Occupational Health and Safety Act 1983 No. 20

Occupational Health and Safety Act 1983 No. 20

New South Wales

OCCUPATIONAL HEALTH AND SAFETY ACT 1983 No 20

CURRENT AS AT 3 JULY 2000COVER SHEET (ONLY) MODIFIED 24 AUGUST 2001

INCLUDES AMENDMENTS (SINCE REPRINT No 6 OF 20.1.1999) BY:

Justices Legislation Amendment (Appeals) Act 1998 No 137

Statute Law (Miscellaneous Provisions) Act (No 2) 1999 No 85

Occupational Health and Safety Amendment (Sentencing Guidelines) Act 2000 No9

Occupational Health and Safety Amendment (Police Officers) Act 2000 No 11

DOES NOT INCLUDE AMENDMENTS BY:

WorkCover Legislation Amendment Act 1996 No 120, Sch 2.5 [1]–[3] (notcommenced)

Occupational Health and Safety Amendment Act 1997 No 51, Sch 1 [1] [2] [4]–[7][10] and [12]–[14] (not commenced)

-------------------------------------------------------------NOTE: The Act is to be repealed on 1.9.2001 by the Occupational Health and Safety Act2000 No 40, Sch 1.-------------------------------------------------------------

REPRINT HISTORY:Reprint No 1 22 June 1988Reprint No 2 25 March 1991Reprint No 3 3 March 1993Reprint No 4 4 August 1994Reprint No 5 14 March 1996Reprint No 6 20 January 1999

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Occupational Health and Safety Act 1983 No 20

An Act to secure the health, safety and welfare of persons at work; to amend certain Acts;and for other purposes.

Part 1 Preliminary

1 Name of Act

This Act may be cited as the Occupational Health and Safety Act 1983.

2 Commencement

(1) Sections 1 and 2 shall commence on the date of assent to this Act.

(2) Except as provided by subsection (1), this Act shall commence on suchday or days as may be appointed by the Governor in respect thereof andas may be notified by proclamation published in the Gazette.

3 (Repealed)

4 Definitions

(1) In this Act, except in so far as the context or subject-matter otherwiseindicates or requires:associated occupational health and safety legislation means theprovisions declared by Part 4 to be associated occupational health andsafety legislation.domestic premises means premises occupied as a private dwelling.employee means an individual who works under a contract ofemployment or apprenticeship.employer means a corporation which, or an individual who, employspersons under contracts of employment or apprenticeship.improvement notice means a notice issued under section 31R.industrial organisation of employees means an industrial organisationof employees registered, or taken to be registered, under Chapter 5 ofthe Industrial Relations Act 1996.inspector means an inspector appointed under Division 4 of Part 3.occupational health and safety legislation includes:

(a) the provisions of this Act and the regulations, and

(b) the associated occupational health and safety legislation.place of work means premises, or any other place, where persons work.plant includes any machinery, equipment and appliance.

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premises includes:

(a) any land, building or part of any building,

(b) any vehicle, vessel or aircraft,

(c) any installation on land, on the bed of any waters or floatingon any waters, and

(d) any tent or movable structure.prohibition notice means a notice issued under section 31S.regulation means a regulation under this Act.self-employed person means an individual who works for gain or rewardotherwise than under a contract of employment or apprenticeship,whether or not employing others.substance means any natural or artificial substance, whether in solid orliquid form or in the form of a gas or vapour.work means work as an employee or as a self-employed person.WorkCover Authority means the WorkCover Authority constituted underthe Workplace Injury Management and Workers Compensation Act 1998.

(2) For the purposes of this Act, risks arising out of the activities of personsat work shall be treated as including risks attributable to the manner ofconducting an undertaking, the plant or substances used for the purposesof an undertaking and the condition of premises so used and any part ofthem.

(3) For the purposes of this Act:

(a) an employee is at work throughout the time when he or sheis at his or her place of work, but not otherwise, and

(b) a self-employed person is at work throughout such time asthe person devotes to work as a self-employed person.

(3A) To avoid doubt, a police officer is, for the purposes of this Act:

(a) an employee of the Crown, and

(b) at work throughout the time when the officer is on duty atany place, but not otherwise.

(4) A reference in this Act to:

(a) a function includes a reference to a power, authority andduty, and

(b) the exercise of a function includes, where the function is aduty, a reference to the performance of the duty.

5 Objects

(1) The objects of this Act are:

(a) to secure the health, safety and welfare of persons at work,

(b) to protect persons at a place of work (other than persons atwork) against risks to health or safety arising out of theactivities of persons at work,

(c) to promote an occupational environment for persons at workwhich is adapted to their physiological and psychologicalneeds, and

(d) to provide the means whereby the associated occupationalhealth and safety legislation may be progressively replacedby comprehensive provisions made by or under this Act.

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(2) Subsection (1) (d) does not apply to the mining legislation declared byDivision 4 of Part 4 to be associated occupational health and safetylegislation.

(3) The provisions of any paragraph of subsection (1) shall not be construedas limiting or being limited by the operation of any other provision of thisAct.

6 Act to bind Crown

This Act binds the Crown, not only in right of New South Wales but also,so far as the legislative power of Parliament permits, the Crown in all itsother capacities.

Part 2

7–14 (Repealed)

Part 3 General provisions relating to health, safety and welfare at work

Division 1 General duties

15 Employers to ensure health, safety and welfare of their employees

(1) Every employer shall ensure the health, safety and welfare at work of allthe employer’s employees.

(2) Without prejudice to the generality of subsection (1), an employercontravenes that subsection if the employer fails:

(a) to provide or maintain plant and systems of work that aresafe and without risks to health,

(b) to make arrangements for ensuring safety and absence ofrisks to health in connection with the use, handling, storageor transport of plant and substances,

(c) to provide such information, instruction, training andsupervision as may be necessary to ensure the health andsafety at work of the employer’s employees,

(d) as regards any place of work under the employer’s control:(i) to maintain it in a condition that is safe and

without risks to health, or(ii) to provide or maintain means of access to and

egress from it that are safe and without anysuch risks,

(e) to provide or maintain a working environment for theemployer’s employees that is safe and without risks tohealth and adequate as regards facilities for their welfare atwork, or

(f) to take such steps as are necessary to make available inconnection with the use of any plant or substance at theplace of work adequate information:(i) about the use for which the plant is designed

and about any conditions necessary to ensure

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that, when put to that use, the plant will be safeand without risks to health, or

(ii) about any research, or the results of anyrelevant tests which have been carried out, on orin connection with the substance and about anyconditions necessary to ensure that thesubstance will be safe and without risks tohealth when properly used.

(3) For the purposes of this section, any plant or substance is not to beregarded as properly used by a person where it is used without regard toany relevant information or advice relating to its use which has beenmade available by the person’s employer.

(4) If in proceedings against a person for an offence against this section thecourt is not satisfied that the person contravened this section but issatisfied that the act or omission concerned constituted a contravention ofsection 16, the court may convict the person of an offence against thatsection.

Maximum penalty: 5,000 penalty units in the case of a corporation or 500penalty units in any other case.

16 Employers and self-employed persons to ensure health and safety ofpersons other than employees at places of work

(1) Every employer shall ensure that persons not in the employer’semployment are not exposed to risks to their health or safety arising fromthe conduct of the employer’s undertaking while they are at theemployer’s place of work.

(2) Every self-employed person shall ensure that persons not in the person’semployment are not exposed to risks to their health or safety arising fromthe conduct of the person’s undertaking while they are at the person’splace of work.

(3) If in proceedings against a person for an offence against this section thecourt is not satisfied that the person contravened this section but issatisfied that the act or omission concerned constituted a contravention ofsection 15, the court may convict the person of an offence against thatsection.


17 Persons in control of workplaces, plants and substances used bynon-employees to ensure health and safety

(1) Each person who has, to any extent, control of:

(a) non-domestic premises which have been made available topersons (not being the person’s employees) as a place ofwork, or the means of access thereto or egress therefrom,or

(b) any plant or substance in any non-domestic premises whichhas been provided for the use or operation of persons atwork (not being the person’s employees),

shall ensure that the premises, the means of access thereto or egresstherefrom or the plant or substance, as the case may be, are or is safeand without risks to health.

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(2) Where a person has, by virtue of any contract or lease, an obligation ofany extent in relation to:

(a) the maintenance or repair of any premises referred to insubsection (1) (a) or any means of access thereto or egresstherefrom, or

(b) the safety of, or the absence of risks to health arising from,any plant or substance referred to in subsection (1) (b),

that person shall be treated, for the purposes of subsection (1), as beinga person who has control of the thing to which the person’s obligationextends.

(3) A reference in this section to a person having control of any thing is areference to a person having control of the thing in connection with thecarrying on by the person of a trade, business or other undertaking(whether for profit or not).

18 Designers, manufacturers and suppliers to ensure health and safety asregards plant and substances for use at work

(1) A person who designs, manufactures or supplies any plant or substancefor use by persons at work must:

(a) ensure that the plant or substance is safe and without risksto health when properly used, and

(b) provide, or arrange for the provision of, adequateinformation about the plant or substance to the persons towhom it is supplied to ensure its safe use.

(2) The obligations under this section:

(a) apply only if the plant or substance is designed,manufactured or supplied in the course of a trade, businessor other undertaking (whether for profit or not), and

(b) apply whether or not the plant or substance is exclusivelydesigned, manufactured or supplied for use by persons atwork, and

(c) extend to the design, manufacture or supply of componentsfor, or accessories to, any plant for use by persons at work,and

(d) extend to the supply of the plant or substance by way ofsale, transfer, lease or hire and whether as principal oragent, and

(e) extend to the supply of the plant or substance to a personfor the purpose of supply to others, and

(f) do not apply to a person merely because the personsupplies the plant or substance in the course of a businessof financing the acquisition of the plant or substance by acustomer from another person.

(3) In this section, manufacture plant includes assemble, install or erectplant.


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19 Employees at work to take care of others and to co-operate with employer

Every employee while at work:

(a) shall take reasonable care for the health and safety ofpersons who are at his or her place of work and who maybe affected by his or her acts or omissions at work, and

(b) shall, as regards any requirement imposed in the interestsof health, safety and welfare on his or her employer or anyother person by or under this Act or the associatedoccupational health and safety legislation, co-operate withthe employer or that other person so far as is necessary toenable that requirement to be complied with.

Maximum penalty: 30 penalty units.

20 Person not to interfere with or misuse things provided for health, safety andwelfare

A person shall not intentionally or recklessly interfere with or misuseanything provided in the interests of health, safety and welfare inpursuance of this Act or the associated occupational health and safetylegislation.


21 Employer not to charge employees for things done or provided pursuant tostatutory requirement

An employer shall not levy or permit to be levied on any of theemployer’s employees any charge in respect of anything done orprovided in pursuance of any specific requirement made by or under thisAct or the associated occupational health and safety legislation.


21A Person not to hinder aid to injured worker etc

(1) A person shall not, by intimidation or by any other act or omission, wilfullyhinder or obstruct or attempt to hinder or obstruct:

(a) the giving or receiving of aid in respect of the illness orinjury of a person at work, or

(b) the doing of any act or thing to avoid or prevent a seriousrisk to the health or safety of a person at work.

(2) A person at a place of work shall not refuse any reasonable request:

(a) for assistance in the giving or receiving of aid in respect ofthe illness or injury of a person at work at that place ofwork, or

(b) for the doing of any act or thing to assist in the avoidance orprevention of a serious risk to the health or safety of aperson at work at that place of work.

(3) It shall be a defence to any proceedings for an offence against aprovision of subsection (1) or (2) for the person who contravened theprovision to prove that the person had a reasonable excuse or lawfulauthority for contravening the provision.


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21B Plant or premises involved in dangerous occurrence

(1) The occupier (within the meaning of Division 4) of premises that are aplace of work must take measures to ensure that plant on those premisesis not used, moved, or interfered with after it has been involved in adangerous occurrence.

Maximum penalty: 500 penalty units in the case of a corporation and 250penalty units in any other case.

(2) The occupier must also take measures to ensure that no person disturbsan area at the premises that is within 4 metres (or, if the regulationsprescribe some other distance, that other distance) from the locationwhere the dangerous occurrence occurred.

Maximum penalty: 500 penalty units in the case of a corporation or 250penalty units in any other case.

