WORK HEALTH AND SAFETY ACT 2011 (NO. 137, 2011)
Table of Provisions
PART 1--PRELIMINARY
Division 1--Introduction
Division 2--Object
- 3 Object
Division 3--Interpretation
Subdivision 1--Definitions- 4 Definitions Subdivision 2--Other important terms
- 5 Meaning of person conducting a business or undertaking
- 6 Meaning of supply
- 7 Meaning of worker
- 8 Meaning of workplace
- 9 Examples and notes
Division 4--Application of Act
- 10 Act binds the Commonwealth
- 11 Extraterritorial application
- 12 Scope
- 12A Act does not apply to certain vessels, structures and facilities
- 12B Duty to consult etc. where law of more than one jurisdiction applies to the same matter
- 12C Act not to prejudice national security
- 12D Act not to prejudice Australia's defence
- 12E Act not to prejudice certain police operations
- 12F Interaction with Commonwealth criminal law
PART 2--HEALTH AND SAFETY DUTIES
Division 1--Introductory
Subdivision 1--Principles that apply to duties- 13 Principles that apply to duties
- 14 Duties not transferrable
- 15 Person may have more than 1 duty
- 16 More than 1 person can have a duty
- 17 Management of risks Subdivision 2--What is reasonably practicable
- 18 What is reasonably practicable in ensuring health and safety
Division 2--Primary duty of care
- 19 Primary duty of care
Division 3--Further duties of persons conducting businesses or undertakings
- 20 Duty of persons conducting businesses or undertakings involving management or control of workplaces
- 21 Duty of persons conducting businesses or undertakings involving management or control of fixtures, fittings or plant at workplaces
- 22 Duties of persons conducting businesses or undertakings that design plant, substances or structures
- 23 Duties of persons conducting businesses or undertakings that manufacture plant, substances or structures
- 24 Duties of persons conducting businesses or undertakings that import plant, substances or structures
- 25 Duties of persons conducting businesses or undertakings that supply plant, substances or structures
- 26 Duty of persons conducting businesses or undertakings that install, construct or commission plant or structures
Division 4--Duty of officers, workers and other persons
Division 5--Offences and penalties
- 30 Health and safety duty
- 31 Reckless conduct--Category 1
- 32 Failure to comply with health and safety duty--Category 2
- 33 Failure to comply with health and safety duty--Category 3
- 34 Exceptions
PART 3--INCIDENT NOTIFICATION
- 35 What is a notifiable incident
- 36 What is a serious injury or illness
- 37 What is a dangerous incident
- 38 Duty to notify of notifiable incidents
- 39 Duty to preserve incident sites
PART 4--AUTHORISATIONS
- 40 Meaning of authorised
- 41 Requirements for authorisation of workplaces
- 42 Requirements for authorisation of plant or substance
- 43 Requirements for authorisation of work
- 44 Requirements for prescribed qualifications or experience
- 45 Requirement to comply with conditions of authorisation
PART 5--CONSULTATION, REPRESENTATION AND PARTICIPATION
Division 1--Consultation, co-operation and co-ordination between duty holders
- 46 Duty to consult with other duty holders
Division 2--Consultation with workers
Division 3--Health and safety representatives
Subdivision 1--Request for election of health and safety representatives- 50 Request for election of health and safety representative Subdivision 2--Determination of work groups
- 51 Determination of work groups
- 52 Negotiations for agreement for work group
- 53 Notice to workers
- 54 Failure of negotiations Subdivision 3--Multiple-business work groups
- 55 Determination of work groups of multiple businesses
- 56 Negotiation of agreement for work groups of multiple businesses
- 57 Notice to workers
- 58 Withdrawal from negotiations or agreement involving multiple businesses
- 59 Effect of Subdivision on other arrangements Subdivision 4--Election of health and safety representatives
- 60 Eligibility to be elected
- 61 Procedure for election of health and safety representatives
- 62 Eligibility to vote
- 63 When election not required
- 64 Term of office of health and safety representative
- 65 Disqualification of health and safety representatives
- 66 Immunity of health and safety representatives
- 67 Deputy health and safety representatives Subdivision 5--Powers and functions of health and safety representatives
- 68 Powers and functions of health and safety representatives
- 69 Powers and functions generally limited to the particular work group Subdivision 6--Obligations of person conducting business or undertaking to health and safety representatives
- 70 General obligations of person conducting business or undertaking
- 71 Exceptions from obligations under section 70(1)
- 72 Obligation to train health and safety representatives
- 73 Obligation to share costs if multiple businesses or undertakings
- 74 List of health and safety representatives
Division 4--Health and safety committees
- 75 Health and safety committees
- 76 Constitution of committee
- 77 Functions of committee
- 78 Meetings of committee
- 79 Duties of person conducting business or undertaking
Division 5--Issue resolution
- 80 Parties to an issue
- 81 Resolution of health and safety issues
- 82 Referral of issue to regulator for resolution by inspector
Division 6--Right to cease or direct cessation of unsafe work
