relating to health and safety; and
Victorian Legislation and Parliamentary Documents
(e) to foster a consultative relationship between all
5 relevant persons concerning the health, safety and
welfare of members of the workforce at those
facilities.
2. Simplified outline
The following is a simplified outline of this Schedule:
· This Schedule sets up a scheme to regulate
10
occupational health and safety matters at or near
facilities.
· Occupational health and safety duties are imposed on
the following--
15 (a) the operator of a facility;
(b) a person in control of a part of a facility, or of
any work carried out at a facility;
(c) an employer;
(d) a manufacturer of plant, or a substance, for use
20 at a facility;
(e) a supplier of a facility, or of any plant or
substance for use at a facility;
(f) a person who erects or installs a facility, or any
plant at a facility;
25 (g) a person at a facility.
· A group of members of the workforce at a facility
may be established as a designated work group.
· The members of a designated work group may select
a health and safety representative for that designated
30 work group.
· The health and safety representative may exercise
certain powers for the purpose of promoting or
ensuring the occupational health and safety of group
members.
·
35 An OHS inspector may conduct an inspection--
(a) to ascertain whether a listed OHS law is being
complied with; or
25
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 14
Act No.
(b) concerning a contravention or a possible
contravention of a listed OHS law; or
Victorian Legislation and Parliamentary Documents
(c) concerning an accident or dangerous
occurrence that has happened at or near a
5 facility.
· The operator of a facility must report accidents and
dangerous occurrences to the Safety Authority.
3. Definitions
In this Schedule--
10 "accident" includes the contraction of a disease;
"associated offshore place", in relation to a facility, means
any offshore place near the facility where activities
(including diving activities) relating to the
construction, installation, operation, maintenance or
15 decommissioning of the facility take place, but does
not include--
(a) another facility; or
(b) a supply vessel, offtake tanker, anchor handler
or tugboat; or
20 (c) a vessel, or structure, that is declared by the
regulations not to be an associated offshore
place;
"contract" includes an arrangement or understanding;
"contractor" has the meaning given by clause 7;
25 "dangerous occurrence" means an occurrence declared by
the regulations to be a dangerous occurrence for the
purposes of this definition;
"designated work group" means--
(a) a group of members of the workforce at a
30 facility that is established as a designated work
group under clause 18 or 19; or
(b) that group as varied in accordance with
clause 20 or 21;
"employee", in relation to an employer, means an employee
35 of that employer;
"employer" means an employer who carries on an activity
at a facility;
26
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 14
Act No.
"facility" means a facility as defined by clause 4, and--
(a) includes a facility (as defined by clause 4) that
Victorian Legislation and Parliamentary Documents
is being constructed or installed; and
(b) except in the definition of "associated offshore
5 place", includes an associated offshore place in
relation to a facility (as defined by clause 4);
"group member", in relation to a designated work group at
a facility, means a person who is--
(a) a member of the workforce at that facility; and
10 (b) included in that designated work group;
"improvement notice" means an improvement notice
issued under clause 61(1);
"inspection" means an inspection conducted under Part 4
of this Schedule and includes an investigation or
15 inquiry;
"master", in relation to a vessel, means the person having
command or charge of the vessel;
"member of the workforce", in relation to a facility,
means a natural person who does work at the facility,
20 whether--
(a) as an employee of the operator of the facility or
of another person; or
(b) as a contractor of the operator or of another
person;
25 "offshore petroleum operations" has the same meaning as
in Part IIIC;
"operator", in relation to a facility or proposed facility,
means the person who, under the regulations, is taken
to be the operator of that facility or proposed facility;
30 "operator's representative at a facility" means a person
present at the facility in compliance with the
obligations imposed on the operator by clause 5;
"own" includes own jointly and own in part;
"plant" includes any machinery, equipment or tool, or any
35 component;
27
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 14
Act No.
"premises" includes the following--
(a) a structure or building;
Victorian Legislation and Parliamentary Documents
(b) a place (whether or not enclosed or built on);
(c) a part of a thing referred to in paragraph (a) or
5 (b);
"prohibition notice" means a prohibition notice issued
under clause 59(1);
"proposed facility" means a facility proposed to be
constructed, installed or operated;
10 "recovery", in relation to petroleum, includes all processes
directly or indirectly associated with its recovery;
"registered organisation" means an organisation within
the meaning of the Workplace Relations Act 1996 of
the Commonwealth;
15 "regulated business premises" means--
(a) a facility; or
(b) premises that are--
(i) occupied by a person who is the operator
of a facility; and
20 (ii) used, or proposed to be used, wholly or
principally in connection with offshore
petroleum operations;
"regulations" means regulations made for the purposes of
this Schedule;
25 "reviewing authority" means the Australian Industrial
Relations Commission;
"work" means work offshore that is directly or indirectly
related to the construction, installation, operation,
maintenance or decommissioning of a facility;
30 "workforce representative" means--
(a) in relation to a person who is a member of the
workforce at a facility--a registered
organisation of which that person is a member,
if the person is qualified to be a member of that
35 organisation because of the work the person
performs at the facility; or
28
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 14
Act No.
(b) in relation to a designated work group or a
proposed designated work group--a registered
organisation of which a person who is, or who
Victorian Legislation and Parliamentary Documents
is likely to be, in the work group is a member,
5 if the person is qualified to be a member of that
organisation because of the work the person
performs, or will perform, at a facility as a
member of the group;
"work group employer", in relation to a designated work
10 group at a facility, means an employer of one or more
group members, but does not include the operator of
the facility;
"workplace", in relation to a facility, means the whole
facility or any part of the facility.
15 4. Facilities
(1) A vessel or structure is taken to be a facility for the purposes
of this Schedule while that vessel or structure--
(a) is located at a site in the adjacent area; and
(b) is being used, or prepared for use, at that site--
20 (i) for the recovery of petroleum, for the
processing of petroleum, or for the storage and
offloading of petroleum, or for any combination
of those activities; or
(ii) for the provision of accommodation for persons
25 working on another facility, whether connected
by a walkway to that other facility or not; or
(iii) for drilling or servicing a well for petroleum or
doing work associated with the drilling or
servicing process; or
30 (iv) for laying pipes for petroleum, including any
manufacturing of such pipes, or for doing work
on an existing pipe; or
(v) for the erection, dismantling or
decommissioning of a vessel or structure
35 referred to in a previous sub-paragraph of this
paragraph; or
(vi) for any other purpose related to offshore
petroleum operations that is prescribed for the
purposes of this sub-paragraph.
29
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 14
Act No.
(2) Sub-clause (1) applies to a vessel or structure--
(a) whether it is floating or fixed; and
Victorian Legislation and Parliamentary Documents
(b) whether or not it is capable of independent navigation.
(3) Sub-clause (1) has effect subject to sub-clauses (6) and (7).
5 (4) A vessel or structure used for a purpose referred to in sub-
clause (1)(b)(i) includes--
(a) any wells and associated plant and equipment by
means of which petroleum processed or stored at the
vessel or structure is recovered; and
10 (b) any pipe or system of pipes through which petroleum
is conveyed from a well to the vessel or structure; and
(c) any secondary line associated with the vessel or
structure.
(5) For the purposes of sub-clause (1), a vessel or structure that
15 is located offshore for the purpose of laying pipes as
described in sub-clause (1)(b)(iv) is taken to be located at a
site, despite the fact that the vessel or structure moves as the
pipe laying process proceeds.
(6) Despite sub-clause (1), a vessel or structure is taken not to
20 be a facility for the purposes of this Schedule if the vessel or
structure is--
(a) an offtake tanker; or
(b) a tug or an anchor handler; or
(c) a vessel or structure used for supplying a facility or
25 otherwise travelling between a facility and the shore;
or
(d) a vessel or structure used for any purpose such that it
is declared by the regulations not to be a facility.
(7) In determining when a vessel or structure that has the
30 potential to be used for one or more of the purposes referred
to in sub-clause (1)(b) is in fact being so used, the vessel or
structure is taken--
(a) to commence to be so used only at the time when it
arrives at the site where it is to be so used and any
35 activities necessary to make it operational at that site
are begun; and
30
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 14
Act No.
(b) to cease to be so used when operations cease, and the
vessel or structure has been returned either to a
navigable form or to a form in which it can be towed
Victorian Legislation and Parliamentary Documents
to another place.
5 (8) Each of the following is taken to be a facility for the
purposes of this Schedule--
(a) a pipeline subject to a pipeline licence;
(b) if a pipeline subject to a pipeline licence conveys
petroleum recovered from a well without the
10 petroleum having passed through another facility--
that pipeline, together with--
(i) that well and associated plant and equipment;
and
(ii) any pipe or system of pipes through which
15 petroleum is conveyed from that well to that
pipeline.
(9) In sub-clause (8)(b)--
"facility" does not include a pipeline.
5. Operator must ensure presence of operator's representative
20 (1) The operator of a facility must ensure that, at all times when
one or more natural persons are present at a facility, there is
also present a natural person (the "operator's
representative at the facility") who has day-to-day
management and control of operations at the facility.
25 Penalty: $5500, in the case of a natural person;
$27 500, in the case of a body corporate.
(2) The operator of a facility must ensure that the name of the
operator's representative at the facility is displayed in a
prominent place at the facility.
30 Penalty: $5500, in the case of a natural person;
$27 500, in the case of a body corporate.
(3) Sub-clause (1) does not imply that, if the operator is a
natural person, the operator's representative at the facility
may not be, from time to time, the operator.
31
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 14
Act No.
6. Health and safety of persons using an accommodation facility
For the avoidance of doubt, a reference in this Schedule to
Victorian Legislation and Parliamentary Documents
the occupational health and safety of a person includes a
reference to the health and safety of a person using an
5 accommodation facility provided for the accommodation of
persons working on another facility.
7. Contractor
For the purposes of this Schedule, a natural person is taken
to be a "contractor" of another person (the "relevant
10 person") if the natural person does work at a facility under
a contract for services between--
(a) the relevant person; and
(b) either--
(i) the natural person; or
15 (ii) the employer of the natural person.
PART 2--OCCUPATIONAL HEALTH AND SAFETY
Division 1--Duties relating to Occupational Health and Safety
8. Duties of operator
(1) The operator of a facility must take all reasonably
20 practicable steps to ensure that--
(a) the facility is safe and without risk to the health of any
person at or near the facility; and
(b) all work and other activities carried out on the facility
are carried out in a manner that is safe and without
25 risk to the health of any person at or near the facility.
Penalty: $110 000, in the case of a natural person;
$550 000, in the case of a body corporate.
(2) Without limiting the generality of sub-clause (1), the
operator of a facility must--
30 (a) provide and maintain a physical environment at the
facility that is safe and without risk to health; and
(b) provide and maintain adequate facilities for the
welfare of all members of the workforce at the
facility; and
32
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 14
Act No.
(c) ensure that any plant, equipment, materials and
substances at the facility are safe and without risk to
health; and
Victorian Legislation and Parliamentary Documents
(d) implement and maintain systems of work at the
5 facility that are safe and without risk to health; and
(e) implement and maintain appropriate procedures and
equipment for the control of, and response to,
emergencies at the facility; and
(f) provide all members of the workforce, in appropriate
10 languages, with the information, instruction, training
and supervision necessary for them to carry out their
activities in a manner that does not adversely affect
the occupational health and safety of persons at the
facility; and
15 (g) monitor the occupational health and safety of all
members of the workforce and keep records of that
monitoring; and
(h) provide appropriate medical and first aid services at
the facility; and
20 (i) develop, in consultation with members of the
workforce and workforce representatives, a policy
relating to occupational health and safety that--
(i) will enable the operator and the members of the
workforce to co-operate effectively in
25 promoting and developing measures to ensure
the occupational health and safety of persons at
the facility; and
(ii) will provide adequate mechanisms for
reviewing the effectiveness of the measures;
30 and
(iii) provides for the making of an agreement that
complies with sub-clauses (4) and (5).
Penalty: $110 000, in the case of a natural person;
$550 000, in the case of a body corporate.
35 (3) Sub-clause (2)(i) does not require the operator of a facility to
engage in consultations with a workforce representative
unless a member of the workforce at the facility has
requested the workforce representative to be involved in
those consultations.
33
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 14
Act No.
(4) The agreement referred to in sub-clause (2)(i)(iii) must be
between--
Victorian Legislation and Parliamentary Documents
(a) on the one hand--the operator; and
(b) on the other hand--
5 (i) the members of the workforce; and
(ii) if a member of the workforce at the facility has
requested a workforce representative in relation
to the member to be a party to that agreement--
that workforce representative.
