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This is a Bill, not an Act. For current law, see the Acts databases.
SAFE WORK AUSTRALIA BILL 2008 [NO. 2]
2008
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Safe Work Australia Bill 2008
No. , 2008
(Education, Employment and Workplace Relations)
A Bill for an Act to establish Safe Work Australia,
and for related purposes
i Safe Work Australia Bill 2008 No. , 2008
Contents
Part 1--Preliminary
1
1
Short title ............................................................................................ 1
2
Commencement .................................................................................. 1
3
What this Act is about......................................................................... 2
4
Definitions .......................................................................................... 3
Part 2--Establishme nt and functions of Safe Work Australia
5
5
Establishment...................................................................................... 5
6
Functions............................................................................................. 5
7
Performance of functions.................................................................... 7
8
Immunities and privileges................................................................... 7
Part 3--Membership of Safe Work Australia
8
Division 1--What this Part is about
8
9
What this Part is about ........................................................................ 8
Division 2--Membership and appointment
9
10
Membership of Safe Work Australia .................................................. 9
11
Appointment of the Chair ................................................................... 9
12
Appointment of acting Chair ............................................................ 10
13
Appointment of the Commonwealth representative ......................... 10
14
Appointment of each State and Territory representative .................. 11
15
Appointment of workers' representatives......................................... 11
16
Appointment of employers' representatives ..................................... 12
Division 3--Terms and conditions of voting members
13
Subdivision A--Terms and conditions that apply to all voting
members
13
17
Basis and period of appointment of all voting members .................. 13
18
Disclosure of interests to the Minister .............................................. 13
19
Resignation of voting members ........................................................ 13
20
Termination of appointment of voting members .............................. 13
Subdivision B--Terms and conditions that apply only to the Chair
14
21
Remuneration of the Chair................................................................ 14
22
Leave of absence of the Chair .......................................................... 15
23
Other terms and conditions of the Chair........................................... 15
Subdivision C--Terms and conditions etc. that apply only to other
voting members
15
24
Leave of absence of other voting members ...................................... 15
25
Application of the Remuneration Tribunal Act ................................ 15
Safe Work Australia Bill 2008 No. , 2008 ii
Part 4--Planning by Safe Work Australia
16
Division 1--What this Part is about
16
26
What this Part is about ...................................................................... 16
Division 2--Strategic plan of Safe Work Australia
17
27
Safe Work Australia to prepare a draft strategic plan....................... 17
28
Approval of draft strategic plan ........................................................ 17
Division 3--Operational plan of Safe Work Australia
20
29
Safe Work Australia to prepare a draft operational plan .................. 20
30
Approval of draft operational plan ................................................... 20
Division 4--Ministerial Council's directions to alter strategic or
operational plans
23
31
Ministerial Council's directions to alter strategic plan ..................... 23
32
Ministerial Council's directions to alter operational plan ................ 24
Part 5--Decision-making by Safe Work Australia
26
Division 1--What this Part is about
26
33
What this Part is about ...................................................................... 26
Division 2--Meetings of Safe Work Australia
27
34
Holding of meetings ......................................................................... 27
35
Presiding at meetings ........................................................................ 27
36
Substitution of voting members at meetings .................................... 27
37
Quorum at meetings .......................................................................... 27
38
Decisions at meetings etc.................................................................. 28
39
Conduct of meetings ......................................................................... 28
40
Disclosure of interests to Safe Work Australia................................. 29
41
Minutes ............................................................................................. 30
Division 3--Decisions without meetings
31
42
Decisions without meetings .............................................................. 31
Part 6--The CEO, staff and committees of Safe Work
Australia, and others assisting
33
Division 1--What this Part is about
33
43
What this Part is about ...................................................................... 33
Division 2--The CEO of Safe Work Australia
34
Subdivision A--Functions of the CEO
34
44
The CEO ........................................................................................... 34
45
Functions of the CEO ....................................................................... 34
46
Directions from the Minister ............................................................ 34
iii Safe Work Australia Bill 2008 No. , 2008
47
CEO to keep the Minister informed.................................................. 35
48
Directions from Safe Work Australia ............................................... 35
49
CEO to keep Safe Work Australia informed .................................... 36
Subdivision B--Appointment of the CEO
36
50
Appointment of CEO ........................................................................ 36
51
Appointment of acting CEO ............................................................. 37
Subdivision C--Terms and conditions of the CEO
38
52
Remuneration of the CEO ................................................................ 38
53
Leave of absence of the CEO ........................................................... 38
54
Other employment of the CEO ......................................................... 38
55
Disclosure of interests to the Minister .............................................. 38
56
Resignation of the CEO .................................................................... 38
57
Termination of appointment of the CEO .......................................... 39
58
Other terms and conditions of the CEO............................................ 40
Division 3--Staff and committees of Safe Work Australia, and
others assisting it
41
Subdivision A--Staff of Safe Work Australia
41
59
Staff of Safe Work Australia ............................................................ 41
Subdivision B--Committees of Safe Work Australia
41
60
Committees of Safe Work Australia................................................. 41
Subdivision C--Others assisting Safe Work Australia
42
61
Persons assisting Safe Work Australia ............................................. 42
62
Consultants ....................................................................................... 42
Part 7--The Safe Work Australia Special Account
43
63
What this Part is about ...................................................................... 43
64
The Safe Work Australia Special Account ....................................... 43
65
Credits to the Account ...................................................................... 43
66
Purposes of the Account ................................................................... 44
Part 8--Miscellaneous
45
67
Delegation by Safe Work Australia .................................................. 45
68
Delegation by the CEO of Safe Work Australia............................... 45
69
How Ministerial Council gives directions etc. ................................. 45
70
Annual Report................................................................................... 45
71
Intergovernmental Agreement to be available on the Internet ......... 46
72
Review of Safe Work Australia's role and functions ....................... 46
73
Regulations ....................................................................................... 46
Safe Work Australia Bill 2008 No. , 2008 1
A Bill for an Act to establish Safe Work Australia,
1
and for related purposes
2
The Parliament of Australia enacts:
3
Part 1--Preliminary
4
5
1 Short title
6
This Act may be cited as the Safe Work Australia Act 2008.
7
2 Commence ment
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
Part 1 Preliminary
Section 3
2 Safe Work Australia Bill 2008 No. , 2008
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 and
2 and anything in
this Act not
elsewhere covered
by this table
The day on which this Act receives the
Royal Assent.
2. Sections 3 to
73
A single day to be fixed by Proclamation.
However, if any of the provision(s) do not
commence with in the period of 6 months
beginning on the day on which this Act
receives the Royal Assent, they commence
on the first day after the end of that period.
Note:
This table relates only to the provisions of this Act as originally
4
passed by both Houses of the Parliament and assented to. It will not be
5
expanded to deal with provisions inserted in this Act after assent.
6
(2) Column 3 of the table contains additional information that is not
7
part of this Act. Information in this column may be added to or
8
edited in any published version of this Act.
9
3 What this Act is about
10
This Act creates a body called Safe Work Australia to improve
11
occupational health and safety outcomes and workers'
12
compensation arrangements in Australia.
13
Safe Work Australia mainly consists of members who represent the
14
Commonwealth, the States, the Territories, workers and employers
15
(see section 10).
16
It has various functions relating to occupational health and safety
17
and workers' compensation (see section 6). For example, one of its
18
functions is to prepare model OHS legislation for adoption as a law
19
Preliminary Part 1
Section 4
Safe Work Australia Bill 2008 No. , 2008 3
of the Commonwealth, each of the States and each of the
1
Territories.
2
The Ministerial Council (a body that consists of Ministers from the
3
Commonwealth, States and Territories) has some oversight of Safe
4
Work Australia's activities. For example, the Council considers
5
whether to approve the model OHS legislation that Safe Work
6
Australia has prepared.