- 83 Definition of cease work under this Division
- 84 Right of worker to cease unsafe work
- 85 Health and safety representative may direct that unsafe work cease
- 86 Worker to notify if ceases work
- 87 Alternative work
- 88 Continuity of engagement of worker
- 89 Request to regulator to appoint inspector to assist
Division 7--Provisional improvement notices
- 90 Provisional improvement notices
- 91 Provisional improvement notice to be in writing
- 92 Contents of provisional improvement notice
- 93 Provisional improvement notice may give directions to remedy contravention
- 94 Minor changes to provisional improvement notice
- 95 Issue of provisional improvement notice
- 96 Health and safety representative may cancel notice
- 97 Display of provisional improvement notice
- 98 Formal irregularities or defects in notice
- 99 Offence to contravene a provisional improvement notice
- 100 Request for review of provisional improvement notice
- 101 Regulator to appoint inspector to review notice
- 102 Decision of inspector on review of provisional improvement notice
Division 8--Part not to apply to prisoners
- 103 Part does not apply to prisoners
PART 6--DISCRIMINATORY, COERCIVE AND MISLEADING CONDUCT
Division 1--Prohibition of discriminatory, coercive or misleading conduct
- 104 Prohibition of discriminatory conduct
- 105 What is discriminatory conduct
- 106 What is a prohibited reason
- 107 Prohibition of requesting, instructing, inducing, encouraging, authorising or assisting discriminatory conduct
- 108 Prohibition of coercion or inducement
- 109 Misrepresentation
Division 2--Criminal proceedings in relation to discriminatory conduct
- 110 Proof of discriminatory conduct
- 111 Order for compensation or reinstatement
Division 3--Civil proceedings in relation to discriminatory or coercive conduct
- 112 Civil proceedings in relation to engaging in or inducing discriminatory or coercive conduct
- 113 Procedure for civil actions for discriminatory conduct
Division 4--General
PART 7--WORKPLACE ENTRY BY WHS ENTRY PERMIT HOLDERS
Division 1--Introductory
- 116 Definitions
Division 2--Entry to inquire into suspected contraventions
- 117 Entry to inquire into suspected contraventions
- 118 Rights that may be exercised while at workplace
- 119 Notice of entry
- 120 Entry to inspect employee records or information held by another person
Division 3--Entry to consult and advise workers
Division 4--Requirements for WHS entry permit holders
- 123 Contravening WHS entry permit conditions
- 124 WHS entry permit holder must also hold permit under other law
- 125 WHS entry permit to be available for inspection
- 126 When right may be exercised
- 127 Where the right may be exercised
- 128 Work health and safety requirements
- 129 Residential premises
- 130 WHS entry permit holder not required to disclose names of workers
Division 5--WHS entry permits
- 131 Application for WHS entry permit
- 132 Consideration of application
- 133 Eligibility criteria
- 134 Issue of WHS entry permit
- 135 Conditions on WHS entry permit
- 136 Term of WHS entry permit
- 137 Expiry of WHS entry permit
- 138 Application to revoke WHS entry permit
- 139 Authorising authority must permit WHS entry permit holder to show cause
- 140 Determination of application
Division 6--Dealing with disputes
- 141 Application for assistance of inspector to resolve dispute
- 142 Authorising authority may deal with a dispute about a right of entry under this Act
- 143 Contravening order made to deal with dispute
Division 7--Prohibitions
- 144 Person must not refuse or delay entry of WHS entry permit holder
- 145 Person must not hinder or obstruct WHS entry permit holder
- 146 WHS entry permit holder must not delay, hinder or obstruct any person or disrupt work at workplace
- 147 Misrepresentations about things authorised by this Part
- 148 Unauthorised use or disclosure of information or documents
Division 8--General
- 149 Return of WHS entry permits
- 150 Union to provide information to authorising authority
- 151 Register of WHS entry permit holders
PART 8--THE REGULATOR
Division 1--Functions of regulator
Division 2--Powers of regulator to obtain information
PART 9--SECURING COMPLIANCE
Division 1--Appointment of inspectors
- 156 Appointment of inspectors
- 157 Identity cards
- 158 Accountability of inspectors
- 159 Suspension and ending of appointment of inspectors
Division 2--Functions and powers of inspectors
- 160 Functions and powers of inspectors
- 161 Conditions on inspectors' compliance powers
- 162 Inspectors subject to regulator's directions
Division 3--Powers relating to entry
Subdivision 1--General powers of entry- 163 Powers of entry
- 164 Notification of entry
- 165 General powers on entry
- 165A Powers relating to electronic equipment
- 165B Expert assistance to operate electronic equipment
- 166 Persons assisting inspectors Subdivision 2--Search warrants
- 167 Search warrants
- 168 Announcement before entry on warrant
- 169 Copy of warrant to be given to person with management or control of place Subdivision 3--Limitation on entry powers
- 170 Places used for residential purposes Subdivision 4--Specific powers on entry
- 171 Power to require production of documents and answers to questions
- 172 Abrogation of privilege against self-incrimination
- 173 Warning to be given
- 174 Powers to copy and retain documents
- 175 Power to seize evidence etc.