10 (5) The agreement referred to in sub-clause (2)(i)(iii) must
provide appropriate mechanisms for continuing consultation
between--
(a) on the one hand--the operator; and
(b) on the other hand--
15 (i) the members of the workforce; and
(ii) if a member of the workforce at the facility has
requested a workforce representative in relation
to the member to be involved in consultations
on a particular occasion--that workforce
20 representative.
(6) The agreement may provide for any other matters agreed
between the parties to it.
9. Duties of persons in control of parts of facility or particular
work
25 (1) A person who is in control of any part of a facility, or of any
particular work carried out at a facility, must take all
reasonably practicable steps to ensure that--
(a) that part of the facility, or the place where that work is
carried out, is safe and without risk to health; and
30 (b) if the person is in control of particular work--the
work is carried out in a manner that is safe and
without risk to health.
Penalty: $110 000, in the case of a natural person;
$550 000, in the case of a body corporate.
34
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 14
Act No.
(2) Without limiting the generality of sub-clause (1), a person
who is in control of any part of a facility, or of any
particular work carried out at a facility, must--
Victorian Legislation and Parliamentary Documents
(a) ensure that the physical environment at that part of the
5 facility, or at the place where the work is carried out,
is safe and without risk to health; and
(b) ensure that any plant, equipment, materials and
substances at or near that part of the facility or that
place, or used in that work, are safe and without risk
10 to health; and
(c) implement and maintain systems of work at that part
of the facility, or in carrying out work at that place,
that are safe and without risk to health; and
(d) ensure a means of access to, and egress from, that part
15 of the facility or that place that is safe and without
risk to health; and
(e) provide all members of the workforce located at that
part of the facility or engaged on that work, in
appropriate languages, with the information,
20 instruction, training and supervision necessary for
them to carry out their work in a manner that is safe
and without risk to health.
Penalty: $110 000, in the case of a natural person;
$550 000, in the case of a body corporate.
25 10. Duties of employers
(1) An employer must take all reasonably practicable steps to
protect the health and safety of employees at a facility.
Penalty: $110 000, in the case of a natural person;
$550 000, in the case of a body corporate.
30 (2) Without limiting the generality of sub-clause (1), an
employer must--
(a) provide and maintain a working environment that is
safe for employees and without risk to their health;
and
35 (b) ensure that any plant, equipment, materials and
substances used in connection with the employees'
work are safe and without risk to health; and
(c) implement and maintain systems of work that are safe
and without risk to health; and
35
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 14
Act No.
(d) provide a means of access to, and egress from, the
employees' work location that is safe and without risk
to health; and
Victorian Legislation and Parliamentary Documents
(e) provide the employees, in appropriate languages, with
5 the information, instruction, training and supervision
necessary for them to carry out their work in a manner
that is safe and without risk to health.
Penalty: $110 000, in the case of a natural person;
$550 000, in the case of a body corporate.
10 (3) A person has, in respect of a contractor of that person, the
same obligations that an employer has under sub-clauses (1)
and (2) in respect of an employee of that employer, but only
in relation to--
(a) matters over which the first-mentioned person has
15 control; or
(b) matters over which--
(i) the first-mentioned person would have had
control apart from express provision to the
contrary in a contract; and
20 (ii) the first-mentioned person would, in the
circumstances, usually be expected to have had
control.
(4) An employer must take all reasonable steps to--
(a) monitor the health and safety of employees; and
25 (b) keep records of that monitoring.
Penalty: $110 000, in the case of a natural person;
$550 000, in the case of a body corporate.
11. Duties of manufacturers in relation to plant and substances
(1) A manufacturer of any plant that the manufacturer ought
30 reasonably to expect will be used by members of the
workforce at a facility must take all reasonably practicable
steps--
(a) to ensure that the plant is so designed and constructed
as to be, when properly used, safe and without risk to
35 health; and
36
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 14
Act No.
(b) to carry out, or cause to be carried out, the research,
testing and examination necessary in order to
discover, and to eliminate or minimise, any risk to
Victorian Legislation and Parliamentary Documents
health and safety that may arise from the use of the
5 plant; and
(c) to make available, in connection with the use of the
plant at a facility, adequate written information
about--
(i) the use for which it is designed and has been
10 tested; and
(ii) details of its design and construction; and
(iii) any conditions necessary to ensure that, when
put to the use for which it was designed and
tested, it will be safe and without risk to health.
15 Penalty: $22 000, in the case of a natural person;
$110 000, in the case of a body corporate.
(2) A manufacturer of any substance that the manufacturer
ought reasonably to expect will be used by members of the
workforce at a facility must take all reasonably practicable
20 steps--
(a) to ensure that the substance is so manufactured as to
be, when properly used, safe and without risk to
health; and
(b) to carry out, or cause to be carried out, the research,
25 testing and examination necessary to discover, and to
eliminate or minimise, any risk to health and safety
that may arise from the use of the substance; and
(c) to make available, in connection with the use of the
substance at a facility, adequate written information
30 concerning--
(i) the use for which it is manufactured and has
been tested; and
(ii) details of its composition; and
(iii) any conditions necessary to ensure that, when
35 put to the use for which it was manufactured
and tested, it will be safe and without risk to
health; and
37
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 14
Act No.
(iv) the first aid and medical procedures that should
be followed if the substance causes injury.
Victorian Legislation and Parliamentary Documents
Penalty: $22 000, in the case of a natural person;
$110 000, in the case of a body corporate.
5 (3) If--
(a) plant or a substance is imported into Australia by a
person who is not its manufacturer; and
(b) at the time of the importation, the manufacturer of the
plant or substance does not have a place of business in
10 Australia--
the first-mentioned person is taken, for the purposes of this
clause, to be the manufacturer of the plant or substance.
(4) This clause does not affect the operation of any other law of
this State that imposes an obligation on a manufacturer in
15 respect of defective goods or in respect of information to be
supplied in relation to goods.
12. Duties of suppliers of facilities, plant and substances
(1) A supplier of a facility, or of any plant or substance that the
supplier ought reasonably to expect will be used by
20 members of the workforce at a facility, must take all
reasonably practicable steps--
(a) to ensure that, at the time of supply, the facility, or the
plant or substance, is in such condition as to be, when
properly used, safe and without risk to health; and
25 (b) to carry out, or cause to be carried out, the research,
testing and examination necessary to discover, and to
eliminate or minimise, any risk to health or safety that
may arise from the condition of the facility, plant or
substance; and
30 (c) to make available--
(i) in the case of a facility--to the operator of a
facility; and
(ii) in the case of plant or substance--to the person
to whom the plant or substance is supplied--
35 adequate written information, in connection with the
use of the facility, plant or substance (as the case
requires) about--
(iii) the condition of the facility, plant or substance
at the time of supply; and
38
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 14
Act No.
(iv) any risk to the health and safety of members of
the workforce at the facility to which the
condition of the facility, plant or substance may
Victorian Legislation and Parliamentary Documents
give rise unless it is properly used; and
5 (v) the steps that need to be taken in order to
eliminate that risk; and
(vi) in the case of a substance--the first aid and
medical procedures that should be followed if
the condition of the substance causes injury to a
10 member of the workforce at the facility.
Penalty: $22 000, in the case of a natural person;
$110 000, in the case of a body corporate.
(2) For the purposes of sub-clause (1), if a person (the
"ostensible supplier") supplies to a person either a facility,
15 or any plant or substance that is to be used by members of
the workforce at a facility, and the ostensible supplier--
(a) carries on the business of financing the acquisition or
the use of goods by other persons; and
(b) has, in the course of that business, acquired an interest
20 in the facility, or in the plant or substance, from
another person (the "actual supplier"), solely for the
purpose of financing its acquisition by, or its
provision to, the person to whom it is finally supplied;
and
25 (c) has not taken possession of the facility, plant or
substance, or has taken possession of the facility,
plant or substance solely for the purpose of passing
possession of the facility, plant or substance to the
person to whom it is finally supplied--
30 a reference in sub-clause (1) to a supplier is, in relation to
the facility, plant or substance referred to in this sub-clause,
to be read as a reference to the actual supplier and not as a
reference to the ostensible supplier.
(3) This clause does not affect the operation of any other law of
35 this State that imposes an obligation in respect of the sale or
supply of goods or in respect of the information to be
supplied in relation to goods.
39
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 14
Act No.
13. Duties of persons erecting facilities or installing plant
(1) A person who erects or installs a facility, or erects or installs
Victorian Legislation and Parliamentary Documents
any plant at a facility, must take all reasonably practicable
steps to ensure that the facility or plant is not erected or
5 installed in such a way that it is unsafe or constitutes a risk
to health.
Penalty: $22 000, in the case of a natural person;
$110 000, in the case of a body corporate.
(2) This clause does not affect the operation of any other law of
10 this State that imposes an obligation in respect of the
erection or installation of structures or goods or the supply
of services.
14. Duties of persons in relation to occupational health and safety
(1) A person at a facility must, at all times, take all reasonably
15 practicable steps--
(a) to ensure that the person does not take any action, or
make any omission, that creates a risk, or increases an
existing risk, to the occupational health and safety of
that person or of any other person at or near the
20 facility; and
(b) in respect of any obligation imposed on the operator
or on any other person by or under a listed OHS
law--to co-operate with the operator or that other
person to the extent necessary to enable the operator
25 or that other person to fulfil that obligation; and
(c) to use equipment that is--
(i) supplied to the person by the operator, an
employer of the person or any other person
having control of work at a facility (the
30 "equipment supplier"); and
(ii) necessary to protect the occupational health and
safety of the person, or of any other person at or
near the facility--
in accordance with any instructions given by the
35 equipment supplier, consistent with the safe and
proper use of the equipment.
Penalty: $5500, in the case of a natural person;
$27 500, in the case of a body corporate.
40
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 14
Act No.
(2) Despite sub-clause (1), the choice or manner of use, or
choice and manner of use, of equipment of the kind referred
to in sub-clause (1)(c)(ii) is a matter that may be,
Victorian Legislation and Parliamentary Documents
consistently with each listed OHS law--
5 (a) agreed on between the equipment supplier and any
relevant health and safety representative; or
(b) agreed on by a health and safety committee.
(3) If an agreement of the kind referred to in sub-clause (2)(a)
or (b) provides a process for choosing equipment of a
10 particular kind that is to be provided by the equipment
supplier, action must not be taken against a person for
failure to use equipment of that kind that is so provided
unless the equipment has been chosen in accordance with
that process.
15 (4) If an agreement of the kind referred to in sub-clause (2)(a)
or (b) provides a process for determining the manner of use
of equipment of a particular kind, action must not be taken
against a person for failure to use, in the manner required by
the equipment supplier, equipment of that kind that is so
20 provided unless the manner has been determined in
accordance with that process.
15. Reliance on information supplied or results of research
(1) For the purpose of the application of clause 8, 9 or 10 to the
use of plant or a substance, a person on whom an obligation
25 is imposed under any of those clauses is regarded as having
taken reasonably practicable steps as required by the
relevant clause, in relation to the use of the plant or
substance, to the extent that--
(a) the person ensured, so far as practicable, that its use
30 was in accordance with the information supplied by
the manufacturer or the supplier of the plant or
substance relating to occupational health and safety in
its use; and
(b) it was reasonable for the person to rely on that
35 information.
(2) For the purpose of the application of clause 11 or 12 to
carrying out research, testing and examining a facility, or
any plant or substance, a person on whom an obligation is
imposed under either of those clauses is regarded as having
40 taken reasonably practicable steps as required by the
relevant clause, in relation to carrying out research, testing
41
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 14
Act No.
and examining the facility, plant or substance, to the extent
that--
Victorian Legislation and Parliamentary Documents
(a) the research, testing or examination has already been
carried out by or on behalf of someone else; and
5 (b) it was reasonable for the person to rely on that
research, testing or examination.
(3) For the purpose of the application of clause 13 to the
erection of a facility or the erection or installation of plant at
a facility, a person on whom an obligation is imposed under
10 that clause is regarded as having taken reasonably
practicable steps as required by that clause to the extent
that--
(a) the person ensured, so far as is reasonably practicable,
that the erection of the facility, or the erection or
15 installation of the plant, was--
(i) in accordance with information supplied by the
manufacturer or supplier of the facility or plant
relating to its erection or its installation; and
(ii) consistent with the occupational health and
20 safety of persons at the facility; and
(b) it was reasonable for the person to rely on that
information.
