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This is a Bill, not an Act. For current law, see the Acts databases.
OCCUPATIONAL HEALTH AND SAFETY (REGULATORY SERVICES) LEGISLATION AMENDMENT BILL 2007
2007
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Contents
Page
Part
2.1 Crimes Act 1900 14
Part 2.2 Magistrates
Court (Occupational Health and Safety Infringement Notices) Regulation
2004 15
Part 2.3 Magistrates
Court (Workers Compensation Infringement Notices) Regulation
2006 15
Part
2.4 Occupational Health and Safety
(Certification of Plant Users and Operators) Regulation
2000 16
Part
2.5 Occupational Health and Safety Regulation
1991 17
Part 2.6 Public
Sector Management Act 1994 18
2007
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Occupational Health
and Safety (Regulatory Services) Legislation Amendment Bill
2007
A Bill for
An Act to amend the Occupational Health and Safety Act 1989, and for
other purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Occupational Health and Safety (Regulatory Services)
Legislation Amendment Act 2007.
This Act commences on the day after its notification day.
Note The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
This Act amends the Occupational Health and Safety Act
1989.
Note This Act also amends the following legislation (see sch
2):
• Crimes Act 1900
• Magistrates Court (Occupational Health and Safety Infringement
Notices) Regulation 2004
• Magistrates Court (Workers Compensation Infringement Notices)
Regulation 2006
• Occupational Health and Safety (Certification of Plant Users and
Operators) Regulation 2000
• Occupational Health and Safety Regulation 1991
• Public Sector Management Act 1994.
4 FunctionsSection
27 (2)
substitute
(2) In exercising a function mentioned in subsection (1) (a) to (e),
neither the commissioner nor a member of the staff assisting the commissioner is
subject to direction by the chief executive.
5 StaffSection
34 (2) and (3)
omit
substitute
35 Delegation by commissioner
The commissioner may delegate the commissioner’s functions under a
Territory law to a member of the staff assisting the commissioner.
Note For the making of delegations and the exercise of delegated
functions, see the Legislation Act, pt 19.4.
7 Meaning
of inspector in div 8.2Section
183
omit
8 Internally
reviewable decisions, reviewable decisions and eligible
peopleSection 184 (c) and
(d)
substitute
(c) a decision of the chief executive mentioned in schedule 1,
part 1.2 is a reviewable decision; and
(d) a person mentioned in schedule 1, part 1.2 in relation to a reviewable
decision is an eligible person for the decision.
9 InspectorsSection
201 (1)
omit
10 Identity
cardsSection 202 (1)
omit
in part 9, insert
203A Ministerial directions to chief
executive
(1) The Minister may, in writing, give directions to the chief executive
in relation to the exercise of the chief executive’s functions, either
generally or in relation to a particular matter.
(2) The chief executive must comply with a direction given under
subsection (1).
(3) The Minister must present a copy of any direction under
subsection (1) to the Legislative Assembly within 6 sitting days after
the day it is given to the chief executive.
substitute
227 Chief executive’s annual
report
A report prepared by the chief executive under the Annual Reports
(Government Agencies) Act 2004 for a financial year must
include—
(a) a copy of any direction given under section 203A (Ministerial
directions to chief executive) during the year; and
(b) a statement about action taken during the year to give effect to any
direction given (whether before or during the year) under that
section.
Note Financial year has an extended meaning in the Annual
Reports (Government Agencies) Act 2004.
227A Additional reports by chief
executive
(1) In March of each year, the chief executive must prepare and give to
the Minister a report on the operation of occupational health and safety matters
for which the chief executive is responsible under this Act during the period of
6 months commencing on the previous 1 July.
(2) The Minister must present the report to the Legislative Assembly
within 6 sitting days after the day the Minister receives the report.
substitute
228 Commissioner’s half-yearly
reports
(1) The commissioner must, as soon as practicable after the end of each
half-year, prepare and give to the Minister a report on the commissioner’s
operations during that half-year.
(2) A report prepared under subsection (1) must include—
(a) a copy of any direction given under section 32 (Ministerial
directions) during the half-year; and
(b) a statement about action taken during the half-year to give effect to
any direction given (whether before or during the half-year) under that
section.
(3) The Minister must present a copy of a report prepared under subsection
(1) to the Legislative Assembly within 6 sitting days after the day the Minister
receives the report.