7
Safe Work Australia has a CEO who is responsible for its
8
administration and for assisting it to perform its functions. It is also
9
assisted by its staff, its committees and others.
10
4 Definitions
11
In this Act:
12
approved model OHS codes of practice means the model OHS
13
codes of practice that are approved by the Ministerial Council, as
14
amended from time to time.
15
approved model OHS legislation means the model OHS legislation
16
that is approved by the Ministerial Council, as amended from time
17
to time.
18
approved OHS compliance and enforcement policy means the
19
policy that:
20
(a) deals with the compliance and enforcement of Australian
21
laws that adopt the approved model OHS legislation; and
22
(b) is developed by Safe Work Australia under item 5 of the
23
table in section 6; and
24
(c) is approved by the Ministerial Council;
25
as amended from time to time.
26
Australian law means a law of the Commonwealth, a State or a
27
Territory.
28
CEO means the Chief Executive Officer of Safe Work Australia.
29
Intergovernmental Agreement means the Intergovernmental
30
Agreement for Regulatory and Operational Reform in
31
Part 1 Preliminary
Section 4
4 Safe Work Australia Bill 2008 No. , 2008
Occupational Health and Safety between the Commonwealth, the
1
States and the Territories, as amended from time to time.
2
member means a member of Safe Work Australia (including the
3
Chair and the CEO) who is appointed under this Act.
4
Ministerial Council means the council of Commonwealth, State
5
and Territory Ministers that:
6
(a) is known as the Workplace Relations Ministers' Council on
7
the day on which this definition commences; and
8
(b) is constituted so that it consists of no more than one Minister
9
representing each of the Commonwealth, the States and the
10
Territories when dealing with matters with which this Act is
11
concerned.
12
model OHS codes of practice means the model codes of practice
13
relating to OHS that are prepared by Safe Work Australia under
14
item 3 of the table in section 6, as amended from time to time.
15
model OHS legislation means the model Act and model
16
regulations relating to OHS that are prepared by Safe Work
17
Australia under item 2 of the table in section 6, as amended from
18
time to time.
19
OHS means occupational health and safety.
20
Territory means the Australian Capital Territory or the Northern
21
Territory.
22
voting member means a member other than the CEO.
23
24
Establishment and functions of Safe Work Australia Part 2
Section 5
Safe Work Australia Bill 2008 No. , 2008 5
Part 2--Establishment and functions of Safe Work
1
Australia
2
3
5 Establishme nt
4
Safe Work Australia is established by this section.
5
6 Functions
6
Safe Work Australia has the functions set out in this table:
7
8
Functions of Safe Work Australia
Item
Topic
The functions of Safe Work Australia are:
1
National policy about
OHS and workers'
compensation
to develop national policy relating to OHS and
workers' co mpensation; and
2
Model OHS
legislation
to prepare a model Act and model regulations
relating to OHS and, if necessary, revise them:
(a) for approval by the Ministerial Council; and
(b) for adoption as laws of the Co mmon wealth,
each of the States and each of the Territories;
and
3
Model OHS codes of
practice
to prepare model codes of practice relating to OHS
and, if necessary, revise them:
(a) for approval by the Ministerial Council; and
(b) for adoption as codes of practice of the
Co mmonwealth, each of the States and each of
the Territories and made under laws of those
jurisdictions that adopt the approved model
OHS legislation; and
4
Other OHS material
to prepare other material relating to OHS and, if
necessary, revise that material; and
5
Policy dealing with
compliance and
enforcement of
approved model OHS
legislation
to develop a policy, for approval by the Min isterial
Council, dealing with the comp liance and
enforcement of the Australian laws that adopt the
approved model OHS leg islation, to ensure that a
nationally consistent approach is taken to
Part 2 Establishment and functions of Safe Work Australia
Section 6
6 Safe Work Australia Bill 2008 No. , 2008
Functions of Safe Work Australia
Item
Topic
The functions of Safe Work Australia are:
compliance and enforcement; and
6
Monitoring adoption
of approved model
OHS legislation etc.
in ju risdictions
to monitor the adoption by the Common wealth,
States and Territories of:
(a) the approved model OHS legislation as a law of
those jurisdictions; and
(b) the approved model OHS codes of practice as
codes of practice of those jurisdictions; and
(c) the approved OHS co mpliance and enforcement
policy as a policy of those jurisdictions; and
7
Collection etc. of data to collect, analyse and publish data or other
information relating to OHS and workers'
compensation in order to inform the development
or evaluation of policies in relation to those
matters; and
8
Research etc.
to conduct and publish research relating to OHS
and workers' co mpensation in order to info rm the
development or evaluation of policies in relation to
those matters; and
9
National OHS
Strategy 2002-2012
to revise and further develop the National OHS
Strategy 2002-2012 released by the Ministerial
Council on 24 May 2002, as amended fro m time to
time; and
10
National awareness
strategies
to develop and promote national strategies to raise
awareness of OHS and workers' co mpensation;
and
11
Workers'
compensation
arrangements
to develop proposals relating to:
(a) harmon ising workers' co mpensation
arrangements across the Common wealth, States
and Territories; and
(b) national workers' co mpensation arrangements
for emp loyers with wo rkers in more than one of
those jurisdictions; and
12
Advising Ministerial
Council on OHS and
workers'
compensation
to advise the Ministerial Council on matters
relating to OHS or workers' co mpensation; and
Establishment and functions of Safe Work Australia Part 2
Section 7
Safe Work Australia Bill 2008 No. , 2008 7
Functions of Safe Work Australia
Item
Topic
The functions of Safe Work Australia are:
13
Liaising outside
Australia on OHS and
workers'
compensation
to liaise with other countries or international
organisations on matters relating to OHS or
workers' co mpensation; and
14
Other conferred
functions
such other functions that are conferred on it by, or
under, this Act or any other Co mmonwealth Act.
1
7 Performance of functions
2
(1) Safe Work Australia must perform its functions in accordance with
3
its strategic plan and operational plan.
4
(2) When performing its functions, Safe Work Australia may consult
5
with:
6
(a) governments and government bodies; and
7
(b) representatives of workers and employers; and
8
(c) other interested people, bodies and organisations.
9
8 Immunities and privileges
10
Safe Work Australia has the privileges and immunities of the
11
Crown in the right of the Commonwealth.
12
13
Part 3 Membership of Safe Work Australia
Division 1 What this Part is about
Section 9
8 Safe Work Australia Bill 2008 No. , 2008
Part 3--Membership of Safe Work Australia
1
Division 1--What this Part is about
2
9 What this Part is about
3
This Part deals with Safe Work Australia's membership.
4
Division 2 sets out its membership. It also deals with the
5
appointment of voting members (that is, members other than the
6
CEO). (For the appointment of the CEO, see Division 2 of Part 6.)
7
Besides the Chair, voting members are representative members--
8
they represent the Commonwealth, States, Territories, workers and
9
employers. There is a special nomination process for the
10
appointment of these members (see sections 13 to 16).
11
Division 3 provides for the terms and conditions on which voting
12
members are appointed.
13
14
Membership of Safe Work Australia Part 3
Membership and appointment Division 2
Section 10
Safe Work Australia Bill 2008 No. , 2008 9
Division 2--Membership and appointment
1
10 Membe rship of Safe Work Australia
2
Membership
3
(1) Safe Work Australia consists of the following members:
4
(a) the Chair;
5
(b) 1 member who represents the Commonwealth;
6
(c) 8 members, each of whom represents a different State or
7
Territory;
8
(d) 2 members who represent the interests of workers in
9
Australia;
10
(e) 2 members who represent the interests of employers in
11
Australia;
12
(f) the CEO.