(4) Nothing in this clause limits the generality of what
constitutes reasonably practicable steps as required by
25 clause 8, 9, 10, 11, 12 or 13.
Division 2--Regulations relating to Occupational Health and Safety
16. Regulations relating to occupational health and safety
(1) The regulations may make provision relating to any matter
affecting, or likely to affect, the occupational health and
30 safety of persons at a facility.
(2) Regulations made for the purposes of sub-clause (1) may
make provision for any or all of the following--
(a) prohibiting or restricting the performance of all work
or specified work at a facility;
35 (b) prohibiting or restricting the use of all plant or
specified plant at a facility;
(c) prohibiting or restricting the carrying out of all
processes or a specified process at a facility;
42
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 14
Act No.
(d) prohibiting or restricting the storage or use of all
substances or specified substances at a facility;
Victorian Legislation and Parliamentary Documents
(e) specifying the form in which information required to
be made available under clause 11(1)(c) or 12(1)(c) is
5 to be so made available;
(f) prohibiting, except in accordance with licences
granted under the regulations, the use of specified
plant or specified substances at a facility;
(g) providing for--
10 (i) the issue, variation, renewal, transfer,
suspension and cancellation of those licences;
and
(ii) the conditions to which the licences may be
subject;
15 (h) regulating the maintenance and testing of plant used at
a facility;
(i) regulating the labelling or marking of substances used
at a facility;
(j) regulating the transport of specified plant or specified
20 substances for use at a facility;
(k) prohibiting the performance, at a facility, of specified
activities or work except--
(i) by persons who satisfy requirements of the
regulations as to qualifications, training or
25 experience; or
(ii) under the supervision specified in the
regulations;
(l) requiring specified action to avoid accidents or
dangerous occurrences;
30 (m) providing for, or prohibiting, specified action in the
event of accidents or dangerous occurrences;
(n) providing for the employment at a facility of persons
to perform specified duties relating to the
maintenance of occupational health and safety at the
35 facility;
(o) regulating the provision and use, at a facility, of
protective clothing and equipment, safety equipment
and rescue equipment;
43
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 14
Act No.
(p) providing for monitoring the health of members of the
workforce at a facility and the conditions at the
facility;
Victorian Legislation and Parliamentary Documents
(q) requiring employers to keep records of matters related
5 to the occupational health and safety of employees;
(r) providing for the provision of first aid equipment and
facilities at facilities.
PART 3--WORKPLACE ARRANGEMENTS
Division 1--Introduction
10 17. Simplified outline
The following is a simplified outline of this Part:
· A group of members of the workforce at a facility
may be established as a designated work group.
· The members of a designated work group may select
15 a health and safety representative for that designated
work group.
· The health and safety representative may exercise
certain powers for the purpose of promoting or
ensuring the occupational health and safety of group
20 members.
· A health and safety committee may be established in
relation to the members of the workforce at a
facility.
· The main function of a health and safety committee
25 is to assist the operator in relation to occupational
health and safety matters.
Division 2--Designated Work Groups
Subdivision A--Establishment of Designated Work Groups
18. Establishment of designated work groups by request
30 (1) A request to the operator of a facility to enter into
consultations to establish designated work groups in relation
to the members of the workforce at the facility may be made
by--
(a) any member of the workforce; or
35 (b) if a member of the workforce requests a workforce
representative in relation to the member to make the
44
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 14
Act No.
request to the operator--that workforce
representative.
Victorian Legislation and Parliamentary Documents
(2) The operator of a facility must, within 14 days after
receiving a request under sub-clause (1), enter into
5 consultations with--
(a) if any member of the workforce made a request to
establish designated work groups--
(i) that member of the workforce; and
(ii) if that member requests that the operator enter
10 into consultations with a workforce
representative in relation to the member--that
workforce representative; and
(iii) each employer (if any) of members of the
workforce; and
15 (b) if a workforce representative made a request to
establish designated work groups--
(i) if a member of the workforce requests that the
operator enter into consultations with that
workforce representative--that workforce
20 representative; and
(ii) each employer of members of the workforce.
(3) Within 14 days after the completion of consultations about
the establishment of the designated work groups, the
operator must, by notifying the members of the workforce,
25 establish the designated work groups in accordance with the
outcome of the consultations.
19. Establishment of designated work groups at initiative of
operator
(1) If, at any time, the operator of a facility considers that
30 designated work groups should be established, the operator
must enter into consultations with--
(a) all members of the workforce; and
(b) if a member of the workforce requests that the
operator enter into consultations with a workforce
35 representative in relation to the member--that
workforce representative; and
(c) each employer (if any) of members of the workforce.
(2) Within 14 days after the completion of consultations about
the establishment of the designated work groups, the
45
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 14
Act No.
operator must, by notifying the members of the workforce,
establish the designated work groups in accordance with the
outcome of the consultations.
Victorian Legislation and Parliamentary Documents
Subdivision B--Variation of Designated Work Groups
5 20. Variation of designated work groups by request
(1) A request to the operator of a facility to enter into
consultations to vary designated work groups that have
already been established in relation to the members of the
workforce at the facility may be made by--
10 (a) any member of the workforce; or
(b) if a member of the workforce requests a workforce
representative in relation to the member to make the
request to the operator--that workforce
representative.
15 (2) The operator of a facility must, within 14 days after
receiving a request under sub-clause (1), enter into
consultations with--
(a) if any member of the workforce made a request to
vary designated work groups--
20 (i) that member of the workforce; and
(ii) the health and safety representative of each
designated work group affected by the proposed
variation; and
(iii) each work group employer (if any) in relation
25 to each designated work group affected by the
proposed variation; and
(b) if a workforce representative made a request to vary
designated work groups--
(i) if a member of a designated work group
30 affected by the proposed variation requests that
the operator enter into consultations with that
workforce representative in relation to the
group--that workforce representative; and
(ii) the health and safety representative of each
35 designated work group affected by the proposed
variation; and
(iii) each work group employer (if any) in relation
to each designated work group affected by the
proposed variation.
46
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 14
Act No.
(3) If--
(a) consultations take place about the variation of
Victorian Legislation and Parliamentary Documents
designated work groups that have already been
established; and
5 (b) as a result of the consultations, it has been determined
that the variation of some or all of those designated
work groups is justified--
then, within 14 days after the completion of the
consultations, the operator must, by notifying the members
10 of the workforce who are affected by the variation, vary the
designated work groups in accordance with the outcome of
the consultations.
21. Variation of designated work groups at initiative of operator
(1) If the operator of a facility believes the designated work
15 groups should be varied, the operator may, at any time, enter
into consultations about the variations with--
(a) the health and safety representative of each of the
designated work groups affected by the proposed
variation; and
20 (b) if a member of a designated work group affected by
the proposed variation requests that the operator enter
into consultations with that workforce representative
in relation to the group--that workforce
representative; and
25 (c) each work group employer (if any) in relation to each
designated work group affected by the proposed
variation.
(2) If--
(a) consultations take place about the variation of
30 designated work groups that have already been
established; and
(b) as a result of the consultations, it has been determined
that the variation of some or all of those designated
work groups is justified--
35 then, within 14 days after the completion of the
consultations, the operator must, by notifying the members
of the workforce who are affected by the variation, vary the
designated work groups in accordance with the outcome of
the consultations.
47
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 14
Act No.
Subdivision C--General
22. Referral of disagreement to reviewing authority
Victorian Legislation and Parliamentary Documents
(1) If, in the course of consultations under clause 18, 19, 20 or
21, there is a disagreement between any of the parties to the
5 consultation about the manner of establishing or varying a
designated work group, any party may, for the purpose of
facilitating that consultation, refer the matter of
disagreement to the reviewing authority.
(2) If the matter of a disagreement is referred to the reviewing
10 authority, the parties to the disagreement must complete the
consultation in accordance with the resolution of that matter
by the reviewing authority.
23. Manner of grouping members of the workforce
(1) Consultations about the establishment or variation of a
15 designated work group must be directed principally at the
determination of the manner of grouping members of the
workforce--
(a) that best and most conveniently enables their interests
relating to occupational health and safety to be
20 represented and safeguarded; and
(b) that best takes account of the need for any health and
safety representative selected for that designated work
group to be accessible to each group member.
(2) The parties to the consultations must have regard, in
25 particular, to--
(a) the number of members of the workforce at the
facility to which the consultation relates; and
(b) the nature of each type of work performed by those
members; and
30 (c) the number and grouping of those members who
perform the same or similar types of work; and
(d) the workplaces where each type of work is performed;
and
(e) the nature of any risks to health and safety at each of
35 those workplaces; and
(f) any overtime or shift working arrangement at the
facility.
48
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 14
Act No.
(3) The designated work groups must be established or varied in
such a way that, so far as practicable, each of the members
of the workforce at a facility is in a designated work group.
Victorian Legislation and Parliamentary Documents
(4) All the members of the workforce at a facility may be in one
5 designated work group.
Division 3--Health and Safety Representatives
Subdivision A--Selection of Health and Safety Representatives
24. Selection of health and safety representatives
(1) One health and safety representative may be selected for
10 each designated work group.
(2) A person is not eligible for selection as the health and safety
representative for a designated work group unless the person
is a member of the workforce included in the group.
(3) A person is taken to have been selected as the health and
15 safety representative for a designated work group if--
(a) all the members of the workforce in the group
unanimously agree to the selection; or
(b) the person is elected as the health and safety
representative of the group in accordance with
20 clause 25.
25. Election of health and safety representatives
(1) If--
(a) there is a vacancy in the office of health and safety
representative for a designated work group; and
25 (b) within a reasonable time after the vacancy occurs, a
person has not been selected under clause 24(3)(a)--
the operator of the facility must invite nominations from all
group members for election as the health and safety
representative of the group.
30 (2) If the office of health and safety representative is vacant and
the operator has not invited nominations within a further
reasonable time that is no later than 6 months after the
vacancy occurred, the Safety Authority may direct the
operator to do so.
49
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 14
Act No.
(3) If there is more than one candidate for election at the close
of the nomination period, the operator must conduct, or
arrange for the conduct of, an election at the operator's
Victorian Legislation and Parliamentary Documents
expense.
5 (4) An election conducted or arranged to be conducted under
sub-clause (3) must be conducted in accordance with
regulations made for the purposes of this sub-clause if this is
requested by the lesser of--
(a) 100 members of the workforce normally in the
10 designated work group; or
(b) a majority of the members of the workforce normally
in the designated work group.
(5) If there is only one candidate for election at the close of the
nomination period, that person is taken to have been elected.
15 (6) A person cannot be a candidate in the election if he or she is
disqualified under clause 31.
(7) All the members of the workforce in the designated work
group are entitled to vote in the election.
(8) An operator conducting or arranging for the conduct of an
20 election under this clause must comply with any relevant
directions issued by the Safety Authority.
26. List of health and safety representatives
The operator of a facility must--
(a) prepare and keep up to date a list of all the health and
25 safety representatives of designated work groups
comprising members of the workforce performing
work at the facility; and
(b) ensure that the list is available for inspection, at all
reasonable times, by--
30 (i) the members of the workforce at the facility;
and
(ii) OHS inspectors.
27. Members of designated work group must be notified of
selection etc. of health and safety representative
35 The operator of a facility must--
(a) notify members of a designated work group in relation
to the facility of a vacancy in the office of health and
safety representative for the designated work group
within a reasonable time after the vacancy arises; and
50
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 14
Act No.
(b) notify those members of the name of any person
selected (whether under clause 24(3)(a) or (b)) as
health and safety representative for the designated
Victorian Legislation and Parliamentary Documents
work group within a reasonable time after the
5 selection is made.
28. Term of office
(1) A health and safety representative for a designated work
group holds office--
(a) if, in consultations that took place under clause 18, 19,
10 20 or 21, the parties to the consultations agreed to the
period for which the health and safety representative
for the group was to hold office--for that period; or
(b) if paragraph (a) does not apply--for 2 years.
(2) The term of office of a health and safety representative
15 begins at the start of the day on which he or she was
selected.
(3) Nothing in this clause prevents a health and safety
representative from being selected for further terms of
office.
20 29. Training of health and safety representatives
(1) A health and safety representative for a designated work
group must undertake a course of training relating to
occupational health and safety that is accredited by the
Safety Authority for the purposes of this clause.
25 (2) The operator of the facility concerned must permit the
representative to take any time off work, without loss of
remuneration or other entitlements, that is necessary to
undertake the training.
