Victorian Current Acts

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OCCUPATIONAL HEALTH AND SAFETY ACT 2004 - SECT 5

Definitions

    (1)     In this Act—

"authorised representative" of a registered employee organisation means a person who holds an entry permit issued under Part 8;

S. 5(1) def. of Authority amended by No. 67/2013 s. 649(Sch. 9 item 25(1)(a)).

"Authority" means the Victorian WorkCover Authority under the Workplace Injury Rehabilitation and Compensation Act 2013 ;

"commission" in relation to plant includes performing necessary adjustments, tests and inspections before the plant starts or re-starts operations;

compliance code means a compliance code approved by the Minister under Part 12;

S. 5(1) def. of contribution inserted by No. 28/2005 s. 28.

"contribution" means a contribution the amount of which is determined in accordance with section 151A(2);

S. 5(1) def of correspond-ing Authority amended by No. 66/2008 s. 32(1).

"corresponding Authority" means a Government department or a statutory authority of the Commonwealth Government, or of the Government of another State or of a Territory, that is responsible for administering a law corresponding to this Act, the Dangerous Goods Act 1985 or the Equipment (Public Safety) Act 1994 ;

"designated work group" means a group of employees established under Division 1 or 2 of Part 7;

"disclose" in relation to information includes divulge or communicate to any person or publish;

eligible person in relation to a reviewable decision has the meaning given by section 127;

"employee" means a person employed under a contract of employment or contract of training (see also subsection (2));

"employer" means a person who employs one or more other persons under contracts of employment or contracts of training;

"entry permit" means an entry permit issued under Part 8;

S. 5(1) def. of exit date inserted by No. 28/2005 s. 28, amended by No. 67/2013 s. 649(Sch. 9 item 25(1)(b)).

"exit date" has the same meaning as it has in section 413 of the Workplace Injury Rehabilitation and Compensation Act 2013 ;

"health" includes psychological health;

"health and safety committee", other than in section 72, means a health and safety committee whether or not required by this Act to be established;

"health and safety representative" means a health and safety representative for a designated work group who has been elected and holds office in accordance with Part 7;

"inspector" means an inspector appointed under Part 9;

S. 5(1) def. of interest at the prescribed rate inserted by No. 28/2005 s. 28.

"interest at the prescribed rate" means interest at the rate fixed for the time being under section 2 of the Penalty Interest Rates Act 1983 ;

S. 5(1) def. of non-WorkCover employer inserted by No. 28/2005 s. 28, amended by No. 67/2013 s. 649(Sch. 9 item 25(1)(c)).

"non-WorkCover employer" has the same meaning as it has in section 413 of the Workplace Injury Rehabilitation and Compensation Act 2013 ;

"Occupational Health and Safety Advisory Committee" means the Committee established under Division 6 of Part 2;

officer of a body corporate, unincorporated body or association or partnership has the meaning (other than in Part 8) given by section 9 of the Corporations Act;

"person" includes a body corporate, unincorporated body or association and a partnership;

"place" includes a car, truck, ship, boat, airplane and any other vehicle;

"plant" includes—

        (a)     any machinery, equipment, appliance, implement and tool; and

        (b)     any component of any of those things; and

        (c)     anything fitted, connected or related to any of those things;

S. 5(1) def. of rateable remuneration inserted by No. 28/2005 s. 28, amended by No. 67/2013 s. 649(Sch. 9 item 25(1)(d)).

"rateable remuneration" has the same meaning as it has in section 3 of the Workplace Injury Rehabilitation and Compensation Act 2013 ;

registered employee organisation has the meaning given by section 79;

reviewable decision has the meaning given by section 127;

"self-employed person" means a person, other than an employer, who works for gain or reward otherwise than under a contract of employment or training;

S. 5(1) def. of self-insurer inserted by No. 28/2005 s. 28, amended by No. 67/2013 s. 649(Sch. 9 item 25(1)(e)).

"self-insurer" has the same meaning as it has in section 3 of the Workplace Injury Rehabilitation and Compensation Act 2013 ;

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

"supply" includes supply and resupply by way of sale, exchange, lease, hire or hire-purchase, whether as principal or agent;

Tribunal means the Victorian Civil and Administrative Tribunal established by the Victorian Civil and Administrative Tribunal Act 1998 ;

"volunteer" means a person who is acting on a voluntary basis (irrespective of whether the person receives out-of-pocket expenses);

"workplace" means a place, whether or not in a building or structure, where employees or self‑employed persons work.

    (2)     For the purposes of this Act and the regulations—

S. 5(2)(a) substituted by No. 37/2014 s. 10(Sch. item 117(a)).

        (a)     the following persons are taken to be employed by the Crown under a contract of service—

              (i)     a police officer within the meaning of the Victoria Police Act 2013 ;

              (ii)     a police reservist within the meaning of the Victoria Police Act 2013 ;

              (iii)     a protective services officer within the meaning of the Victoria Police Act 2013 ; and

S. 5(2)(b) amended by No. 37/2014 s. 10(Sch. item 117(b)).

        (b)     despite any contrary rule of law, the contract of service and the relationship of employer and employee is to be taken to exist between the Crown and each of those persons in respect of the performance of the duties and exercise of the powers as such a person (whether arising at common law, under statute, by the instructions of superiors or otherwise).



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