Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this Act unless
the contrary intention appears —
appointed member means a member of the Commission
referred to in section 6(2)(a) or (d);
apprentice means a person who is an apprentice
under a training contract registered under the
Vocational Education and Training Act 1996 Part 7 Division 2;
Australian Standard means a document having that
title published by Standards Australia International Limited
(ACN 087 326 690);
Australian/New Zealand Standard means a document
having that title published jointly by —
(a)
Standards Australia International Limited (ACN 087 326 690);
and
(b) the
Standards Council of New Zealand;
chairperson means the chairperson of the
Commission;
code of practice means a code of practice approved
by the Minister under Part VIII;
Commission means the Commission for Occupational
Safety and Health established under this Act;
Commissioner means the person holding office as
WorkSafe Western Australia Commissioner under section 9;
Commissioner of Police means the person holding
the office of Commissioner of Police under the Police Act 1892 ;
department means the department of the Public
Service of the State principally assisting the Minister in the administration
of this Act;
employee means —
(a) a
person by whom work is done under a contract of employment; or
(b) an
apprentice;
employer means —
(a) a
person that employs an employee under a contract of employment; and
(b) in
relation to an apprentice, a person who employs the apprentice under a
training contract registered under the Vocational Education and
Training Act 1996 Part 7 Division 2;
hazard , in relation to a person, means anything
that may result in —
(a)
injury to the person; or
(b) harm
to the health of the person;
import means to bring into the State, whether from
outside Australia or otherwise;
improvement notice means an improvement notice
issued under Part VI;
inspector means an inspector appointed under
section 42, and subject to section 42B(3), includes a restricted
inspector appointed under section 42A;
plant includes any machinery, equipment,
appliance, implement, or tool and any component or fitting thereof or
accessory thereto;
practicable means reasonably practicable having
regard, where the context permits, to —
(a) the
severity of any potential injury or harm to health that may be involved, and
the degree of risk of it occurring;
(b) the
state of knowledge about —
(i)
the injury or harm to health referred to in
paragraph (a);
(ii)
the risk of that injury or harm to health occurring; and
(iii)
means of removing or mitigating the risk or mitigating
the potential injury or harm to health;
and
(c) the
availability, suitability, and cost of the means referred to in
paragraph (b)(iii);
prescribed law means a law prescribed for the
purposes of section 14(1)(b);
prohibition notice means a prohibition notice
issued under Part VI;
provisional improvement notice means a provisional
improvement notice issued under Part VI Division 2;
risk , in relation to any injury or harm, means
the probability of that injury or harm occurring;
safety and health committee means a safety and
health committee established under Part IV Division 2;
safety and health magistrate means a person
holding office as a safety and health magistrate under section 51B;
safety and health representative means a safety
and health representative elected under Part IV Division 1;
self-employed person means an individual who works
for gain or reward otherwise than —
(a)
under a contract of employment; or
(b) as
an apprentice,
whether or not the individual is an employer;
supply , in relation to any plant or substance,
includes supply and re-supply by way of —
(a) sale
(including by auction), exchange, lease, hire, or hire-purchase, whether as
principal or agent;
(b) the
disposal in a manner referred to in paragraph (a) of assets of a business
that include any plant or substance; and
(c) the
disposal of all of the shares in a company that owns any plant or substance;
trade union means —
(a) an
organisation registered under section 53 of the Industrial Relations
Act 1979 ; or
(b) an
organisation registered under the Industrial Relations Act 1988 2
of the Parliament of the Commonwealth and having employees as its members, or
a branch of any such organisation;
transferred law means a law or a provision of a
law transferred to the administration of the Minister pursuant to an order
under this Act;
Tribunal has the meaning given to that term in
section 51G(2);
WA Police means the Police Force of Western
Australia provided for by the Police Act 1892 ;
workplace means a place, whether or not in an
aircraft, ship, vehicle, building, or other structure, where employees or
self-employed persons work or are likely to be in the course of their work.
(2) Anything that,
under this Act, is required to be served on, or otherwise done in relation to,
an employer in relation to a workplace or a matter related to a workplace, is
deemed to have been so served or done if it is served on, or done in relation
to, a person at the workplace who has or reasonably appears to have
responsibility for the management or control of the workplace.
(3) For the purposes
of sections 18A, 19A(2), 20A(2), 21A(2), 21C(2), 22A(2), 23AA(2), 23B(2)
and 23H(2), a contravention causes serious harm to a person if it causes any
bodily injury to the person, or causes the person to have a disease, of such a
nature as to —
(a)
endanger, or be likely to endanger, the person’s life; or
(b)
result, or be likely to result, in permanent injury or harm to the
person’s health.
(4) For the purposes
of this Act, a police officer is to be treated as an employee of the Crown.
(5) Without limiting
any other provision of this Act, a police officer is at work during any period
of time when the officer is performing a function of a police officer, whether
or not the officer is rostered on duty and, in relation to a police officer,
the expressions “work” and “at work” are to be
construed accordingly.
[Section 3 amended by No. 43 of 1987
s. 5; No. 30 of 1995 s. 6; No. 79 of 1995 s. 67(5);
No. 54 of 2002 s. 4; No. 74 of 2003 s. 87(3); No. 51 of 2004
s. 14, 38, 63, 73 and 104; No. 8 of 2008 s. 15 and 23(5);
No. 44 of 2008 s. 57.]