(3) If a person other than the operator is the employer of the
30 representative, that person must permit the representative to
take any time off work, without loss of remuneration or
other entitlements, that is necessary to undertake the
training.
30. Resignation etc. of health and safety representatives
35 (1) A person ceases to be the health and safety representative
for the designated work group if--
(a) the person resigns as the health and safety
representative; or
(b) the person ceases to be a group member of that
40 designated work group; or
51
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 14
Act No.
(c) the person's term of office expires without the person
having been selected, under clause 24, to be the health
and safety representative for the designated work
Victorian Legislation and Parliamentary Documents
group for a further term; or
5 (d) the person is disqualified under clause 31.
(2) A person may resign as the health and safety representative
for a designated work group by notice in writing delivered
to the operator and to each work group employer.
(3) If a person resigns as the health and safety representative for
10 a designated work group, the person must notify the
resignation to the group members.
(4) If a person has ceased to be the health and safety
representative for a designated work group because of sub-
clause (1)(b), the person must notify in writing--
15 (a) the group members; and
(b) the operator and each work group employer--
that the person has ceased to be the health and safety
representative for that designated work group.
31. Disqualification of health and safety representatives
20 (1) An application for the disqualification of a health and safety
representative for a designated work group may be made to
the Safety Authority by--
(a) the operator; or
(b) a work group employer; or
25 (c) at the request of a group member of the designated
work group--a workforce representative in relation to
the designated work group.
(2) An application under sub-clause (1) may be made on either
or both of the following grounds--
30 (a) that action taken by the representative in the exercise
or purported exercise of a power under clause 33(1) or
any other provision of this Schedule was taken--
(i) with the intention of causing harm to the
operator or work group employer or to an
35 undertaking of the operator or work group
employer; or
(ii) unreasonably, capriciously or not for the
purpose for which the power was conferred on
the representative;
52
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 14
Act No.
(b) that the representative has intentionally used, or
disclosed to another person, for a purpose that is not
connected with the exercise of a power of a health and
Victorian Legislation and Parliamentary Documents
safety representative, information acquired from the
5 operator or work group employer.
(3) On an application under sub-clause (1), the Safety Authority
may disqualify the representative, for a specified period not
exceeding 5 years, from being a health and safety
representative for any designated work group, if the Safety
10 Authority is satisfied that the representative has acted in a
manner referred to in sub-clause (2).
(4) In making a decision under sub-clause (3), the Safety
Authority must have regard to--
(a) the harm (if any) that was caused to the operator or
15 work group employer or to an undertaking of the
operator or work group employer as a result of the
action of the representative; and
(b) the past record of the representative in exercising the
powers of a health and safety representative; and
20 (c) the effect (if any) on the public interest of the action
of the representative; and
(d) any other matters the Safety Authority thinks relevant.
32. Deputy health and safety representatives
(1) One deputy health and safety representative may be selected
25 for each designated work group for which a health and
safety representative has been selected.
(2) A deputy health and safety representative is to be selected in
the same way as a health and safety representative under
clause 24.
30 (3) If the health and safety representative for a designated work
group--
(a) ceases to be the health and safety representative; or
(b) is unable (because of absence or for any other reason)
to exercise the powers of a health and safety
35 representative--
then--
(c) the powers may be exercised by the deputy health and
safety representative (if any) for the group; and
53
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 14
Act No.
(d) this Schedule (other than this clause) applies in
relation to the deputy health and safety representative
accordingly.
Victorian Legislation and Parliamentary Documents
Subdivision B--Powers of Health and Safety Representatives
5 33. Powers of health and safety representatives
(1) A health and safety representative for a designated work
group may, for the purpose of promoting or ensuring the
health and safety at a workplace of the group members--
(a) do all or any of the following--
10 (i) inspect the whole or any part of the workplace
if there has, in the immediate past, been an
accident or a dangerous occurrence at the
workplace, or if there is an immediate threat of
such an accident or dangerous occurrence;
15 (ii) inspect the whole or any part of the workplace
if the health and safety representative has given
reasonable notice of the inspection to the
operator's representative at the facility and to
any other person having immediate control of
20 the workplace;
(iii) make a request to an OHS inspector or to the
Safety Authority that an inspection be
conducted at the workplace;
(iv) accompany an OHS inspector during any
25 inspection at the workplace by the OHS
inspector (whether or not the inspection is
being conducted as a result of a request made
by the health and safety representative);
(v) if there is no health and safety committee in
30 respect of the members of the workforce at the
facility--represent group members in
consultations with the operator and any work
group employer about the development,
implementation and review of measures to
35 ensure the health and safety of those members
at the workplace;
(vi) if a health and safety committee has been
established in respect of the members of the
workforce at the facility--examine any of the
40 records of that committee; and
54
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 14
Act No.
(b) investigate complaints made by any group member to
the health and safety representative about the health
and safety of any of the members of the workforce
Victorian Legislation and Parliamentary Documents
(whether in the group or not); and
5 (c) with the consent of a group member, be present at any
interview about health and safety at work between
that member and--
(i) an OHS inspector; or
(ii) the operator or a person representing the
10 operator; or
(iii) a work group employer or a person representing
that employer; and
(d) obtain access to any information under the control of
the operator or any work group employer--
15 (i) relating to risks to the health and safety of any
group member; and
(ii) relating to the health and safety of any group
member; and
(e) issue provisional improvement notices in accordance
20 with clause 37.
(2) Sub-clause (1)(d)(ii) has effect subject to clause 35.
34. Assistance by consultant
(1) A health and safety representative for a designated work
group is entitled, in the exercise of his or her powers, to be
25 assisted by a consultant.
(2) A health and safety representative for a designated work
group may--
(a) be assisted by a consultant at a workplace at which
work is performed; or
30 (b) provide to a consultant information that has been
provided to the health and safety representative by a
group member under clause 33(1)(d)--
only if the operator or the Safety Authority has, in writing,
agreed to the provision of that assistance at that workplace
35 or the provision of that information, as the case may be.
55
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 14
Act No.
(3) Neither the operator nor any workplace employer becomes,
because of the agreement under sub-clause (2) to the
provision of assistance by a consultant, liable for any
Victorian Legislation and Parliamentary Documents
remuneration or other expenses incurred in connection with
5 the consultant's activities.
(4) If a health and safety representative for a designated work
group is being assisted by a consultant, the consultant is
entitled to be present with the representative at any
interview, about health and safety at work, between a group
10 member and--
(a) an OHS inspector; or
(b) the operator or any work group employer or a person
representing the operator or that employer--
if, and only if, the group member consents to the presence of
15 the consultant.
35. Information
(1) Neither--
(a) a health and safety representative; nor
(b) a consultant assisting a health and safety
20 representative--
is entitled, under clause 33(1)(d)(ii), to have access to
information in respect of which a group member is entitled
to claim, and does claim, legal professional privilege.
(2) Neither--
25 (a) a health and safety representative; nor
(b) a consultant assisting a health and safety
representative--
is entitled, under clause 33(1)(d)(ii), to have access to
information of a confidential medical nature relating to a
30 person who is or was a group member unless--
(c) the person has delivered to the operator or any work
group employer a written authority permitting the
health and safety representative, or the health and
safety representative and the consultant, as the case
35 requires, to have access to the information; or
(d) the information is in a form that does not identify the
person or enable the identity of the person to be
discovered.
56
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 14
Act No.
36. Obligations and liabilities of health and safety representatives
This Schedule does not--
Victorian Legislation and Parliamentary Documents
(a) impose an obligation on a person to exercise any
power conferred on the person because the person is a
5 health and safety representative; or
(b) render a person liable in civil proceedings because
of--
(i) a failure to exercise such a power; or
(ii) the way such a power was exercised.
10 37. Provisional improvement notices
(1) If--
(a) a health and safety representative for a designated
work group believes, on reasonable grounds, that a
person--
15 (i) is contravening a provision of a listed OHS law;
or
(ii) has contravened a provision of a listed OHS
law and is likely to contravene that provision
again; and
20 (b) the contravention affects or may affect one or more
group members--
the representative must consult with the person supervising
the relevant activity in an attempt to reach agreement on
rectifying the contravention or preventing the likely
25 contravention.
(2) If, in the health and safety representative's opinion,
agreement is not reached within a reasonable time, the
health and safety representative may issue a provisional
improvement notice to any or all of the persons (each of
30 whom is in this clause called a "responsible person")
responsible for the contravention.
(3) If a responsible person is the operator, the improvement
notice may be issued to the operator by giving it to the
operator's representative at the facility.
57
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 14
Act No.
(4) If it is not practicable to issue the notice to a responsible
person (other than the operator or the supervisor) by giving
it to that responsible person--
Victorian Legislation and Parliamentary Documents
(a) the notice may be issued to that responsible person by
5 giving it to the person who for the time being is, or
may reasonably be presumed to be, on behalf of the
responsible person, in charge of the activity to which
the notice relates; and
(b) if the notice is so issued, a copy of the notice must be
10 given to the responsible person as soon as practicable
afterwards.
(5) The notice must--
(a) specify the contravention that, in the health and safety
representative's opinion, is occurring or is likely to
15 occur, and set out the reasons for that opinion; and
(b) specify a period that--
(i) is not less than 7 days beginning on the day
after the notice is issued; and
(ii) is, in the representative's opinion, reasonable--
20 within which the responsible person is to take action
necessary to prevent any further contravention or to
prevent the likely contravention, as the case may be.
(6) The notice may specify action that the responsible person is
to take during the period specified in the notice.
25 (7) If, in the health and safety representative's opinion, it is
appropriate to do so, the representative may, in writing and
before the end of the period, extend the period specified in
the notice.
(8) On issuing the notice, the health and safety representative
30 must give a copy of the notice to--
(a) if the operator is not a responsible person--the
operator; and
(b) each work group employer other than a work group
employer who is a responsible person; and
35 (c) if the supervisor is not a responsible person--the
supervisor; and
58
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 14
Act No.
(d) if the notice relates to any plant, substance or thing
that is owned by a person other than a responsible
person or a person to whom a copy of the notice is
Victorian Legislation and Parliamentary Documents
given under paragraph (a), (b) or (c)--that owner.
5 38. Effect of provisional improvement notice
(1) Within 7 days after a notice is issued under clause 37--
(a) the responsible person; or
(b) any other person, to whom a copy of the notice has
been given under clause 37(8)--
10 may request the Safety Authority or an OHS inspector for an
inspection of the matter to be conducted.
(2) On the request being made, the operation of the notice is
suspended pending the determination of the matter by an
OHS inspector.
15 (3) As soon as possible after a request is made, an inspection
must be conducted of the work that is the subject of the
disagreement, and the OHS inspector conducting the
inspection must--
(a) confirm, vary or cancel the notice and notify the
20 responsible person and any person to whom a copy of
the notice has been given under clause 37(8)
accordingly; and
(b) make decisions, and exercise powers, under Part 4, as
the OHS inspector considers necessary in relation to
25 the work.
(4) If the OHS inspector varies a notice, the notice as so varied
has effect--
(a) so far as the notice concerns obligations imposed on
the responsible person that are unaffected by the
30 variation--as if the notice as so varied resumed effect
on the day of the variation; and
(b) so far as the notice concerns new obligations imposed
by virtue of the variation--as if the notice as so varied
were a new notice issued on the day of the variation.
35 (5) If the notice is issued to a responsible person, the
responsible person must--
(a) notify each group member who is affected by the
notice of the fact of the issue of the notice; and
59
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 14
Act No.
(b) until the notice ceases to have effect, cause a copy of
the notice to be displayed at or near each workplace at
which the work that is the subject of the notice is
Victorian Legislation and Parliamentary Documents
being performed.
5 (6) The notice ceases to have effect if--
(a) it is cancelled by an OHS inspector or by the health
and safety representative; or
(b) the responsible person--
(i) takes the action, if any, specified in the notice;
10 or
(ii) if no action is so specified--takes the action
necessary to prevent the further contravention,
or likely contravention, concerned.
(7) The responsible person--
15 (a) must ensure that, to the extent that the notice relates to
any matter over which the person has control, the
notice is complied with; and
(b) must take reasonable steps to inform the health and
safety representative who issued the notice of the
20 action taken to comply with the notice.
(8) For the purposes of clause 65, if the OHS inspector confirms
or varies the notice, the OHS inspector is taken to have
decided, under clause 61, to issue an improvement notice in
those terms.
