Commonwealth Consolidated Acts

WORK HEALTH AND SAFETY ACT 2011

TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY

           Division 1--Introduction

   1.      Short title  
   2.      Commencement  

           Division 2--Object

   3.      Object  

           Division 3--Interpretation

              Subdivision 1--Definitions

   4.      Definitions  

              Subdivision 2--Other important terms

   5.      Meaning of person conducting a business or undertaking  
   6.      Meaning of supply  
   7.      Meaning of worker  
   8.      Meaning of workplace  
   9.      Examples and notes  

           Division 4--Application of Act

   10.     Act binds the Commonwealth  
   11.     Extraterritorial application  
   12.     Scope  
   12A.    Act does not apply to certain vessels, structures and facilities  
   12B.    Duty to consult etc. where law of more than one jurisdiction applies to the same matter  
   12C.    Act not to prejudice national security  
   12D.    Act not to prejudice Australia's defence  
   12E.    Act not to prejudice certain police operations  
   12F.    Interaction with Commonwealth criminal law  

   PART 2--HEALTH--AND SAFETY DUTIES

           Division 1--Introductory

              Subdivision 1--Principles that apply to duties

   13.     Principles that apply to duties  
   14.     Duties not transferrable  
   15.     Person may have more than 1 duty  
   16.     More than 1 person can have a duty  
   17.     Management of risks  

              Subdivision 2--What is reasonably practicable

   18.     What is reasonably practicable in ensuring health and safety  

           Division 2--Primary duty of care

   19.     Primary duty of care  

           Division 3--Further duties of persons conducting businesses or undertakings

   20.     Duty of persons conducting businesses or undertakings involving management or control of workplaces  
   21.     Duty of persons conducting businesses or undertakings involving management or control of fixtures, fittings or plant at workplaces  
   22.     Duties of persons conducting businesses or undertakings that design plant, substances or structures  
   23.     Duties of persons conducting businesses or undertakings that manufacture plant, substances or structures  
   24.     Duties of persons conducting businesses or undertakings that import plant, substances or structures  
   25.     Duties of persons conducting businesses or undertakings that supply plant, substances or structures  
   26.     Duty of persons conducting businesses or undertakings that install, construct or commission plant or structures  

           Division 4--Duty of officers, workers and other persons

   27.     Duty of officers  
   28.     Duties of workers  
   29.     Duties of other persons at the workplace  

           Division 5--Offences and penalties

   30.     Health and safety duty  
   30A.    Industrial manslaughter  
   31.     Negligence or reckless conduct--Category 1  
   32.     Failure to comply with health and safety duty--Category 2  
   33.     Failure to comply with health and safety duty--Category 3  
   34.     Exceptions  

   PART 3--INCIDENT--NOTIFICATION

   35.     What is a notifiable incident  
   36.     What is a serious injury or illness  
   37.     What is a dangerous incident  
   38.     Duty to notify of notifiable incidents  
   39.     Duty to preserve incident sites  

   PART 4--AUTHORISATIONS

   40.     Meaning of authorised  
   41.     Requirements for authorisation of workplaces  
   42.     Requirements for authorisation of plant or substance  
   43.     Requirements for authorisation of work  
   44.     Requirements for prescribed qualifications or experience  
   45.     Requirement to comply with conditions of authorisation  

   PART 5--CONSULTATION--, REPRESENTATION AND PARTICIPATION

           Division 1--Consultation, co-operation and co-ordination between duty holders

   46.     Duty to consult with other duty holders  

           Division 2--Consultation with workers

   47.     Duty to consult workers  
   48.     Nature of consultation  
   49.     When consultation is required  

           Division 3--Health and safety representatives

              Subdivision 1--Request for election of health and safety representatives

   50.     Request for election of health and safety representative  

              Subdivision 2--Determination of work groups

   51.     Determination of work groups  
   52.     Negotiations for agreement for work group  
   53.     Notice to workers  
   54.     Failure of negotiations  

              Subdivision 3--Multiple-business work groups

   55.     Determination of work groups of multiple businesses  
   56.     Negotiation of agreement for work groups of multiple businesses  
   57.     Notice to workers  
   58.     Withdrawal from negotiations or agreement involving multiple businesses  
   59.     Effect of Subdivision on other arrangements  

              Subdivision 4--Election of health and safety representatives

   60.     Eligibility to be elected  
   61.     Procedure for election of health and safety representatives  
   62.     Eligibility to vote  
   63.     When election not required  
   64.     Term of office of health and safety representative  
   65.     Disqualification of health and safety representatives  
   66.     Immunity of health and safety representatives  
   67.     Deputy health and safety representatives  

