Western Australian Consolidated Acts Western Australian Consolidated Acts1 This is a compilation of the
Occupational Safety and Health Act 1984 and includes the amendments made
by the other written laws referred to in the following
table 1a, 17. The table also contains information about
any reprint.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
Occupational Health, Safety and Welfare
Act 1984 5 |
101 of 1984 |
19 Dec 1984 |
s. 1 and 2: 19 Dec 1984; |
|
Occupational Health, Safety and Welfare Amendment
Act 1987 |
43 of 1987 |
6 Jul 1987 |
s. 1 and 2: 6 Jul 1987; |
|
Occupational Health, Safety and Welfare Amendment Act
(No. 2) 1987 |
55 of 1987 |
3 Nov 1987 |
3 Nov 1987 (see s. 2) |
|
Reprint of the Occupational Health, Safety and Welfare
Act 1984 as at 23 Jan 1989 (includes amendments listed
above) |
|||
|
Occupational Health, Safety and Welfare Amendment
Act 1990 |
84 of 1990 |
17 Dec 1990 |
14 Jan 1991 |
|
Acts Amendment (Public Sector Management)
Act 1994 s. 19 |
32 of 1994 |
29 Jun 1994 |
1 Oct 1994 (see s. 2 and Gazette
30 Sep 1994 p. 4948) |
|
62 of 1994 |
7 Nov 1994 |
9 Dec 1995 (see s. 2 and Gazette
8 Dec 1995 p. 5935) |
|
|
Occupational Safety and Health Legislation Amendment
Act 1995 Pt. 2 6 |
30 of 1995 |
11 Sep 1995 |
1 Oct 1995 (see s. 2 and Gazette
15 Sep 1995 p. 4301) |
|
Reprint of the Occupational Safety and Health
Act 1984 as at 16 Nov 1995 (includes amendments listed
above) |
|||
|
Sentencing (Consequential Provisions) Act 1995
Pt. 55 |
78 of 1995 |
16 Jan 1996 |
4 Nov 1996 (see s. 2 and Gazette
25 Oct 1996 p. 5632) |
|
Industrial Relations Legislation Amendment and Repeal
Act 1995 s. 67(5) |
79 of 1995 |
16 Jan 1996 |
16 Jan 1996 (see s. 3(1)) |
|
Reprint of the Occupational Safety and Health
Act 1984 as at 15 May 1996 (includes amendments listed
above except those in the Sentencing (Consequential Provisions)
Act 1995) |
|||
|
Statutes (Repeals and Minor Amendments) Act (No. 2)
1998 s. 56 |
10 of 1998 |
30 Apr 1998 |
30 Apr 1998
(see s. 2(1)) |
|
Occupational Safety and Health (Validation)
Act 1998 7, 8 |
63 of 1998 |
12 Jan 1999 |
12 Jan 1999 (see s. 2) |
|
Reprint of the Occupational Safety and Health
Act 1984 as at 22 Mar 1999 (includes amendments listed
above) |
|||
|
Occupational Safety and Health Amendment
Act 2002 9 |
54 of 2002 |
3 Jan 2003 |
s. 1, 2 and 8: 3 Jan 2003 (see
s. 2(2)); |
|
Statutes (Repeals and Minor Amendments) Act 2003
s. 87 10 |
74 of 2003 |
15 Dec 2003 |
15 Dec 2003 (see s. 2) |
|
Occupational Safety and Health Legislation Amendment and
Repeal Act 2004 Pt. 1-6 (other than s. 65, 66 and 68),
Pt. 7 and s. 104-114 11, 12, 13 |
51 of 2004 |
12 Nov 2004 |
s. 1 and 2:
12 Nov 2004; |
|
Courts Legislation Amendment and Repeal Act 2004
s. 141 |
59 of 2004 |
23 Nov 2004 |
1 May 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7128) |
|
Mines Safety and Inspection Amendment Act 2004
s. 94 |
68 of 2004 |
8 Dec 2004 |
4 Apr 2005 (see s. 2(1) and Gazette
11 Feb 2005 p. 695) |
|
Criminal Procedure and Appeals (Consequential and Other
Provisions) Act 2004 s. 78 and 80 |
84 of 2004 |
16 Dec 2004 |
2 May 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7129 (correction in Gazette
7 Jan 2005 p. 53)) |
|
Reprint 5: The Occupational Safety and Health
Act 1984 as at 24 Jun 2005 (includes amendments listed
above) |
|||
|
Planning and Development (Consequential and Transitional
Provisions) Act 2005 s. 15 |
38 of 2005 |
12 Dec 2005 |
9 Apr 2006 (see s. 2 and Gazette
21 Mar 2006 p. 1078) |
|
Petroleum Amendment Act 2007
s. 101 16 |
35 of 2007 |
21 Dec 2007 |
19 Jan 2008 (see s. 2(b) and Gazette
18 Jan 2008 p. 147) |
|
Police Amendment Act 2008 s. 15 and
s. 23(5) |
8 of 2008 |
31 Mar 2008 |
s. 15: 1 Apr 2008 (see
s. 2(1)); |
|
Training Legislation Amendment and Repeal
Act 2008 s. 57 |
44 of 2998 |
10 Dec 2008 |
10 Jun 2009 (see s. 2(2)) |
|
Reprint 6: The Occupational Safety and Health
Act 1984 as at 19 Dec 2008 (includes amendments listed
above except those in the Training Legislation Amendment and
Repeal Act 2008) |
|||
|
Acts Amendment (Bankruptcy) Act 2009 s.