(3) If the regulations prescribe measures that satisfy the requirements ofsubsection (1) or (2), the occupier is taken to have satisfied therequirements of that subsection if the occupier has taken the measuresso prescribed.

(4) This section does not prevent use, movement, interference ordisturbance:

(a) to help or remove a trapped or injured person or to removea body, or

(b) to avoid injury to a person or damage to property, or

(c) for the purposes of any police investigation, or

(d) in accordance with a direction or permission of an inspector,or

(e) in such other circumstances as may be prescribed by theregulations.

(5) The requirements of this section in relation to any particular dangerousoccurrence apply only for the period that ends at midnight on the firstworking day (that is, any day except a Saturday, Sunday or publicholiday) after the day on which the occurrence was notified in accordancewith section 27 or otherwise notified to the WorkCover Authority, subjectto any extension of that period under subsection (6).

(6) The period for which the requirements of this section apply in relation toa dangerous occurrence can be extended by an inspector by givingnotice in writing to the occupier of the premises concerned, but only ifnotice is given before the end of the period provided by subsection (5).Any such extension is to be on the basis of the period that the inspectorconsiders, after an inspection, to be necessary for a proper examinationof the relevant plant or area.

(7) In this section, dangerous occurrence means:

(a) an occurrence that causes death, or

(b) an occurrence that causes a serious injury that is prescribedby the regulations for the purposes of this definition, or

(c) an occurrence prescribed by the regulations for thepurposes of this definition.

21C Notice to stop plant or prevent disturbance of premises to allow inspection

(1) An inspector who has entered premises under Division 4 may issue anotice under this section to the occupier of the premises (within the

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meaning of Division 4) if the inspector believes on reasonable groundsthat it is necessary to issue the notice in order to allow an inspection,examination, taking of measurements or conduct of tests on thepremises, relating to the premises or any plant, substance or thing on thepremises.

(2) The notice must set out the grounds on which it is given.

(3) While the notice is in force, the occupier must:

(a) stop the use of any plant, substance or thing that isspecified in the notice, and

(b) take measures to prevent the disturbance of any plant,substance or thing that is specified in the notice.


(4) A notice remains in force for the period, not exceeding 7 days, specifiedin the notice. A notice may be renewed more than once by an inspectorby issuing a further notice in accordance with this section.

(5) The occupier to whom a notice is issued under this section must, unlessan inspector otherwise directs, display a copy of it while it is in force in aprominent place on the premises to which it applies.


(6) An inspector who issues a direction under this section must takereasonable steps to inform the employer of the employees in the place ofwork on the premises to which the notice relates of the notice as soon aspracticable after issuing it.

21D Review in accordance with section 31U

A notice under section 21B or 21C (including any terms of the notice andits period of operation) may be reviewed and appealed against inaccordance with section 31U.

22 Civil liability not affected by this Division

(1) Nothing in this Division shall be construed:

(a) as conferring a right of action in any civil proceedings inrespect of any contravention, whether by act or omission, ofany provision of this Division,

(b) as conferring a defence to an action in any civil proceedingsor as otherwise affecting a right of action in any civilproceedings,

(c) as affecting the extent (if any) to which the breach of a dutyimposed by or under the associated occupational health andsafety legislation is actionable, or

(d) as affecting the extent (if any) to which the breach of a dutyimposed by or under the regulations is actionable.

(2) Despite subsection (1) (a), if the operation of a provision of this Divisionhas been adapted by a regulation made under section 46 to meet thecircumstances of any specified class of case, nothing in this Division istaken to affect the extent (if any) to which the breach of a duty imposedby the adapted provision is actionable in relation to any such case.

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Division 2 Occupational health and safety committees

23 Establishment of occupational health and safety committees in workplaces

(1) An occupational health and safety committee shall be established at aplace of work in accordance with this section if:

(a) there are 20 or more persons employed at the place of workand a majority of the persons so employed requests theestablishment of such a committee, or

(b) the WorkCover Authority directs the establishment of such acommittee at the place of work.

(2) The composition of any such occupational health and safety committee,the election or appointment of persons to the committee and any othermatter relating to the establishment or procedure of the committee shallbe as prescribed.

(3) The regulations made for the purposes of subsection (2) shall provide for:

(a) the election of members of any such occupational healthand safety committee by the persons who are employed atthe place of work at which the committee is established andthe appointment of other members of the committee by theemployer of those persons, and

(b) the election of a presiding member and convener of thecommittee by and from the members so elected.

(4) A person shall not fail to do anything the person is required to dopursuant to this section for the purposes of establishing an occupationalhealth and safety committee at a place of work.


24 Functions of occupational health and safety committees

(1) An occupational health and safety committee established at a place ofwork pursuant to section 23:

(a) shall keep under review the measures taken to ensure thehealth and safety of the persons at the place of work,

(b) shall investigate any matter at the place of work:(i) which a member of the committee or a person

employed thereat considers is not safe or is arisk to health, and

(ii) which has been brought to the attention of theemployer,

(c) shall attempt to resolve any such matter but, if unable to doso, shall request an inspector to undertake an inspection ofthe place of work for the purpose, and

(d) shall have such other functions as are prescribed.

(2) An inspection by an inspector to resolve a matter pursuant to subsection(1) (c) shall be undertaken forthwith after the request made by theoccupational health and safety committee.

25 Powers of members of occupational health and safety committees

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(1) A member of an occupational health and safety committee established ata place of work pursuant to section 23 shall, for the purposes of thecommittee, have power:

(a) to carry out such inspections of the place of work,

(b) to obtain such information relating to the place of work, or

(c) to do such other things in relation to the place of work,

as may be prescribed.

(2) A member of any such occupational health and safety committee shall beprovided with training to assist the member to exercise his or herfunctions as such a member, being training of such kind and provided bysuch persons as may be prescribed.

(3) A person who is required by the regulations to provide any such trainingshall not fail or refuse to provide the training.


26 Unlawful dismissal etc of employee

(1) An employer shall not dismiss an employee or injure an employee in hisor her employment or alter his or her position to his or her detriment byreason of the fact that the employee:

(a) makes a complaint about a matter which he or sheconsiders is not safe or is a risk to health,

(b) is a member of an occupational health and safety committeeestablished pursuant to section 23, or

(c) exercises any of his or her functions as such a member.


(2) In proceedings for an offence under subsection (1), if all the factsconstituting the offence other than the reason for the defendant’s actionare proved, the onus of proving that the dismissal, injury or alteration wasnot actuated by the reason alleged in the charge shall lie on thedefendant.

(3) Where an employer is convicted by a court of an offence undersubsection (1), the court may order:

(a) the employer to pay the employee a specified sum by wayof reimbursement for the salary or wages lost by theemployee, and

(b) that the employee be reinstated in his or her old or a similarposition.

(4) An employer shall give effect to an order of the court under subsection(3).

Maximum penalty: For each day the order is not given effect to, 10penalty units.

Division 3 Notification of accidents and other matters

27 Notification of accidents and other matters

(1) Where:

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(a) an accident occurs at a place of work, whether or not itcauses the death of, or bodily injury to, any person, or

(b) any other matter occurs at or in relation to a place of workwhich affects the health or safety of any person,

being an accident or other matter which is required by the regulations tobe notified under this section:

(c) except as provided by paragraph (d), the occupier of theplace of work, or

(d) such other person as is prescribed,

shall give notice of the accident or other matter in accordance withsubsection (2).


(2) A notice of an accident or other matter referred to in subsection (1) shallbe given to such persons, within such time and in such manner as areprescribed.

27A Notification of certain proposed work

(1) A person must not commence to carry out work of a kind prescribed bythe regulations at a place of work unless the person has given notice ofthe proposed work in accordance with this section.


(2) The regulations may prescribe the following kinds of work for thepurposes of subsection (1):

(a) construction work,

(b) demolition work,

(c) the setting up or erection of cranes, hoists, scaffolding,conveyors, escalators, lifts or moving walks,

(d) any other work (whether or not of the same kind).

(3) Any notice under this section:

(a) is to be in the form approved by the WorkCover Authority,and

(b) is to be given at least 7 days before the commencement ofthe proposed work, and

(c) is to be given to the WorkCover Authority by leaving it at, orby sending it by post or by facsimile transmission to, anoffice of the WorkCover Authority.

(4) The regulations may:

(a) require a notice to be given in a different manner, or withina different time, from that prescribed by subsection (3), and

(b) require a notice to be given by a person other than theperson proposing to carry out the work.

(5) (Repealed)

28 Notification under associated occupational health and safety legislation

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A provision of the associated occupational health and safety legislationwhich requires notice to be given of an accident or other matter shall, ifthe regulations so provide, not have any effect.

Division 4 Appointment and powers of inspectors

29 Definitions

In this Division:occupier includes a person for the time being having (or appearing tohave) the charge, management or control of premises or a person who,for the time being, is in charge (or appears to be in charge) of anyoperation being conducted on the premises.relevant legislation means the provisions of this Act, the ConstructionSafety Act 1912 and the Factories, Shops and Industries Act 1962 (otherthan Parts 4 and 6) and regulations made under those provisions.

30 Application of Division

This Division does not apply to a mine within the meaning of the MinesInspection Act 1901 or the Coal Mines Regulation Act 1982.

30A (Repealed)

31 Appointment of inspectors

The WorkCover Authority may appoint as inspectors for the purposes ofthe relevant legislation any of the following persons:

(a) a statutory officer,

(b) a public servant,

(c) a person employed by a public or local authority,

(d) a person belonging to a class of persons prescribed by theregulations.

31A Powers of entry for places of work

For the purposes of the relevant legislation, an inspector may enter anypremises the inspector has reason to believe is a place of work.

31B Notice of entry

(1) An inspector authorised to enter premises under this Division may enterthe premises without notice.

(2) The inspector must notify the occupier of the premises of the inspector’spresence on the premises as soon as reasonably practicable afterentering the premises, unless:

(a) to do so would defeat the purpose for which the premiseswere entered or would unreasonably delay the inspector in acase of urgency, or

(b) the occupier is already aware that the inspector has enteredthe premises or was notified in advance of when theinspector would enter the premises.

31C Authority to enter premises

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(1) A power conferred by this Division to enter premises, or to make aninspection or take other action on premises, may not be exercised unlessthe person proposing to exercise the power is in possession of anauthority and produces the authority if required to do so by the occupierof the premises.

(2) The authority must be a written authority that is issued by the WorkCoverAuthority and that:

(a) states that it is issued under this Act, and

(b) gives the name of the person to whom it is issued, and

(c) describes the nature of the powers conferred and the sourceof the powers, and

(d) states the date (if any) on which it expires, and

(e) describes the kind of premises to which the power extends,and

(f) bears the signature of the General Manager of theWorkCover Authority or an officer approved by the GeneralManager for the purposes of this paragraph.

(3) Entry may only be made at a reasonable time in the daytime or at anyhour when work is carried on or is usually carried on.

(4) This section does not apply to a power conferred by a search warrant.

31D Use of force on entry

(1) Reasonable force may be used for the purpose of gaining entry topremises (other than domestic premises) under a power conferred by thisDivision, but only if authorised by the WorkCover Authority in accordancewith this section or in cases of emergency.

(2) The authority of the WorkCover Authority:

(a) must be in writing, and

(b) must be given in respect of the particular entry concerned,and

(c) must specify the circumstances that are required to existbefore force may be used.

(3) This section does not apply to a power conferred by a search warrantand does not affect section 17 of the Search Warrants Act 1985 (Use offorce to enter premises etc).

31E Notification of use of force on entry

(1) An inspector authorised to enter premises under this Division who usesforce for the purpose of gaining entry to the premises must promptlyadvise the WorkCover Authority of the use of force.

(2) The WorkCover Authority must give written notice of the entry to suchpersons or authorities as appear to the Authority to be appropriate in thecircumstances.

31F Compensation

The WorkCover Authority must pay compensation for any loss or damagecaused by any inspector in the exercise of any power to enter premisesunder this Division, but not if that loss or damage is caused because the

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occupier obstructed, hindered or restricted the inspector in the exercise ofthe power of entry.

31G Entry to domestic premises

The powers of entry conferred by this Division are not exercisable inrelation to domestic premises except:

(a) with the permission of the occupier of the premises, or

(b) under the authority conferred by a search warrant.

31H Search warrant

(1) An inspector may apply to an authorised justice for a search warrant ifthe inspector has reasonable grounds for believing that a provision of therelevant legislation has been or is being or is about to be contravened inor about any premises.