25 Subdivision C--Duties of the Operator and Other Employers in relation
to Health and Safety Representatives
39. Duties of the operator and other employers in relation to
health and safety representatives
(1) The operator of a facility, in relation to which a designated
30 work group having a health and safety representative has
been established, must--
(a) on being requested to do so by the representative,
consult with the representative on the implementation
of changes at any workplace at which some or all of
35 the group members perform work, being changes that
may affect their health and safety; and
60
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 14
Act No.
(b) in relation to a workplace at which some or all of the
group members perform work--
Victorian Legislation and Parliamentary Documents
(i) permit the representative to make any
inspection of the workplace that the
5 representative is entitled to make in accordance
with clause 33(1)(a)(i) and to accompany an
OHS inspector during an inspection at the
workplace by the OHS inspector; and
(ii) if there is no health and safety committee in
10 respect of the members of the workforce--on
being requested to do so by the representative,
consult with the representative about the
development, implementation and review of
measures to ensure the health and safety of
15 group members; and
(c) permit the representative to be present at any
interview at which the representative is entitled to be
present under clause 33(1)(c); and
(d) provide to the representative access to any
20 information to which the representative is entitled to
obtain access under clause 33(1)(d)(i) or (ii) and to
which access has been requested; and
(e) permit the representative to take any time off work,
without loss of remuneration or other entitlements,
25 that is necessary to exercise the powers of a health
and safety representative; and
(f) provide the representative with access to any facilities
that are--
(i) prescribed for the purposes of this paragraph; or
30 (ii) necessary for the purposes of exercising the
powers of a health and safety representative.
(2) Sub-clause (1)(d) has effect subject to sub-clauses (3) and
(4).
(3) The operator must not permit a health and safety
35 representative in relation to a designated work group to have
access to information that--
(a) is of a confidential medical nature under the control of
the operator; and
(b) relates to a person who is or was a group member--
40 unless--
61
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 14
Act No.
(c) the person has delivered to the employer a written
authority permitting the representative to have access
to the information; or
Victorian Legislation and Parliamentary Documents
(d) the information is in a form that does not identify the
5 person or enable the identity of the person to be
discovered.
(4) The operator is not required to give a health and safety
representative access to any information in respect of which
the operator is entitled to claim, and does claim, legal
10 professional privilege.
(5) The duties imposed by this clause on the operator in respect
of the health and safety representative for a designated work
group apply equally, to the extent that the matters to which
the duties relate are within the control of a work group
15 employer or of a supervisor of particular work, to that
employer and to that supervisor.
Division 4--Health and Safety Committees
40. Health and safety committees
(1) A health and safety committee must be established in
20 relation to the members of the workforce at a facility if--
(a) the number of those members normally present at the
facility is not less than 50 (whether or not those
members are all at work at the facility at the same
time); and
25 (b) the members of the workforce are included in one or
more designated work groups; and
(c) the operator is requested to establish the committee by
the health and safety representative for the designated
work group or for one of the designated work groups.
30 (2) The health and safety committee consists of--
(a) the number of members specified in an agreement
reached between the operator and the members of the
workforce; or
(b) if there is no such agreement--an equal number of--
35 (i) members, chosen by the members of the
workforce, to represent the interests of
members of the workforce; and
62
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 14
Act No.
(ii) members, chosen by the operator, to represent
the interests of the operator and the employer
(other than the operator) of members of the
Victorian Legislation and Parliamentary Documents
workforce.
5 (3) The agreement referred to in sub-clause (2)(a) may--
(a) specify the persons who are to be members to
represent the interests of the operator and employers
(other than the operator) of members of the
workforce; and
10 (b) provide for the way in which persons who are to be
members to represent the interests of members of the
workforce are to be chosen.
(4) If regulations made for the purposes of this clause specify
procedures for the selection of persons as members of health
15 and safety committees to represent the interests of members
of the workforce, an agreement referred to in sub-
clause (2)(a) must not provide for members to be chosen in a
way inconsistent with the regulations.
(5) A health and safety committee must hold a meeting at least
20 once every 3 months.
(6) The procedure at meetings of a health and safety committee
must, except to the extent provided for by the regulations, be
the procedure agreed upon by the committee.
(7) A health and safety committee must cause minutes of its
25 meetings to be kept, and must retain those minutes for a
period of not less than 3 years.
(8) This clause does not prevent an operator from establishing,
in consultation with registered unions or any other persons,
committees concerned with occupational health and safety
30 in relation to undertakings carried on by the operator.
41. Functions of health and safety committees
(1) A health and safety committee has the following
functions--
(a) to assist the operator of the facility concerned--
35 (i) to develop and implement measures designed to
protect; and
(ii) to review and update measures used to
protect--
the health and safety at work of members of the
40 workforce;
63
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 14
Act No.
(b) to facilitate co-operation between the operator of the
facility, employers (other than the operator) of
members of the workforce, and members of the
Victorian Legislation and Parliamentary Documents
workforce, in relation to occupational health and
5 safety matters;
(c) to assist the operator to disseminate among members
of the workforce, in appropriate languages,
information relating to health and safety at work;
(d) any prescribed functions;
10 (e) any other functions that are agreed between the
operator and the health and safety committee.
(2) A health and safety committee has power to do all things
necessary or convenient to be done for, or in connection
with, the performance of its functions.
15 (3) This Schedule does not--
(a) impose an obligation on a person to do any act,
because the person is a member of a health and safety
committee, in connection with the performance of a
function conferred on the committee; or
20 (b) render such a person liable in civil proceedings
because of--
(i) a failure to do such an act; or
(ii) the manner in which such an act was done.
42. Duties of the operator and other employers in relation to
25 health and safety committees
(1) If there is a health and safety committee, the operator and
any employer (other than the operator) of a member of the
workforce must--
(a) make available to the committee any information
30 possessed by the operator or that employer relating to
risks to health and safety to members of the
workforce; and
(b) permit any member of the committee who is a
member of the workforce to take time off work,
35 without loss of remuneration or other entitlements, as
is necessary for the member adequately to participate
in the performance by the committee of its functions.
(2) Sub-clause (1)(a) has effect subject to sub-clauses (3) and
(4).
64
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 14
Act No.
(3) The operator or any employer (other than the operator) of a
member of the workforce must not make available to a
health and safety committee information of a confidential
Victorian Legislation and Parliamentary Documents
nature relating to a person who is or was a member of the
5 workforce, unless--
(a) the person has authorised the information to be made
available to the committee; or
(b) the information is in a form that does not identify the
person or enable the identity of the person to be
10 discovered.
(3) The operator or any employer (other than the operator) of a
member of the workforce is not required to make available
to a health and safety committee any information in respect
of which the operator or employer is entitled to claim, and
15 does claim, legal professional privilege.
Division 5--Emergency Procedures
43. Action by health and safety representatives
(1) If a health and safety representative for a designated work
group has reasonable cause to believe that there is an
20 imminent and serious danger to the health or safety of any
person at or near the facility unless a group member or
group members cease to perform particular work, the
representative must--
(a) inform a person (a "supervisor") supervising the
25 group member or group members in the performance
of the work of the danger; or
(b) if no supervisor can be contacted immediately--
(i) direct the group member or group members to
cease, in a safe manner, to perform the work;
30 and
(ii) as soon as practicable, inform a supervisor that
the direction has been given.
(2) If a supervisor is informed under sub-clause (1)(a) of a
danger to the health or safety of any person at or near the
35 facility, the supervisor must take the action he or she thinks
appropriate to remove that danger, which may include
directing a group member or group members to cease, in a
safe manner, to perform the work.
65
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 14
Act No.
(3) If--
(a) a health and safety representative has informed a
Victorian Legislation and Parliamentary Documents
supervisor under sub-clause (1)(a) of a danger; and
(b) the representative has reasonable cause to believe that,
5 despite any action taken by the supervisor in
accordance with sub-clause (2), there continues to be
an imminent and serious danger to the health or safety
of any person at or near the facility unless the group
member or group members cease to perform
10 particular work--
the representative must--
(c) direct the group member or group members to cease,
in a safe manner, to perform the work; and
(d) as soon as practicable, inform the supervisor that the
15 direction has been given.
(4) If--
(a) a health and safety representative gives a direction
under sub-clause (1)(b), but is unable to agree with a
supervisor whom the representative has informed
20 under that sub-clause that there is a need for a
direction under that sub-clause; or
(b) a health and safety representative gives a direction
under sub-clause (3)(c)--
the representative or the supervisor may request the Safety
25 Authority or an OHS inspector that an inspection be
conducted of the work that is the subject of the direction.
(5) As soon as possible after a request is made, an inspection
must be conducted of the work that is the subject of the
direction, and the OHS inspector conducting the inspection
30 must make decisions, and exercise powers, under Part 4 as
the OHS inspector considers necessary in relation to the
work.
(6) This clause does not limit the power of a health and safety
representative under clause 33(1)(a)(iii) to request an OHS
35 inspector or the Safety Authority that an inspection be
conducted at the workplace.
66
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 14
Act No.
44. Directions to perform other work
If--
Victorian Legislation and Parliamentary Documents
(a) a group member who is an employee has ceased to
perform work, in accordance with the direction of a
5 health and safety representative under clause 43(1)(b)
or (3)(c); and
(b) the cessation of work does not continue after--
(i) the health and safety representative has agreed
with a person supervising work at the
10 workplace where the work was being
performed that the cessation of work was not,
or is no longer, necessary; or
(ii) an OHS inspector has, under clause 43(5),
made a decision to the effect that the employee
15 should perform the work--
the employer may direct the employee to perform suitable
alternative work, and the employee is to be taken, for all
purposes, to be required to perform that other work under
the terms and conditions of the employee's employment.
20 Division 6--Exemptions
45. Exemptions
(1) The Safety Authority may, in accordance with the
regulations, make a written order exempting a specified
person or class of person from any or all of the provisions of
25 this Part (other than this clause).
(2) The Safety Authority must not make an order under sub-
clause (1) unless it is satisfied on reasonable grounds that it
is impracticable for the person to comply with the provision
or provisions.
30 PART 4--INSPECTIONS
Division 1--Introduction
46. Simplified outline
The following is a simplified outline of this Part:
· An OHS inspector may conduct an inspection--
35 (a) to ascertain whether a listed OHS law is being
complied with; or
67
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 14
Act No.
(b) concerning a contravention or a possible
contravention of a listed OHS law; or
Victorian Legislation and Parliamentary Documents
(c) concerning an accident or dangerous
occurrence that has happened at or near a
5 facility.
· An OHS inspector may issue a prohibition notice to
the operator of a facility in order to remove an
immediate threat to the health and safety of any
person.
·
10 An OHS inspector may issue an improvement notice
specifying action that is to be taken to prevent
contravention of a listed OHS law.
· An OHS inspector must prepare a report about an
inspection and give the report to the Safety
15 Authority.
47. Powers, functions and duties of OHS inspectors
(1) An OHS inspector has the powers, functions and duties
conferred or imposed by the listed OHS laws.
(2) The Safety Authority may give written directions specifying
20 the manner in which, and the conditions subject to which,
powers conferred on OHS inspectors by a listed OHS law
are to be exercised. If it does so, the powers of OHS
inspectors must be exercised in accordance with those
directions.
25 (3) The Safety Authority may, by notice in writing, impose
restrictions, not inconsistent with any direction in force
under sub-clause (2), on the powers that are conferred on a
particular OHS inspector by a listed OHS law. If it does so,
the powers of the OHS inspector are taken to have been
30 restricted accordingly.
Division 2--Inspections
48. Inspections
(1) An OHS inspector may, at any time, conduct an
inspection--
35 (a) to ascertain whether the requirements of, or any
requirements properly made under, a listed OHS law
are being complied with; or
(b) concerning a contravention or a possible
contravention of a listed OHS law; or
68
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 14
Act No.
(c) concerning an accident or dangerous occurrence that
has happened at a facility.
Victorian Legislation and Parliamentary Documents
(2) The Safety Authority may direct an OHS inspector to
conduct an inspection--
5 (a) to ascertain whether the requirements of, or any
requirements properly made under, a listed OHS law
are being complied with; or
(b) concerning a contravention or a possible
contravention of a listed OHS law; or
10 (c) concerning an accident or dangerous occurrence that
has happened at a facility--
and the OHS inspector must, unless the Safety Authority
revokes the direction, conduct an inspection accordingly.