60 |
18 of 2009 |
16 Sep 2009 |
17 Sep 2009 (see s. 2(b)) |
1a On the date as at which this
compilation was prepared, provisions referred to in the following table had not
come into operation and were therefore not included in this compilation. For
the text of the provisions see the endnotes referred to in the table.
Provisions
that have not come into operation
|
Short title |
Number and year |
Assent |
Commencement |
|
Occupational Safety and Health Legislation Amendment and
Repeal Act 2004 s. 65, 66 and
68 14 |
51 of 2004 |
12 Nov 2004 |
To be proclaimed (see s. 2) |
|
Petroleum Legislation Amendment and Repeal
Act 2005 s. 50 15 |
13 of 2005 |
1 Sep 2005 |
To be proclaimed (see s. 2) |
2 Now see the Workplace Relations Act 1996 of the
Commonwealth.
3 Formerly referred to the Petroleum Act 1967, the
short title of which was changed to the Petroleum and Geothermal Energy
Resources Act 1967 by the Petroleum Amendment Act 2007 s. 5.
The reference was changed under the Reprints Act 1984 s.
7(3)(gb).
4 Under the Public Sector Management Act 1994
s. 112(2), a reference in a written law to the Public Service Commissioner
is, unless the contrary intention appears or it is otherwise provided under the
Acts Amendment (Public Sector Management) Act 1994, to be construed
as if it had been amended to be a reference to the Minister for Public Sector
Management (as defined in the Interpretation Act 1984). This
reference was amended under the Reprints Act 1984
s. 7(5)(a).
5 Now known as the Occupational Safety and Health
Act 1984; short title changed (see note under s. 1).
6 The Occupational Safety and Health Legislation Amendment
Act 1995 s. 49 and 50 are transitional provisions that are of no
further effect.
7 The Occupational Safety and Health (Validation)
Act 1998 s. 4 reads as
follows:
“
4. Validation
(1) In this section —
Commissioner means —
(a) the Commissioner for Occupational Health, Safety and Welfare within
the meaning of the Occupational Health, Safety and Welfare Act 1984
as in force before 1 October 1995; or
(b) the WorkSafe Western Australia Commissioner within the meaning of the
Occupational Safety and Health Act 1984 as in force on and from
1 October 1995.
(2) No act, matter or thing done before 8 October 1996 —
(a) by or in respect of William Neil Bartholomaeus; or
(b) under the direction, authority or control or purported direction,
authority or control of, or pursuant to a delegation or purported delegation
made by, William Neil Bartholomaeus,
in his capacity or purported capacity as Commissioner is, or ever has
been, invalid by reason that there was a defect in his appointment as
Commissioner, or that he had not been appointed at all.
(3) Each act, matter or thing referred to in subsection (2) is, and
always has been, as valid, and effective and authorised by the principal Act as
it would have been if William Neil Bartholomaeus had been duly appointed as
Commissioner at the time the act, matter or thing was done, the direction,
authority or control exercised or the delegation made.
”.
8 The Occupational Safety and Health (Validation)
Act 1998 s. 5(2) reads as follows:
“
(2) Section 52(3) of the Occupational Safety and Health
Act 1984, as inserted by subsection (1), applies in respect of an
offence committed against that Act before the commencement of
subsection (1) despite the fact that the time for commencing proceedings
for that offence expired before the commencement of
subsection (1).
”.
9 The Occupational Safety and Health Amendment
Act 2002 s. 8 reads as follows:
“
8. Election of safety and health
representatives by police officers before the commencement of this
Act
(1) In this section —
commencement day means the day on which this Act comes into
operation;
police officer has the same meaning as it has in
section 3(1) of the Occupational Safety and Health Act 1984 on
and after the commencement day;
transition period means the period of 9 months
ending immediately before the commencement day.