(2) An authorised justice to whom an application is made under this sectionmay, if satisfied that there are reasonable grounds for doing so, issue asearch warrant authorising the inspector named in the warrant to enterthe premises and to search the premises for evidence of a contraventionof the relevant legislation.

(3) Part 3 of the Search Warrants Act 1985 applies to a search warrantissued under this section.

(4) In this section, authorised justice has the same meaning as it has in theSearch Warrants Act 1985.

31I Powers available on entry

For the purposes of the relevant legislation, an inspector who enterspremises under this Division may do any of the following:

(a) make searches, inspections, examinations and tests (andtake photographs and make video and audio records),

(b) take for analysis a sample of any substance or thing whichin the inspector’s opinion may be, contain or becontaminated by, a substance (or a degradation product of asubstance) prescribed by the regulations,

(b1) dismantle any plant or thing on the premises for the purposeof examination, if the inspector believes on reasonablegrounds that the plant or thing has been used in thecommission of an offence against the relevant legislation,

(b2) take any plant, substance or thing (or any sample of asubstance) from the premises, if the inspector believes onreasonable grounds that the plant, substance or thing hasbeen used in the commission of an offence against therelevant legislation,

(b3) keep any plant, substance, sample or thing taken underparagraph (b2) that:(i) may reasonably be required as evidence in

proceedings for an offence against the relevantlegislation, or

(ii) might, if not so kept, be used to continue orrepeat the offence,

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(c) in the case of an inspector who is a medical practitioner,carry out medical examinations with the consent of theperson proposed to be examined,

(d) carry out biological tests in such manner and in suchcircumstances as may be prescribed by the regulations,

(e) require any person in or about those premises to answerquestions or otherwise furnish information,

(f) require the occupier of those premises to provide theinspector with such assistance and facilities as is or arereasonably necessary to enable the inspector to exercisethe inspector’s functions,

(g) require the production of and inspect any records in orabout those premises,

(h) take copies of or extracts from any such records,

(i) exercise all other functions that are conferred by or arereasonably necessary for the purposes of the relevantlegislation.

31J Care to be taken

In the exercise of a function under this Division, an inspector must do aslittle damage as possible.

31K Inspector may request assistance

(1) A police officer may accompany and take all reasonable steps to assistan inspector in the exercise of the inspector’s functions under thisDivision:

(a) in executing a search warrant issued under section 31H, or

(b) if the inspector reasonably believes that he or she may beobstructed in the exercise of those functions.

(2) Any person whom an inspector believes to be capable of providingassistance in the exercise of the inspector’s functions under this Divisionmay accompany the inspector and take all reasonable steps to assist theinspector in the exercise of the inspector’s functions.

(3) Nothing in subsection (1) is to be taken to limit the generality of section18 of the Search Warrants Act 1985.

31KA Power of inspectors to obtain information, documents and evidence

(1) An inspector may, by notice in writing served on a person who is, onreasonable grounds, believed by the inspector to be capable of givinginformation, producing documents or giving evidence in relation to apossible contravention of the relevant legislation require the person to doany one or more of the following things:

(a) to give an inspector, by writing signed by the person (or, inthe case of a body corporate, by a competent officer of thebody corporate) and within the time and in the mannerspecified in the notice, any such information of which theperson has knowledge,

(b) to produce to an inspector, in accordance with the notice,any such documents,

16 ANSTAT PTY LTD


(c) to appear before an inspector at a time and place specifiedin the notice and give either orally or in writing any suchevidence and produce any such documents.

(2) A notice under this section must contain a warning that a failure tocomply with the notice is an offence.

(3) An inspector may inspect a document produced in response to a noticeunder this section and may make copies of, or take extracts from, thedocument.

(4) An inspector may take possession and retain possession for as long as isnecessary for the purposes of this Act, of a document produced inresponse to a notice under this section if the person otherwise entitled topossession of the document is supplied, as soon as practicable, with acopy certified by an inspector to be a true copy.

(5) A certified copy provided under subsection (4) is receivable in all courtsas if it were the original.

(6) Until a certified copy of a document is provided under subsection (4), theinspector who has possession of the document must, at such times andplaces as the inspector thinks appropriate, permit the person otherwiseentitled to possession of the document, or a person authorised by thatperson, to inspect the document and make copies of, or take extractsfrom, the document.

31L Attendance of inspector at coronial inquest

An inspector may attend and has authority to examine witnesses at anyinquest into the cause of death of any employee while employed at aplace of work.

31M Protection from incrimination

(1) A person is not excused from making a statement, giving or furnishinginformation or evidence or producing a document in accordance with arequirement under this Division on the ground that the statement,information, document or evidence may tend to incriminate the person.

(2) However, any statement, information, document or evidence obtainedfrom a person pursuant to a requirement under this Division is notadmissible in evidence against the person in criminal proceedings (otherthan proceedings for an offence under section 31N) if:

(a) the person claims before making the statement or giving,furnishing or producing the information, document orevidence that it might tend to incriminate the person, or

(b) the person’s entitlement to make a claim of the kind referredto in paragraph (a) was not drawn to the person’s attentionbefore the statement was made or the information,document or evidence was given, furnished or produced.

(3) Subsection (2) does not prevent the admission in evidence inproceedings against a body corporate of any statement, information,document or evidence obtained pursuant to a requirement under thisDivision from a person as a competent officer of the body corporate.

31N Offence: obstruction and compliance

A person must not:

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(a) obstruct, hinder or impede an inspector in the exercise ofthe inspector’s functions under this Division, or

(b) prevent or attempt to prevent any other person fromassisting an inspector in the exercise of the inspector’sfunctions under this Division, or

(c) directly or indirectly intimidate or threaten or attempt tointimidate an inspector or a person assisting an inspector inthe exercise of the inspector’s functions under this Division,or

(d) without reasonable excuse, refuse or fail to comply with arequirement made or to answer a question of an inspectorasked in accordance with this Division, or

(e) in purported compliance with a requirement under thisDivision, or in answer to a question of an inspector asked inaccordance with this Division, give or furnish information orevidence or produce a document knowing it to be false ormisleading in a material particular.


31O Offence: impersonating an inspector

A person must not impersonate, or falsely represent that the person is,an inspector.


31P Disclosure of information

(1) A person who is, or was at any time, an inspector must not disclose anyinformation relating to any manufacturing or commercial secrets orworking processes that was obtained by the inspector in connection withthe administration or execution of the relevant legislation.


(2) Subsection (1) does not operate to prevent the disclosure of informationwhere that disclosure is:

(a) made in connection with the administration or execution ofthe relevant legislation, or

(b) made with the prior permission of the Minister, or

(c) ordered by a court, or by any other body or personauthorised by law to examine witnesses, in the course of,and for the purpose of, the hearing and determination bythat court, body or person of any matter or thing.

(3) The Minister may grant the permission referred to in subsection (2) (b)only if the Minister is satisfied that to do so would be in the publicinterest.

31Q Power of employees’ representative to accompany inspector

(1) An inspector who is proposing to undertake an inspection of a place ofwork with respect to a matter that may affect the health, safety or welfareof employees at the place of work:

(a) must, to the extent that it is practicable, consult arepresentative of the employees or an industrial organisationof employees whose members are employed at the place ofwork, and

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(b) must, if requested to do so by the representative, take therepresentative on any such inspection.

(2) In this section, inspector means an inspector appointed under thisDivision or under any associated occupational health and safetylegislation.

31R Inspector may issue improvement notices

(1) If an inspector is of the opinion that any person:

(a) is contravening any provision of this Act or the regulations,or

(b) has contravened such a provision in circumstances thatmake it likely that the contravention will continue or berepeated,

the inspector may issue to the person a notice requiring the person toremedy the contravention or the matters occasioning it within the periodspecified in the notice.

(2) The period within which a person is required by an improvement notice toremedy a contravention or the matters occasioning the contraventionmust be at least 7 days after the issue of the notice.

(3) However, an inspector may specify a period that is less than 7 days afterthe issue of the improvement notice if satisfied that it is reasonablypracticable for the person to comply with the requirements imposed bythe notice by the end of that period.

(4) An improvement notice must:

(a) state that the inspector is of the opinion referred to insubsection (1), and

(b) state the reasons for that opinion, and

(c) specify the provision of the Act or the regulations in respectof which that opinion is held, and

(d) include information about obtaining a review of the noticeunder section 31U.

(5) A person who, without reasonable excuse, fails to comply with arequirement imposed by an improvement notice is guilty of an offence.

Maximum penalty:

(a) 500 penalty units in the case of a corporation, or

(b) 250 penalty units in the case of an individual whocontravenes this subsection otherwise than in his or hercapacity as an employee, or

(c) 15 penalty units in the case of an individual whocontravenes this subsection in his or her capacity as anemployee.

31S Inspector may issue prohibition notices

(1) If an inspector is of the opinion that at any place of work there isoccurring or about to occur any activity which involves or will involve animmediate risk to the health or safety of any person, the inspector mayissue to the person who has or may be reasonably presumed to havecontrol over the activity a notice prohibiting the carrying on of the activityuntil the matters which give or will give rise to the risk are remedied.

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(2) A prohibition notice must:

(a) state that the inspector is of the opinion referred to insubsection (1), and

(b) state the reasons for that opinion, and

(c) specify the activity in respect of which that opinion is held,and

(d) if in the inspector’s opinion the activity involves acontravention or likely contravention of any provision of theAct or the regulations—specify that provision and state thereasons for that opinion, and

(e) include information about obtaining a review of the noticeunder section 31U.

(3) A person who, without reasonable excuse, fails to comply with arequirement imposed by a prohibition notice is guilty of an offence.

Maximum penalty:

(a) 1,000 penalty units in the case of a corporation, or

(b) 500 penalty units in the case of an individual whocontravenes this subsection otherwise than in his or hercapacity as an employee, or

(c) 30 penalty units in the case of an individual whocontravenes this subsection in his or her capacity as anemployee.

31T Notices may include directions

(1) An inspector may include in an improvement notice or a prohibition noticedirections as to the measures to be taken to remedy any contravention ormatter to which the notice relates.

(2) Any such direction may:

(a) adopt, by reference, the requirements of any industrial orother code of practice, and

(b) offer the person to whom it is issued a choice of ways inwhich to remedy the contravention or matter.

31U Review of notices

(1) A person who is issued with a notice under section 21B, 21C or 31Z, animprovement notice or a prohibition notice may apply in writing to theWorkCover Authority for a review of the notice.

(2) The application for review must be made within 7 days after the notice isissued or, if the regulations prescribe a different period, within the periodso prescribed.

(3) An application for review may be made only once in respect of anyparticular notice.

(4) The WorkCover Authority is to review a notice that is the subject of aduly made application for review. The notice is stayed (unless it is aprohibition notice) from when the application for review is received by theWorkCover Authority until the WorkCover Authority gives notice to theapplicant of the result of the review. If the notice is a prohibition notice itcan be stayed as provided by section 31UA.

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(5) The WorkCover Authority may, as a result of the review, confirm thenotice, vary it or revoke it. The confirmation, variation or revocation haseffect when notice of the result of the review is given to the applicant.

(6) An applicant who is not satisfied with the result of a review may appealagainst the notice concerned to a Local Court constituted by an IndustrialMagistrate sitting alone.

(7) An appeal to a Local Court under this section does not operate to staythe notice the subject of the appeal except as otherwise ordered by theCourt.

(8) Regulations may be made with respect to reviews and appeals under thissection, including as to the time and manner in which an application forsuch a review or appeal is to be made.

31UA Application to Industrial Magistrate for stay of prohibition notice

(1) If a person duly applies under section 31U for review of a prohibitionnotice, the person may apply to a Local Court constituted by an IndustrialMagistrate for a stay of the notice.

(2) A stay may be granted for such period as the court considers appropriatebut not so as to extend past the time when notice of the result of thereview is given to the applicant by the WorkCover Authority.

(3) A stay may be granted on such conditions as the court considersappropriate and may be revoked or amended by the court.

31V Withdrawal of notices

(1) A notice under section 21C or 31Z or an improvement notice or aprohibition notice may be withdrawn at any time by the inspector whoissued the notice or by the WorkCover Authority if the inspector or theWorkCover Authority is satisfied that the notice was issued in error or isincorrect in some respect.