(4) In this section:
half-year means a period of 6 months commencing on 1 July or
1 January in a year.
14 Schedule
1, parts 1.2 and 1.3
substitute
Part 1.2 Reviewable decisions of chief
executive
column 1
item
|
column 2
decision
|
column 3
eligible person
|
1
|
establishing a designated work group under s 54 (1) or
(2)
|
(a) an involved union in relation to the designated work group;
or
(b) an employer whose employee is in the designated work group
|
2
|
varying a designated work group under s 54 (3)
|
(a) an involved union in relation to the designated work group;
or
(b) an employer whose employee is in the designated work group
|
3
|
refusing to declare that s 55 applies to a site
|
the applicant for the declaration
|
4
|
disqualifying a health and safety representative under
s 64 (1)
|
the person disqualified
|
5
|
disqualifying a person under s 76 (1)
|
the person disqualified
|
6
|
refusing to revoke a disqualification under s 76 (5)
|
the person disqualified
|
7
|
refusing to reinspect a situation or circumstances under s 162
|
the relevant responsible person for the prohibition notice
|
8
|
refusing to accept a safety undertaking under s 170
|
the person who gave the undertaking
|
9
|
refusing to agree to the relevant person for an enforceable undertaking
withdrawing from, or amending, the undertaking under s 171
|
the relevant person for the undertaking
|
10
|
ending, or refusing to end, an enforceable undertaking under
s 172
|
the relevant person for the undertaking
|
11
|
refusing to allow a longer period to make an application under s 185
for review of a decision
|
an eligible person for the decision
|
12
|
a decision on reconsideration under s 186 (2)
|
the applicant for reconsideration
|
15 Dictionary,
definition of inspector
substitute
inspector means an inspector under section 201.
16 Further
amendments, mentions of commissioner
omit
commissioner
substitute
chief executive
in
• section 54 heading
• section 54 (1), (2), (3) and (5)
• section 55 (2), (3) and (4)
• section 57 (2), (3) and (4)
• section 64 (1), (3), (4) and (5)
• section 67 (8)
• section 70 (2)
• section 71 (1) and (3)
• section 72 (3) and (4)
• section 162 (2)
• section 163 (3)
• section 185 (1) and (2)
• section 186 (2), (3) and (4)
• section 204 (1)
• section 205 (1)
• section 206 (5) and (6)
Schedule
1 Occupational Health and Safety Act
1989—technical amendments
(see s 3)
substitute
26 Appointment of commissioner
(1) The Executive must appoint a person to be the Occupational Health and
Safety Commissioner.
Note For the making of appointments (including acting appointments),
see the Legislation Act, pt 19.3.
(2) The commissioner must not be appointed for more than 7
years.
Note A person may be reappointed to a position if the person is
eligible to be appointed to the position (see Legislation Act, s 208 and dict,
pt 1, def of appoint).
Explanatory note
This amendment remakes the section to bring it into line with current
drafting practice.
Existing subsection (1) is amended by omitting a reference to ‘in
writing’ because the Legislation Act, section 216 provides that an acting
appointment must be made, or evidenced, by writing signed by the appointer.
Standard appointment notes are also added.
Existing subsection (2) is amended by omitting the reference to holding
office for the period specified in the instrument of appointment. This is
unnecessary because the Legislation Act, section 206 (2) provides that if a law
provides for a maximum period of appointment, the instrument of appointment must
state the period for which the appointment is made.
Existing subsection (2) is also amended by omitting the reference to
eligibility for reappointment. This is unnecessary because the Legislation Act,
section 208 provides that the power to appoint includes the power to reappoint.
A standard note about reappointment is added.
[1.2] Section
27 (1), new note
insert
Note A provision of a law that gives an entity (including a person)
a function also gives the entity the powers necessary and convenient to exercise
the function (see Legislation Act, s 196 (1) and dict, pt 1, defs of
entity and function).
Explanatory note
This amendment adds a standard note about the powers of an entity and is
consequential on the omission of section 27 (2) by another amendment.
substitute
(2) The Executive must remove the commissioner from office if the
commissioner becomes bankrupt or executes a personal insolvency
agreement.
Explanatory note
This amendment brings the paragraph into line with the concept of personal
insolvency agreement under the Bankruptcy Act 1966 (Cwlth). Under that
Act, personal insolvency agreements have replaced the concepts of deed of
assignment, deed of arrangement and composition.
omit
Explanatory note
This amendment omits an unnecessary provision about acting
appointments.
Section 33 (1) is about the circumstances of when an acting appointment may
be made. This provision is unnecessary because the Legislation Act, section 209
provides the circumstances in which acting appointments may be made, including
during any period when an appointee can not for any reason exercise functions of
the position.