13
When membership falls below threshold
14
(2) Safe Work Australia may not perform its functions if more than
15
one-third of the voting members' offices are vacant.
16
11 Appointment of the Chair
17
Appointment by Minister
18
(1) The Minister must, by written instrument, appoint a person to be
19
the Chair.
20
Note:
For re-appointment, see subsection 33(4A) of the Acts Interpretation
21
Act 1901.
22
Consultation of Ministerial Council
23
(2) The Minister can only make the appointment if the Ministerial
24
Council has been consulted about the appointment of the person.
25
Part 3 Membership of Safe Work Australia
Division 2 Membership and appointment
Section 12
10 Safe Work Australia Bill 2008 No. , 2008
12 Appointment of acting Chair
1
Appointment by Minister
2
(1) The Minister may, by written instrument, appoint a person to act as
3
the Chair:
4
(a) during a vacancy in the office of the Chair (whether or not an
5
appointment has previously been made to the office); or
6
(b) during any period, or during all periods, when the Chair:
7
(i) is absent from duty or Australia; or
8
(ii) is, for any reason, unable to perform the duties of the
9
office.
10
Note:
See also section 33A of the Acts Interpretation Act 1901, which
11
contains extra rules about acting appointments.
12
Consultation of Ministerial Council
13
(2) However, the Minister can only do so if the Ministerial Council has
14
been consulted about the appointment of that person.
15
No invalidity
16
(3) Anything done by or in relation to a person purporting to act under
17
an appointment under subsection (1) is not invalid merely because:
18
(a) the occasion for the appointment had not arisen; or
19
(b) there was a defect or irregularity in connection with the
20
appointment; or
21
(c) the appointment had ceased to have effect; or
22
(d) the occasion to act had not arisen or had ceased.
23
13 Appointment of the Commonwealth representative
24
The Minister must, by written instrument, appoint a person to be
25
the voting member who represents the Commonwealth.
26
Note:
For re-appointment, see subsection 33(4A) of the Acts Interpretation
27
Act 1901.
28
Membership of Safe Work Australia Part 3
Membership and appointment Division 2
Section 14
Safe Work Australia Bill 2008 No. , 2008 11
14 Appointment of each State and Te rritory representative
1
Appointment of State or Territory representative
2
(1) The Minister must, by written instrument, appoint a person to be
3
the voting member who represents a particular State or Territory.
4
Note:
For re-appointment, see subsection 33(4A) of the Acts Interpretation
5
Act 1901.
6
Nomination of State or Territory representative
7
(2) The Minister can only make the appointment if the person has been
8
nominated for the appointment by the State or Territory.
9
15 Appointment of workers' representatives
10
Appointment of workers' representatives
11
(1) The Minister must, by written instrument, appoint a person to be a
12
voting member who represents workers in Australia.
13
Note:
For re-appointment, see subsection 33(4A) of the Acts Interpretation
14
Act 1901.
15
Nomination of workers' representatives
16
(2) The Minister can only make the appointment if:
17
(a) the person has been nominated for the appointment by an
18
authorised body; and
19
(b) the Minister agrees to the person being appointed.
20
(3) If an authorised body nominates a person but the Minister does not
21
agree to the person being appointed, an authorised body (which
22
may be the same or a different body) may nominate another person
23
for the appointment.
24
Authorised body
25
(4) The Minister may authorise a body for the purpose of this section if
26
the Minister considers that the body represents the interests of
27
workers in Australia.
28
Part 3 Membership of Safe Work Australia
Division 2 Membership and appointment
Section 16
12 Safe Work Australia Bill 2008 No. , 2008
(5) If the Minister does so, the body is an authorised body.
1
16 Appointment of e mployers' representatives
2
Appointment of employers' representatives
3
(1) The Minister must, by written instrument, appoint a person to be a
4
voting member who represents employers in Australia.
5
Note:
For re-appointment, see subsection 33(4A) of the Acts Interpretation
6
Act 1901.
7
Nomination of employers' representatives
8
(2) The Minister can only make the appointment if:
9
(a) the person has been nominated for the appointment by an
10
authorised body; and
11
(b) the Minister agrees to the person being appointed.
12
(3) If an authorised body nominates a person but the Minister does not
13
agree to the person being appointed, an authorised body (which
14
may be the same or a different body) may nominate another person
15
for the appointment.
16
Authorised body
17
(4) The Minister may authorise a body for the purpose of this section if
18
the Minister considers that the body represents the interests of
19
employers in Australia.
20
(5) If the Minister does so, the body is an authorised body.
21
22
Membership of Safe Work Australia Part 3
Terms and conditions of voting members Division 3
Section 17
Safe Work Australia Bill 2008 No. , 2008 13
1
Division 3--Terms and conditions of voting members
2
Subdivision A--Terms and conditions that apply to all voting
3
members
4
17 Basis and pe riod of appointment of all voting me mbers
5
Part-time basis
6
(1) A voting member holds office on a part-time basis.
7
Period of appointment
8
(2) A voting member holds office for the period specified in his or her
9
instrument of appointment. The period must not exceed 3 years.
10
Note:
For re-appointment, see subsection 33(4A) of the Acts Interpretation
11
Act 1901.
12
18 Disclosure of interests to the Minister
13
A voting member must give written notice to the Minister of all
14
interests, pecuniary or otherwise, that the member has or acquires
15
and that conflict or could conflict with the proper performance of
16
the member's functions.
17
19 Resignation of voting me mbers
18
(1) A voting member may resign his or her appointment by giving the
19
Minister a written resignation.
20
(2) The resignation takes effect on the day it is received by the
21
Minister or, if a later day is specified in the resignation, on that
22
later day.
23
20 Termination of appointment of voting me mbe rs
24
Misbehaviour or incapacity
25
(1) The Minister may terminate the appointment of a voting member:
26
Part 3 Membership of Safe Work Australia
Division 3 Terms and conditions of voting members
Section 21
14 Safe Work Australia Bill 2008 No. , 2008
(a) for misbehaviour; or
1
(b) if the member is unable to perform the duties of his or her
2
office because of physical or mental incapacity.
3
Bankruptcy etc.
4
(2) The Minister may terminate the appointment of a voting member
5
if:
6
(a) the member:
7
(i) becomes bankrupt; or
8
(ii) applies to take the benefit of any law for the relief of
9
bankrupt or insolvent debtors; or
10
(iii) compounds with his or her creditors; or
11
(iv) makes an assignment of his or her remuneration for the
12
benefit of his or her creditors; or
13
(b) the member is absent, except on leave of absence, from 3
14
consecutive meetings of Safe Work Australia; or
15
(c) the member fails, without reasonable excuse, to comply with
16
section 18 or 40 (disclosure of interests).
17
Nominating body's request
18
(3) The Minister must terminate the appointment of a voting member
19
who represents a State, a Territory, workers or employers if the
20
body that nominated the member requests the Minister, in writing,
21
to terminate that appointment.
22
Note:
See sections 14 to 16 for the nomination process.
23
Subdivision B--Terms and conditions that apply only to the
24
Chair
25
21 Remuneration of the Chair
26
(1) The Chair is to be paid the remuneration that is determined by the
27
Remuneration Tribunal. If no determination of that remuneration
28
by the Tribunal is in operation, the Chair is to be paid the
29
remuneration that is prescribed by the regulations.
30
Membership of Safe Work Australia Part 3
Terms and conditions of voting members Division 3
Section 22
Safe Work Australia Bill 2008 No. , 2008 15
(2) The Chair is to be paid the allowances that are prescribed by the
1
regulations.
2
(3) This section has effect subject to the Remuneration Tribunal Act
3
1973.