(2) The withdrawal has effect when notice of the withdrawal is given to theperson to whom the notice was issued.

31W Revocation or withdrawal of notice does not prevent issue of another notice

The revocation or withdrawal of a notice under section 21C or 31Z or animprovement notice or a prohibition notice does not prevent the issue ofany other notice.

31X Service and exhibition of notices

(1) A notice under section 21B, 21C or 31Z or an improvement notice orprohibition notice, or a notice confirming, revoking or withdrawing such anotice may be issued or given to a person:

(a) by delivering it personally to the person, or

(b) by leaving it with some other person at, or sending it by postto, the person’s place of residence or business or the placeof work to which the notice relates.

(2) This section does not affect the operation of any provision of a law or therules of a court authorising a notice or other document to be served in amanner not authorised by this section.

(3) An inspector may cause a notice containing a copy of or extract from anotice referred to in subsection (1), or of the matter contained in the

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notice, to be exhibited at the place of work concerned in a mannerapproved by the WorkCover Authority.

(4) A person must not destroy, damage or remove a notice exhibited undersubsection (3) except with the approval of the WorkCover Authority or aninspector.


31Y Proceedings for offences not affected by notices

The issue, variation, revocation or withdrawal of a notice under section21C or 31Z or a prohibition notice or improvement notice does not affectany proceedings for an offence against this Act, the regulations or theassociated occupational health and safety legislation in connection withany matter in respect of which the notice was issued.

31Z Notice of taking or dismantling

(1) Before exercising any of the powers under section 31I (b1)–(b3), aninspector must give notice to the occupier of a place of work where therelevant plant, substance or thing is situated of the inspector’s intention toexercise that power.

(2) The notice must specify the date and time when the inspector proposesto exercise the powers as well as the plant, substance or thing in relationto which the powers are to be exercised.

31AA Powers supporting taking

(1) Having taken a thing under section 31I (b2), an inspector may:

(a) move the thing from the place where it was taken, or

(b) leave the thing at the place but take reasonable action torestrict access to it, or

(c) if the thing is plant—dismantle it.

(2) The following are examples of restricting access to a thing:

(a) sealing a thing and marking it to show access to it isrestricted,

(b) sealing the entrance to a room where the thing is situatedand marking it to show access to it is restricted.

(3) If an inspector restricts access to a thing taken, a person must nottamper, or attempt to tamper, with the thing or something restrictingaccess to the thing without an inspector’s approval.


(4) To enable a thing to be taken under section 31I (b2), an inspector mayrequire the person in control of it:

(a) to take it to a stated reasonable place by a statedreasonable time, and

(b) if necessary, to remain in control of it at the stated place fora reasonable time.

(5) The requirement:

(a) must be made by notice in the approved form, or

22 ANSTAT PTY LTD


(b) if for any reason it is not practicable to give the notice, maybe made orally and confirmed by notice in the approvedform as soon as practicable.

(6) The person must comply with the requirement unless the person has areasonable excuse for not complying.


(7) A further requirement may be made under this section in relation to thesame thing if it is necessary and reasonable to make the furtherrequirement.

31AB Receipt for things taken

(1) As soon as reasonably practicable after an inspector takes a thing undersection 31I (b2), the inspector must give a receipt for it to the personfrom whom it was taken.

(2) However, if for any reason it is not practicable to comply with subsection(1), the inspector must leave the receipt in a conspicuous position and ina reasonably secure way at the place where the thing was taken.

(3) The receipt must describe generally each thing taken and its condition.

(4) This section does not apply to a thing if it is impracticable or would beunreasonable to give the notice required by the section (given the thing’snature, condition and value).

31AC Forfeiture of things taken

(1) A thing taken under section 31I (b2) is forfeited to the State if theinspector who took the thing:

(a) cannot find its owner after making reasonable inquiries, or

(b) cannot return it to its owner, after making reasonable efforts,or

(c) reasonably believes it is necessary to retain the thing toprevent it being used to commit an offence against this Act.

(2) Subsection (1) (a) does not require the inspector to make inquiries if itwould be unreasonable to make inquiries to find the owner, andsubsection (1) (b) does not require the inspector to make efforts if itwould be unreasonable to make efforts to return the thing to its owner.

(3) If the inspector decides to forfeit a thing under subsection (1) (c), theinspector must tell the owner of the decision by written notice.

(4) Subsection (3) does not apply if:

(a) the inspector cannot find its owner, after making reasonableinquiries, or

(b) it is impracticable or would be unreasonable to give thenotice.

(5) The notice must state:

(a) the reasons for the decision, and

(b) that the owner may apply within 28 days for the decision tobe reviewed, and

(c) how the owner may apply for the review, and

(d) that the owner may apply for a stay of the decision if theowner applies for a review.

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(6) In deciding whether and, if so, what inquiries and efforts are reasonableor whether it would be unreasonable to give notice about a thing, regardmust be had to the thing’s nature, condition and value.

31AD Return of things taken

(1) If a thing taken under section 31I (b2) has not been forfeited, theinspector must return it to its owner at the end of:

(a) 6 months, or

(b) if a proceeding for an offence involving it is started within 6months—the proceeding and any appeal from theproceeding.

(2) Despite subsection (1), unless the thing has been forfeited, the inspectormust immediately return a thing taken as evidence to its owner if theinspector stops being satisfied its continued retention as evidence isnecessary.

31AE Access to things taken

(1) Until a thing taken under section 31I (b2) is forfeited or returned, aninspector must allow its owner to inspect it and, if it is a document, tocopy it.

(2) Subsection (1) does not apply if it is impracticable or would beunreasonable to allow the inspection or copying.

Division 5 Entry and inspection powers of employees’ representatives

31AF Definitionsauthorised officer of an industrial organisation of employees, means anofficer of that organisation (including any person who is concerned in, ortakes part in, the management of that organisation) who is authorisedunder Part 7 of Chapter 5 of the Industrial Relations Act 1996.occupier has the same meaning as in Division 4.

31AG Powers of entry of places of work

An authorised officer of an industrial organisation of employees may, forthe purpose of investigating any suspected breach of the occupationalhealth and safety legislation, enter any premises the officer has reason tobelieve is a place of work where members of that organisation (orpersons who are eligible to be members of that organisation) work.

31AH Notice of entry

(1) An authorised officer authorised to enter premises under this Divisionmay enter the premises without notice.

(2) The authorised officer must notify the occupier of the premises of theauthorised officer’s presence on the premises as soon as reasonablypracticable after entering the premises, unless:

(a) to do so would defeat the purpose for which the premiseswere entered or would unreasonably delay the authorisedofficer in a case of urgency, or

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(b) the occupier is already aware that the authorised officer hasentered the premises or was notified in advance of when theauthorised officer would enter the premises.

31AI Authority to enter premises

(1) A power conferred by this Division to enter premises, or to make aninspection or take other action on premises, may not be exercised unlessthe person proposing to exercise the power is in possession of anauthority issued by the Industrial Registrar under Part 7 of Chapter 5 ofthe Industrial Relations Act 1996 and produces the authority if required todo so by the occupier of the premises.

(2) Entry may only be made at a reasonable time in the daytime or at anyhour when work is carried on or is usually carried on.

31AJ Entry to domestic premises

The powers of entry conferred by this Division are not exercisable inrelation to domestic premises except with the permission of the occupierof the premises.

31AK Powers available on entry

For the purpose of investigating any suspected breach of theoccupational health and safety legislation, an authorised officer whoenters premises under this Division may do any of the following:

(a) make searches and inspections (and take photographs),

(b) require the occupier of those premises to provide theauthorised officer with such assistance and facilities as is orare reasonably necessary to enable the officer to exercisethe officer’s functions under this Division,

(c) require the production of and inspect any records in orabout those premises that directly affect or directly deal withthe occupational health and safety of employees working atthose premises,

(d) take copies of or extracts from any such records.

31AL Care to be taken

In the exercise of a function under this Division, an authorised officermust do as little damage as possible.

31AM Authorised officer may request assistance from inspector

An inspector may accompany and take all reasonable steps to assist anauthorised officer in the exercise of the officer’s functions under thisDivision if the officer reasonably believes that the officer may beobstructed in the exercise of those functions.

31AN Offence of obstructing authorised officer

A person must not:

(a) obstruct, hinder or impede an authorised officer in theexercise of the officer’s functions under this Division, or

(b) directly or indirectly intimidate or threaten or attempt tointimidate an authorised officer in the exercise of theofficer’s functions under this Division, or

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(c) without reasonable excuse, refuse or fail to comply with arequirement made by an authorised officer in accordancewith this Division.


31AO Offence of impersonating an authorised officer

A person must not impersonate, or falsely represent that the person is,an authorised officer.


31AP Disclosure of information

(1) A person who is, or was at any time, an authorised officer must notdisclose any information relating to any manufacturing or commercialsecrets or working processes that was obtained by the officer inconnection with the exercise of functions under this Division.


(2) Subsection (1) does not operate to prevent the disclosure of informationwhere that disclosure is:

(a) made with the prior permission of the Minister, or

(b) ordered by a court, or by any other body or personauthorised by law to examine witnesses, in the course of,and for the purpose of, the hearing and determination bythat court, body or person of any matter or thing.

(3) The Minister may grant the permission referred to in subsection (2) (a)only if the Minister is satisfied that to do so would be in the publicinterest.

Division 6 Miscellaneous

31AQ Minister may require and publish special reports into accidents anddangerous occurrences

(1) The Minister may direct the WorkCover Authority to prepare a specialreport for the Minister with respect to:

(a) any accident that occurred at a place of work and thatcaused the death of or bodily injury to any person, or

(b) any occurrence at a place of work that constituted a dangerto any person.

(2) The Minister may, if the Minister thinks fit, cause such a report or anypart of such a report to be made public, whether by causing the report orpart of the report to be published or otherwise. The Minister may table acopy of the report in Parliament.

(3) No liability is incurred by the Crown and no personal liability is incurredby, or by any person acting at the direction of, the Minister or theWorkCover Authority in respect of anything done in good faith inconnection with the preparation or making public of a report under thissection.

(4) No liability is incurred by a person for publishing in good faith:

(a) a report made public under this section, or

(b) a fair report or summary of such a report.

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(5) In this section liability includes liability in defamation.

Part 4 Associated occupational health and safety legislation

Division 1 Preliminary

32 Saving

Subject to this Division, the provisions of the associated occupationalhealth and safety legislation shall be observed in addition to theprovisions of this Act and the regulations.

33 This Act to prevail

(1) Except as provided by subsection (2), where any provision of theassociated occupational health and safety legislation is inconsistent witha provision of this Act or the regulations, the provision of this Act or theregulations shall prevail.

(2) A person is not guilty of an offence under Part 3 in respect of any act oromission which is expressly required or permitted to be done or omittedby or under the associated occupational health and safety legislation.

34 Double jeopardy

Where an act or omission constitutes an offence:

(a) under this Act or the regulations, and

(b) under the associated occupational health and safetylegislation,

the offender shall not be liable to be punished twice in respect of theoffence.

Division 2 Factories, shops and industries legislation

35 Factories, Shops and Industries Act 1962

The provisions of the Factories, Shops and Industries Act 1962 (Parts4–9 excepted) and the regulations and orders made thereunder shall, forthe purposes of this Act, be associated occupational health and safetylegislation.

36 (Repealed)

Division 3 Construction safety legislation

37 Construction Safety Act 1912

The provisions of the Construction Safety Act 1912 and the regulationsmade thereunder shall, for the purposes of this Act, be associatedoccupational health and safety legislation.

38 (Repealed)

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Division 4 Mining legislation

39 Mines Inspection Act 1901 etc

The provisions of the Mines Inspection Act 1901, the Mines Rescue Act1994 and the Coal Mines Regulation Act 1982 and the regulations andrules made thereunder shall, for the purposes of this Act, be associatedoccupational health and safety legislation.

40 (Repealed)

Division 5 Dangerous goods legislation

41 Dangerous Goods Act 1975

The provisions of the Dangerous Goods Act 1975 and the regulationsmade thereunder shall, for the purposes of this Act, be associatedoccupational health and safety legislation.

42 (Repealed)

Division 6 Rural workers accommodation legislation

43 Rural Workers Accommodation Act 1969

The provisions of the Rural Workers Accommodation Act 1969 and theregulations made thereunder shall, for the purposes of this Act, beassociated occupational health and safety legislation.

