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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Occupational Safety and Health Legislation
Amendment Bill 2009
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Occupational Safety and
Health Act 1984 amended
3. Act amended 3
4. Section 3 amended 3
5. Section 23D amended 3
6. Section 23E amended 3
7. Section 23F amended 4
8. Section 33 amended 4
9. Section 35 amended 4
10. Section 43 amended 4
11. Section 51A amended 5
12. Section 51G amended 5
13. Section 51H amended 5
14. Section 60 amended 5
15. Section 61A inserted 6
61A. Review of Commissioner's decisions
under the regulations 6
16. Schedule heading replaced 7
Schedule 1 -- Subject matter for regulations
027--1 page i
Occupational Safety and Health Legislation Amendment Bill 2009
Contents
Part 3 -- Industrial Relations
Act 1979 amended
17. Act amended 8
18. Section 8 amended 8
19. Section 16 amended 8
page ii
Western Australia
LEGISLATIVE COUNCIL
Occupational Safety and Health Legislation
Amendment Bill 2009
A Bill for
An Act to amend the Occupational Safety and Health Act 1984 and to
make related amendments to the Industrial Relations Act 1979.
The Parliament of Western Australia enacts as follows:
page 1
Occupational Safety and Health Legislation Amendment Bill 2009
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Occupational Safety and Health Legislation
4 Amendment Act 2009.
5 2. Commencement
6 This Act comes into operation as follows --
7 (a) sections 1 and 2 -- on the day on which this Act
8 receives the Royal Assent (assent day);
9 (b) sections 11, 12 and 15 -- on a day fixed by
10 proclamation;
11 (c) section 13 and Part 3 -- on the 28th day after assent day;
12 (d) the rest of the Act -- on the day after assent day.
page 2
Occupational Safety and Health Legislation Amendment Bill 2009
Occupational Safety and Health Act 1984 amended Part 2
s. 3
1 Part 2 -- Occupational Safety and Health
2 Act 1984 amended
3 3. Act amended
4 This Part amends the Occupational Safety and Health Act 1984.
5 4. Section 3 amended
6 In section 3(4) delete "Crown." and insert:
7
8 Crown and the Crown is to be treated as the employer
9 of a police officer.
10
11 5. Section 23D amended
12 (1) In section 23D(2) delete "section 19 has" and insert:
13
14 sections 19 and 19A have
15
16 (2) In section 23D(3) delete "apply --" and insert:
17
18 apply and sections 20A, 23H and 23J have effect --
19
20 6. Section 23E amended
21 (1) In section 23E(2) delete "section 19 has" and insert:
22
23 sections 19 and 19A have
24
page 3
Occupational Safety and Health Legislation Amendment Bill 2009
Part 2 Occupational Safety and Health Act 1984 amended
s. 7
1 (2) In section 23E(3) delete "apply" and insert:
2
3 apply, and sections 20A and 23J have effect,
4
5 7. Section 23F amended
6 (1) In section 23F(4) delete "section 19 has" and insert:
7
8 sections 19 and 19A have
9
10 (2) In section 23F(5) delete "apply" and insert:
11
12 apply, and sections 20A and 23J have effect,
13
14 8. Section 33 amended
15 In section 33(2) delete "Part" and insert:
16
17 Act
18
19 9. Section 35 amended
20 In section 35(1)(g) delete "Part." and insert:
21
22 Act.
23
24 10. Section 43 amended
25 In section 43(1)(k)(i)(II) delete "39G(2)," and insert:
26
27 23G(2),
28
page 4
Occupational Safety and Health Legislation Amendment Bill 2009
Occupational Safety and Health Act 1984 amended Part 2
s. 11
1 11. Section 51A amended
2 In section 51A(2) delete "in the prescribed form".
3 12. Section 51G amended
4 In section 51G(1) delete "(3) and 51A(1)." and insert:
5
6 (3), 51A(1) and 61A.
7
8 13. Section 51H amended
9 (1) Delete section 51H(1)(a) and "or" after it and insert:
10
11 (a) by the commissioner designated under the
12 Industrial Relations Act 1979 section 16(2A) to
13 exercise the jurisdiction; or
14
15 (2) After section 51H(3) insert:
16
17 (4) A person who is a commissioner may, even though the
18 person's designation has ceased to have effect under
19 the Industrial Relations Act 1979 section 16(2B),
20 continue and complete the hearing and determination
21 of part-heard proceedings after another commissioner
22 has been designated under section 16(2A) of that Act.