4
22 Leave of absence of the Chair
5
The Minister may grant leave of absence to the Chair on the terms
6
and conditions as to remuneration or otherwise that the Minister
7
determines.
8
23 Other terms and conditions of the Chair
9
The Chair holds office on the terms and conditions (if any) in
10
relation to matters not covered by this Act that are determined by
11
the Minister.
12
Subdivision C--Terms and conditions etc. that apply only to
13
other voting members
14
24 Leave of absence of other voting me mbers
15
The Chair may grant leave of absence to any other voting member.
16
25 Application of the Remuneration Tribunal Act
17
The office of a voting member (other than the Chair) is not a public
18
office within the meaning of the Remuneration Tribunal Act 1973.
19
20
Part 4 Planning by Safe Work Australia
Division 1 What this Part is about
Section 26
16 Safe Work Australia Bill 2008 No. , 2008
Part 4--Planning by Safe Work Australia
1
Division 1--What this Part is about
2
26 What this Part is about
3
This Part is about Safe Work Australia's strategic plan and
4
operational plan. These plans impact on how it, and its CEO,
5
perform their respective functions (see subsections 7(2) and 45(2)).
6
Safe Work Australia prepares drafts of the plans for the Ministerial
7
Council to consider. Once the Ministerial Council approves the
8
plans, they become final.
9
Division 2 deals with the strategic plan. That plan covers a period
10
of 3 years. It sets out the outcomes that Safe Work Australia is to
11
achieve in those 3 years and the strategies the body is to use to do
12
so.
13
Division 3 deals with the operational plan. That plan covers a
14
period of 1 year. It sets out the activities that Safe Work Australia
15
is to undertake in that year.
16
Division 4 allows the Ministerial Council to direct Safe Work
17
Australia to amend either of the final plans.
18
19
Planning by Safe Work Australia Part 4
Strategic plan of Safe Work Australia Division 2
Section 27
Safe Work Australia Bill 2008 No. , 2008 17
Division 2--Strategic plan of Safe Work Australia
1
27 Safe Work Australia to prepare a draft strategic plan
2
Preparation of plan
3
(1) Safe Work Australia must prepare a draft strategic plan at least
4
once every 3 years and give it to the Ministerial Council.
5
Period covered by plan
6
(2) The draft plan must cover the next 3 years.
7
Matters dealt with in plan
8
(3) The draft plan must deal with the following matters only:
9
(a) the outcomes to be achieved by Safe Work Australia;
10
(b) the strategies that are to be followed by Safe Work Australia
11
to achieve those outcomes.
12
(4) The draft plan must not deal with the allocation of resources for the
13
performance of Safe Work Australia's functions.
14
28 Approval of draft strategic plan
15
Ministerial Council to approve or refuse plan
16
(1) If the draft strategic plan is given to the Ministerial Council, the
17
Council must:
18
(a) approve the draft plan; or
19
(b) refuse to approve the draft plan.
20
Note:
The Ministerial Council gives approvals or refusals by resolution of
21
the Council: see section 69.
22
Ministerial Council's directions to alter plan
23
(2) If the Ministerial Council refuses to approve the draft plan, the
24
Council must direct Safe Work Australia to:
25
(a) make specified alterations to the draft plan; and
26
Part 4 Planning by Safe Work Australia
Division 2 Strategic p lan of Safe Work Australia
Section 28
18 Safe Work Australia Bill 2008 No. , 2008
(b) give the altered draft plan to the Council within the period
1
specified in the direction.
2
Note:
The Ministerial Council gives directions by resolution of the Council:
3
see section 69.
4
(3) A direction under subsection (2):
5
(a) may only specify an alteration to the draft plan about the
6
following matters:
7
(i) the outcomes to be achieved by Safe Work Australia;
8
(ii) the strategies Safe Work Australia is to follow to
9
achieve those outcomes; and
10
(b) must not specify an alteration dealing with the allocation of
11
resources for the performance of Safe Work Australia's
12
functions.
13
Safe Work Australia to comply with Council's directions
14
(4) Safe Work Australia must comply with a direction under
15
subsection (2).
16
When Council must approve plan
17
(5) The Ministerial Council must approve the altered draft plan if:
18
(a) the altered draft plan is given to the Council; and
19
(b) the alterations are in accordance with the direction.
20
Otherwise, the Ministerial Council may refuse to approve the
21
altered draft plan.
22
Note:
The Ministerial Council gives approvals or refusals by resolution of
23
the Council: see section 69.
24
When plan becomes the final plan
25
(6) When the Ministerial Council approves the draft plan or altered
26
draft plan, it becomes Safe Work Australia's strategic plan for the
27
3 year period it covers.
28
Final plan to be published
29
(7) Safe Work Australia is to publish its strategic plan in such manner
30
as it considers appropriate.
31
Planning by Safe Work Australia Part 4
Strategic plan of Safe Work Australia Division 2
Section 28
Safe Work Australia Bill 2008 No. , 2008 19
Directions etc. not legislative instruments
1
(8) If a direction, an approval or a refusal of the Ministerial Council
2
under this section is made in writing, the direction, approval or
3
refusal is not a legislative instrument.
4
5
Part 4 Planning by Safe Work Australia
Division 3 Operational plan of Safe Work Australia
Section 29
20 Safe Work Australia Bill 2008 No. , 2008
1
Division 3--Operational plan of Safe Work Australia
2
29 Safe Work Australia to prepare a draft operational plan
3
Preparation of plan
4
(1) Before the start of each financial year, Safe Work Australia must
5
prepare a draft operational plan for the financial year and give it to
6
the Ministerial Council.
7
Matters dealt with in plan
8
(2) The draft plan must deal with the following matters only:
9
(a) the activities that are to be undertaken by Safe Work
10
Australia in performing its functions during the year;
11
(b) Safe Work Australia's total amount of expenditure for the
12
year.
13
(3) The draft plan must not:
14
(a) deal with the allocation of resources for the performance of
15
Safe Work Australia's functions; or
16
(b) be inconsistent with Safe Work Australia's strategic plan that
17
relates to the year.
18
30 Approval of draft operational plan
19
Ministerial Council to approve or refuse plan
20
(1) If the draft operational plan is given to the Ministerial Council, the
21
Council must:
22
(a) approve the draft plan; or
23
(b) refuse to approve the draft plan.
24
Note:
The Ministerial Council gives approvals or refusals by resolution of
25
the Council: see section 69.
26
Planning by Safe Work Australia Part 4
Operational p lan of Safe Work Australia Division 3
Section 30
Safe Work Australia Bill 2008 No. , 2008 21
Ministerial Council's directions to alter plan
1
(2) If the Council refuses to approve the draft plan, the Council must
2
direct Safe Work Australia to:
3
(a) make specified alterations to the draft plan; and
4
(b) give the altered draft plan to the Council within the period
5
specified in the direction.
6
Note:
The Ministerial Council gives directions by resolution of the Council:
7
see section 69.
8
(3) A direction under subsection (2):
9
(a) may only specify an alteration to the draft plan about the
10
following matters:
11
(i) the activities that are to be undertaken by Safe Work
12
Australia in performing its functions during the year;
13
(ii) Safe Work Australia's total amount of expenditure for
14
the year; and
15
(b) must not specify an alteration dealing with the allocation of
16
resources for the performance of Safe Work Australia's
17
functions; and
18
(c) must not be inconsistent with Safe Work Australia's strategic
19
plan that relates to the year.
20
Safe Work Australia to comply with Council's directions
21
(4) Safe Work Australia must comply with a direction under
22
subsection (2).
23
When Council must approve plan
24
(5) The Ministerial Council must approve the altered draft plan if:
25
(a) the altered draft plan is given to the Ministerial Council; and
26
(b) the alterations are in accordance with the direction.