44 (Repealed)

Part 4A Industry codes of practice

44A Industry codes of practice

(1) For the purpose of providing practical guidance to employers,self-employed persons and employees, the WorkCover Authority mayformulate and prepare industry codes of practice.

(2) The Minister may, having regard to any recommendation of theWorkCover Authority, approve an industry code of practice.

(3) An industry code of practice may:

(a) consist of any code, standard, rule, specification or provisionrelating to occupational health, safety or welfare approvedby the Minister, or

(b) apply, incorporate or refer to any document formulated orpublished by any body or authority as in force at the timethe industry code of practice is approved or as amended,formulated or published from time to time.

(4) The Minister may, having regard to any recommendation of theWorkCover Authority, approve any amendment of the whole or any partof an industry code of practice or revoke the approval of an industry codeof practice.

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(5) The Minister shall cause to be published in the Gazette:

(a) an approved industry code of practice,

(b) an approved amendment of an industry code of practice,and

(c) the revocation of approval of an industry code of practice.

(6) The Minister shall cause:

(a) a copy of every approved industry code of practice,

(b) if an approved industry code of practice has been amended,a copy of every approved industry code of practice as soamended, and

(c) if an approved industry code of practice applies,incorporates or refers to any other document, a copy ofevery such document,

to be made available for inspection by members of the public withoutcharge at the office of the WorkCover Authority during normal officehours.

(7) An approved industry code of practice commences on the day when thecode is published in the Gazette or, if a later commencement date isspecified in the code, on that date.

(8) An approved amendment of an industry code of practice commences onthe day when the amendment is published in the Gazette or, if a latercommencement date is specified in the amendment, on that date.

(9) An approved revocation of an industry code of practice commences onthe day when the revocation is published in the Gazette or, if a latercommencement date is specified in the revocation, on that date.

(10) A person shall not be liable to any civil or criminal proceedings by reasononly that the person has failed to observe any provision of an approvedindustry code of practice.

44B Use of industry codes of practice

In any proceedings under this Act in which it is alleged that a personcontravened or failed to comply with a provision of this Act or theregulations:

(a) an approved industry code of practice which is relevant toany matter which it is necessary for the prosecution to provein order to establish the alleged contravention or failure isadmissible in evidence in those proceedings, and

(b) the person’s failure at any material time to observe theapproved industry code of practice is evidence of the matterto be established in those proceedings.

Part 5 Regulations

45 Regulations

(1) The Governor may make regulations, not inconsistent with this Act, for orwith respect to any matter that by this Act is required or permitted to beprescribed or that is necessary or convenient to be prescribed forcarrying out or giving effect to the objects of this Act.

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(1A) Without limiting the generality of subsection (1), the Governor may makeregulations for or with respect to:

(a) regulating or prohibiting:(i) the manufacture, supply or use of any plant,(ii) the manufacture, supply, storage, transport or

use of any substance, and(iii) the carrying on of any process or the carrying

out of any operation,

(a1) requiring persons to identify hazards arising from work(including those arising from any premises or other place ofwork or from any plant or substance for use at work),

(a2) requiring persons to assess the risks to the health andsafety of persons associated with any such hazards and todeal with those risks,

(a3) designating the persons (whether employers, self-employedpersons, principal contractors or other persons) who are tobe responsible for compliance with the obligations imposedby the regulations,

(b) requiring any person to hold a permit, or any business,plant, substance or workplace to be licensed or registered,in any circumstances or as a condition of the carrying on ofany activity or the doing of any thing,

(c) the granting, renewal, cancellation or suspension of apermit, licence or certificate of registration,

(d) prohibiting the carrying out of any activity by a personunless the person holds a permit or the use of any plant,substance or workplace unless it is licensed or registered,

(e) the establishment, terms and conditions of membership,functions and procedure of a body which grants, renews,cancels or suspends permits, licences or certificates ofregistration,

(f) the circumstances in which permits, licences or certificatesof registration may be cancelled or suspended,

(g) the manner of application for granting or renewal of permits,licences or certificates of registration,

(h) the terms and conditions upon which permits, licences orcertificates of registration may be granted,

(i) appeals against a decision of a body not to grant or renewor to cancel or suspend a permit, licence or certificate ofregistration,

(j) requiring persons, in any circumstances involving risk ofabsorption of any substance or risk of injury or poisoningarising out of the use of any substance, to undergo abiological test,

(k) requiring persons to abstain from eating, drinking orsmoking in any circumstances involving risk of absorption ofany substance or risk of injury or poisoning arising out of theuse of any substance,

(l) measures for detecting and investigating cases in whichabsorption of any substance or injury or poisoning arisingout of the use of any substance has occurred, including

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medical examinations, the making of biological tests and thenotification of absences from work,

(m) the making, keeping and inspection of records of mattersrelating to the risk of absorption of, or risk of injury orpoisoning arising out of the use of, any substance and thefurnishing of returns and information relating to thosematters including returns and information relating to medicalexaminations, biological tests and injury or poisoning,

(n) the analysis of any substance,

(o) the fees chargeable or payable for doing any act orproviding any service for the purposes of the regulations,

(p) forms for the purposes of this Act and the regulations,

(q) the manner of serving notices under this Act,

(r) appeals against a determination of an inspector,

(s) prohibiting disclosure of information obtained by a person inthe course of implementing this Act or the regulations,

(t) any information to be provided by an inspector to anyperson, and

(u) any matter relating to occupational health and safety withrespect to which regulations may be made under theassociated occupational health and safety legislation.

(1B) A reference in subsection (1A) to a permit includes a reference to acertificate of competency.

(2) Without limiting the generality of subsection (1), the Governor may makeregulations for or with respect to conferring power on inspectors underthis Act or any associated occupational health and safety legislation:

(a) to require any contravention, or likely contravention, of thisAct or the regulations to be remedied, and

(b) to prohibit any activity at a place of work which is not safeor which is a risk to health.

(3) (Repealed)

(3A) A regulation may apply, adopt or incorporate any publication as in forcefrom time to time.

(4) A regulation may impose a penalty not exceeding 250 penalty units forany offence against a regulation.

46 Adaptation of Part 3

The regulations may adapt the provisions of Part 3 to meet thecircumstances of any specified class of case.

46A Regulations may prescribe decisions that are to be reviewable byAdministrative Decisions Tribunal

(1) A person aggrieved by a decision made under the regulations thatbelongs to a class of decisions prescribed by the regulations for thepurposes of this subsection may apply to the Administrative DecisionsTribunal for a review of the decision.

(2) Despite subsection (1), a regulation referred to in that subsection maylimit the class of persons who may make an application for a review of adecision referred to in that subsection.

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(3) A regulation referred to in subsection (1) cannot be made without theconcurrence of the Minister administering the Administrative DecisionsTribunal Act 1997.

Part 6 Offences

47 Summary procedure for offences

(1) Proceedings for an offence against this Act or the regulations shall bedealt with summarily:

(a) before a Local Court constituted by a Magistrate sittingalone, or

(b) before the Industrial Relations Commission in CourtSession.

(c) (Repealed)

(1A) If a person is convicted of an offence against this Act, the convictingcourt may order the offender to pay to the WorkCover Authority thereasonable cost of examining or testing any plant, substance or thing towhich the conviction relates.

(1B) That cost may be recovered by the WorkCover Authority as a judgmentdebt against the person convicted.

(2) The maximum penalty that may be imposed in those proceedings by aLocal Court is 500 penalty units or 2 years imprisonment (or both), or themaximum penalty provided in respect of the offence, whichever is thelesser.

(3) The maximum penalty that may be imposed in those proceedings by theIndustrial Relations Commission in Court Session is the maximumpenalty provided in respect of the offence.

(4) The provisions of section 197 of the Industrial Relations Act 1996, and ofthe regulations under that Act, relating to appeals from a Local Court tothe Industrial Relations Commission in Court Session apply toproceedings before a Local Court for offences against this Act or theregulations.

47A Court may order cause of offence to be remedied

(1) If a court convicts a person of an offence against this Act or theregulations in respect of a matter which appears to the court to be withinthe person’s power to remedy, the court may, in addition to imposing apenalty provided with respect to the offence, order the person to takesuch steps as may be specified in the order for remedying that matterwithin the period specified in the order.

(2) A person must not, without reasonable excuse, fail to comply with anorder under this section.

Maximum penalty: 1,000 penalty units in the case of a corporation and250 penalty units in any other case.

(3) The period in which an order under this section must be complied withmay be extended, or further extended, by order of the court but only ifapplication for such an extension is made before the end of that period.

48 Authority to prosecute

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(1) Proceedings for an offence against this Act or the regulations may beinstituted only:

(a) with the written consent of the Minister or a prescribedofficer, or

(b) by an inspector, or

(c) by the secretary of an industrial organisation of employeesany member or members of which are concerned in thematter to which the proceedings relate.

(2) In proceedings for an offence against this Act or the regulations, aconsent to institute the proceedings, purporting to have been signed bythe Minister or a prescribed officer, shall be evidence of that consentwithout proof of the signature of the Minister or prescribed officer, as thecase may be.

49 Time for instituting proceedings for offences

(1) Notwithstanding anything in any other Act, proceedings for an offenceagainst this Act or the regulations may be instituted within the period of 2years after the act or omission alleged to constitute the offence.

(2) Proceedings for an offence against section 18 (Manufacturers, suppliersetc to ensure health and safety as regards plant substances for use atwork) may be instituted, despite subsection (1):

(a) within 2 years after the act or omission alleged to constitutethe offence, or

(b) within 6 months after it first becomes apparent to theWorkCover Authority that the act or omission alleged toconstitute the offence has occurred,

whichever provides the longer time for proceedings to be instituted.

(3) Proceedings for an offence against section 27 (Notification of accidentsand other matters) may be instituted, despite subsection (1):

(a) within 2 years after the act or omission alleged to constitutethe offence, or

(b) within 6 months after the WorkCover Authority first becomesaware of the act or omission alleged to constitute theoffence,

whichever provides the longer time for proceedings to be instituted.

(4) If a coroner’s inquest or inquiry is held and it appears from the coroner’sreport or proceedings at the inquest or inquiry that an offence has beencommitted against this Act or the regulations, proceedings in respect ofthat offence may be instituted, despite anything to the contrary in thissection, within 2 years after the date the report was made or the inquestor inquiry was concluded, as the case may be.

49A Multiple contraventions of Part 3

(1) More than one contravention of section 15, 16, 17 or 18 by a person thatarise out of the same factual circumstances may be charged as a singleoffence or as separate offences.

(2) This section does not authorise contraventions of 2 or more of thosesections to be charged as a single offence.

(3) A single penalty only may be imposed in respect of more than onecontravention of any such section that is charged as a single offence.

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50 Offences by corporations

(1) Where a corporation contravenes, whether by act or omission, anyprovision of this Act or the regulations, each director of the corporation,and each person concerned in the management of the corporation, shallbe deemed to have contravened the same provision unless he or shesatisfies the court that:

(a) (Repealed)

(b) he or she was not in a position to influence the conduct ofthe corporation in relation to its contravention of theprovision, or

(c) he or she, being in such a position, used all due diligence toprevent the contravention by the corporation.

(2) A person may be proceeded against and convicted under a provisionpursuant to subsection (1) whether or not the corporation has beenproceeded against or been convicted under that provision.

(3) Nothing in subsection (1) prejudices or affects any liability imposed by aprovision of this Act or the regulations on any corporation by which anoffence against the provision is actually committed.

(4) In the case of a corporation which is a council of a local governmentarea, a member of the council (in his or her capacity as such a member)is not to be regarded as a director or person concerned in themanagement of the council for the purposes of this section.

51 Aiding and abetting etc

(1) A person who aids, abets, counsels or procures, or by act or omission isin any way directly or indirectly knowingly concerned in or a party to, thecommission of an offence against this Act or the regulations shall bedeemed to have committed that offence and is punishable accordingly.

(2) Subsection (1) does not apply to a person who is acting in the ordinarycourse of his or her duties as an officer of an industrial union ofemployees or employers.

