Australian Capital Territory Repealed Acts Australian Capital Territory Repealed ActsThis legislation has been repealed.
TABLE OF PROVISIONS
Long Title
PART 1--PRELIMINARY
1. Name of Act
3. Dictionary
4. Notes
5. Offences against Act—application of Criminal Code etc
PART 2--OPERATION OF ACT
Division 2.1--Objects and important concepts
6. Objects of Act
7. Meaning of work safety
8. Meaning of risk
9. Meaning of worker
10. Meaning of employer
11. Meaning of business or undertaking
12. Meaning of workplace
13. Meaning of person in control
14. Meaning of manages risk
15. Meaning of reasonably practicable steps
Division 2.2--Complying with Act
16. Person may have more than 1 duty under Act
17. Person not relieved of duty because someone else also has same
18. Codes of practice
19. Approved code of practice and incorporated document may be
20. Relationship of regulations to approved codes of practice
PART 3--WORK SAFETY DUTIES
Division 3.1--Duties to manage risk
21. Duty—safe conduct of business or undertaking
22. Duty—person in control of premises
23. Duty—person in control of plant or system etc
24. Duty—person in control of design
25. Duties—person in control of manufacture
26. Duties—person in control of import and supply
27. Duties—worker
28. Duty—at workplace
Division 3.2--Work safety risks—failure to comply with duties
29. Meaning of safety duty—div 3.2
30. Failure to comply with safety duty—general
31. Failure to comply with safety duty—negligent exposure to substantial risk of
32. Failure to comply with safety duty—reckless exposure to substantial risk of
33. Failure to comply with safety duty—negligently cause serious harm
34. Failure to comply with safety duty—recklessly cause serious harm
35. Alternative verdicts for failure to comply with safety duty
Division 3.3--Work safety risks—serious events
36. Meaning of serious event—div 3.3
37. Meaning of dangerous occurrence
38. Notice of serious events
39. Records of serious events
40. Reporting under other legislation
41. Person in control to protect site of occurrence of serious event
Division 3.4--Work safety risks—other matters
42. Workers' right to refuse
43. Person in control not to discriminate
44. Interfering with safety equipment
45. Person not to levy employees
PART 4--WORKPLACE ARRANGEMENTS
Division 4.1--Duty of employer to consult
46. Meaning of worker consultation unit
47. Duty to consult
48. Duty to consult—employer to establish worker consultation
49. Worker consultation unit—how unit established
50. Worker consultation unit—election
51. Worker consultation unit—changes
52. Worker consultation unit—review
53. Worker consultation unit—employer to keep records
54. Duty to consult—deciding how workers to be consulted
55. Duty to consult—director-general may direct election of work safety
55A. Duty to consult—director-general may direct election of work safety committee
56. Duty to consult—consulting workers
57. Dispute resolution—mechanism
Division 4.2--Work safety representative
58. Work safety representative—functions
58A. Work safety representative—employer obstructing etc
58B. Work safety representative—access to personal health
59. Work safety representative—protection from liability
Division 4.3--Work safety committee
60. Work safety committee—functions
60A. Work safety committee—protection from liability
Division 4.4--Authorised representatives—entry to workplace
61. Definitions—div 4.4
62. Authorised representative
63. Authorised representative—entry to workplace
64. Authorised representative—notice of entry
65. Authorised representative—production of authorisation
66. Authorised representative—powers available on entry
67. Authorised representative—damage etc to be minimised
68. Authorised representative—compensation for exercise of function
69. Authorised representative—occupier to be told about findings
Division 4.5--Authorised representative—offences
70. Authorised representative—offences by registered organisations
71. Authorised representative—pretending
72. Authorised representative—obstructing etc
PART 5--ENFORCEMENT POWERS
Division 5.1--General
73. Definitions—pt 5
Division 5.2--General powers of inspectors
74. Power to enter premises
75. Premises that are vehicles
76. Production of identity card by inspectors
77. Consent to entry by inspectors
78. General powers of inspectors for premises
79. General powers of inspectors for public places
80. Offence—contravention of requirement by inspector
81. Power to take action to prevent imminent risk
82. Report about action to prevent imminent risk
83. Recovery of Territory's costs for action to prevent imminent
84. Power of entry etc in relation to serious event
85. Power to seize things
86. Action in relation to seized thing
87. Power to destroy unsafe things
88. Power to require name and address
89. Power to require production of authorisation
Division 5.3--Search warrants
90. Warrants generally
91. Warrants—application made other than in person
92. Search warrants—announcement before entry
93. Details of search warrant to be given to occupier etc
94. Occupier entitled to be present during search etc
95. Moving things to another place for examination or processing under search
96. Use of electronic equipment at premises
97. Person with knowledge of computer to assist access etc
98. Securing electronic equipment
99. Copies of seized things to be provided
Division 5.4--Return and forfeiture of things seized
100. Receipt for things seized
101. Access to things seized
102. Return of things seized
103. Application for order disallowing seizure
104. Order for return of seized thing
105. Adjournment pending hearing of other proceedings
106. Forfeiture of seized things
107. Return of forfeited things
108. Cost of disposal of things forfeited
Division 5.5--Taking and analysing samples
109. Inspector may buy samples without complying with div 5.5
110. Occupier etc to be told sample to be analysed
111. Payment for samples
112. Samples from packaged substances