27
Otherwise, the Ministerial Council may refuse to approve the
28
altered draft plan.
29
Note:
The Ministerial Council gives approvals or refusals by resolution of
30
the Council: see section 69.
31
Part 4 Planning by Safe Work Australia
Division 3 Operational plan of Safe Work Australia
Section 30
22 Safe Work Australia Bill 2008 No. , 2008
When plan becomes the final plan
1
(6) When the Ministerial Council approves the draft plan or altered
2
draft plan, it becomes Safe Work Australia's operational plan for
3
the financial year it covers.
4
Final plan to be published
5
(7) Safe Work Australia is to publish its operational plan in such
6
manner as it considers appropriate.
7
Directions etc. not legislative instruments
8
(8) If a direction, an approval or a refusal of the Ministerial Council
9
under this section is made in writing, the direction, approval or
10
refusal is not a legislative instrument.
11
12
Planning by Safe Work Australia Part 4
Ministerial Council's directions to alter strategic or operational plans Division 4
Section 31
Safe Work Australia Bill 2008 No. , 2008 23
Division 4--Ministerial Council's directions to alter
1
strategic or operational plans
2
31 Ministerial Council's directions to alter strategic plan
3
Ministerial Council's directions
4
(1) The Ministerial Council may direct Safe Work Australia to:
5
(a) make specified alterations to its strategic plan; and
6
(b) give the altered plan to the Council within the period
7
specified in the direction.
8
Note:
The Ministerial Council gives a direction by resolution of the Council:
9
see section 69.
10
Direction to amend strategic plan
11
(2) A direction under subsection (1):
12
(a) may only specify an alteration to the plan about the following
13
matters:
14
(i) the outcomes to be achieved by Safe Work Australia;
15
(ii) the strategies Safe Work Australia is to follow to
16
achieve those outcomes; and
17
(b) must not specify an alteration dealing with the allocation of
18
resources for the performance of Safe Work Australia's
19
functions.
20
Safe Work Australia to comply with Council's direction
21
(3) Safe Work Australia must comply with a direction under
22
subsection (1).
23
When Council must approve alterations to plan
24
(4) The Ministerial Council must approve the alterations to the plan if:
25
(a) the plan as altered is given to the Ministerial Council; and
26
(b) the alterations are in accordance with the direction.
27
Otherwise, the Ministerial Council may refuse to approve the
28
alterations.
29
Part 4 Planning by Safe Work Australia
Division 4 Ministerial Council's directions to alter strategic or operational plans
Section 32
24 Safe Work Australia Bill 2008 No. , 2008
Note:
The Ministerial Council gives approvals or refusals by resolution of
1
the Council: see section 69.
2
When alterations to strategic plan take effect
3
(5) When the Ministerial Council approves the alterations to the plan,
4
the plan as altered is Safe Work Australia's strategic plan for the 3
5
year period it covers.
6
Altered plan to be published
7
(6) Safe Work Australia is to publish its altered strategic plan in such
8
manner as it considers appropriate.
9
Directions etc. not legislative instruments
10
(7) If a direction, an approval or a refusal of the Ministerial Council
11
under this section is made in writing, the direction, approval or
12
refusal is not a legislative instrument.
13
32 Ministerial Council's directions to alter ope rational plan
14
Ministerial Council's directions
15
(1) The Ministerial Council may direct Safe Work Australia to:
16
(a) make specified alterations to its operational plan for a
17
financial year; and
18
(b) give the altered plan to the Council within the period
19
specified in the direction.
20
Note:
The Ministerial Council gives a direction by resolution of the Council:
21
see section 69.
22
(2) A direction under subsection (1):
23
(a) may only specify an alteration to the plan about the following
24
matters:
25
(i) the activities that are to be undertaken by Safe Work
26
Australia in performing its functions during the year;
27
(ii) Safe Work Australia's total amount of expenditure for
28
the year; and
29
Planning by Safe Work Australia Part 4
Ministerial Council's directions to alter strategic or operational plans Division 4
Section 32
Safe Work Australia Bill 2008 No. , 2008 25
(b) must not specify an alteration dealing with the allocation of
1
resources for the performance of Safe Work Australia's
2
functions; and
3
(c) must not be inconsistent with Safe Work Australia's strategic
4
plan that relates to the year.
5
Safe Work Australia to comply with Council's direction
6
(3) Safe Work Australia must comply with a direction under
7
subsection (1).
8
When Council must approve alterations to plan
9
(4) The Ministerial Council must approve the alterations to the plan if:
10
(a) the plan as altered is given to the Ministerial Council; and
11
(b) the alterations are in accordance with the direction.
12
Otherwise, the Ministerial Council may refuse to approve the
13
alterations.
14
Note:
The Ministerial Council gives approvals or refusals by resolution of
15
the Council: see section 69.
16
When alterations to operational plan take effect
17
(5) When the Ministerial Council approves the alterations to the plan,
18
the plan as altered is Safe Work Australia's operational plan for the
19
financial year it covers.
20
Altered plan to be published
21
(6) Safe Work Australia is to publish its altered operational plan in
22
such manner as it considers appropriate.
23
Directions etc. not legislative instruments
24
(7) If a direction, an approval or a refusal of the Ministerial Council
25
under this section is made in writing, the direction, approval or
26
refusal is not a legislative instrument.
27
28
Part 5 Decision-making by Safe Work Australia
Division 1 What this Part is about
Section 33
26 Safe Work Australia Bill 2008 No. , 2008
Part 5--Decision-making by Safe Work Australia
1
Division 1--What this Part is about
2
33 What this Part is about
3
This Part is about how Safe Work Australia makes decisions.
4
Division 2 deals with how it makes decisions at meetings and
5
provides the general rules on how the meetings are to be run.
6
Special rules apply for decisions relating to the model OHS
7
legislation or model OHS codes of practice.
8
Division 3 deals with how it can make decisions without meeting.
9
10
Decision-making by Safe Work Australia Part 5
Meetings of Safe Work Australia Division 2
Section 34
Safe Work Australia Bill 2008 No. , 2008 27
1
Division 2--Meetings of Safe Work Australia
2
34 Holding of meetings
3
(1) Safe Work Australia must hold such meetings as are necessary for
4
the performance of its functions.
5
(2) The Chair:
6
(a) may convene a meeting at any time; and
7
(b) must convene at least 3 meetings each financial year.
8
35 Presiding at meetings
9
(1) The Chair presides at all meetings at which he or she is present.
10
(2) If the Chair is not present at a meeting but the voting member
11
representing the Commonwealth is present, that member is to
12
preside.
13
(3) If the Chair and that member are not present at a meeting, the other
14
voting members present must appoint one of themselves to preside.
15
36 Substitution of voting membe rs at meetings
16
(1) A voting member (other than the Chair) who is unable to attend a
17
meeting may, in writing, request the Chair to agree to another
18
specified person being the member's substitute at the meeting.
19
(2) If the Chair agrees, in writing, to the specified person being the
20
member's substitute at the meeting, then, for the purpose of that
21
meeting, the person is taken to be that member.
22
Note:
This means, for example, that the substitute will need to disclose any
23
interests in a matter being considered, or about to be considered, at the
24
meeting: see section 40.
25
37 Quorum at meetings
26
(1) At a meeting of Safe Work Australia, a majority of the voting
27
members constitute a quorum.
28
Part 5 Decision-making by Safe Work Australia
Division 2 Meetings of Safe Work Australia
Section 38
28 Safe Work Australia Bill 2008 No. , 2008
(2) However, if:
1
(a) section 40 (disclosure of interests) prevents a voting member
2
from participating in Safe Work Australia's deliberations or
3
decisions in relation to a particular matter; and
4
(b) when the member leaves the meeting concerned there is no
5
longer a quorum present;
6
the remaining voting members at the meeting constitute a quorum
7
for the purpose of any deliberation or decision at that meeting in
8
relation to that matter.