              Subdivision 5--Powers and functions of health and safety representatives

   68.     Powers and functions of health and safety representatives  
   69.     Powers and functions generally limited to the particular work group  

              Subdivision 6--Obligations of person conducting business or undertaking to health and safety representatives

   70.     General obligations of person conducting business or undertaking  
   71.     Exceptions from obligations under section 70(1)  
   72.     Obligation to train health and safety representatives  
   73.     Obligation to share costs if multiple businesses or undertakings  
   74.     List of health and safety representatives  

           Division 4--Health and safety committees

   75.     Health and safety committees  
   76.     Constitution of committee  
   77.     Functions of committee  
   78.     Meetings of committee  
   79.     Duties of person conducting business or undertaking  

           Division 5--Issue resolution

   80.     Parties to an issue  
   81.     Resolution of health and safety issues  
   82.     Referral of issue to regulator for resolution by inspector  

           Division 6--Right to cease or direct cessation of unsafe work

   83.     Definition of cease work under this Division  
   84.     Right of worker to cease unsafe work  
   85.     Health and safety representative may direct that unsafe work cease  
   86.     Worker to notify if ceases work  
   87.     Alternative work  
   88.     Continuity of engagement of worker  
   89.     Request to regulator to appoint inspector to assist  

           Division 7--Provisional improvement notices

   90.     Provisional improvement notices  
   91.     Provisional improvement notice to be in writing  
   92.     Contents of provisional improvement notice  
   93.     Provisional improvement notice may give directions to remedy contravention  
   94.     Minor changes to provisional improvement notice  
   95.     Issue of provisional improvement notice  
   96.     Health and safety representative may cancel notice  
   97.     Display of provisional improvement notice  
   98.     Formal irregularities or defects in notice  
   99.     Offence to contravene a provisional improvement notice  
   100.    Request for review of provisional improvement notice  
   101.    Regulator to appoint inspector to review notice  
   102.    Decision of inspector on review of provisional improvement notice  

           Division 8--Part not to apply to prisoners

   103.    Part does not apply to prisoners  

   PART 6--DISCRIMINATORY--, COERCIVE AND MISLEADING CONDUCT

           Division 1--Prohibition of discriminatory, coercive or misleading conduct

   104.    Prohibition of discriminatory conduct  
   105.    What is discriminatory conduct  
   106.    What is a prohibited reason  
   107.    Prohibition of requesting, instructing, inducing, encouraging, authorising or assisting discriminatory conduct  
   108.    Prohibition of coercion or inducement  
   109.    Misrepresentation  

           Division 2--Criminal proceedings in relation to discriminatory conduct

   110.    Proof of discriminatory conduct  
   111.    Order for compensation or reinstatement  

           Division 3--Civil proceedings in relation to discriminatory or coercive conduct

   112.    Civil proceedings in relation to engaging in or inducing discriminatory or coercive conduct  
   113.    Procedure for civil actions for discriminatory conduct  

           Division 4--General

   114.    General provisions relating to orders  
   115.    Prohibition of multiple actions  

   PART 7--WORKPLACE--ENTRY BY WHS ENTRY PERMIT HOLDERS

           Division 1--Introductory

   116.    Definitions  

           Division 2--Entry to inquire into suspected contraventions

   117.    Entry to inquire into suspected contraventions  
   118.    Rights that may be exercised while at workplace  
   119.    Notice of entry  
   120.    Entry to inspect employee records or information held by another person  

           Division 3--Entry to consult and advise workers

   121.    Entry to consult and advise workers  
   122.    Notice of entry  

           Division 4--Requirements for WHS entry permit holders

   123.    Contravening WHS entry permit conditions  
   124.    WHS entry permit holder must also hold permit under other law  
   125.    WHS entry permit to be available for inspection  
   126.    When right may be exercised  
   127.    Where the right may be exercised  
   128.    Work health and safety requirements  
   129.    Residential premises  
   130.    WHS entry permit holder not required to disclose names of workers  

           Division 5--WHS entry permits

   131.    Application for WHS entry permit  
   132.    Consideration of application  
   133.    Eligibility criteria  
   134.    Issue of WHS entry permit  
   135.    Conditions on WHS entry permit  
   136.    Term of WHS entry permit  
   137.    Expiry of WHS entry permit  
   138.    Application to revoke WHS entry permit  
   139.    Authorising authority must permit WHS entry permit holder to show cause  
   140.    Determination of application  