Subsection 33 (2) provides that anything done by or in relation to an
acting member is not invalid merely because the occasion for the appointment had
not arisen, there was a defect or irregularity in relation to the appointment,
the appointment had ceased to have effect or the occasion to act had not arisen
or had ceased. This provision is unnecessary because the Legislation Act,
section 225 is to the same effect.
substitute
(a) on being requested to do so by the representative, consult the
representative on the implementation of changes at any workplace where some or
all of the employees in the group perform work for the employer, if the changes
may affect the health or safety at work of the employees; and
Explanatory note
This amendment brings the subsection into line with current drafting
practice.
substitute
65 Liability
No civil or criminal proceedings lie against a health and safety
representative in relation to any honest act or omission in connection with the
representative’s functions under this Act.
Explanatory note
This amendment brings the subsection more closely into line with current
drafting practice. In particular, it omits a reference to ‘good
faith’ and substitutes ‘honest’, which is the current drafting
term.
[1.7] Section
86 (1), new note
insert
Note A provision of a law that gives an entity (including a person)
a function also gives the entity the powers necessary and convenient to exercise
the function (see Legislation Act, s 196 (1) and dict, pt 1, defs of
entity and function).
Explanatory note
This amendment adds a standard note about the powers of an entity and is
consequential on the omission of section 86 (2) by another amendment.
omit
Explanatory note
This amendment omits an unnecessary provision. It states that the
commissioner has power to do all things that are necessary or convenient to be
done in relation to the performance of the commissioner’s functions. This
is unnecessary because the Legislation Act, section 196 provides that a
provision of a law that gives an entity (including a person) a function also
gives the entity powers necessary and convenient to exercise the function. A
note to that effect is added to section 86 (1) by another amendment.
substitute
88 Liability
No civil or criminal proceedings lie against a member of a health and
safety committee in relation to any honest act or omission in connection with
the representative’s functions under this Act.
Explanatory note
This amendment brings the section more closely into line with current
drafting practice. In particular, it omits a reference to ‘good
faith’ and substitutes ‘honest’, which is the current drafting
term.
[1.10] Dictionary,
definition of involved union, paragraph (a)
substitute
(a) in relation to an employee of an employer—a registered union of
which the employee is a member, if the employee is qualified to be a member
because of the work that the employee performs as an employee of the employer;
or
Explanatory note
This amendment brings the paragraph into line with current drafting
practice.
Schedule
2 Consequential
amendments
(see s 3)
[2.1] Section
49A, definition of commissioner for OH&S
omit
omit
commissioner for OH&S, by order authorise the commissioner
substitute
chief executive for the Occupational Health and Safety Act 1989, by
order authorise the chief executive
omit
commissioner
substitute
chief executive
Part
2.2 Magistrates Court (Occupational
Health and Safety Infringement Notices) Regulation 2004
omit
OH&S commissioner
substitute
chief executive for the Occupational Health and Safety Act
1989
omit
Part
2.3 Magistrates Court (Workers
Compensation Infringement Notices) Regulation 2006
omit
commissioner
substitute
chief executive for the Workers Compensation Act
omit
• OH&S commissioner
[2.8] Dictionary,
definition of commissioner
omit
Part
2.4 Occupational Health and Safety
(Certification of Plant Users and Operators) Regulation
2000
[2.9] Mentions
of commissioner
omit
commissioner
substitute
chief executive
in
• section 6 (1)
• section 10 (1)
• section 11 (1)
• section 12 (1), (2) and (3)
• section 19
• section 20 (1)
• section 21 (1), (2) and (3)
• section 27 (1), (2), (3), (4), (6), (7), (8) and (9)
• section 28 (1), (3), (4) and (5)
• section 29
• section 29A (1) and (2)
• section 31
• section 32 (1), (2) and (4)
• section 33
• section 34 (1) and (2)
• schedule 3 heading
[2.10] Dictionary,
note 3, dot point
substitute
• inspector.
Part
2.5 Occupational Health and Safety
Regulation 1991
[2.11] Mentions
of commissioner
omit
commissioner
substitute
chief executive
in
• section 6 (2) and (3)
• section 7
• section 8 (2)
• section 9 (1)
• section 11 (1) and (2)
Part
2.6 Public Sector Management
Act 1994
[2.12] Section
25 (2) (b), example 4
omit
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2007.
2 Notification
Notified under the Legislation Act on 2007.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2007
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