Commonwealth Consolidated Acts

SAFE WORK AUSTRALIA ACT 2008 - SECT 28

WHS Ministers to approve or refuse plan

  (1)   If the draft corporate plan is given to the WHS Ministers, the WHS Ministers must:

  (a)   approve the draft plan; or

  (b)   refuse to approve the draft plan.

Note:   The WHS Ministers give approvals or refusals by resolution of the WHS Ministers: see section   69.

WHS Ministers' directions to alter plan

  (2)   If the WHS Ministers refuse to approve the draft plan, the WHS Ministers must direct the CEO to:

  (a)   make specified alterations to the draft plan; and

  (b)   give the altered draft plan to the Council within the period specified in the direction.

Note:   The WHS Ministers give directions by resolution of the WHS Ministers: see section   69.

  (3)   A direction under subsection   (2):

  (a)   may only specify an alteration to the draft plan about the following matters:

  (i)   the outcomes to be achieved by Safe Work Australia;

  (ii)   the strategies Safe Work Australia is to follow to achieve those outcomes; and

  (b)   must not specify an alteration dealing with the allocation of resources for the performance of Safe Work Australia's functions.

CEO to comply with WHS Ministers' directions

  (4)   The CEO must comply with a direction under subsection   (2).

When WHS Ministers must approve plan

  (5)   The WHS Ministers must approve the altered draft plan if:

  (a)   the altered draft plan is given to the WHS Ministers; and

  (b)   the alterations are in accordance with the direction.

Otherwise, the WHS Ministers may refuse to approve the altered draft plan.

Note:   The WHS Ministers give approvals or refusals by resolution of the WHS Ministers: see section   69.

Corporate plan

  (6)   When the draft corporate plan, or altered draft corporate plan, as the case may be, is approved by the WHS Ministers, that plan is to be given to the Minister under section   35 of the Public Governance, Performance and Accountability Act 2013 .

Directions etc. not legislative instruments

  (8)   If a direction, an approval or a refusal of the WHS Ministers under this section is made in writing, the direction, approval or refusal is not a legislative instrument.