Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo. 84, 2009
Compilation No. 6
Compilation date: 21 September 2023
Includes amendments up to: Act No. 9, 2023
Registered: 26 September 2023
About this compilation
This compilation
This is a compilation of the Safe Work Australia Act 2008 that shows the text of the law as amended and in force on 21 September 2023 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1--Preliminary
1 Short title
2 Commencement
3 What this Act is about
Part 2--Establishment and functions of Safe Work Australia
5 Establishment
5A Object
6 Functions
7 Performance of functions
8 Immunities and privileges
Part 3--Membership of Safe Work Australia
Division 1--What this Part is about
9 What this Part is about
Division 2--Membership and appointment
10 Membership of Safe Work Australia
11 Appointment of the Chair
12 Appointment of acting Chair
13 Appointment of the Commonwealth representative
14 Appointment of each State and Territory representative
15 Appointment of workers' representatives
16 Appointment of employers' representatives
Division 3--Terms and conditions of voting members
Subdivision A--Terms and conditions that apply to all voting members
17 Basis and period of appointment of all voting members
18 Disclosure of interests
19 Resignation of voting members
20 Termination of appointment of voting members
Subdivision B--Terms and conditions that apply only to the Chair
21 Remuneration of the Chair
22 Leave of absence of the Chair
23 Other terms and conditions of the Chair
Subdivision C--Terms and conditions etc. that apply only to other voting members
24 Leave of absence of other voting members
25 Application of the Remuneration Tribunal Act
Part 4--Planning by Safe Work Australia
Division 1--What this Part is about
26 What this Part is about
Division 2--Corporate plan for Safe Work Australia
27 Draft corporate plan
28 Approval of draft corporate plan
Division 3--Operational plan of Safe Work Australia
29 CEO to prepare a draft operational plan
30 Approval of draft operational plan
Division 4--WHS Ministers' directions to alter corporate or operational plans
31 WHS Ministers' directions to alter corporate plan
32 WHS Ministers' directions to alter operational plan
Part 5--Decision-making by Safe Work Australia
Division 1--What this Part is about
33 What this Part is about
Division 2--Meetings of Safe Work Australia
34 Holding of meetings
35 Presiding at meetings
36 Substitution of voting members at meetings
37 Quorum at meetings
38 Decisions at meetings etc.
39 Conduct of meetings
41 Minutes
Division 3--Decisions without meetings
42 Decisions without meetings
Part 6--The CEO, staff and committees of Safe Work Australia, and others assisting