9
(3) Despite subsections (1) and (2), a quorum is not constituted for the
10
purpose of any deliberation or decision relating to the model OHS
11
legislation or model OHS codes of practice if a majority of all of
12
the voting members who represent the Commonwealth, States and
13
Territories are not present for the deliberation or decision.
14
Note:
The voting members who represent the Commonwealth, States and
15
Territories are those members referred to in paragraphs 10(1)(b) and
16
(c).
17
38 Decisions at meetings etc.
18
(1) At a meeting, a question is decided by a two-thirds majority of the
19
votes of the voting members present and voting.
20
(2) However, if the question relates to the model OHS legislation or
21
model OHS codes of practice, the question is decided by:
22
(a) a two-thirds majority of the votes of the voting members
23
present and voting; and
24
(b) a majority of the votes of all of the voting members who
25
represent the Commonwealth, States and Territories.
26
Note:
The voting members who represent the Commonwealth, States and
27
Territories are those members referred to in paragraphs 10(1)(b) and
28
(c).
29
39 Conduct of meetings
30
Safe Work Australia may, subject to this Division, regulate
31
proceedings at its meetings as it considers appropriate.
32
Note:
Section 33B of the Acts Interpretation Act 1901 provides for
33
participation in meetings by telephone etc.
34
Decision-making by Safe Work Australia Part 5
Meetings of Safe Work Australia Division 2
Section 40
Safe Work Australia Bill 2008 No. , 2008 29
40 Disclosure of interests to Safe Work Australia
1
Member to disclose interests
2
(1) A member who has an interest, pecuniary or otherwise, in a matter
3
being considered or about to be considered by Safe Work Australia
4
must disclose the nature of the interest to a meeting of Safe Work
5
Australia.
6
Note:
This section applies to a person who is a substitute for a voting
7
member (see subsection 36(2)) and also to the CEO.
8
When disclosure is to be made
9
(2) The disclosure must be made as soon as possible after the relevant
10
facts have come to the member's knowledge.
11
Disclosure to be recorded
12
(3) The disclosure must be recorded in the minutes of the meeting.
13
When member cannot be present or vote at meeting
14
(4) The member:
15
(a) must not be present during any deliberation by Safe Work
16
Australia on the matter; and
17
(b) must not take part in any decision of Safe Work Australia on
18
the matter.
19
(5) Subsection (4) does not apply if:
20
(a) the matter relates to the model OHS legislation or model
21
OHS codes of practice; or
22
(b) Safe Work Australia decides the member may be present or
23
take part.
24
Decisions about member's presence etc.
25
(6) For the purposes of making a decision under paragraph (5)(b), the
26
member:
27
(a) must not be present during any deliberation of Safe Work
28
Australia for the purpose of making the decision; and
29
(b) must not take part in making the decision.
30
Part 5 Decision-making by Safe Work Australia
Division 2 Meetings of Safe Work Australia
Section 41
30 Safe Work Australia Bill 2008 No. , 2008
(7) A decision must be recorded in the minutes of the meeting.
1
41 Minutes
2
Safe Work Australia must keep minutes of its meetings.
3
4
Decision-making by Safe Work Australia Part 5
Decisions without meetings Division 3
Section 42
Safe Work Australia Bill 2008 No. , 2008 31
1
Division 3--Decisions without meetings
2
42 Decisions without meetings
3
General decisions
4
(1) Safe Work Australia is taken to have made a decision at a meeting
5
if:
6
(a) without meeting, a two-thirds majority of the voting members
7
entitled to vote on the proposed decision indicate agreement
8
with the decision; and
9
(b) that agreement is indicated in accordance with the method
10
determined by Safe Work Australia under subsection (3); and
11
(c) all the voting members were informed of the proposed
12
decision, or reasonable efforts were made to inform all the
13
voting members of the proposed decision.
14
Decisions about model OHS legislation or codes of practice
15
(2) However, if the decision relates to the model OHS legislation or
16
model OHS codes of practice, Safe Work Australia is only taken to
17
have made the decision at a meeting if:
18
(a) without meeting:
19
(i) a two-thirds majority of the voting members entitled to
20
vote on the proposed decision; and
21
(ii) a majority of the votes of all the voting members who
22
represent the Commonwealth, States and Territories;
23
indicate agreement with the decision; and
24
(b) that agreement is indicated in accordance with the method
25
determined by Safe Work Australia under subsection (3); and
26
(c) all the voting members were informed of the proposed
27
decision, or reasonable efforts were made to inform all the
28
voting members of the proposed decision.
29
When decisions can be made without meeting
30
(3) Subsection (1) or (2) applies only if:
31
Part 5 Decision-making by Safe Work Australia
Division 3 Decisions without meetings
Section 42
32 Safe Work Australia Bill 2008 No. , 2008
(a) Safe Work Australia has determined that it may make
1
decisions of that kind without meeting; and
2
(b) Safe Work Australia has determined the method by which
3
voting members are to indicate agreement with proposed
4
decisions.
5
When voting members are not entitled to vote
6
(4) For the purposes of paragraph (1)(a) and subparagraph (2)(a)(i), a
7
voting member is not entitled to vote on a proposed decision if the
8
member would not have been entitled to vote on that proposal if
9
the matter had been considered at a meeting of Safe Work
10
Australia.
11
Record of decisions
12
(5) Safe Work Australia must keep a record of decisions made in
13
accordance with this section.
14
15
The CEO, staff and co mmittees of Safe Work Australia, and others assisting Part 6
What this Part is about Division 1
Section 43
Safe Work Australia Bill 2008 No. , 2008 33
Part 6--The CEO, staff and committees of Safe
1
Work Australia, and others assisting
2
Division 1--What this Part is about
3
43 What this Part is about
4
This Part is about Safe Work Australia's CEO, its staff, its
5
committees and others who assist it to perform its functions.
6
CEO
7
Division 2 is about the CEO. The CEO's functions are to manage
8
Safe Work Australia's administration and assist it in the
9
performance of its functions. The CEO must perform his or her
10
functions in accordance with the strategic and operational plans.
11
He or she must also comply with any direction given by the
12
Minister (see section 46) or Safe Work Australia (see section 48).
13
Staff, committees and others
14
Division 3 is about Safe Work Australia's staff, its committees and
15
other people who assist it to perform its functions.
16
Its staff are members of the Australian Public Service (see
17
section 59).
18
Its committees are constituted by the Chair, and may consist of
19
members of Safe Work Australia or others (see section 60).
20
Other people who assist it can be consultants, or those people that
21
the Commonwealth, the States or the Territories make available to
22
Safe Work Australia for that purpose.
23
24
Part 6 The CEO, staff and co mmittees of Safe Work Australia, and others assisting
Division 2 The CEO o f Safe Work Australia
Section 44
34 Safe Work Australia Bill 2008 No. , 2008
1
Division 2--The CEO of Safe Work Australia
2
Subdivision A--Functions of the CEO
3
44 The CEO
4
There is to be a Chief Executive Officer of Safe Work Australia.
5
45 Functions of the CEO
6
(1) The CEO's functions are:
7
(a) to manage the administration of Safe Work Australia; and
8
(b) to assist Safe Work Australia in the performance of its
9
functions.
10
(2) The CEO must perform his or her functions in accordance with
11
Safe Work Australia's strategic plan and operational plan.
