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OCCUPATIONAL HEALTH AND SAFETY ACT 2004

Table of Provisions

PART 1--PRELIMINARY

  • 1 Purposes  
  • 2 Objects  
  • 3 Commencement  
  • 4 The principles of health and safety protection  
  • 5 Definitions  
  • 5A Extended definition of employer and employee—labour hire  
  • 6 Act binds the Crown  

PART 2--THE AUTHORITY

Division 1--General functions and powers

Division 2--Power to obtain information

  • 9 Power to obtain information  
  • 10 Restrictions on disclosure of information  
  • 11 Circumstances in which information may be disclosed  

Division 3--Power to make guidelines

  • 12 Power to make guidelines  
  • 13 How guidelines are made  
  • 14 Withdrawal of guidelines  
  • 15 Guidelines do not affect rights and duties etc.  

Division 4--Power to accept undertakings relating to contraventions

  • 16 Authority may accept undertakings  
  • 17 Enforcement of undertakings  

Division 5--Power to give advice on compliance

  • 18 Power to give advice on compliance  

Division 6--Occupational Health and Safety Advisory Committee

PART 3--GENERAL DUTIES RELATING TO HEALTH AND SAFETY

Division 1--The concept of ensuring health and safety

  • 20 The concept of ensuring health and safety  

Division 2--Main duties of employers

Division 3--Duties of self-employed persons

Division 4--Duties of employees

Division 5--Duties of other persons

Division 6--Other matters

  • 33 Single charge for multiple contraventions of certain duties  
  • 34 Civil liability not affected by this Part  

PART 4--DUTY OF EMPLOYERS TO CONSULT

PART 5--DUTIES RELATING TO INCIDENTS

  • 37 Incidents to which this Part applies  
  • 38 Duty to notify of incidents  
  • 39 Duty to preserve incident sites  

PART 5A--WORKPLACE MANSLAUGHTER

Division 1--Preliminary

  • 39A Objects of Part 5A  
  • 39B Definitions  
  • 39C What does conduct mean?  
  • 39D When may conduct constitute a breach of an applicable duty?  
  • 39E When is conduct negligent?  
  • 39F When does a person owe an applicable duty to another person?  

Division 2--Offences

PART 6--LICENCES, REGISTRATION, PERMITS AND OTHER REQUIREMENTS

  • 40 Requirements for licence or registration  
  • 41 Requirements for prescribed qualifications or experience  
  • 42 Requirements for permit or certificate of competency  

PART 7--REPRESENTATION OF EMPLOYEES

Division 1--Grouping of employees

Division 2--Grouping of employees of multiple employers

Division 3--Prohibition on coercion relating to designated work groups

  • 53 Prohibition on coercion  

Division 4--Health and safety representatives

Division 5--Powers of health and safety representatives

  • 58 Powers of health and safety representatives  
  • 59 Powers generally limited to the particular designated work group  
  • 60 Provisional improvement notices  
  • 61 Provisional improvement notices may include directions  
  • 62 Offence to contravene a provisional improvement notice  
  • 63 Attendance of inspector at workplace after issue of provisional improvement notice  
  • 64 Issue etc. of provisional improvement notice or inspector's notice  
  • 65 Formal irregularities or defects in provisional improvement notices  
  • 66 Proceedings for offences not affected by notices  

Division 6--Obligations of employers to health and safety representatives

Division 7--Health and safety committees

Division 8--Resolution of health and safety issues

Division 9--Discrimination against employees or prospective employees

  • 76 Prohibition on discrimination  
  • 77 Accused bears onus of proof  
  • 78 Order for damages or reinstatement  
  • 78A Prohibition of discriminatory conduct  
  • 78B Prohibited reasons  
  • 78C Prohibition of authorising or assisting discriminatory conduct  
  • 78D Civil action for discriminatory conduct  
  • 78E Procedure for actions for discriminatory conduct  

PART 8--AUTHORISED REPRESENTATIVES OF REGISTERED EMPLOYEE ORGANISATIONS

Division 1--Definitions

  • 79 Definitions relating to registered employee organisations  

Division 2--Entry permits

Division 3--Entry by authorised representatives

Division 4--Offences relating to authorised representatives

PART 9--INSPECTORS AND ENFORCEMENT

Division 1--Appointment of inspectors

Division 2--Performance of functions or exercise of powers

Division 3--Powers relating to entry

  • 98 Power to enter  
  • 99 General powers on entry  
  • 100 Power to require production of documents and answers to questions  
  • 101 Power to take samples  