Division 1--What this Part is about
43 What this Part is about
Division 2--The CEO of Safe Work Australia
Subdivision A--Functions of the CEO
44 The CEO
45 Functions of the CEO
46 Directions from the Minister
48 Directions from Safe Work Australia
49 CEO to keep Safe Work Australia informed
Subdivision B--Appointment of the CEO
50 Appointment of CEO
51 Appointment of acting CEO
Subdivision C--Terms and conditions of the CEO
52 Remuneration of the CEO
53 Leave of absence of the CEO
54 Other employment of the CEO
56 Resignation of the CEO
57 Termination of appointment of the CEO
58 Other terms and conditions of the CEO
Division 3--Staff and committees of Safe Work Australia, and others assisting it
Subdivision A--Staff of Safe Work Australia
59 Staff of Safe Work Australia
Subdivision B--Committees of Safe Work Australia
60 Committees of Safe Work Australia
Subdivision C--Others assisting Safe Work Australia
61 Persons assisting Safe Work Australia
62 Consultants
Part 7--The Safe Work Australia Special Account
63 What this Part is about
64 The Safe Work Australia Special Account
65 Credits to the Account
66 Purposes of the Account
Part 7A--Information-gathering powers
66A Simplified outline of this Part
66B CEO may obtain information
Part 8--Miscellaneous
67 Delegation by Safe Work Australia
68 Delegation by the CEO of Safe Work Australia
69 How WHS Ministers give directions etc.
70 Annual report
71 Intergovernmental Agreement to be available on the Internet
72 Review of Safe Work Australia's role and functions
73 Regulations
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
84, 2009 | 18 Sept 2009 | s 3-73: 1 Nov 2009 (s 2(1) item 2) |
| |
46, 2011 | 27 June 2011 | Sch 2 (items 1007-1019) and Sch 3 (items 10, 11): 27 Dec 2011 (s 2(1) items 7, 12) | Sch 3 (items 10, 11) | |
62, 2014 | 30 June 2014 | Sch 6 (items 70, 71) and Sch 12 (items 32-74) and Sch 14: 1 July 2014 (s 2(1) items 6, 14) | Sch 14 | |
as amended by |
|
|
|
|
Public Governance and Resources Legislation Amendment Act (No. 1) 2015 | 36, 2015 | 13 Apr 2015 | Sch 2 (items 7-9) and Sch 7: 14 Apr 2015 (s 2) | Sch 7 |
as amended by |
|
|
|
|
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (item 486): 5 Mar 2016 (s 2(1) item 2) | -- |
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (item 495): 5 Mar 2016 (s 2(1) item 2) | -- |
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (item 509): 5 Mar 2016 (s 2(1) item 2) | -- |
86, 2017 | 16 Aug 2017 | 17 Aug 2017 (s 2(1) item 1) | Sch 1 (item 9) | |
9, 2023 | 21 Mar 2023 | Sch 1 (item 1): 21 Sept 2023 (s 2(1) item 1) | -- |
Provision affected | How affected | |
Part 1 |
| |
s 3..................... | am No 86, 2017 | |
s 4..................... | am No 86, 2017 | |
Part 2 |
| |
s 5..................... | am No 62, 2014 | |
s 5A.................... | ad No 86, 2017 | |
s 6..................... | am No 86, 2017 | |
s 7..................... | am No 62, 2014 | |
Part 3 |
| |
Division 2 |
| |
s 11.................... | am No 46, 2011; No 86, 2017 | |
s 12.................... | am No 46, 2011; No 86, 2017 | |
Division 3 |
| |
Subdivision A |
| |
s 17.................... | am. No. 46, 2011 | |
s 18.................... | rs No 62, 2014 | |
s 20.................... | am No 62, 2014 | |
Part 4 |
| |
Division 1 |
| |
s 26.................... | rs No 62, 2014 | |
| am No 86, 2017 | |
| ed C5 | |
Division 2 |
| |
Division 2 heading.......... | rs No 62, 2014 | |
s 27.................... | rs No 62, 2014 | |
| am No 86, 2017 | |
s 28.................... | am No 62, 2014; No 86, 2017 | |
Division 3 |
| |
s 29.................... | am No 62, 2014; No 86, 2017 | |
s 30.................... | am No 62, 2014; No 86, 2017 | |
Division 4 |
| |
Division 4 heading.......... | rs No 62, 2014; No 86, 2017 | |
s 31.................... | am No 62, 2014; No 86, 2017 | |
s 32.................... | am No 62, 2014; No 86, 2017 | |
Part 5 |
| |
Division 1 |
| |
s 33.................... | am No 86, 2017 | |
Division 2 |
| |
s 36.................... | am No 62, 2014 | |
s 37.................... | am No 62, 2014; No 86, 2017 | |
s 38.................... | am No 86, 2017 | |
s 40.................... | rep No 62, 2014 | |
Division 3 |
| |
s 42.................... | am No 86, 2017 | |
Part 6 |
| |
Division 1 |
| |
s 43.................... | am No 62, 2014 | |
Division 2 |
| |
Subdivision A |
| |
s 45.................... | am No 62, 2014 | |
s 46.................... | am No 126, 2015 | |
s 47.................... | rep No 62, 2014 | |
s 48.................... | am No 62, 2014 | |
Subdivision B |
| |
s 50.................... | am No 46, 2011 | |
s 51.................... | am No 46, 2011 | |
Subdivision C |
| |
s 55.................... | rep No 62, 2014 | |
s 57.................... | am No 62, 2014 | |
Part 7 |
| |
s 64.................... | am No 62, 2014 | |
s 65.................... | am No 62, 2014 | |
Part 7A |
| |
Part 7A.................. | ad No 9, 2023 | |
s 66A................... | ad No 9, 2023 | |
s 66B................... | ad No 9, 2023 | |
Part 8 |
| |
s 69.................... | rs No 86, 2017 | |
s 70.................... | rs No 62, 2014 | |
| am No 86, 2017 | |