Division 3--Powers of OHS Inspectors in relation to the Conduct of
15 Inspections
Subdivision A--General Powers of Entry and Search
49. Powers of entry and search--facilities
(1) An OHS inspector may, for the purposes of an inspection, at
any reasonable time during the day or night--
20 (a) enter the facility to which the inspection relates and
do all or any of the following--
(i) search the facility;
(ii) inspect, examine, take measurements of, or
conduct tests concerning, any workplace at the
25 facility or any plant, substance or thing at the
facility;
(iii) take photographs of, make video recordings of,
or make sketches of, any workplace at the
facility or any plant, substance or thing at the
30 facility;
(iv) inspect, take extracts from, or make copies of,
any documents at the facility that the OHS
inspector has reasonable grounds to believe
relate, or are likely to relate, to the subject
35 matter of the inspection; and
(b) inspect the seabed and subsoil in the vicinity of the
facility to which the inspection relates.
69
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 14
Act No.
(2) Immediately on entering a facility for the purposes of an
inspection, an OHS inspector must take reasonable steps to
notify the purpose of entering the facility to--
Victorian Legislation and Parliamentary Documents
(a) the operator's representative at the facility; and
5 (b) if there is a health and safety representative for a
designated work group having a group member likely
to be affected by the matter the subject of the
inspection--that representative--
and must, on being requested to do so by the person referred
10 to in paragraph (a) or (b), produce for inspection by that
person--
(c) the OHS inspector's identity card; and
(d) a copy of the Safety Authority's written direction (if
any) to conduct the inspection; and
15 (e) a copy of the restrictions (if any) imposed on the
powers of the OHS inspector under clause 47(3).
(3) If there is a health and safety representative for a designated
work group having a group member likely to be affected by
the matter the subject of the inspection, the OHS inspector
20 must afford the health and safety representative a reasonable
opportunity to consult on the matter the subject of the
inspection.
50. Powers of entry and search--regulated business premises
(other than facilities)
25 (1) An OHS inspector may, for the purposes of an inspection--
(a) at any reasonable time, enter any regulated business
premises (other than a facility) if the OHS inspector
has reasonable grounds to believe that there are likely
to be at those premises documents that relate to a
30 facility that is, or to facility operations that are, the
subject of the inspection; and
(b) search for, inspect, take extracts from, or make copies
of, any such documents at those premises.
(2) Immediately on entering premises referred to in sub-
35 clause (1), an OHS inspector must take reasonable steps to
notify the purpose of the entry to the occupier of those
premises, and must, on being requested to do so by the
occupier, produce for inspection by the occupier--
(a) the OHS inspector's identity card; and
70
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 14
Act No.
(b) a copy of the Safety Authority's written direction (if
any) to conduct the inspection; and
Victorian Legislation and Parliamentary Documents
(c) a copy of the restrictions (if any) imposed on the
powers of the OHS inspector under clause 47(3).
5 51. Powers of entry and search--premises (other than regulated
business premises)
(1) An OHS inspector may, for the purposes of an inspection--
(a) enter any premises (other than regulated business
premises) if the OHS inspector has reasonable
10 grounds to believe that there are likely to be at those
premises documents that relate to a facility that is, or
to facility operations that are, the subject of the
inspection; and
(b) search for, inspect, take extracts from, or make copies
15 of, any such documents at those premises.
(2) An OHS inspector may exercise the powers referred to in
sub-clause (1) to enter premises only--
(a) if the premises are not a residence--
(i) in accordance with a warrant under clause 52;
20 or
(ii) with the consent of the occupier of the
premises; or
(b) if the premises are a residence--with the consent of
the occupier of the premises.
25 (3) Immediately on entering premises referred to in sub-
clause (1), an OHS inspector must--
(a) take reasonable steps to notify the purpose of the
entry to the occupier of those premises; and
(b) take reasonable steps to produce, for inspection by the
30 occupier, the OHS inspector's identity card; and
(c) on being requested to do so by the occupier, produce,
for inspection by the occupier--
(i) a copy of the Safety Authority's written
direction (if any) to conduct the inspection; and
35 (ii) a copy of the restrictions (if any) imposed on
the powers of the OHS inspector under
clause 47(3).
71
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 14
Act No.
(4) If--
(a) an OHS inspector enters premises in accordance with
Victorian Legislation and Parliamentary Documents
a warrant under clause 52; and
(b) the occupier of the premises is present at the
5 premises--
the OHS inspector must make a copy of the warrant
available to the occupier.
(5) Before obtaining the consent of a person as mentioned in
sub-clause (2)(a) or (b), an OHS inspector must inform the
10 person that--
(a) the person may refuse consent; and
(b) the consent may be withdrawn.
(6) The consent of a person is not effective for the purposes of
sub-clause (2) unless the consent is voluntary.
15 52. Warrant to enter premises (other than regulated business
premises)
(1) An OHS inspector may apply to a Magistrate for a warrant
authorising the OHS inspector, with any assistance as the
OHS inspector thinks necessary, to exercise the powers
20 referred to in clause 51(1) in relation to particular premises
(other than a residence).
(2) The application must be supported by evidence on oath
(whether oral or by affidavit) that sets out the grounds on
which the OHS inspector is applying for the warrant.
25 (3) If the Magistrate is satisfied that there are reasonable
grounds for issuing the warrant, the Magistrate may issue
the warrant in accordance with the Magistrates' Court Act
1989.
(4) A warrant issued under sub-clause (3) must state--
30 (a) the name of the OHS inspector; and
(b) whether the inspection may be carried out at any time
or only during specified hours of the day; and
(c) the day on which the warrant ceases to have effect;
and
35 (d) the purposes for which the warrant is issued.
(5) The day specified under sub-clause (4)(c) is not to be more
than 7 days after the day on which the warrant is issued.
72
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 14
Act No.
(6) The purposes specified under sub-clause (4)(d) must include
the identification of the premises in relation to which the
warrant is issued.
Victorian Legislation and Parliamentary Documents
(7) The rules to be observed with respect to search warrants
5 under the Magistrates' Court Act 1989 extend and apply to
warrants under this clause.
53. Obstructing or hindering OHS inspector
A person must not, without reasonable excuse, obstruct or
hinder an OHS inspector in the exercise of an OHS
10 inspector's powers under clause 49, 50 or 51.
Penalty: $5500, in the case of a natural person;
$27 500, in the case of a body corporate.
Subdivision B--Other Powers
54. Power to require assistance and information
15 (1) An OHS inspector may, to the extent that it is reasonably
necessary to do so in connection with the conduct of an
inspection, require--
(a) the operator of a facility; or
(b) the person in charge of operations at a workplace in
20 relation to a facility; or
(c) a member of the workforce at a facility; or
(d) any person representing a person referred to in
paragraph (a) or (b)--
to provide the OHS inspector with reasonable assistance and
25 facilities--
(e) that is or are reasonably connected with the conduct
of the inspection at or near the facility; or
(f) for the effective exercise of the OHS inspector's
powers under this Schedule in connection with the
30 conduct of the inspection at or near the facility.
(2) The reasonable assistance referred to in sub-clause (1)
includes, so far as the operator of the facility is concerned--
(a) appropriate transport to or from the facility for the
OHS inspector and for any equipment required by the
35 OHS inspector, or any article of which the OHS
inspector has taken possession; and
73
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 14
Act No.
(b) reasonable accommodation and means of subsistence
while the OHS inspector is at the facility.
Victorian Legislation and Parliamentary Documents
(3) A person must not fail, without reasonable excuse, to
comply with a requirement under this clause.
5 Penalty: $3300 or imprisonment for 6 months or both, in
the case of a natural person;
$16 500, in the case of a body corporate.
55. Power to require the answering of questions and the
production of documents or articles
10 (1) If--
(a) an OHS inspector believes on reasonable grounds that
a person is capable of answering a question that is
reasonably connected with the conduct of an
inspection; and
15 (b) the person is--
(i) the operator of a facility; or
(ii) the person in charge of operations at a
workplace in relation to a facility; or
(iii) a member of the workforce at a facility; or
20 (iv) any person representing a person referred to in
sub-paragraph (i) or (ii)--
the OHS inspector may, to the extent that it is reasonably
necessary to do so in connection with the conduct of the
inspection, require the person to answer the question put by
25 the OHS inspector.
(2) If, at the time when a requirement under sub-clause (1) is
imposed on a person, the person is not physically present on
regulated business premises, the person is not obliged to
comply with the requirement unless the requirement--
30 (a) is in writing; and
(b) specifies the day on or before which the question is to
be answered (being at least 14 days after the day on
which the requirement is imposed); and
(c) is accompanied by a statement to the effect that a
35 failure to comply with the requirement is an offence.
74
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 14
Act No.
(3) If--
(a) an OHS inspector believes on reasonable grounds that
Victorian Legislation and Parliamentary Documents
a person is capable of producing a document or article
that is reasonably connected with the conduct of an
5 inspection; and
(b) the person is--
(i) the operator of a facility; or
(ii) the person in charge of operations at a
workplace in relation to a facility; or
10 (iii) a member of the workforce at a facility; or
(iv) any person representing a person referred to in
subparagraph (i) or (ii)--
the OHS inspector may, to the extent that it is reasonably
necessary to do so in connection with the conduct of the
15 inspection, require the person to produce the document or
article.
(4) If, at the time when a requirement under sub-clause (3) is
imposed on a person, the person is not physically present on
regulated business premises, the person is not obliged to
20 comply with the requirement unless the requirement--
(a) is in writing; and
(b) specifies the day on or before which the document or
article is to be produced (being at least 14 days after
the day on which the requirement is imposed); and
25 (c) is accompanied by a statement to the effect that a
failure to comply with the requirement is an offence.
(5) A person must not--
(a) fail, without reasonable excuse, to comply with a
requirement under this clause; or
30 (b) in purported compliance with a requirement under this
clause, give information that is false or misleading in
a material particular.
Penalty: $3300 or imprisonment for 6 months or both, in
the case of a natural person;
35 $16 500, in the case of a body corporate.
75
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 14
Act No.
56. Privilege against self-incrimination
(1) A person is not excused from answering a question or
Victorian Legislation and Parliamentary Documents
producing a document or article when required to do so
under clause 55 on the ground that the answer to the
5 question, or the production of the document or article, may
tend to incriminate the person or make the person liable to a
penalty.
(2) However--
(a) the answer given or document or article produced; or
10 (b) answering the question or producing the document or
article; or
(c) any information, document or thing obtained as a
direct or indirect consequence of the answering of the
question or the production of the document or
15 article--
is not admissible in evidence against the person--
(d) in any civil proceedings; or
(e) in any criminal proceedings other than proceedings
for an offence against clause 55.
20 57. Power to take possession of plant, take samples of substances
etc.
(1) In conducting an inspection, an OHS inspector may, to the
extent that it is reasonably necessary for the purposes of
inspecting, examining, taking measurements of or
25 conducting tests concerning, any plant, substance or thing at
a facility in connection with the inspection--
(a) take possession of the plant, substance or thing and
remove it from the facility; or
(b) take a sample of the substance or thing and remove
30 that sample from the facility.
(2) On taking possession of plant, a substance or a thing, or
taking a sample of a substance or thing, the OHS inspector
must, by notice in writing, inform--
(a) the operator of the facility; and
35 (b) if the plant, substance or thing is used for the
performance of work by an employer of a member or
members of the workforce at the facility other than
the operator of the facility--that employer; and
76
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 14
Act No.
(c) if the plant, substance or thing is owned by a person
other than a person mentioned in paragraph (a) or
(b)--that person; and
Victorian Legislation and Parliamentary Documents
(d) if there is a health and safety representative for a
5 designated work group that includes a member of the
workforce who is affected by the matter to which the
inspection relates--that representative--
of the taking of possession or the taking of the sample, as
the case may be, and the reasons for it.
10 (3) If the OHS inspector gives the notice to the operator of the
facility to which the inspection relates, the operator's
representative at the facility must cause the notice to be
displayed in a prominent place at the workplace from which
the plant, substance or thing was removed.
15 (4) If the OHS inspector takes possession of plant, a substance
or a thing at a workplace for the purpose of inspecting,
examining, taking measurements of or conducting tests
concerning, the plant, substance or thing, the OHS inspector
must--
20 (a) ensure that the inspection, examination, measuring or
testing is conducted as soon as practicable; and
(b) return it to the workplace as soon as practicable
afterwards.
(5) As soon as practicable after completing any such inspection,
25 examination, measurement or testing, the investigator must
give a written statement setting out the results to each
person whom the investigator is required to notify under
sub-clause (2).