           Division 6--Dealing with disputes

   141.    Application for assistance of inspector to resolve dispute  
   142.    Authorising authority may deal with a dispute about a right of entry under this Act  
   143.    Contravening order made to deal with dispute  

           Division 7--Prohibitions

   144.    Person must not refuse or delay entry of WHS entry permit holder  
   145.    Person must not hinder or obstruct WHS entry permit holder  
   146.    WHS entry permit holder must not delay, hinder or obstruct any person or disrupt work at workplace  
   147.    Misrepresentations about things authorised by this Part  
   148.    Unauthorised use or disclosure of information or documents  

           Division 8--General

   149.    Return of WHS entry permits  
   150.    Union to provide information to authorising authority  
   151.    Register of WHS entry permit holders  

   PART 8--THE--REGULATOR

           Division 1--Functions of regulator

   152.    Functions of regulator  
   153.    Powers of regulator  
   154.    Delegation by regulator  

           Division 2--Powers of regulator to obtain information

   155.    Powers of regulator to obtain information  

   PART 9--SECURING--COMPLIANCE

           Division 1--Appointment of inspectors

   156.    Appointment of inspectors  
   157.    Identity cards  
   158.    Accountability of inspectors  
   159.    Suspension and ending of appointment of inspectors  

           Division 2--Functions and powers of inspectors

   160.    Functions and powers of inspectors  
   161.    Conditions on inspectors' compliance powers  
   162.    Inspectors subject to regulator's directions  

           Division 3--Powers relating to entry

              Subdivision 1--General powers of entry

   163.    Powers of entry  
   164.    Notification of entry  
   165.    General powers on entry  
   165A.   Powers relating to electronic equipment  
   165B.   Expert assistance to operate electronic equipment  
   166.    Persons assisting inspectors  

              Subdivision 2--Search warrants

   167.    Search warrants  
   168.    Announcement before entry on warrant  
   169.    Copy of warrant to be given to person with management or control of place  

              Subdivision 3--Limitation on entry powers

   170.    Places used for residential purposes  

              Subdivision 4--Specific powers on entry

   171.    Power to require production of documents and answers to questions  
   172.    Abrogation of privilege against self - incrimination  
   173.    Warning to be given  
   174.    Powers to copy and retain documents  
   175.    Power to seize evidence etc.  
   176.    Inspector's power to seize dangerous workplaces and things  
   177.    Powers supporting seizure  
   178.    Receipt for seized things  
   179.    Forfeiture of seized things  
   180.    Return of seized things  
   181.    Access to seized things  

           Division 4--Damage and compensation

   182.    Damage etc. to be minimised  
   183.    Inspector to give notice of damage  
   184.    Compensation  

           Division 5--Other matters

   185.    Power to require name and address  
   186.    Inspector may take affidavits  
   187.    Attendance of inspector at coronial inquests  

           Division 6--Offences in relation to inspectors

   188.    Offence to hinder or obstruct inspector  
   189.    Offence to impersonate inspector  
   190.    Offence to assault, threaten or intimidate inspector  

   PART 10--ENFORCEMENT--MEASURES

           Division 1--Improvement notices

   191.    Issue of improvement notices  
   192.    Contents of improvement notices  
   193.    Compliance with improvement notice  
   194.    Extension of time for compliance with improvement notices  

           Division 2--Prohibition notices

   195.    Power to issue prohibition notice  
   196.    Contents of prohibition notice  
   197.    Compliance with prohibition notice  

           Division 3--Non-disturbance notices

   198.    Issue of non - disturbance notice  
   199.    Contents of non - disturbance notice  
   200.    Compliance with non - disturbance notice  
   201.    Issue of subsequent notices  

           Division 4--General requirements applying to notices

   202.    Application of Division  
   203.    Notice to be in writing  
   204.    Directions in notices  
   205.    Recommendations in notice  
   206.    Changes to notice by inspector  
   207.    Regulator may vary or cancel notice  
   208.    Formal irregularities or defects in notice  
   209.    Issue and giving of notice  
   210.    Display of notice  

           Division 5--Remedial action

   211.    When regulator may carry out action  
   212.    Power of the regulator to take other remedial action  
   213.    Costs of remedial or other action  

           Division 6--Injunctions

   214.    Application of Division  
   215.    Injunctions for noncompliance with notices  

   PART 11--ENFORCEABLE--UNDERTAKINGS

   216.    Regulator may accept WHS undertakings  
   217.    Notice of decision and reasons for decision  
   218.    When a WHS undertaking is enforceable  
   219.    Compliance with WHS undertaking  
   220.    Contravention of WHS undertaking  
   221.    Withdrawal or variation of WHS undertaking  
   222.    Proceeding for alleged contravention  

