Victorian Consolidated Legislation

Occupational Health and Safety Act 2004 - SECT 7

Functions of the Authority

7. Functions of the Authority



(1) The Authority has the following functions-

   (a)  to enquire into and report to the Minister on any matters referred to
        the Authority by the Minister (within the time specified by the
        Minister);

   (b)  to make recommendations to the Minister with respect to-

   (i)  the operation and administration of this Act and the regulations; and

   (ii) regulations or compliance codes that the Minister or the Authority
        proposes should be made or approved under this Act; and

   (iii) the establishment of public inquiries (if appropriate) into any
        matter relating to occupational health, safety and welfare;

   (c)  to monitor and enforce compliance with this Act and the regulations;

   (d)  to administer, examine, review and make recommendations concerning
        existing or proposed registration or licensing schemes relating to
        occupational health, safety and welfare;

   (e)  to co-operate with, and give advice and information to the following
        persons in relation to occupational health, safety and welfare-

   (i)  corresponding Authorities;

   (ii) registered employee organisations (within the meaning of Part 8) and
        other organisations representing employers or employees;

   (iii) other interested persons;

   (f)  to disseminate information about the duties, obligations and rights of
        persons under this Act or the regulations and to formulate standards,
        specifications or other forms of guidance for the purpose of assisting
        persons to comply with their duties and obligations;

   (g)  to promote education and training by-

   (i)  devising, in co-operation with educational and other bodies, courses
        in occupational health, safety and welfare; and

   (ii) approving courses in occupational health, safety and welfare (whether
        or not devised in co-operation with another body); and

   (iii) facilitating access to those courses; and

   (iv) initiating or promoting events such as conferences and forums, and the
        publication of information, relating to occupational health, safety
        and welfare;

   (h)  to foster a co-operative, consultative relationship between employers
        and their employees in relation to the health, safety and welfare of
        those employees;

        (i)    to engage in, promote and co-ordinate the sharing of
               information to achieve the objects of this Act;

   (j)  to promote public awareness and discussion of occupational health,
        safety and welfare issues and an understanding and acceptance of the
        principles of health and safety protection set out in section 4;

   (k)  to develop and implement programs to provide incentives for employers-

   (i)  to implement measures to eliminate or reduce risks to health or
        safety; and

   (ii) to otherwise improve occupational health, safety and welfare;

   (l)  to monitor the operation of measures taken and arrangements put in
        place to ensure occupational health, safety and welfare;

   (m)  to initiate and encourage research to identify efficient and effective
        strategies for improving occupational health, safety and welfare;

   (n)  to collect and publish statistics relating to occupational health,
        safety and welfare.

Note The Accident Compensation Act 1985 also confers functions on the
Authority relating to occupational health, safety and welfare.

(2) The Authority also has such other functions as are conferred on it by or
under this Act.

(3) Before the Authority makes a recommendation to the Minister under
subsection (1)(b)(ii) concerning a proposed compliance code, it must issue the
proposed compliance code for public review and comment.

(4) However, the Authority need not comply with subsection (3) if the Minister
considers that it is in the public interest that the proposed compliance code
be made as soon as practicable.

(5) The Authority must ensure, as far as possible, that information it gives
is in a form and in such languages as is appropriate for the persons to whom
it is directed.