51A Additional penalty for further offence against the Act

(1) A Court that convicts a person of an offence (the current offence)against this Act may, if the person has previously been convicted of anoffence against this Act (whether the same offence or another), imposeas additional penalty in respect of the current offence not exceeding thefollowing penalties:

(a) if the current offence is an offence against section 15, 16,17 or 18 of this Act—2,500 penalty units in the case of acorporation or 250 penalty units or 2 years imprisonment, orboth, in any other case, or

(b) if the current offence is any other offence against thisAct—50% of the maximum penalty for the offence (that is,50% of the maximum penalty that would apply but for thissection).

(2) For the purposes of section 47 (Summary procedure for offences), themaximum penalty provided in respect of an offence is, in the case of anoffence to which this section applies, taken to include any additionalpenalty that may be imposed under this section.

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(3) This section applies even if the previous offence concerned wascommitted before the commencement of this section.

51B Penalty notices for certain offences

(1) An authorised officer may serve a penalty notice on a person if it appearsto the officer that the person has committed an offence under this Act (orthe regulations under this Act) or a provision of the associatedoccupational health and safety legislation, being an offence prescribed bythe regulations.

(2) A penalty notice is a notice to the effect that, if the person served doesnot wish to have the matter dealt with by a court, the person may pay,within the time and to the person specified in the notice, the amount ofpenalty prescribed by the regulations for the offence if dealt with underthis section.

(3) A penalty notice may be served personally or by post.

(4) If the amount of penalty prescribed for an alleged offence is paid underthis section, no person is liable to any further proceedings for the allegedoffence.

(5) Payment under this section is not to be regarded as an admission ofliability for the purpose of, nor in any way as affecting or prejudicing, anycivil claim, action or proceedings arising out of the same occurrence.

(6) The regulations may:

(a) prescribe an offence for the purposes of this section byspecifying the offence or by referring to the provisioncreating the offence, and

(b) prescribe the amount of penalty payable for the offence ifdealt with under this section, and

(c) prescribe different amounts of penalties for differentoffences or classes of offences.

(7) The amount of a penalty prescribed under this section for an offencemust not exceed the maximum amount of penalty which could beimposed for the offence by a court.

(8) This section does not limit the operation of any other provision of, ormade under, this or any other Act relating to proceedings which may betaken in respect of offences.

(9) In this section:authorised officer means a person declared by the regulations to be anauthorised officer for the purposes of this section.

51C Requirement to give name and address

(1) An authorised officer (within the meaning of section 51B) or an inspectormay require a person whom the officer or inspector reasonably suspectshas committed an offence against this Act or the associated occupationalhealth and safety legislation or any regulation under this Act or thatlegislation to state the person’s residential address and full name and toprovide reasonable proof of the person’s identity.

(2) A person who, without reasonable excuse, fails to comply with arequirement of an officer or inspector under this section is guilty of anoffence.


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(3) A person does not commit an offence against this section if:

(a) the officer or inspector does not, at the time when the officeror inspector makes the requirement, show the person proofof the officer’s or inspector’s authority, or

(b) the officer or inspector does not, at the time when the officeror inspector makes the requirement, warn the person that itwould be an offence not to comply with the requirement.

52 Offence: obstruction or hindering persons in exercise of powers

(1) A person shall not wilfully hinder or obstruct any person in the exercise ofa power conferred by or under this Act.


(2) If an act or omission constitutes an offence under this section and section31N, the offender is not liable to be punished twice in respect of theoffence.

52A Offence: disruption of workplace by creating health or safety fears

(1) A person must not deliberately create a risk (or the appearance of a risk)to the health or safety of persons at a place of work with the intention ofcausing a disruption of work at that place.


(2) It is a defence to any proceeding for an offence against this section if theperson who contravened the section had a reasonable excuse or lawfulauthority for creating the risk or the appearance of the risk.

53 Defence

It shall be a defence to any proceedings against a person for an offenceagainst this Act or the regulations for the person to prove that:

(a) it was not reasonably practicable for the person to complywith the provision of this Act or the regulations the breach ofwhich constituted the offence, or

(b) the commission of the offence was due to causes overwhich the person had no control and against the happeningof which it was impracticable for the person to makeprovision.

54 Evidentiary statements

In a prosecution for an offence against this Act or the regulations, astatement, purporting to be signed by the General Manager of theWorkCover Authority, relating to:

(a) a document or record, being:(i) notification of an accident or other matter

required by the regulations to be notified undersection 27 or required to be notified under anyprovision of the associated occupational healthand safety legislation or regulations made underthat legislation,

(ii) (Repealed)(iii) a certificate of competency issued under section

17 or 17A of the Construction Safety Act 1912,or

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(iv) a certificate, licence or permit issued under aprovision of the regulations, or

(b) any other prescribed matter contained in a prescribed officialdocument or record concerning occupational health andsafety,

and certifying that the contents of the statement are in accordance withthe particulars contained in the document or record, is admissible in anyproceedings and is evidence of the matters contained in the statementwithout proof of the signature of the person by whom the statementpurports to have been signed.

55 Savings and transitional provisions

Schedule 8 has effect.

Part 7 Sentencing guidelines

Division 1 Interpretation

56 Definitions

In this Part:Full Bench means the Full Bench of the Industrial Relations Commissionin Court Session.guideline judgment means a judgment of the Full Bench containingguidelines to be taken into account by the Industrial RelationsCommission in Court Session, a Local Court, the District Court or theSupreme Court in sentencing persons convicted of an offence being:

(a) guidelines that apply generally, or

(b) guidelines that apply to particular courts (or the IndustrialRelations Commission in Court Session) or classes ofcourts, to particular offences or classes of offences, toparticular penalties or classes of penalties or to particularclasses of persons convicted of an offence (but not toparticular persons).

guideline proceedings means proceedings under section 57 on anapplication for a guideline judgment referred to in that section.offence means an offence under this Act, the regulations or theassociated occupational health and safety legislation.State peak council has the meaning that it has in the Dictionary to theIndustrial Relations Act 1996.

Division 2 Applications for sentencing guidelines

57 Guideline judgments on application of Attorney General

(1) The Full Bench may give a guideline judgment on application of theAttorney General.

(2) An application for a guideline judgment may include submissions withrespect to the framing of the guidelines.

37 ANSTAT PTY LTD


(3) An application is not to be made in any proceedings before the FullBench with respect to any particular person.

(4) The powers and jurisdiction of the Full Bench to give a guidelinejudgment in proceedings under this section in relation to an offence arethe same as the powers and jurisdiction that the Court of Criminal Appealhas to give a guideline judgment in a pending proceeding relating to anoffence apart from section 37 of the Crimes (Sentencing Procedure) Act1999.

(5) A guideline judgment under this section may be given separately or maybe included in any judgment of the Full Bench that it considersappropriate.

58 Peak councils may intervene

(1) A State peak council, or a representative of a State peak council who is alegal practitioner, may appear in guideline proceedings.

(2) Without limiting subsection (1), a State peak council or its representativemay do either or both of the following:

(a) make submissions with respect to the framing of theguidelines,

(b) assist the Full Bench with respect to any relevant matter.

59 Full Bench may give persons or organisations leave to appear

(1) The Full Bench may grant leave to any person, organisation orgovernment department or agency (or a representative of any person,organisation, department or agency who is a legal practitioner) to appearin guideline proceedings.

(2) Without limiting subsection (1), any person, organisation, governmentdepartment or agency that is granted leave to appear (or itsrepresentative, if any) may do either or both of the following:

(a) make submissions with respect to the framing of theguidelines,

(b) assist the Full Bench with respect to any relevant matter.

(3) This section does not apply to State peak councils.

60 Alteration of guideline judgments

A guideline judgment given in proceedings under section 57 may bereviewed, varied or revoked in a subsequent guideline judgment of theFull Bench, whether made under that section or apart from it.

61 Discretion of Full Bench preserved

Nothing in this Part:

(a) limits any power or jurisdiction of the Full Bench to give aguideline judgment that the Full Bench has apart fromsection 57, or

(b) requires the Full Bench to give any guideline judgmentunder section 57 if it considers it inappropriate to do so.

62 Rules of Industrial Relations Commission

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Rules of the Industrial Relations Commission may be made under theIndustrial Relations Act 1996 with respect to applications, andproceedings to determine applications, under this Part.

Division 3 Miscellaneous

63 Use of evidence in giving guideline judgments

(1) Nothing in section 12 of the Criminal Appeal Act 1912 or in section 163(2) of the Industrial Relations Act 1996 limits the evidence or othermatters that the Full Bench may take into consideration in giving aguideline judgment (whether or not on an application under this Part) andthe Full Bench may inform itself as it sees fit.

(2) The Full Bench must not increase a sentence in any appeal by reason of,or in consideration of, any evidence that is used by the Full Bench ingiving a guideline judgment in the appeal but was not given in the originalproceedings.

Schedules 1–7 (Repealed)

Schedule 8 Savings and transitional provisions(Section 55)

Part 1 Savings and transitional provisions consequent on enactmentof certain Acts

1 Regulations

(1) The regulations may make regulations containing provisions of a savingsor transitional nature consequent on the enactment of the following Acts:

this Act

Occupational Health and Safety Legislation (Amendment) Act 1994

WorkCover Legislation Amendment Act 1995

Occupational Health and Safety Amendment Act 1997

(2) Any such provision may, if the regulations so provide, take effect as fromthe date of assent to the Act concerned or a later date.

(3) To the extent to which any such provision takes effect from a date that isearlier than the date of its publication in the Gazette, the provision doesnot operate so as:

(a) to affect, in a manner prejudicial to any person (other thanthe State or an authority of the State), the rights of thatperson existing before the date of its publication, or

(b) to impose liabilities on any person (other than the State oran authority of the State) in respect of anything done oromitted to be done before the date of its publication.

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Part 2 Provisions consequent on enactment of the OccupationalHealth and Safety Legislation (Amendment) Act 1994

Division 1 General

2 Definition

In this Part:amending Act means the Occupational Health and Safety Legislation(Amendment) Act 1994.

3 Existing inspectors

(1) An existing inspector is taken to be appointed under Division 4 of Part 3of this Act as amended by the amending Act.

(2) A reference in any other Act, in an instrument made under any Act or inany document of any kind to an existing inspector is to be read as areference to an inspector appointed under this Act as amended.

(3) In this section:existing inspector means:

(a) an inspector appointed under the Factories, Shops andIndustries Act 1962 and holding office immediately beforethe commencement of Schedule 3 (2) to the amending Act,or

(b) an inspector appointed under the Construction Safety Act1912 and holding office immediately before thecommencement of Schedule 2 (2) to the amending Act.

Division 2 Transitional provisions relating to fumigations and pesticides

4 Restriction on use of dangerous substance for fumigation

(1) In this Division:dangerous substance includes:

(a) hydrocyanic acid, or

(b) any other substance prescribed by the regulations to be adangerous substance for the purposes of this Division.

(2) A person who uses any dangerous substance for the purpose offumigating premises is guilty of an offence unless:

(a) the person is the holder of a licence (a fumigation licence)issued by the WorkCover Authority for the purposes of thisDivision, or

(b) the fumigation is carried out under the personal supervisionof the holder of the fumigation licence.

(3) The holder of a fumigation licence must observe and comply with thelicence conditions when using any dangerous substance for the purposeof fumigating premises.


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(4) This clause has effect until the repeal or expiry of the OccupationalHealth and Safety (Fumigations and Pesticides) Regulation referred to inclause 5 (2) (b).

5 Revival of Part 12 of Public Health Regulations

(1) The repeal of Part 12 of the Public Health Regulations by section 10 ofthe Subordinate Legislation Act 1989 on 1 September 1992 is taken tohave been postponed on 2 occasions under that Act and, accordingly,that Part as in force immediately before its repeal did not expire on thatdate.

(2) Part 12 of the Public Health Regulations (as continued in force bysubclause (1)):

(a) is taken to have been made under this Act and may beamended or repealed accordingly, and

(b) may be cited as the Occupational Health and Safety(Fumigations and Pesticides) Regulation.

6 Proclamations under section 71A of Public Health Act 1902

Any proclamation made by the Governor under section 71A of the PublicHealth Act 1902 that was in force immediately before the repeal of thatsection is taken to have continued in force since that repeal and is taken,on the commencement of this clause, to have been made under clause4.

7 Validation—section 71B of Public Health Act 1902 and Part 12 of PublicHealth Regulations

Any act or thing done or purporting to be done before thecommencement of this clause:

(a) under section 71B of the Public Health Act 1902 since therepeal of that section, or

(b) under Part 12 of the Public Health Regulations since therepeal of that Part,

and that would have been validly done if that section or Part hadcontinued in force is validated.