12
(3) Subsection (2) does not apply to the extent that:
13
(a) performance in accordance with the plans would be
14
inconsistent with a direction of the Minister under section 46;
15
or
16
(b) performance in accordance with the plans would be
17
inconsistent with the CEO's performance of functions or
18
exercise of powers under the Financial Management and
19
Accountability Act 1997 in relation to Safe Work Australia;
20
or
21
(c) the plans relate to the CEO's performance of functions or
22
exercise of powers under the Public Service Act 1999 in
23
relation to Safe Work Australia.
24
46 Directions from the Minister
25
Minister may give directions to the CEO
26
(1) The Minister may, by legislative instrument, give written directions
27
to the CEO:
28
The CEO, staff and co mmittees of Safe Work Australia, and others assisting Part 6
The CEO of Safe Work Australia Division 2
Section 47
Safe Work Australia Bill 2008 No. , 2008 35
(a) about the performance of the CEO's functions (see
1
section 45); or
2
(b) requiring the provision of a report or advice on a matter
3
relating to Safe Work Australia's functions.
4
Note 1:
Section 42 (disallowance) of the Legislative Instruments Act 2003
5
does not apply to the direction--see section 44 of that Act.
6
Note 2:
Part 6 (sunsetting) of the Legislative Instruments Act 2003 does not
7
apply to the direction--see section 54 of that Act.
8
Directions about the CEO's functions are to be general
9
(2) A direction under paragraph (1)(a) must be of a general nature
10
only.
11
The CEO must comply with the Minister's directions
12
(3) The CEO must comply with a direction under subsection (1).
13
When the CEO is not required to comply with directions
14
(4) Subsection (3) does not apply to the extent that the direction relates
15
to the CEO's performance of functions or exercise of powers under
16
the Public Service Act 1999 in relation to Safe Work Australia.
17
47 CEO to keep the Minister informed
18
The CEO must keep the Minister informed of Safe Work
19
Australia's progress in the performance of its functions.
20
48 Directions from Safe Work Australia
21
Safe Work Australia may give directions to the CEO
22
(1) Safe Work Australia may give written directions to the CEO:
23
(a) about the performance of the CEO's function under
24
paragraph 45(1)(b) (assisting Safe Work Australia); or
25
(b) requiring the provision of a report or advice on a matter
26
relating to Safe Work Australia's functions.
27
Part 6 The CEO, staff and co mmittees of Safe Work Australia, and others assisting
Division 2 The CEO o f Safe Work Australia
Section 49
36 Safe Work Australia Bill 2008 No. , 2008
The CEO must comply with Safe Work Australia's directions
1
(2) The CEO must comply with a direction under subsection (1).
2
When the CEO is not required to comply with directions
3
(3) Subsection (2) does not apply to the extent that:
4
(a) the direction is inconsistent with Safe Work Australia's
5
strategic plan or operational plan; or
6
(b) the direction deals with the allocation of resources for the
7
performance of Safe Work Australia's functions; or
8
(c) compliance with the direction would be inconsistent with a
9
direction of the Minister under section 46; or
10
(d) compliance with the direction would be inconsistent with the
11
CEO's performance of functions or exercise of powers under
12
the Financial Management and Accountability Act 1997 in
13
relation to Safe Work Australia; or
14
(e) the direction relates to the CEO's performance of functions
15
or exercise of powers under the Public Service Act 1999 in
16
relation to Safe Work Australia.
17
Direction is not a legislative instrument
18
(4) A direction under subsection (1) is not a legislative instrument.
19
49 CEO to keep Safe Work Australia informe d
20
The CEO must keep Safe Work Australia informed of progress on
21
its operational plan.
22
Subdivision B--Appointment of the CEO
23
50 Appointment of CEO
24
Appointment by Minister
25
(1) The Minister must, by written instrument, appoint the CEO.
26
Note:
For re-appointment, see subsection 33(4A) of the Acts Interpretation
27
Act 1901.
28
The CEO, staff and co mmittees of Safe Work Australia, and others assisting Part 6
The CEO of Safe Work Australia Division 2
Section 51
Safe Work Australia Bill 2008 No. , 2008 37
Full-time basis
1
(2) The CEO holds office on a full-time basis.
2
Period of appointment
3
(3) The CEO holds office for the period specified in his or her
4
instrument of appointment. The period must not exceed 5 years.
5
Note:
For re-appointment, see subsection 33(4A) of the Acts Interpretation
6
Act 1901.
7
51 Appointment of acting CEO
8
Appointment by Minister
9
(1) The Minister may, by written instrument, appoint a person to act as
10
the CEO:
11
(a) during a vacancy in the office of the CEO (whether or not an
12
appointment has previously been made to the office); or
13
(b) during any period, or during all periods, when the CEO:
14
(i) is absent from duty or Australia; or
15
(ii) is, for any reason, unable to perform the duties of the
16
office.
17
Note:
See also section 33A of the Acts Interpretation Act 1901, which
18
contains extra rules about acting appointments.
19
No invalidity
20
(2) Anything done by or in relation to a person purporting to act as the
21
CEO under this section is not invalid merely because:
22
(a) the occasion for the appointment had not arisen; or
23
(b) there was a defect or irregularity in connection with the
24
appointment; or
25
(c) the appointment had ceased to have effect; or
26
(d) the occasion to act had not arisen or had ceased.
27
Part 6 The CEO, staff and co mmittees of Safe Work Australia, and others assisting
Division 2 The CEO o f Safe Work Australia
Section 52
38 Safe Work Australia Bill 2008 No. , 2008
Subdivision C--Terms and conditions of the CEO
1
52 Remuneration of the CEO
2
(1) The CEO is to be paid the remuneration that is determined by the
3
Remuneration Tribunal. If no determination of that remuneration
4
by the Tribunal is in operation, the CEO is to be paid the
5
remuneration that is prescribed by the regulations.
6
(2) The CEO is to be paid the allowances that are prescribed by the
7
regulations.
8
(3) This section has effect subject to the Remuneration Tribunal Act
9
1973.
10
53 Leave of absence of the CEO
11
(1) The CEO has the recreation leave entitlements that are determined
12
by the Remuneration Tribunal.
13
(2) The Minister may grant the CEO leave of absence, other than
14
recreation leave, on the terms and conditions as to remuneration or
15
otherwise that the Minister determines.
16
54 Other employment of the CEO
17
The CEO must not engage in paid employment outside the duties
18
of his or her office without the Minister's approval.
19
55 Disclosure of interests to the Minister
20
The CEO must give written notice to the Minister of all interests,
21
pecuniary or otherwise, that the CEO has or acquires and that
22
conflict or could conflict with the proper performance of the
23
CEO's functions.
24
56 Resignation of the CEO
25
(1) The CEO may resign his or her appointment by giving the Minister
26
a written resignation.
27
The CEO, staff and co mmittees of Safe Work Australia, and others assisting Part 6
The CEO of Safe Work Australia Division 2
Section 57
Safe Work Australia Bill 2008 No. , 2008 39
(2) The resignation takes effect on the day it is received by the
1
Minister or, if a later day is specified in the resignation, on that
2
later day.
3
57 Termination of appointment of the CEO
4
Misbehaviour or incapacity
5
(1) The Minister may terminate the appointment of the CEO:
6
(a) for misbehaviour; or
7
(b) if the CEO is unable to perform the duties of his or her office
8
because of physical or mental incapacity.
9
Bankruptcy etc.
10
(2) The Minister may terminate the appointment of the CEO if:
11
(a) the CEO:
12
(i) becomes bankrupt; or
13
(ii) applies to take the benefit of any law for the relief of
14
bankrupt or insolvent debtors; or
15
(iii) compounds with his or her creditors; or
16
(iv) makes an assignment of his or her remuneration for the
17
benefit of his or her creditors; or
18
(b) the CEO is absent, except on leave of absence, for 14
19
consecutive days or for 28 days in any 12 months; or
20
(c) the CEO engages, except with the Minister's approval, in
21
paid employment outside the duties of his or her office (see
22
section 54); or
23
(d) the CEO fails, without reasonable excuse, to comply with
24
section 40 or 55 (disclosure of interests).