   PART 12--REVIEW--OF DECISIONS

           Division 1--Reviewable decisions

   223.    Which decisions are reviewable  

           Division 2--Internal review

   224.    Application for internal review  
   225.    Internal reviewer  
   226.    Decision of internal reviewer  
   227.    Decision on internal review  
   228.    Stays of reviewable decisions on internal review  

           Division 3--External review

   229.    Application for external review  

   PART 13--LEGAL--PROCEEDINGS

           Division 1--General matters

   230.    Prosecutions  
   231.    Procedure if prosecution is not brought  
   232.    Limitation period for prosecutions  
   233.    Multiple contraventions of health and safety duty provision  

           Division 2--Sentencing for offences

   234.    Application of this Division  
   235.    Orders generally  
   236.    Adverse publicity orders  
   237.    Orders for restoration  
   238.    Work health and safety project orders  
   239.    Release on the giving of a court - ordered WHS undertaking  
   240.    Injunctions  
   241.    Training orders  
   242.    Offence to fail to comply with order  

           Division 3--Infringement notices

   243.    Infringement notices  
   243A.   Matters to be included in an infringement notice  
   243B.   Extension of time to pay amount  
   243C.   Withdrawal of an infringement notice  
   243D.   Effect of payment of amount  
   243E.   Effect of this Division  

           Division 4--Offences by bodies corporate

   244.    Definitions  
   244A.   Physical elements  
   244B.   Fault elements other than negligence  
   244BA.  Negligence  
   244C.   Mistake of fact  
   244D.   Failure to take reasonable precautions  
   244E.   How this Division applies to public authorities  

           Division 5--The Commonwealth

   245.    Definitions  
   245A.   Offences and the Commonwealth--physical elements  
   245B.   Offences and the Commonwealth--fault elements other than negligence  
   245BA.  Offences and the Commonwealth--negligence  
   245C.   Offences and the Commonwealth--mistake of fact  
   245D.   Offences and the Commonwealth--failure to take reasonable precautions  
   245E.   Offences and the Commonwealth--penalties  
   246.    WHS civil penalty provisions and the Commonwealth  
   247.    Officers  
   248.    Responsible agency for the Commonwealth  

           Division 6--Public authorities

   249.    Application to public authorities that are bodies corporate  
   250.    Proceedings against public authorities  
   251.    Offences and public authorities  
   252.    Officer of public authority  
   253.    Proceedings against successors to public authorities  

           Division 7--WHS civil penalty provisions

   254.    When is a provision a WHS civil penalty provision  
   255.    Proceedings for contravention of WHS civil penalty provision  
   256.    Involvement in contravention treated in same way as actual contravention  
   257.    Contravening a civil penalty provision is not an offence  
   258.    Civil proceeding rules and procedure to apply  
   259.    Proceeding for a contravention of a WHS civil penalty provision  
   260.    Proceeding may be brought by the regulator or an inspector  
   261.    Limitation period for WHS civil penalty proceedings  
   262.    Recovery of a monetary penalty  
   263.    Civil double jeopardy  
   264.    Criminal proceedings during civil proceedings  
   265.    Criminal proceedings after civil proceedings  
   266.    Evidence given in proceedings for contravention of WHS civil penalty provision not admissible in criminal proceedings  

           Division 8--Civil liability not affected by this Act

   267.    Civil liability not affected by this Act  

   PART 14--GENERAL

           Division 1--General provisions

   268.    Offence to give false or misleading information  
   269.    Act does not affect legal professional privilege  
   270.    Immunity from liability  
   271.    Confidentiality of information  
   271A.   Additional ways that regulator may use and share information  
   272.    No contracting out  
   272A.   No insurance or other indemnity against penalties  
   272B.   Liability of officers for offences by body corporate under s 272A  
   273.    Person not to levy workers  
   273A.   Conferral of jurisdiction  
   273B.   Application of the Legislation Act 2003  

           Division 2--Codes of practice

   274.    Approved codes of practice  
   275.    Use of codes of practice in proceedings  

           Division 3--Regulation-making powers

   276.    Regulation - making powers  
           SCHEDULE 1 Application of Act to dangerous goods and high risk plant
           SCHEDULE 2 The regulator and local tripartite consultation arrangements and other local arrangements
           SCHEDULE 3 Regulation-making powers
           SCHEDULE 4 Penalty amounts