8 Repeal of clause 89 of Public Health Regulation 1991

Clause 89 of the Public Health Regulation 1991 is repealed.

Part 3 Provisions consequent on enactment of the WorkCoverLegislation Amendment Act 1995

9 Definition

In this Part:amending Act means the WorkCover Legislation Amendment Act 1995.

10 Alternative convictions (section 15 and 16)

(1) The amendments made to sections 15 and 16 by the amending Act donot apply in respect of proceedings against a person for an offence

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against section 15 or 16 that were commenced in a court before thecommencement of those amendments.

(2) In respect of any proceedings against a person that are commenced in acourt on or after the commencement of those amendments, theamendments apply whether the offence is alleged to have beencommitted before or after the commencement of those amendments.

11 Increase in penalty that may be imposed by Local Court

(1) The amendment made to section 47 of this Act (Summary procedure foroffences) by the amending Act does not apply in respect of proceedingsfor an offence against this Act or the regulations that were commenced ina Local Court before the commencement of that amendment.

(2) In respect of proceedings commenced on or after the commencement ofthat amendment, the amendment applies whether the offence wascommitted before or after the commencement of the amendment.

12 Power of court to order that contravention of Act or regulations be remedied

Section 47A of this Act (which was inserted by the amending Act) appliesin respect of any person convicted of an offence against this Act or theregulations on or after the commencement of that section, even if theoffence was committed before the commencement of that section.

13 Increase in time limit for institution of offence proceedings

Section 49 (2), (3) and (4) of this Act (as inserted by the amending Act)extend to apply in respect of an act or omission constituting an offenceagainst this Act or the regulations which occurred within 2 years beforethe commencement of those subsections.

14 Change in defences available to directors and managers

The amendment made to section 50 of this Act by the amending Actdoes not apply in respect of a contravention of this Act or the regulationsthat occurred before the commencement of that amendment.

15 Increased penalty for additional offence

(1) The amendment made to section 51A of this Act by the amending Actdoes not apply in respect of proceedings for an offence against this Actwhich was committed before the commencement of that amendment.

(2) Section 51A, as in force immediately before that amendment, continuesto apply in respect of such proceedings as if the amendment had notbeen made.

Part 4 Provisions consequent on enactment of Occupational Healthand Safety Amendment Act 1997

16 Definition

In this Part, amending Act means the Occupational Health and SafetyAmendment Act 1997.

17 Temporary preservation of regulation-making powers under repealedassociated legislation

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Until the end of the period of 3 years after the repeal of the provisions ofthe former associated occupational health and safety legislation referredto in Schedule 2 to the amending Act, regulations may be made underthis Act for or with respect to any matter contained in that legislation orany matter that could have been prescribed by regulation under thatlegislation (but for its repeal).

18 Staged repeal under Subordinate Legislation Act 1989 of regulations to berepealed by amending Act

A regulation that is to be repealed by the amending Act is taken not to berepealed by section 10 of the Subordinate Legislation Act 1989.

19 Saving of existing certificates of competency

(1) This clause applies to any certificate of competency or other permit thatis required to be held under the regulations made under this Act.

(2) A certificate of competency or other permit under an Act or regulation (ora provision of an Act or regulation) repealed by the amending Act that:

(a) was held immediately before that repeal, and

(b) is of a similar kind to a certificate of competency or otherpermit to which this clause applies,

is taken to be a certificate of competency or other permit to which thisclause applies.

(3) This clause is subject to the provisions of the regulations under this Act.

20 Application of amendments to section 18

The amendments made to section 18 by the amending Act:

(a) apply to any plant or substance designed or manufacturedafter (but not before) the commencement of thoseamendments, and

(b) apply to any plant or substance supplied after (but notbefore) the commencement of those amendments,irrespective of when it was designed or manufactured.

21 Application of section 46 (2) (relationship of regulations with Part 3)

Section 46 (2) (as inserted by the amending Act) does not apply toproceedings instituted before the commencement of section 46 (2).

22 Application of section 49A (Multiple contraventions of Part 3)

Section 49A (as inserted by the amending Act) applies to charges madeafter the commencement of that section, whether the offence to which thecharge relates was committed before or after that commencement.

Part 5 Provisions consequent on enactment of Occupational Healthand Safety Amendment (Police Officers) Act 2000

23 Pending proceedings

Section 4 (3A), as inserted by the Occupational Health and SafetyAmendment (Police Officers) Act 2000, extends to acts, matters or things

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that are the subject of proceedings commenced, but not finallydetermined, before the commencement of that Act.

Notes

The following abbreviations are used in the tables of Acts and amendments:Am amended pp pagescl clause Rep repealedcll clauses Sch ScheduleDiv Division Sec sectionGG Government Gazette Secs sectionsIns inserted Subdiv SubdivisionNo number Subst substitutedp page

Table of Acts

Occupational Health and Safety Act 1983 No 20. Assented to 21.4.1983. Date ofcommencement, 4.5.1983, sec 2 (2) and GG No 67 of 4.5.1983, p 2003. This Act hasbeen amended as follows:

1984 No 138 Occupational Health and Safety (Amendment) Act 1984. Assentedto 4.12.1984.

No 153 Statute Law (Miscellaneous Amendments) Act 1984. Assented to10.12.1984.

1985 No 93 Occupational Health and Safety (Workers’ Compensation)Amendment Act 1985. Assented to 5.6.1985.Date of commencement: no day was appointed and the Act wasrepealed by the WorkCover Legislation (Amendment) Act 1989 No121.

1987 No 80 Occupational Health and Safety (Workers Compensation)Amendment Act 1987. Assented to 10.6.1987.Date of commencement, 30.6.1987, sec 2 (2) and GG No 102 of17.6.1987, p 2943.

1988 No 131 Statute Law (Miscellaneous Provisions) Act (No 3) 1988. Assentedto 30.12.1988.Date of commencement of Sch 15, 17.2.1989, sec 2 (2) and GGNo 23 of 17.2.1989, p 1058.

1989 No 121 WorkCover Legislation (Amendment) Act 1989. Assented to24.8.1989.Date of commencement, 1.1.1990, sec 2 and GG No 124 of22.12.1989, p 11040.

1990 No 121 Occupational Health and Safety Legislation (Amendment) Act 1990.Assented to 20.12.1990.Date of commencement, 1.3.1991, sec 2 and GG No 37 of1.3.1991, p 1695.

1991 No 34 Industrial Relations Act 1991. Assented to 11.11.1991.Date of commencement, 31.3.1992, sec 2 and GG No 40 of27.3.1992, p 1978.

No 92 Search Warrants (Amendment) Act 1991. Assented to 17.12.1991.Date of commencement, 20.9.1992, sec 2 and GG No 116 of18.9.1992, p 6837.

No 94 Statute Law (Miscellaneous Provisions) Act (No 2) 1991. Assentedto 17.12.1991.

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Date of commencement of the provision of Sch 1 relating to theOccupational Health and Safety Act 1983, assent, Sch 1.

1992 No 57 Statute Law (Miscellaneous Provisions) Act (No 2) 1992. Assentedto 8.10.1992.Date of commencement of the provisions of Sch 2 relating to theOccupational Health and Safety Act 1983, assent, Sch 2.

No 112 Statute Law (Penalties) Act 1992. Assented to 8.12.1992.Date of commencement, assent, sec 2.

1993 No 46 Statute Law (Miscellaneous Provisions) Act 1993. Assented to15.6.1993.Date of commencement of the provision of Sch 2 relating to theOccupational Health and Safety Act 1983, assent, Sch 2.

1994 No 13 Mines Rescue Act 1994. Assented to 10.5.1994.Date of commencement, 8.7.1994, sec 2 and GG No 90 of8.7.1994, p 3463.

No 5 Occupational Health and Safety Legislation (Amendment) Act 1994.Assented to 2.5.1994.Date of commencement of Sch 1 (1), (2), (4), (6)–(8) and so muchof item (11) as would insert clause 3, 1.10.1994, sec 2 and GG No106 of 19.8.1994, p 4432; date of commencement of Sch 1 (3), (5),(9), (10) and (11) (so much of item (11) as would insert clause 3excepted), 1.8.1994, sec 2 and GG No 90 of 8.7.1994, p 3464.

No 95 Statute Law (Miscellaneous Provisions) Act (No 2) 1994. Assentedto 12.12.1994.Date of commencement of the provision of Sch 1 relating to theOccupational Health and Safety Act 1983, assent, Sch 1.

1995 No 89 WorkCover Legislation Amendment Act 1995. Assented to20.12.1995.Date of commencement of Sch 2, 1.2.1996, sec 2 (1) and GG No155 of 20.12.1995, p 8675. Amended by Statute Law(Miscellaneous Provisions) Act (No 2) 1996 No 121. Assented to3.12.1996. Date of commencement of Sch 2, assent, sec 2 (1).

1996 No 17 Industrial Relations Act 1996. Assented to 13.6.1996.Date of commencement of the provisions of Sch 5 relating to theOccupational Health and Safety Act 1983, 2.9.1996, sec 2 and GGNo 99 of 30.8.1996, p 4983.

No 30 Statute Law (Miscellaneous Provisions) Act 1996. Assented to21.6.1996.Date of commencement of Sch 3, 3 months after assent, sec 2 (3).

No 107 Regulatory Reduction Act 1996. Assented to 2.12.1996.Date of commencement of Sch 1.9, 7.2.1997, sec 2 and GG No 17of 7.2.1997, p 543.

No 120 WorkCover Legislation Amendment Act 1996 No 120. Assented to3.12.1996.Date of commencement of Sch 2.5 [1]–[3]: not in force; date ofcommencement of Sch 2.5 [4]–[8], 12.1.1997, sec 2 and GG No 4of 10.1.1997, p 49.

1997 No 51 Occupational Health and Safety Amendment Act 1997. Assented to2.7.1997.Date of commencement of Sch 1 [1] [2] [4]–[7] [10] and [12]–[14]:not in force; date of commencement of Sch 1 [3] [8] [9] [11] and[15], 1.11.1997, sec 2 and GG No 112 of 17.10.1997, p 8562; dateof commencement of Sch 1 [16], 7.11.1997, sec 2 and GG No 119of 7.11.1997, p 8954.

1998 No 48 Administrative Decisions Tribunal Legislation Amendment Act 1998.Assented to 29.6.1998.Date of commencement of Sch 2.15, 1.1.1999, sec 2 and GG No178 of 24.12.1998, p 9948.

No 85 Workers Compensation Legislation Amendment Act 1998. Assented

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to 14.7.1998.Date of commencement of Sch 2, 1.8.1998, sec 2 and GG No 115of 31.7.1998, p 5747.

No 137 Justices Legislation Amendment (Appeals) Act 1998. Assented to8.12.1998.Date of commencement of Sch 2.20, 1.3.1999, sec 2 and GG No25 of 26.2.1999, p 973.

1999 No 85 Statute Law (Miscellaneous Provisions) Act (No 2) 1999. Assentedto 3.12.1999.Date of commencement of Sch 4, assent, sec 2 (1).

2000 No 9 Occupational Health and Safety Amendment (SentencingGuidelines) Act 2000. Assented to 3.5.2000.Date of commencement, 3.7.2000, sec 2 and GG No 73 of23.6.2000, p 5114.

No 11 Occupational Health and Safety Amendment (Police Officers) Act2000. Assented to 8.5.2000.Date of commencement, assent, sec 2.

Table of amendments

No reference is made to certain amendments made by Schedule 3 (amendments replacinggender-specific language) to the Statute Law (Miscellaneous Provisions) Act 1996.

Sec 3 Rep 1989 No 121, Sch 1.Sec 4 Am 1987 No 80, Sch 1 (1); 1989 No 121, Sch 1; 1991 No 34,

Sch 3; 1994 No 5, Sch 1 (1); 1994 No 95, Sch 1; 1995 No 89,Sch 2 (1); 1996 No 17, Sch 5; 1998 No 85, Sch 2.9; 2000 No11, Sch 1 [1].