(2) The provisions listed in the Table to this subsection are to be
treated as being in operation during the transition period for the purposes of
allowing police officers to elect safety and health representatives for a
workplace and for the training of those representatives during that
period.
Table
|
1. This Act |
|
|
s. 4 |
|
|
s. 5 |
|
|
s. 3(1) |
s. 32(2)(b) and (c) |
|
s. 29 |
s. 35(1)(e) |
|
s. 30 |
s. 35(3)(b) |
|
s. 31 |
s. 56(1) |
|
s. 32(1) |
|
|
r. 2.2 |
|
(3) The term of a safety and health representative elected before the
commencement day begins, for the purpose of section 32(1) of the
Occupational Safety and Health Act 1984, on the commencement
day.
(4) Despite subsection (3), regulation 2.2(3) of the
Occupational Safety and Health Regulations 1996 applies to a safety
and health representative elected before the commencement day in relation to the
first 12 months of being so elected.
”.
10 The Statutes (Repeals and Minor
Amendments) Act 2003 s. 87(6) reads as follows:
“
(6) The amendment made by subsection (5) to the name of the
Commission referred to in that subsection does not affect the appointment of a
member of that Commission who holds office immediately before the commencement
of this section.
”.
11 The Occupational Safety and Health Legislation Amendment
and Repeal Act 2004 s. 44 reads as follows:
“
44. Saving provision for existing safety and health
representatives
The amendments made by section 43 do not affect the continuation in
office of any safety and health representative who held office under Part IV of
the Occupational Safety and Health Act 1984 immediately before the
commencement of that section.
”.
12 The Occupational Safety and Health Legislation Amendment
and Repeal Act 2004 s. 51 reads as follows:
“
51. Savings and transitional provisions for existing safety and health
committees
(1) The repeal of section 37 of the Occupational Safety and Health
Act 1984 (the OSH Act) by section 50 does not affect
the status of a safety and health committee that is in existence under the OSH
Act immediately before that repeal.
(2) Any such committee is to be taken, after the commencement of
section 50, to have been established under section 38 or 39B of the
OSH Act inserted by section 50, as the case may be.
(3) If before the commencement of section 50 —
(a) a request was made in respect of a workplace under section 36(1)
of the OSH Act repealed by section 50; but
(b) a safety and health committee had not been established for the
workplace under section 37 of the OSH Act so repealed,
the duty of the employer under section 37 of the OSH Act to
establish a safety and health committee for the workplace lapses on that
commencement.
”.
13 The Occupational Safety and Health Legislation Amendment
and Repeal Act 2004 Pt. 6 Div. 3 reads as
follows:
“
Division 3 — Transitional
provisions
71. Existing referrals to safety and health magistrate
(1) A matter referred to a safety and health magistrate under the
Occupational Safety and Health Act 1984 and not finally determined
before the commencement of section 65 —
(a) may continue to be dealt with; and
(b) any order made in such a proceeding may be appealed against or
enforced,
as if that section and section 68 had not been enacted.
(2) A determination or decision of a safety and health magistrate made
before the commencement of section 65 may be the subject of —
(a) an application for leave to appeal under section 54B(2) of the
Occupational Safety and Health Act 1984 repealed by section 68;
and
(b) an appeal for which leave is granted under section 54B(2),
as if section 68 had not been enacted.
72. Appeal proceedings in progress
(1) An application for leave to appeal made under section 54B(2) of
the Occupational Safety and Health Act 1984 but not finally
determined before the commencement of section 68, and an appeal for which
leave is granted on such an application, may be dealt with and determined as if
that section had not been enacted.
(2) An appeal brought under section 54B(2) of the Occupational
Safety and Health Act 1984 but not finally determined before the
commencement of section 68, may be dealt with and determined as if that
section had not been enacted.
”.
14 On the date as at which this compilation was prepared, the
Occupational Safety and Health Legislation Amendment and Repeal
Act 2004 s. 65, 66 and 68 had not come into
operation. They read as follows:
“
65. Section 51C amended
(1) Section 51C(1) is amended by deleting paragraph (a) and
“and” after that paragraph.
(2) Section 51C(2), (3) and (4) are repealed.
66. Section 51D repealed
Section 51D is repealed.
68. Section 54B amended
Section 54B(2), (3) and (4) are repealed.
”.
15 On the date as at which this compilation was prepared, the
Petroleum Legislation Amendment and Repeal Act 2005
s. 50 had not come into operation. It reads as
follows:
“
50. Occupational
Safety and Health Act 1984 amended
(1) The amendments in this section are to the Occupational Safety and
Health Act 1984.