113. Procedures for dividing samples
114. Exceptions to s 113
115. Certificates of analysis by authorised analysts
Division 5.6--Other enforcement provisions
116. Damage etc to be minimised
117. Compensation for exercise of function by inspector
PART 6--COMPLIANCE MEASURES
Division 6.1--Interpretation—pt 6
118. Meaning of responsible person—pt 6
Division 6.2--Information and documents
119. Director-general may require answers to questions and production of
120. Compliance with notice to produce
121. Failure to attend before director-general or produce documents
122. Attendance before director-general—offences
123. Privileges against self-incrimination and exposure to civil penalties
Division 6.3--Compliance agreements
124. Meaning of relevant responsible person—div 6.3
125. Inspector may seek compliance agreement
126. Term of compliance agreement
127. Compliance agreement not admission of fault etc
128. Notification and display of compliance agreements
129. Compliance agreement not to be removed etc
Division 6.4--Improvement notices
130. Meaning of relevant responsible person—div 6.4
131. Giving improvement notices
132. Contents of improvement notices
133. Scope of improvement notices
134. Extension of time for compliance with improvement notices
135. Notification and display of improvement notices
136. Improvement notice not to be removed etc
137. Revocation of improvement notice on compliance
138. Contravention of improvement notices
Division 6.5--Prohibition notices
139. Definitions—div 6.5
140. Giving prohibition notices
141. Contents of prohibition notices
142. Scope of prohibition notices
143. Extension of time for inspection etc
144. Notification and display of prohibition notices
145. Prohibition notice not to be removed etc
146. Ending of prohibition notices for contravention of Act etc
147. Request for reinspection
148. Revocation on reinspection
149. Ending of prohibition notices given for inspection etc
150. Contravention of prohibition notices
151. Request for compensation for prohibition notice
152. Compensation for prohibition notice
Division 6.6--Enforceable undertakings
153. Definitions—div 6.6
154. Making of safety undertakings
155. Acceptance of safety undertaking
156. Withdrawal from or amendment of enforceable undertaking
157. Term of enforceable undertaking
158. Safety undertaking not admission of fault etc
159. Contravention of enforceable undertakings
Division 6.7--Injunctions
160. Injunctions to restrain offences against Act
161. Enforcement of injunctions
162. Amendment or discharge of injunctions
163. Interim injunctions—undertakings about damages
164. Magistrates Court's other powers not limited
Division 6.8--Public sector workplace compliance measures
165. Meaning of public sector workplace—div 6.8
166. Reporting certain failures to comply in public sector workplaces
167. Notice of failure to comply with safety duty in public sector
168. Notice of failure to comply—no failure found
169. Notice of failure to comply—failure addressed
170. Notice of failure to comply—failure not addressed
171. Notice of noncompliance—annual report
172. Annual report—additional compliance information
PART 7--ADMINISTRATIVE REVIEW OF DECISIONS
173. Definitions—pt 7
174. Application—pt 7
175. Notice of reviewable decisions
176. Internal review of certain decisions
177. Applications for internal review
178. Internal review
179. Review of decisions by ACAT
PART 8--ADMINISTRATION
180. Inspectors
181. Identity cards
182. Protection of officials from liability
183. Ministerial directions to director-general
PART 9--WORK SAFETY COUNCIL
Division 9.1--Establishment, functions and powers
184. Establishment
185. Functions
Division 9.2--Constitution and meetings
186. Membership
187. Terms of appointment
188. Appointment of chair and deputy chair
189. Leave
190. Disclosure of interest
191. Reporting of disclosed council interests to Minister
192. Ending appointment of council member
193. Calling meetings
194. Presiding member at council meetings
195. Quorum at council meetings
196. Voting at council meetings
197. Conduct of council meetings etc
198. Protection of council members from liability
Division 9.3--Advisory committees
199. Establishment
PART 10--WORK SAFETY COMMISSIONER
200. Appointment of commissioner
201. Functions
202. Retirement
203. Removal of commissioner
204. Suspension and removal of commissioner
205. Ministerial directions to commissioner
206. Staff
207. Delegation by commissioner
PART 11--DIRECTOR-GENERAL AND COMMISSIONER REPORTS
208. Director-general's annual report
209. Additional reports by director-general
210. Commissioner's half-yearly reports
PART 12--INFORMATION AND EVIDENCE
211. Use of protected information
212. Presumptions about substances
213. Evidence of analysts
214. Power of court to order further analysis
215. Appointment of authorised analysts
216. Notice of code approvals
PART 13--PROCEEDINGS AND LIABILITY
217. Acts and omissions of representatives
218. Private prosecution of offences
219. Criminal liability of corporation officers
220. Publication by director-general of convictions etc
221. Court-directed publicity for offences
222. Remedial orders by courts for offences
223. Court may order costs and expenses
224. Court may order forfeiture
225. Civil liability not affected
PART 14--MISCELLANEOUS
226. Electronic service
227. Contracting out prohibited
228. Determination of fees
229. Approved forms
230. Regulation-making power
PART 20--TRANSITIONAL
500. Definitions—pt 20
501. Transitional—health and safety representatives
502. Transitional—health and safety committee
503. Transitional—work groups designated by employer
504. Transitional—authorised representatives
505. Transitional—Occupational Health and Safety Council
506. Transitional—Occupational Health and Safety Commissioner
507. Transitional—inspectors
508. Transitional—codes of practice
509. Transitional regulations
510. Expiry—pt 20
DICTIONARY
ENDNOTES