Australian Capital Territory Numbered Regulations

OCCUPATIONAL HEALTH AND SAFETY REGULATIONS (AMENDMENT) (NO. 13 OF 1991) - REG 7

Prescribed period

“5. For the purposes of section 85 of the Act the prescribed period is 7 days.

Method of reporting

“6. (1) Notice under section 85 of the Act may be given in writing or by telephone, facsimile machine or other electronic means.

“(2) A notice under subsection (1) shall be in a form approved by the Registrar.

“(3) An employer shall give notice under section 85 of the Act to the Registrar as soon as practicable and in any event within 7 days.

“(4) Where the Registrar receives notice other than in writing he or she shall forward—

        (a)     a copy of the information received; or

        (b)     an acknowledgment of receipt of the notice;

to the employer.

Necessity of reporting

“7. Where an employer notifies the Registrar of an injury or dangerous occurrence pursuant to section 85 of the Act, the employer is not required to report the same event under an associated law.

Retention of records etc.

“8. (1) Where an employer gives written notice of a death, an injury or a dangerous occurrence in accordance with section 85, the employer shall retain a copy of the notice for a period of 5 years after the notice is given.

“(2) Where the employer gives notice of a death, an injury or a dangerous occurrence in a manner other than in writing and the Registrar provides the employer with—

        (a)     a copy of the information received; or

        (b)     an acknowledgment of receipt of the notice;

the employer shall keep the copy or the acknowledgment for a period of 5 years after the notice is given.

Form of records

“9. (1) Records required under section 86 of the Act shall be kept in a form approved, in writing, by the Registrar.

“(2) Records kept under subregulation (1) shall be retained for a period of 5 years after the date on which notice was given in accordance with section 85 of the Act.

“(3) An instrument of approval under subregulation (1) is a disallowable instrument for the purposes of section 10 of the Subordinate Laws Act 1989 .

Records of absence

“10. (1) Where an employer is aware of the occurrence of an event which would have been reported pursuant to section 85 if the prescribed period under that section was 1 day the employer shall record details of the event.

“(2) Records pursuant to subsection (1) shall be kept in accordance with Australian Standard 1885.1.

Penalty: $1,000.”.