Division 4--Procedure relating to entry

  • 102 Announcement on entry  
  • 103 Report to be given about entry  

Division 5--Search warrants

  • 104 Issue of search warrants  
  • 105 Announcement before entry on warrant  
  • 106 Copy of warrant to be given to occupier  

Division 6--Limitation on entry powers

  • 107 Places used for residential purposes  

Division 7--Return and forfeiture of seized things

  • 108 Return of seized things  
  • 109 Forfeiture of seized things  

Division 8--Powers to issue notices

  • 110 Power to issue non-disturbance notice  
  • 111 Power to issue improvement notice  
  • 112 Power to issue prohibition notice  
  • 113 Directions or conditions in notices  
  • 114 Variation or cancellation of notices  
  • 115 Issue of notices  
  • 116 Formal irregularities or defects in notices  
  • 117 Proceedings for offences not affected by notices  
  • 118 Injunctions for non-compliance with notices  

Division 9--Other powers

  • 119 Power to require name and address  
  • 120 Power to give directions  

Division 10--Other matters

Division 11--Offences

  • 125 Offences in relation to inspections  
  • 126 Offence to impersonate inspector  

PART 9A--WORKPLACE INCIDENTS CONSULTATIVE COMMITTEE

  • 126A Establishment of Workplace Incidents Consultative Committee  
  • 126B Annual report  

PART 10--REVIEW OF DECISIONS

  • 127 Which decisions are reviewable  
  • 128 Internal review  
  • 128A Requests for further information  
  • 129 Review by the Tribunal  

PART 11--LEGAL PROCEEDINGS

Division 1--General matters

  • 130 Proceedings may be brought by the Authority or inspectors  
  • 131 Procedure if prosecution is not brought  
  • 132 Limitation period for prosecutions  
  • 133 Judicial notice of Minister's signature etc.  
  • 134 Evidence of certain matters  

Division 2--Sentencing for offences

  • 135 Adverse publicity orders  
  • 136 Orders to undertake improvement projects  
  • 137 Release on the giving of a health and safety undertaking  
  • 138 Variation or contravention of orders under section 137  

Division 3--Infringement notices

  • 139 Infringement notices  

Division 4--Offences by bodies corporate

  • 143 Imputing conduct to bodies corporate  
  • 144 Liability of officers of bodies corporate  

Division 5--Offences by partnerships and unincorporated bodies or associations

  • 145 Liability of officers of partnerships and unincorporated bodies or associations  

Division 6--Proceedings against the Crown

  • 146 Responsible agency for the Crown  
  • 147 Infringement and other notices may be issued to the Crown  
  • 148 Proceedings against successors to public bodies  

PART 11A--INSURANCE AND INDEMNITY FOR PECUNIARY PENALTIES PROHIBITED

  • 148A Certain insurance and indemnity arrangements void  
  • 148B Prohibition on insurance and indemnity for pecuniary penalties  

PART 12--COMPLIANCE CODES

  • 149 Compliance codes  
  • 150 Effect of compliance codes  
  • 151 Disallowance of certain compliance code orders  

PART 13--OTHER MATTERS

PART 14--REPEAL OF OLD ACT AND TRANSITIONAL PROVISIONS

Division 1--Repeal of Occupational Health and Safety Act 1985

  • 159 Repeal  

Division 2--Transitional provisions

Division 1--of Part 11 applies to proceedings for an offence against the old Act that are commenced on or after the commencement of this Part.

  • 172 Continuation of certain regulations  
  • 173 Occupational Health and Safety (Asbestos) Regulations 2003  
  • 174 Occupational Health and Safety (Major Hazard Facilities) Regulations 2000  
  • 175 Offences against certain regulations  
  • 176 Regulations dealing with transitional matters  
  • 177 Proceedings for contravention of section 78A or 78C  

PART 15--TRANSITIONAL PROVISIONS

Division 1--WorkSafe Legislation Amendment Act 2017

Division 2--Workplace Safety Legislation Amendment (Workplace Manslaughter and Other Matters) Act 2019

Division 3--Crimes Amendment (Manslaughter and Related Offences) Act 2020

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