(2) Section 4(2) is repealed and the following section is inserted
instead —
“
(2) Subject to this section and except as may be otherwise expressly
provided by Parliament, this Act does not apply to or in relation to a
workplace —
(a) that is, or at which work is carried out on, a mine to which the
Mining Act 1978, or the Mines Safety and Inspection
Act 1994, applies;
(b) at which a petroleum operation, as defined in section 5(1) of the
Petroleum Act 1967, is carried on;
(c) at which a pipeline operation, as defined in section 4(1) of the
Petroleum Pipelines Act 1969, is carried on; or
(d) at which an offshore petroleum operation, as defined in section 4
of the Petroleum (Submerged Lands) Act 1982, is carried
on.
”.
”.
16 On the date as at which this compilation was prepared, the
Petroleum Amendment Act 2007 s. 101 was
proclaimed but cannot take effect until the Petroleum Legislation Amendment
and Repeal Act 2005 s. 50 comes into operation. It reads as
follows:
“
101. Occupational
Safety and Health Act 1984 amended
(1) The amendments in this section are to the Occupational Safety and
Health Act 1984 as amended by the Petroleum Legislation Amendment
and Repeal Act 2005.
(2) Section 4(2)(b) is amended as follows:
(a) after “petroleum operation” by inserting —
“ or geothermal energy operation ”;
(b) by deleting “Petroleum Act 1967,” and
inserting instead —
“
Petroleum and Geothermal Energy Resources Act 1967,
”.
”.
17 A reference to the Petroleum Safety Act 1999 is
not included in the table because that Act was repealed before the amendments in
Sch. 2 to that Act came into operation. The repeal was made by the Petroleum
Legislation Amendment and Repeal Act 2005 s. 51.
Defined
Terms
[This is a list of terms defined and
the provisions where they are defined. The list is not part of the
law.]
Defined Term Provision(s)
a
workplace 33(4), 35(1a)
activity 49(7)(b)
additional
employees 30C(1)
affected person 51AH(1)
agent 23F(1)
allowed
period 36(1)
appointed member 3(1)
apprentice 3(1)
Australian
Standard 3(1)
Australian/New Zealand Standard 3(1)
authorised
person 57A(1)
business 23C
business of a self-employed
person 23I(1)
business of an employer 23I(1)
chairperson 3(1)
Chief
Commissioner 51F
chief executive 55E(1)
client 23F(2)
code of
practice 3(1)
Commission 3(1), 51F
Commissioner 3(1)
Commissioner of
Police 3(1)
committee 14A(1)
conduct 57A(1)
consult 51AD(1)
consultation
party 36(1)
consulting parties 30A(1)
contractor 23D(1), 30B(1),
35B(1)
convicted 55H
court 55H
covert operation 4A(1)
dangerous
operation 4A(1)
department 3(1)
disentitled
employee 28A(1)
election 31(1)
employee 3(1), 41A, 47A,
57A(1)
employees 19(1)
employer 3(1), 41A,
47A
entitlements 35(3a)
hazard 3(1)
import 3(1)
improvement
notice 3(1)
inspector 3(1)
matter 51F
mining
industry 14A(1)
Minister for
Mines 14A(1)(b)
Ministers 14A(1)
offender 55I(1)(a)
person mentioned in
subsection (1)(a) 23E(1)(a)
plant 3(1)
practicable 3(1)
prescribed
law 3(1)
prescribed requirements 36(1)
principal 23D(1), 30B(1),
35B(1)
prohibition notice 3(1)
prosecution
proceedings 55E(1)
provisional improvement notice 3(1)
public
authority 23C
qualified representative 51AB
relevant 45(1)
relevant
day 3B(1)
relevant employee 31(1), 34(5)
relevant offence 55H
relevant
parties 39F(1)
residential premises 23G(1)
responsible
agency 55D(1)(a)
responsible person 23L(2)(d)
review
notice 51AH(2)
risk 3(1)
safety and health committee 3(1)
safety and
health magistrate 3(1)
safety and health representative 3(1)
safety and
health representative for a workplace 36(2)
safety and health representative
for the workplace 36(2)
scheme 30B(2)
self-employed
person 3(1)
specified 55N(1)
successor in law 55F(1),
55G(1)
supply 3(1)
that workplace 33(4)
the relevant
procedure 24(2)
the workplace 33(4), 35(1a)
trade union 3(1)
transferred law 3(1)
Tribunal 3(1), 51G(2)
visitor 57A(2)(a)
WA
Police 3(1)
worker 23E(1)9a), 23F(1)
workplace 3(1), 23L(1), 39C(1),
40(1), 43(1a), 49(7)(a)(i)