23
24 14. Section 60 amended
25 In section 60(5) delete "the Schedule." and insert:
26
27 Schedule 1.
28
page 5
Occupational Safety and Health Legislation Amendment Bill 2009
Part 2 Occupational Safety and Health Act 1984 amended
s. 15
1 15. Section 61A inserted
2 After section 60 insert:
3
4 61A. Review of Commissioner's decisions under the
5 regulations
6 (1) In this section --
7 reviewable decision means --
8 (a) a decision made under the regulations by the
9 Commissioner himself or herself; and
10 (b) a determination of the Commissioner on the
11 review, under the regulations, of a decision
12 made under the regulations by a person other
13 than the Commissioner, whether or not the
14 decision was made by that person as a delegate
15 of the Commissioner,
16 but does not include a decision made by a person
17 acting as a delegate of the Commissioner.
18 (2) A person who is not satisfied with a reviewable
19 decision may, within 14 days of receiving notice of the
20 decision, refer the decision to the Tribunal for review.
21 (3) On reference of a decision under subsection (2), the
22 Tribunal is to inquire into the circumstances relevant to
23 the decision and may --
24 (a) affirm the decision; or
25 (b) set aside the decision; or
26 (c) substitute for the decision any decision that the
27 Tribunal considers the Commissioner should
28 have made in the first instance.
page 6
Occupational Safety and Health Legislation Amendment Bill 2009
Occupational Safety and Health Act 1984 amended Part 2
s. 16
1 (4) Pending the decision on a reference under this section,
2 the operation of the reviewable decision is to continue,
3 subject to any decision to the contrary made by the
4 Tribunal.
5
6 16. Schedule heading replaced
7 Delete:
8
9 Schedule
10 Subject matter for regulations
11
12 and insert:
13
14 Schedule 1 -- Subject matter for regulations
15 [s. 60(5)]
16
page 7
Occupational Safety and Health Legislation Amendment Bill 2009
Part 3 Industrial Relations Act 1979 amended
s. 17
1 Part 3 -- Industrial Relations Act 1979 amended
2 17. Act amended
3 This Part amends the Industrial Relations Act 1979.
4 18. Section 8 amended
5 Delete section 8(2a) and insert:
6
7 (3A) At least one commissioner who holds office under
8 subsection (2)(d) must, in addition to the other
9 attributes required for appointment, have --
10 (a) knowledge of or experience in the field of
11 occupational safety and health; and
12 (b) knowledge of the Occupational Safety and
13 Health Act 1984, the Mines Safety and
14 Inspection Act 1994, the Petroleum and
15 Geothermal Energy Resources Act 1967, the
16 Petroleum Pipelines Act 1969 or the Petroleum
17 (Submerged Lands) Act 1982,
18 sufficient for exercising the jurisdiction that the
19 commissioner designated under section 16(2A) is
20 required to exercise.
21
22 19. Section 16 amended
23 After section 16(1a) insert:
24
25 (2A) The Chief Commissioner must, in writing, designate
26 one commissioner, who holds office under
27 section 8(2)(d) and who satisfies the additional
28 requirements referred to in section 8(3A), to exercise
29 the jurisdiction conferred by the Occupational Safety
30 and Health Act 1984 section 51G.
page 8
Occupational Safety and Health Legislation Amendment Bill 2009
Industrial Relations Act 1979 amended Part 3
s. 19
1 (2B) Without affecting the Chief Commissioner's duty
2 under subsection (2A) to ensure that, at any one time,
3 one commissioner is designated, the Chief
4 Commissioner --
5 (a) may at or after the time when a commissioner is
6 designated under subsection (2A), in writing,
7 specify a date when the designation ceases to
8 have effect; and
9 (b) may, in writing, vary any date so specified.
10 (2C) The designation of a commissioner under
11 subsection (2A) to exercise the jurisdiction conferred
12 by the Occupational Safety and Health Act 1984
13 section 51G does not preclude the commissioner from
14 also performing other functions as a commissioner
15 under this Act.
16 (2D) The commissioner who, immediately before
17 commencement, was the commissioner whose
18 appointment satisfied the requirements of section 8(2a)
19 (as it was before the commencement) is, on and from
20 commencement, to be taken to be designated under
21 subsection (2A) to exercise the jurisdiction conferred
22 by the Occupational Safety and Health Act 1984
23 section 51G.
24 (2E) In subsection (2D) --
25 commencement means the commencement of the
26 Occupational Safety and Health Legislation
27 Amendment Act 2009 section 19.
28
29
page 9
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