58. Power to direct that workplace etc. not be disturbed
30 (1) An OHS inspector may give a direction under sub-clause (2)
if, in conducting an inspection, the OHS inspector has
reasonable grounds to believe that it is reasonably necessary
to do so in order to--
(a) remove an immediate threat to the health or safety of
35 any person; or
(b) allow the inspection, examination or taking of
measurements of, or conducting of tests concerning, a
facility or any plant, substance or thing at the facility.
77
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 14
Act No.
(2) If sub-clause (1) applies, the OHS inspector may direct, by
written notice given to the operator's representative at the
facility, that the operator must ensure that--
Victorian Legislation and Parliamentary Documents
(a) a particular workplace; or
5 (b) particular plant, or a particular substance or thing--
not be disturbed for a period specified in the direction.
(3) The period specified in the direction must be a period that
the OHS inspector has reasonable grounds to believe is
necessary in order to remove the threat or to allow the
10 inspection, examination, measuring or testing to take place.
(4) The direction may be renewed by another direction in the
same terms.
(5) If an OHS inspector gives a notice to the operator's
representative under sub-clause (2), the operator's
15 representative must cause the notice to be displayed in a
prominent place at the workplace--
(a) that is to be left undisturbed; or
(b) where the plant, substance or thing that is to be left
undisturbed is located.
20 (6) As soon as practicable after giving the direction, the OHS
inspector must take reasonable steps to notify--
(a) if the workplace, plant, substance or thing to which
the direction relates is owned by a person other than
the operator of the facility--that person; and
25 (b) if there is a health and safety representative for a
designated work group that includes a group member
performing work--
(i) at a workplace; or
(ii) involving the plant, substance or thing--
30 to which the direction relates--that representative--
of the direction and the reasons for giving it.
(7) The operator of a facility to which a direction concerning a
workplace, plant, substance or a thing relates must ensure
that the direction is complied with.
35 Penalty: $27 500, in the case of a natural person;
$137 500, in the case of a body corporate.
78
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 14
Act No.
(8) A direction under sub-clause (2) must be accompanied by a
statement setting out the reasons for the direction.
Victorian Legislation and Parliamentary Documents
59. Power to issue prohibition notices
(1) If, having conducted an inspection, an OHS inspector is
5 satisfied on reasonable grounds that it is reasonably
necessary to issue a prohibition notice to the operator of a
facility in order to remove an immediate threat to the health
or safety of any person, the OHS inspector may issue a
prohibition notice, in writing, to the operator.
10 (2) The notice must be issued to the operator by giving it to the
operator's representative at the facility.
(3) The notice must--
(a) specify the activity in respect of which, in the OHS
inspector's opinion, the threat to health or safety has
15 arisen, and set out the reasons for that opinion; and
(b) either--
(i) direct the operator to ensure that the activity is
not engaged in; or
(ii) direct the operator to ensure that the activity is
20 not engaged in in a specified manner.
(4) A specified manner may relate to any one or more of the
following--
(a) any workplace, or part of a workplace, at which the
activity is not to be engaged in;
25 (b) any plant or substance that is not to be used in
connection with the activity;
(c) any procedure that is not to be followed in connection
with the activity.
(5) The notice may specify action that may be taken to satisfy
30 an OHS inspector that adequate action has been taken to
remove the threat to health and safety.
(6) The operator's representative at the facility must--
(a) give a copy of the notice to each health and safety
representative (if any) for any designated work group
35 having group members performing work that is
affected by the notice; and
(b) cause a copy of the notice to be displayed at a
prominent place at or near each workplace at which
that work is performed.
79
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 14
Act No.
(7) If the notice relates to any workplace, plant, substance or
thing that is owned by a person other than the operator, the
OHS inspector must, upon issuing the notice, give a copy of
Victorian Legislation and Parliamentary Documents
the notice to that person.
5 60. Compliance with prohibition notice
(1) An operator must ensure that a prohibition notice issued to
the operator is complied with.
Penalty: $27 500, in the case of a natural person;
$137 500, in the case of a body corporate.
10 (2) If an OHS inspector is satisfied that action taken by the
operator to remove the threat to health and safety in respect
of which the notice was issued is not adequate, the OHS
inspector must inform the operator accordingly.
(3) A prohibition notice ceases to have effect when an OHS
15 inspector notifies the operator that the OHS inspector is
satisfied that the operator has taken adequate action to
remove the threat to health or safety.
(4) In making a decision under sub-clause (2), an OHS
inspector may exercise any of the powers of an OHS
20 inspector conducting an inspection that the OHS inspector
considers necessary for the purposes of making the decision.
61. Power to issue improvement notices
(1) If, in conducting an inspection, an OHS inspector believes
on reasonable grounds that a person--
25 (a) is contravening a provision of a listed OHS law; or
(b) has contravened a provision of a listed OHS law and
is likely to contravene that provision again--
the OHS inspector may issue an improvement notice, in
writing, to the person (the "responsible person").
30 (2) If the responsible person is the operator, the improvement
notice may be issued to the operator by giving it to the
operator's representative at the facility.
(3) If the responsible person is an employer (other than the
operator) of members of the workforce, but it is not
35 practicable to give the notice to that employer--
(a) the improvement notice may be issued to the
employer by giving it to the operator's representative
at the facility; and
80
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 14
Act No.
(b) if the notice is so issued--the operator must ensure
that a copy of the notice is given to the employer as
soon as practicable afterwards.
Victorian Legislation and Parliamentary Documents
(4) The notice--
5 (a) must specify the contravention that the OHS inspector
believes is occurring or is likely to occur, and set out
the reasons for that belief; and
(b) must specify a reasonable period within which the
responsible person is to take the action necessary to
10 prevent any further contravention or to prevent the
likely contravention, as the case may be; and
(c) may specify action that the responsible person is to
take during the period specified in the notice.
(5) If the OHS inspector believes on reasonable grounds that it
15 is appropriate to do so, the OHS inspector may, in writing
and before the end of the period, extend the period specified
in the notice.
(6) If an improvement notice is issued to an employer (other
than the operator) of members of the workforce in
20 circumstances other than the circumstance referred to in sub-
clause (3), the employer must immediately ensure that a
copy of the notice is given to the operator's representative at
the facility.
(7) If a notice is issued to the operator or to an employer (other
25 than the operator) of members of the workforce, the
operator's representative at the facility must--
(a) give a copy of the notice to each health and safety
representative for a designated work group having
group members performing work that is affected by
30 the notice; and
(b) cause a copy of the notice to be displayed in a
prominent place at or near each workplace at which
the work is being performed.
(8) On issuing a notice, the OHS inspector must give a copy of
35 the notice to--
(a) if the notice is--
(i) given to a member of the workforce who is an
employee; and
81
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 14
Act No.
(ii) in connection with work performed by the
employee--
Victorian Legislation and Parliamentary Documents
the employer of that employee; and
(b) if the notice relates to any workplace, plant, substance
5 or thing that is owned by a person other than--
(i) a responsible person; or
(ii) a person who is an employer referred to in
paragraph (a)--
that owner; and
10 (c) if the notice is issued to a person who owns any
workplace, plant, substance or thing, because of
which a contravention of a listed OHS law has
occurred or is likely to occur--
(i) the operator of the facility; and
15 (ii) if the employer of employees who work in that
workplace or who use that plant, substance or
thing is a person other than the operator--that
employer.
62. Compliance with improvement notice
20 A person to whom an improvement notice is issued must
comply with it to the extent that the notice relates to any
matter over which the person has control.
Penalty: $11 000, in the case of a natural person;
$55 000, in the case of a body corporate.
25 63. Notices not to be tampered with or removed
(1) A person must not, without reasonable excuse, tamper with
any notice that has been displayed under clause 57(3), 58(5),
59(6) or 61(7) while that notice is so displayed.
Penalty: $11 000, in the case of a natural person;
30 $55 000, in the case of a body corporate.
(2) If a notice has been displayed under clause 57(3), a person
must not, without reasonable excuse, remove the notice until
the plant or thing to which the notice relates is returned to
the workplace from which it was removed.
35 Penalty: $11 000, in the case of a natural person;
$55 000, in the case of a body corporate.
82
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 14
Act No.
(3) If a notice has been displayed under clause 58(5), 59(6) or
61(7), a person must not, without reasonable excuse, remove
the notice before it has ceased to have effect.
Victorian Legislation and Parliamentary Documents
Penalty: $11 000, in the case of a natural person;
5 $55 000, in the case of a body corporate.
Division 4--Reports on Inspections
64. Reports on inspections
(1) If an OHS inspector has conducted an inspection, the OHS
inspector must, as soon as practicable, prepare a written
10 report relating to the inspection and give the report to the
Safety Authority.
(2) The report must include--
(a) the OHS inspector's conclusions from conducting the
inspection and the reasons for those conclusions; and
15 (b) any recommendations that the OHS inspector wishes
to make arising from the inspection; and
(c) any other prescribed matters.
(3) As soon as practicable after receiving the report, the Safety
Authority must give a copy of the report, together with any
20 written comments that it wishes to make--
(a) to the operator of the facility to which the report
relates; and
(b) if the report relates to activities performed by an
employee of another person--that other person; and
25 (c) if the report relates to any plant, substance or thing
owned by another person--that other person.
(4) The Safety Authority may, in writing, request the operator
or any other person to whom the report is given to provide
to the Safety Authority, within a reasonable period specified
30 in the request, details of--
(a) any action proposed to be taken as a result of the
conclusions or recommendations contained in the
report; and
83
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 14
Act No.
(b) if a notice has been issued under clause 59 or 61 in
relation to work being performed for the operator or
that other person--any action taken, or proposed to be
Victorian Legislation and Parliamentary Documents
taken, in respect of that notice--
5 and the operator or that other person must comply with the
request.
(5) As soon as practicable after receiving a report, the operator
of a facility must give a copy of the report, together with any
written comment made by the Safety Authority on the
10 report--
(a) if there is a least one health and safety committee in
respect of some or all of the members of the
workforce--to each such committee; and
(b) if there is no such committee in respect of some or all
15 of the members of the workforce, but some or all of
those members (in respect of which there is no such
committee) are in at least one designated work group
for which there is a health and safety representative--
to each such health and safety representative.
20 Division 5--Appeals
65. Appeals
(1) If an OHS inspector, in conducting an inspection or having
conducted an inspection--
(a) decides, under clause 38, to confirm or vary a
25 provisional improvement notice; or
(b) decides, under clause 57, to take possession of plant, a
substance or a thing at a workplace; or
(c) decides, under clause 58, to direct that a workplace, a
part of a workplace, plant, a substance or a thing not
30 be disturbed; or
(d) decides, under clause 59, to issue a prohibition notice;
or
(e) decides, under clause 60, that the operator of a facility
to whom a prohibition notice has been issued has not
35 taken adequate action to remove the threat to health
and safety that caused the notice to be issued; or
84
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 14
Act No.
(f) decides, under clause 61, to issue an improvement
notice--
Victorian Legislation and Parliamentary Documents
a person referred to in sub-clause (2) may appeal to the
reviewing authority against the decision, by giving notice in
5 writing to the reviewing authority.
(2) The following persons may appeal, as applicable--
(a) the operator of the facility or any employer (other
than the operator) who is affected by the decision; or
(b) a person to whom a notice has been issued under
10 clause 37(2) or 61(1); or
(c) the health and safety representative for a designated
work group having a group member affected by the
decision; or
(d) a workforce representative in relation to the
15 designated work group that includes a group member
who is affected by the decision and who has requested
the workforce representative to make the appeal; or
(e) if there is no such designated work group, and a
member of the workforce affected by the decision has
20 requested a workforce representative in relation to the
member to make the appeal--that workforce
representative; or
(f) a person who owns any workplace, plant, substance or
thing to which the decision referred to in sub-clause
25 (1) (a), (b), (c) or (f) relates.
(3) If an OHS inspector, having conducted an inspection--
(a) decides under clause 38 to cancel a provisional
improvement notice; or
(b) decides under clause 60 that the operator of a facility
30 to whom a prohibition notice has been issued has
taken adequate action to remove the threat to health
and safety that caused the notice to be issued--
an appeal against a decision may be made, by notice in
writing, to the reviewing authority by--
35 (c) the health and safety representative for a designated
work group having a group member affected by the
decision; or
85
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 14
Act No.
(d) a workforce representative in relation to the
designated work group that includes a group member
who is affected by the decision and who has requested
Victorian Legislation and Parliamentary Documents
the workforce representative to make the appeal; or
5 (e) if there is no such designated work group, and a
member of the workforce affected by the decision has
requested a workforce representative in relation to the
member to make the appeal--that workforce
representative.