Part 2 (secs 7–14) Rep 1989 No 121, Sch 1.Sec 15 Am 1987 No 80, Schs 1 (2), 2 (1); 1990 No 121, Sch 1 (1);

1995 No 89, Sch 2 (2)–(4) (am 1996 No 121, Sch 2.33).Sec 16 Am 1987 No 80, Sch 1 (2); 1990 No 121, Sch 1 (1); 1995 No

89, Sch 2 (5)–(7) (am 1996 No 121, Sch 2.33).Sec 17 Am 1987 No 80, Schs 1 (2), 2 (2); 1990 No 121, Sch 1 (1);

1995 No 89, Sch 2 (8) (9).Sec 18 Am 1987 No 80, Sch 1 (2); 1990 No 121, Sch 1 (1); 1994 No

5, Sch 1 (2); 1995 No 89, Sch 2 (10)–(12). Subst 1997 No 51,Sch 1 [3].

Sec 19 Am 1987 No 80, Sch 1 (3); 1990 No 121, Sch 1 (2); 1995 No89, Sch 2 (13).

Sec 20 Am 1987 No 80, Sch 1 (3); 1990 No 121, Sch 1 (2); 1995 No89, Sch 2 (14).

Sec 21 Am 1987 No 80, Sch 1 (2); 1990 No 121, Sch 1 (1).Sec 21A Ins 1984 No 138, sec 2. Am 1987 No 80, Sch 1 (2); 1990 No

121, Sch 1 (1); 1995 No 89, Sch 2 (15) (16).Secs 21B–21D Ins 1995 No 89, Sch 2 (17).Sec 22 Am 1994 No 5, Sch 1 (3).Sec 23 Am 1987 No 80, Sch 1 (4); 1989 No 121, Sch 1; 1990 No 121,

Sch 1 (3).Sec 24 Am 1995 No 89, Sch 2 (18).Sec 25 Am 1987 No 80, Sch 1 (5); 1990 No 121, Sch 1 (4); 1995 No

89, Sch 2 (19).Sec 26 Am 1987 No 80, Sch 1 (4) (6); 1990 No 121, Sch 1 (3) (5);

1993 No 46, Sch 2; 1995 No 89, Sch 2 (20)–(22).Sec 27 Am 1987 No 80, Sch 1 (4); 1990 No 121, Sch 1 (3); 1995 No

89, Sch 2 (23) (24).

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Sec 27A Ins 1990 No 121, Sch 1 (7). Am 1996 No 107, Sch 1.9.Part 3, Div 4 Subst 1994 No 5, Sch 1 (4).Sec 29 Rep 1989 No 121, Sch 1. Ins 1994 No 5, Sch 1 (4).Sec 30 Subst 1987 No 80, Sch 2 (3); 1994 No 5, Sch 1 (4).Sec 30A Ins 1987 No 80, Sch 2 (3). Am 1991 No 92, Sch 2. Rep 1994

No 5, Sch 1 (4).Sec 31 Subst 1994 No 5, Sch 1 (4).Sec 31A Ins 1994 No 5, Sch 1 (4).Sec 31B Ins 1994 No 5, Sch 1 (4). Subst 1995 No 89, Sch 2 (25).Secs 31C–31H Ins 1994 No 5, Sch 1 (4).Sec 31I Ins 1994 No 5, Sch 1 (4). Am 1995 No 89, Sch 2 (26) (27).Secs 31J–31K Ins 1994 No 5, Sch 1 (4).Sec 31KA Ins 1996 No 120, Sch 2.5 [4].Sec 31L Ins 1994 No 5, Sch 1 (4).Sec 31M Ins 1994 No 5, Sch 1 (4). Subst 1996 No 120, Sch 2.5 [5].Sec 31N Ins 1994 No 5, Sch 1 (4). Am 1996 No 120, Sch 2.5 [6].Secs 31O, 31P Ins 1994 No 5, Sch 1 (4).Sec 31Q Ins 1994 No 5, Sch 1 (4). Am 1996 No 17, Sch 5.Secs 31R–31T Ins 1995 No 89, Sch 2 (28).Sec 31U Ins 1995 No 89, Sch 2 (28). Am 1996 No 120, Sch 2.5 [7].Sec 31UA Ins 1996 No 120, Sch 2.5 [8].Secs 31V–31AE Ins 1995 No 89, Sch 2 (28).Part 3, Div 5 Ins 1995 No 89, Sch 2 (28).Sec 31AF Ins 1995 No 89, Sch 2 (28). Am 1996 No 17, Sch 5.Secs 31AG, 31AH Ins 1995 No 89, Sch 2 (28).Sec 31AI Ins 1995 No 89, Sch 2 (28). Am 1996 No 17, Sch 5.Secs 31AJ–31AP Ins 1995 No 89, Sch 2 (28).Part 3, Div 6 (sec 31AQ) Ins 1995 No 89, Sch 2 (28).Secs 36, 38 Rep 1999 No 85, Sch 4.Sec 39 Am 1994 No 13, Sch 4.Secs 40, 42, 44 Rep 1999 No 85, Sch 4.Part 4A Ins 1987 No 80, Sch 2 (4).Sec 44A Ins 1987 No 80, Sch 2 (4). Am 1989 No 121, Sch 1; 1994 No

5, Sch 1 (5); 1995 No 89, Sch 2 (29).Sec 44B Ins 1987 No 80, Sch 2 (4).Sec 45 Am 1987 No 80, Schs 1 (7), 2 (5); 1990 No 121, Sch 1 (6);

1991 No 94, Sch 1; 1994 No 5, Sch 1 (6); 1995 No 89, Sch 2(30); 1997 No 51, Sch 1 [8] [9].

Sec 46A Ins 1998 No 48, Sch 2.15.Sec 47 Subst 1987 No 80, Sch 1 (8). Am 1991 No 34, Sch 3; 1992 No

112, Sch 1; 1995 No 89, Sch 2 (31) (32); 1996 No 17, Sch 5;1998 No 137, Sch 2.20.

Sec 47A Ins 1995 No 89, Sch 2 (33).Sec 48 Am 1987 No 80, Sch 1 (9); 1988 No 131 Sch 15; 1992 No 57,

Sch 2; 1994 No 5, Sch 1 (7); 1996 No 17, Sch 5.Sec 49 Am 1995 No 89, Sch 2 (34).Sec 49A Ins 1997 No 51, Sch 1 [11].Sec 50 Am 1990 No 121, Sch 1 (8); 1995 No 89, Sch 2 (35).Sec 51A Ins 1987 No 80, Sch 1 (10). Subst 1995 No 89, Sch 2 (36).Sec 51B Ins 1990 No 121, Sch 1 (9).Sec 51C Ins 1995 No 89, Sch 2 (37).Sec 52 Am 1987 No 80, Sch 1 (4); 1990 No 121, Sch 1 (3); 1994 No

5, Sch 1 (8); 1995 No 89, Sch 2 (38) (39).Sec 52A Ins 1994 No 5, Sch 1 (9).Sec 54 Am 1987 No 80, Sch 2 (6); 1989 No 121, Sch 1.Sec 55 Ins 1994 No 5, Sch 1 (10).Part 7, Divs 1–3 (secs56–63)

Ins 2000 No 9, Sch 1.

Sch 1 Rep 1989 No 121, Sch 1.

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Schs 2, 3 Rep 1999 No 85, Sch 4.Sch 4 Am 1984 No 153, Sch 16. Rep 1999 No 85, Sch 4.Schs 5–7 Rep 1999 No 85, Sch 4.Sch 8 Ins 1994 No 5, Sch 1 (11). Am 1995 No 89, Sch 2 (40) (41);

1997 No 51, Sch 1 [15] [16]; 2000 No 11, Sch 1 [2].

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Contents

Part 1 Preliminary1 Name of Act2 Commencement3 (Repealed)4 Definitions5 Objects6 Act to bind Crown

Part 27–14 (Repealed)

Part 3 General provisions relating to health, safety and welfare at work

Division 1 General duties15 Employers to ensure health, safety and welfare of their employees16 Employers and self-employed persons to ensure health and safety of

persons other than employees at places of work17 Persons in control of workplaces, plants and substances used by

non-employees to ensure health and safety18 Designers, manufacturers and suppliers to ensure health and safety as

regards plant and substances for use at work19 Employees at work to take care of others and to co-operate with

employer20 Person not to interfere with or misuse things provided for health, safety

and welfare21 Employer not to charge employees for things done or provided pursuant

to statutory requirement21A Person not to hinder aid to injured worker etc21B Plant or premises involved in dangerous occurrence21C Notice to stop plant or prevent disturbance of premises to allow

inspection21D Review in accordance with section 31U

22 Civil liability not affected by this Division

Division 2 Occupational health and safety committees23 Establishment of occupational health and safety committees in

workplaces24 Functions of occupational health and safety committees25 Powers of members of occupational health and safety committees26 Unlawful dismissal etc of employee

Division 3 Notification of accidents and other matters27 Notification of accidents and other matters

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27A Notification of certain proposed work28 Notification under associated occupational health and safety legislation

Division 4 Appointment and powers of inspectors29 Definitions30 Application of Division

30A (Repealed)31 Appointment of inspectors

31A Powers of entry for places of work31B Notice of entry31C Authority to enter premises31D Use of force on entry31E Notification of use of force on entry31F Compensation31G Entry to domestic premises31H Search warrant31I Powers available on entry31J Care to be taken31K Inspector may request assistance

31KA Power of inspectors to obtain information, documents and evidence31L Attendance of inspector at coronial inquest

31M Protection from incrimination31N Offence: obstruction and compliance31O Offence: impersonating an inspector31P Disclosure of information31Q Power of employees’ representative to accompany inspector31R Inspector may issue improvement notices31S Inspector may issue prohibition notices31T Notices may include directions31U Review of notices

31UA Application to Industrial Magistrate for stay of prohibition notice31V Withdrawal of notices

31W Revocation or withdrawal of notice does not prevent issue of anothernotice

31X Service and exhibition of notices31Y Proceedings for offences not affected by notices31Z Notice of taking or dismantling

31AA Powers supporting taking31AB Receipt for things taken31AC Forfeiture of things taken31AD Return of things taken31AE Access to things taken

Division 5 Entry and inspection powers of employees’representatives

31AF Definitions31AG Powers of entry of places of work31AH Notice of entry31AI Authority to enter premises31AJ Entry to domestic premises31AK Powers available on entry31AL Care to be taken

31AM Authorised officer may request assistance from inspector31AN Offence of obstructing authorised officer

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31AO Offence of impersonating an authorised officer31AP Disclosure of information

Division 6 Miscellaneous31AQ Minister may require and publish special reports into accidents and

dangerous occurrences

Part 4 Associated occupational health and safety legislation

Division 1 Preliminary32 Saving33 This Act to prevail34 Double jeopardy

Division 2 Factories, shops and industries legislation35 Factories, Shops and Industries Act 196236 (Repealed)

Division 3 Construction safety legislation37 Construction Safety Act 191238 (Repealed)

Division 4 Mining legislation39 Mines Inspection Act 1901 etc40 (Repealed)

Division 5 Dangerous goods legislation41 Dangerous Goods Act 197542 (Repealed)

Division 6 Rural workers accommodation legislation43 Rural Workers Accommodation Act 196944 (Repealed)

Part 4A Industry codes of practice44A Industry codes of practice44B Use of industry codes of practice

Part 5 Regulations45 Regulations46 Adaptation of Part 3

46A Regulations may prescribe decisions that are to be reviewable byAdministrative Decisions Tribunal

Part 6 Offences47 Summary procedure for offences

47A Court may order cause of offence to be remedied

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48 Authority to prosecute49 Time for instituting proceedings for offences

49A Multiple contraventions of Part 350 Offences by corporations51 Aiding and abetting etc

51A Additional penalty for further offence against the Act51B Penalty notices for certain offences51C Requirement to give name and address

52 Offence: obstruction or hindering persons in exercise of powers52A Offence: disruption of workplace by creating health or safety fears

53 Defence54 Evidentiary statements55 Savings and transitional provisions

Part 7 Sentencing guidelines

Division 1 Interpretation56 Definitions

Division 2 Applications for sentencing guidelines57 Guideline judgments on application of Attorney General58 Peak councils may intervene59 Full Bench may give persons or organisations leave to appear60 Alteration of guideline judgments61 Discretion of Full Bench preserved62 Rules of Industrial Relations Commission

Division 3 Miscellaneous63 Use of evidence in giving guideline judgments

Schedules

1–7 (Repealed)8 Savings and transitional provisions

Notes

Table of ActsTable of amendments

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Documents

Occupational Health and Safety Act 1983 No. 20