Victorian Consolidated Legislation

Occupational Health and Safety Act 2004 - SECT 5

Definitions

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; Authority means the Victorian
WorkCover Authority established by section 18 of the
Accident Compensation Act 1985; 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; contribution means a contribution the
amount of which is determined in accordance with section 151A(2);





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; exit date has the same meaning as
it has in section 164 of the Accident Compensation Act 1985;

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; 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;

non-WorkCover employer has the same meaning as it has in section 164 of the
Accident Compensation Act 1985;

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; rateable
        remuneration has the same meaning as it has in section 3(1) of the
        Accident Compensation (WorkCover Insurance) Act 1993;

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; self-insurer has the same
meaning as it has in section 5(1) of the Accident Compensation Act 1985;

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-

   (a)  a member of the police force or member of the Retired Police Reserve
        of Victoria is to be taken to be employed by the Crown under a
        contract of service; and

   (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 members in respect of the performance of
        the duties and exercise of the powers as such a member (whether
        arising at common law, under statute, by the instructions of superiors
        or otherwise).