25
Unsatisfactory performance
26
(3) The Minister may terminate the appointment of the CEO if the
27
Minister is of the opinion that the performance of the CEO has
28
been unsatisfactory.
29
Part 6 The CEO, staff and co mmittees of Safe Work Australia, and others assisting
Division 2 The CEO o f Safe Work Australia
Section 58
40 Safe Work Australia Bill 2008 No. , 2008
58 Other terms and conditions of the CEO
1
The CEO holds office on the terms and conditions (if any) in
2
relation to matters not covered by this Act that are determined by
3
the Minister.
4
5
The CEO, staff and co mmittees of Safe Work Australia, and others assisting Part 6
Staff and co mmittees of Safe Work Australia, and others assisting it Division 3
Section 59
Safe Work Australia Bill 2008 No. , 2008 41
1
Division 3--Staff and committees of Safe Work Australia,
2
and others assisting it
3
Subdivision A--Staff of Safe Work Australia
4
59 Staff of Safe Work Australia
5
(1) The staff of Safe Work Australia must be persons engaged under
6
the Public Service Act 1999.
7
(2) For the purposes of the Public Service Act 1999:
8
(a) the CEO and the staff of Safe Work Australia together
9
constitute a Statutory Agency; and
10
(b) the CEO is the Head of that Statutory Agency.
11
Subdivision B--Committees of Safe Work Australia
12
60 Committees of Safe Work Australia
13
(1) Safe Work Australia may constitute committees for the purpose of
14
assisting it in the performance of its functions.
15
(2) A committee may be constituted:
16
(a) wholly by members; or
17
(b) wholly by persons who are not members; or
18
(c) partly by members and partly by other persons.
19
(3) The procedures under which a committee is to operate are to be as
20
determined by Safe Work Australia.
21
(4) A committee must give Safe Work Australia such reports,
22
documents and information in relation to the committee's functions
23
as Safe Work Australia requests.
24
Part 6 The CEO, staff and co mmittees of Safe Work Australia, and others assisting
Division 3 Staff and committees of Safe Work Australia, and others assisting it
Section 61
42 Safe Work Australia Bill 2008 No. , 2008
Subdivision C--Others assisting Safe Work Australia
1
61 Persons assisting Safe Work Australia
2
Safe Work Australia may also be assisted:
3
(a) by employees of Agencies (within the meaning of the Public
4
Service Act 1999); or
5
(b) by officers and employees of a State or Territory; or
6
(c) by officers and employees of authorities of the
7
Commonwealth, State or Territory;
8
whose services are made available to Safe Work Australia in
9
connection with the performance of any of its functions.
10
62 Consultants
11
The CEO may, on behalf of the Commonwealth, engage
12
consultants to assist in the performance of Safe Work Australia's
13
functions.
14
15
The Safe Work Australia Special Account Part 7
Section 63
Safe Work Australia Bill 2008 No. , 2008 43
1
Part 7--The Safe Work Australia Special Account
2
3
63 What this Part is about
4
This Part is about the funding of Safe Work Australia.
5
It establishes an account for the money that is allocated by the
6
Commonwealth, the States and the Territories for the purposes of
7
Safe Work Australia.
8
It also provides how that money may be spent.
9
64 The Safe Work Australia Special Account
10
(1) The Safe Work Australia Special Account is established by this
11
section.
12
(2) The Account is a Special Account for the purposes of the Financial
13
Management and Accountability Act 1997.
14
65 Credits to the Account
15
There must be credited to the Account amounts equal to the
16
following:
17
(a) amounts that are paid by a State or Territory to the
18
Commonwealth in accordance with the Intergovernmental
19
Agreement;
20
(b) amounts that the Commonwealth agrees to allocate in
21
accordance with the Intergovernmental Agreement;
22
(c) any other amounts that are paid by a State or Territory to the
23
Commonwealth for the purpose of the performance of Safe
24
Work Australia's functions;
25
(d) any other amounts that the Commonwealth agrees to allocate
26
for the purpose of the performance of Safe Work Australia's
27
functions;
28
Part 7 The Safe Work Australia Special Account
Section 66
44 Safe Work Australia Bill 2008 No. , 2008
(e) amounts of any gifts given or bequests made for the purposes
1
of the Account.
2
Note:
An Appropriation Act may contain a provision to the effect that, if any
3
of the purposes of a Special Account is a purpose that is covered by an
4
item in the Appropriation Act (whether or not the item expressly refers
5
to the Special Account), then amounts may be debited against the
6
appropriation for that item and credited to that Special Account.
7
66 Purposes of the Account
8
(1) This section sets out the purposes of the Account.
9
(2) Amounts standing to the credit of the Account may be debited for
10
the following purposes:
11
(a) in payment or discharge of the costs, expenses and other
12
obligations incurred by the Commonwealth in the
13
performance of Safe Work Australia's functions;
14
(b) in payment of any remuneration and allowances payable to
15
any person under this Act;
16
(c) meeting the expenses of administering the Account.
17
18
Miscellaneous Part 8
Section 67
Safe Work Australia Bill 2008 No. , 2008 45
1
Part 8--Miscellaneous
2
3
67 Delegation by Safe Work Australia
4
Safe Work Australia may, in writing, delegate all or any of its
5
functions or powers under this Act to the following:
6
(a) a member;
7
(b) an SES employee or acting SES employee of the staff of Safe
8
Work Australia.
9
68 Delegation by the CEO of Safe Work Australia
10
The CEO may, in writing, delegate all or any of his or her
11
functions or powers under this Act to an SES employee or acting
12
SES employee of the staff of Safe Work Australia.
13
69 How Ministerial Council gives directions etc.
14
The Ministerial Council is to give a direction, an approval or a
15
refusal for the purposes of a provision of this Act by resolution of
16
the Council passed in accordance with the procedures determined
17
by the Council.
18
70 Annual Report
19
Annual report to be given to Minister
20
(1) The CEO must, as soon as practicable after 30 June in each
21
financial year, prepare and give to the Minister, Safe Work
22
Australia and the Ministerial Council a report on Safe Work
23
Australia's operations during that year.
24
Contents of annual report
25
(2) The CEO must include in the report the following:
26
(a) the financial statements required by section 49 of the
27
Financial Management and Accountability Act 1997;
28
Part 8 Miscellaneous
Section 71
46 Safe Work Australia Bill 2008 No. , 2008
(b) an audit report on those statements under section 57 of the
1
Financial Management and Accountability Act 1997.
2
71 Inte rgovernmental Agreement to be available on the Internet
3
The Minister must ensure that a copy of the Intergovernmental
4
Agreement is available on the Department's website.
5
72 Review of Safe Work Australia's role and functions
6
Minister must conduct review
7
(1) The Minister must cause a review of Safe Work Australia's
8
ongoing role and functions to be conducted.
9
When review is to start and be completed
10
(2) The review must:
11
(a) start 6 years after the commencement of this section; and
12
(b) be completed within 6 months.
13
Report about review
14
(3) The Minister must cause a written report about the review to be
15
prepared.
16
Parliament to be given report
17
(4) The Minister must cause a copy of the report to be laid before each
18
House of Parliament within 15 sitting days after the Minister
19
receives the report.
20
73 Regulations
21
The Governor-General may make regulations prescribing matters:
22
(a) required or permitted by this Act to be prescribed; or
23
(b) necessary or convenient to be prescribed for carrying out or
24
giving effect to this Act.
25