10 (4) Subject to this clause, giving notice of an appeal does not
affect the operation of the decision appealed against or
prevent the taking of action to implement that decision,
except to the extent that the reviewing authority makes an
order to the contrary.
15 (5) If the decision appealed against is a decision under clause 61
to issue an improvement notice, the operation of the
decision is suspended pending determination of the appeal,
except to the extent that the reviewing authority makes an
order to the contrary.
20 (6) If the decision appealed against is a decision of an OHS
inspector under clause 38 to confirm or vary a provisional
improvement notice whose operation has been suspended
pending the inspection of the matter to which the notice
relates, the operation of the notice is further suspended
25 pending determination of the appeal, except to the extent
that the reviewing authority makes an order to the contrary.
66. Powers of reviewing authority on appeal
(1) On an appeal, the reviewing authority may--
(a) affirm or revoke the decision appealed against; and
30 (b) if it revokes the decision--substitute any other
decision of the kind appealed against that it thinks
appropriate.
(2) If the decision is--
(a) varied; or
35 (b) revoked; or
(c) revoked with the substitution of another decision--
the decision is taken to have effect, and always to have had
effect, accordingly.
86
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 14
Act No.
(3) If--
(a) the decision appealed against is a decision under
Victorian Legislation and Parliamentary Documents
clause 57 to take possession of plant, a substance or a
thing at a workplace; and
5 (b) the decision is not affirmed--
the OHS inspector who made the decision must ensure that,
to the extent that the decision is not affirmed, the plant,
substance or thing is returned to the workplace as soon as
practicable.
10 PART 5--GENERAL
67. Notifying and reporting accidents and dangerous occurrences
(1) If, at or near a facility, there is--
(a) an accident that causes the death of, or serious
personal injury to, any person; or
15 (b) an accident that causes a member of the workforce to
be incapacitated from performing work for a period
prescribed for the purposes of this paragraph; or
(c) a dangerous occurrence--
the operator must, in accordance with the regulations, give
20 the Safety Authority notice of, and a report about, the
accident or dangerous occurrence.
(2) Regulations made for the purposes of sub-clause (1) (other
than regulations made for the purpose of sub-clause (1)(b))
may prescribe--
25 (a) the time within which, and the manner in which,
notice of an accident or dangerous occurrence is to be
given, and the form of the notice; and
(b) the time within which, and the manner in which, a
report of an accident or dangerous occurrence is to be
30 given, and the form of the report.
(3) Sub-clause (2) does not limit regulations that may be made
for the purposes of sub-clause (1).
87
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 14
Act No.
68. Records of accidents and dangerous occurrences to be kept
(1) The operator of a facility must maintain, in accordance with
Victorian Legislation and Parliamentary Documents
the regulations, a record of each accident or dangerous
occurrence in respect of which the operator is required by
5 clause 67 to notify the Safety Authority.
(2) Regulations made for the purposes of sub-clause (1) may
prescribe--
(a) the nature of the contents of a record maintained
under this clause; and
10 (b) the period for which the record must be retained.
(3) Sub-clause (2) does not limit regulations that may be made
for the purposes of sub-clause (1).
69. Codes of practice
(1) The regulations may prescribe codes of practice for the
15 purpose of providing practical guidance to operators of
facilities and employers (other than operators) of members
of the workforce at facilities.
(2) A person is not liable to any civil or criminal proceedings
for contravening a code of practice.
20 70. Use of codes of practice in proceedings
(1) This clause applies if, in any proceedings for an offence
against a listed OHS law, it is alleged that a person
contravened a provision of a listed OHS law in relation to
which a code of practice was in effect at the time of the
25 alleged contravention.
(2) The code of practice is admissible in evidence in those
proceedings.
(3) If the court is satisfied, in relation to any matter which it is
necessary for the prosecution to prove in order to establish
30 the alleged contravention, that--
(a) any provision of the code of practice is relevant to that
matter; and
(b) the person failed at any material time to comply with
that provision of the code of practice--
35 that matter is treated as proved unless the court is satisfied
that in respect of that matter the person complied with that
provision of a listed OHS law otherwise than by complying
with the code of practice.
88
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 14
Act No.
71. Interference etc. with equipment etc.
A person must not, without reasonable excuse, do anything
Victorian Legislation and Parliamentary Documents
that results in the interference with, or the rendering
ineffective of, any protective equipment or safety device
5 provided for the occupational health and safety or welfare of
members of the workforce at a facility if the person knew
(or ought reasonably to have known) that the equipment or
device was protective equipment or a safety device.
Penalty: $3300 or imprisonment for 6 months or both, in
10 the case of a natural person;
$16 500, in the case of a body corporate.
72. Members of workforce not to be levied
The operator of a facility or an employer (other than the
operator) of members of the workforce at a facility must not
15 levy, or permit to be levied, on a member of the workforce
any charge in respect of anything done or provided in
accordance with a listed OHS law in order to ensure the
occupational health and safety or welfare of persons at or
near the facility.
20 Penalty: $27 500, in the case of a natural person;
$137 500, in the case of a body corporate.
73. Victimisation
(1) An employer (whether the operator or another person) must
not--
25 (a) dismiss an employee; or
(b) perform an act that results in injury to an employee in
his or her employment; or
(c) perform an act that prejudicially alters the employee's
position (whether by deducting or withholding
30 remuneration or by any other means); or
(d) threaten to do any of those things--
because the employee--
(e) has complained or proposes to complain about a
matter concerning the health, safety or welfare of
35 employees at work; or
(f) has assisted or proposes to assist, by giving
information or otherwise, the conduct of an
inspection; or
89
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 14
Act No.
(g) has ceased, or proposes to cease, to perform work, in
accordance with a direction by a health and safety
representative under clause 43(1)(b) or (3)(c), and the
Victorian Legislation and Parliamentary Documents
cessation or proposed cessation does not continue
5 after--
(i) the health and safety representative has agreed
with a person supervising the work that the
cessation or proposed cessation was not, or is
no longer, necessary; or
10 (ii) an OHS inspector has, under clause 43(5),
made a decision that has the effect that the
employee should perform the work.
Penalty: $27 500, in the case of a natural person;
$137 500, in the case of a body corporate.
15 (2) In proceedings for an offence against sub-clause (1), if all
the relevant facts and circumstances, other than the reason
for an action alleged in the charge, are proved, the defendant
has the onus of establishing that the action was not taken for
that reason.
20 74. Institution of prosecutions
(1) Proceedings for an offence against a listed OHS law may be
instituted by the Safety Authority or by an OHS inspector.
(2) A health and safety representative for a designated work
group may request the Safety Authority to institute
25 proceedings for an offence against a listed OHS law in
relation to the occurrence of an act or omission if--
(a) a period of 6 months has elapsed since the act or
omission occurred; and
(b) the health and safety representative considers that the
30 occurrence of the act or omission constitutes an
offence against a listed OHS law; and
(c) proceedings in respect of the offence have not been
instituted.
(3) A workforce representative in relation to a designated work
35 group may request the Safety Authority to institute
proceedings for an offence against a listed OHS law in
relation to the occurrence of an act or omission if--
(a) a period of 6 months has elapsed since the act or
omission occurred; and
90
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 14
Act No.
(b) the workforce representative considers that the
occurrence of the act or omission constitutes an
offence against a listed OHS law; and
Victorian Legislation and Parliamentary Documents
(c) proceedings in respect of the offence have not been
5 instituted; and
(d) a group member included in the group requests the
workforce representative to request the Safety
Authority to institute the proceedings.
(4) A request under sub-clause (2) or (3) must be in writing.
10 (5) The Safety Authority must, within 3 months after receiving
the request, advise the health and safety representative or the
workforce representative, as the case may be, whether
proceedings under sub-clause (1) have been or will be
instituted, and, if not, give reasons why not.
15 75. Role of Commonwealth DPP
The Commonwealth Director of Public Prosecutions has the
same functions and powers in respect of an offence against a
listed OHS law as he or she would have if that offence were
an offence against a law of the Commonwealth, including
20 the power to institute and carry on an appeal arising out of a
prosecution for that offence.
76. Conduct of directors, employees and agents
(1) This clause has effect for the purposes of a proceeding for
an offence against a listed OHS law.
25 (2) If it is necessary to establish the state of mind of a body
corporate in relation to particular conduct, it is sufficient to
show--
(a) that the conduct was engaged in by a director,
employee or agent of the body corporate within the
30 scope of actual or apparent authority; and
(b) that the director, employee or agent had the state of
mind.
(3) Any conduct engaged in on behalf of a body corporate by a
director, employee or agent of the body corporate within the
35 scope of actual or apparent authority is taken to have been
engaged in also by the body corporate unless it establishes
that it took reasonable precautions and exercised due
diligence to avoid the conduct.
91
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 14
Act No.
(4) If it is necessary to establish the state of mind of a natural
person in relation to particular conduct, it is sufficient to
show--
Victorian Legislation and Parliamentary Documents
(a) that the conduct was engaged in by an employee or
5 agent of the natural person within the scope of actual
or apparent authority; and
(b) that the employee or agent had the state of mind.
(5) Any conduct engaged in on behalf of a natural person by an
employee or agent of the natural person within the scope of
10 actual or apparent authority is taken to have been engaged in
also by the natural person unless the natural person
establishes that he or she took reasonable precautions and
exercised due diligence to avoid the conduct.
(6) If--
15 (a) a natural person is found guilty of an offence; and
(b) he or she would not have been found guilty of the
offence if sub-clauses (4) and (5) had not been
enacted--
he or she is not liable to be punished by imprisonment for
20 that offence.
(7) A reference in sub-clause (2) or (4) to the state of mind of a
person includes a reference to--
(a) the person's knowledge, intention, opinion, belief or
purpose; and
25 (b) the person's reasons for the intention, opinion, belief
or purpose.
77. Act not to give rise to other liabilities etc.
This Schedule does not--
(a) confer a right of action in any civil proceeding in
30 respect of any contravention of a provision of a listed
OHS law; or
(b) confer a defence to an action in any civil proceeding
or otherwise affect a right of action in any civil
proceeding.
92
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 14
Act No.
78. Circumstances preventing compliance may be defence to
prosecution
Victorian Legislation and Parliamentary Documents
It is a defence to a prosecution for refusing or failing to do
anything required by a listed OHS law if the defendant
5 proves that it was not practicable to do it because of an
emergency prevailing at the relevant time.
79. Regulations--general
(1) The regulations may prescribe--
(a) procedures for the selection of persons, under
10 clause 40, as members of health and safety
committees, to represent the interests of members of
the workforce at a facility; and
(b) procedures to be followed at meetings of health and
safety committees; and
15 (c) the manner in which notices are to be served under
this Schedule or the regulations; and
(d) forms for the purposes of this Schedule or the
regulations.
(2) If the Minister is satisfied that--
20 (a) a power, function or duty is conferred or imposed on a
person under a law of this State or the
Commonwealth; and
(b) the proper exercise of the power or performance of
the function or duty is or would be prevented by this
25 Schedule or a provision of this Schedule--
regulations made for the purposes of this sub-clause may
declare that this Schedule, or the provision, as the case may
be, does not apply to that person, or does not apply to that
person in the circumstances specified in the regulations.
30 (3) Regulations made for the purposes of sub-clause (2) do not
remain in force for longer than 5 years after they commence,
but this sub-clause does not prevent the making of further
regulations of the same substance.
(4) In sub-clause (2)--
35 "this Schedule" includes regulations made for the purposes
of this Schedule.'.
93
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
s. 15
Act No.
15. Miscellaneous minor amendments
In the Principal Act--
Victorian Legislation and Parliamentary Documents
(a) in section 38E(1)(a), for "section 38H(3)(b)"
substitute "section 38H(3)";
5 (b) in section 59(11)(b) omit "within the
meaning of the Commonwealth Act";
(c) in section 64(2)(b), after "licence area"
insert "of a production licence";
(d) in section 65(5), for "licence area under the
10 Commonwealth Act" substitute "licence
area of a production licence under the
Commonwealth Act".
94
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
Petroleum (Submerged Lands) (Amendment) Act 2004
Endnotes
Act No.
ENDNOTES
Victorian Legislation and Parliamentary Documents
By Authority. Government Printer for the State of Victoria.
95
551138B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
[Index] [Search] [Download] [Related Items] [Help]