- 176 Inspector's power to seize dangerous workplaces and things
- 177 Powers supporting seizure
- 178 Receipt for seized things
- 179 Forfeiture of seized things
- 180 Return of seized things
- 181 Access to seized things
Division 4--Damage and compensation
Division 5--Other matters
- 185 Power to require name and address
- 186 Inspector may take affidavits
- 187 Attendance of inspector at coronial inquests
Division 6--Offences in relation to inspectors
- 188 Offence to hinder or obstruct inspector
- 189 Offence to impersonate inspector
- 190 Offence to assault, threaten or intimidate inspector
PART 10--ENFORCEMENT MEASURES
Division 1--Improvement notices
- 191 Issue of improvement notices
- 192 Contents of improvement notices
- 193 Compliance with improvement notice
- 194 Extension of time for compliance with improvement notices
Division 2--Prohibition notices
- 195 Power to issue prohibition notice
- 196 Contents of prohibition notice
- 197 Compliance with prohibition notice
Division 3--Non-disturbance notices
- 198 Issue of non-disturbance notice
- 199 Contents of non-disturbance notice
- 200 Compliance with non-disturbance notice
- 201 Issue of subsequent notices
Division 4--General requirements applying to notices
- 202 Application of Division
- 203 Notice to be in writing
- 204 Directions in notices
- 205 Recommendations in notice
- 206 Changes to notice by inspector
- 207 Regulator may vary or cancel notice
- 208 Formal irregularities or defects in notice
- 209 Issue and giving of notice
- 210 Display of notice
Division 5--Remedial action
- 211 When regulator may carry out action
- 212 Power of the regulator to take other remedial action
- 213 Costs of remedial or other action
Division 6--Injunctions
PART 11--ENFORCEABLE UNDERTAKINGS
- 216 Regulator may accept WHS undertakings
- 217 Notice of decision and reasons for decision
- 218 When a WHS undertaking is enforceable
- 219 Compliance with WHS undertaking
- 220 Contravention of WHS undertaking
- 221 Withdrawal or variation of WHS undertaking
- 222 Proceeding for alleged contravention
PART 12--REVIEW OF DECISIONS
Division 1--Reviewable decisions
- 223 Which decisions are reviewable
Division 2--Internal review
- 224 Application for internal review
- 225 Internal reviewer
- 226 Decision of internal reviewer
- 227 Decision on internal review
- 228 Stays of reviewable decisions on internal review
Division 3--External review
- 229 Application for external review
PART 13--LEGAL PROCEEDINGS
Division 1--General matters
- 230 Prosecutions
- 231 Procedure if prosecution is not brought
- 232 Limitation period for prosecutions
- 233 Multiple contraventions of health and safety duty provision
Division 2--Sentencing for offences
- 234 Application of this Division
- 235 Orders generally
- 236 Adverse publicity orders
- 237 Orders for restoration
- 238 Work health and safety project orders
- 239 Release on the giving of a court-ordered WHS undertaking
- 240 Injunctions
- 241 Training orders
- 242 Offence to fail to comply with order
Division 3--Infringement notices
- 243 Infringement notices
- 243A Matters to be included in an infringement notice
- 243B Extension of time to pay amount
- 243C Withdrawal of an infringement notice
- 243D Effect of payment of amount
- 243E Effect of this Division
Division 4--Offences by bodies corporate
- 244 Imputing conduct to bodies corporate
Division 5--The Commonwealth
- 245 Offences and the Commonwealth
- 246 WHS civil penalty provisions and the Commonwealth
- 247 Officers
- 248 Responsible agency for the Commonwealth
Division 6--Public authorities
- 249 Application to public authorities that are bodies corporate
- 250 Proceedings against public authorities
- 251 Imputing conduct to public authorities
- 252 Officer of public authority
- 253 Proceedings against successors to public authorities
Division 7--WHS civil penalty provisions
- 254 When is a provision a WHS civil penalty provision
- 255 Proceedings for contravention of WHS civil penalty provision
- 256 Involvement in contravention treated in same way as actual contravention
- 257 Contravening a civil penalty provision is not an offence
- 258 Civil proceeding rules and procedure to apply
- 259 Proceeding for a contravention of a WHS civil penalty provision
- 260 Proceeding may be brought by the regulator or an inspector
- 261 Limitation period for WHS civil penalty proceedings
- 262 Recovery of a monetary penalty
- 263 Civil double jeopardy
- 264 Criminal proceedings during civil proceedings
- 265 Criminal proceedings after civil proceedings
- 266 Evidence given in proceedings for contravention of WHS civil penalty provision not admissible in criminal proceedings
Division 8--Civil liability not affected by this Act
PART 14--GENERAL
Division 1--General provisions
- 268 Offence to give false or misleading information
- 269 Act does not affect legal professional privilege
- 270 Immunity from liability
- 271 Confidentiality of information
- 272 No contracting out
- 273 Person not to levy workers
- 273A Conferral of jurisdiction
- 273B Application of the Legislative Instruments Act 2003