WORK HEALTH AND SAFETY (TRANSITIONAL AND CONSEQUENTIAL PROVISIONS) BILL 2011

i Work Health and Safety (Transitional and Consequential Provisions) Bill 2011 No. ,

2011

Contents

1 Short

title

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2 Commencement

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3 Schedule(s)

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4 Definitions

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5 Regulations

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Schedule 1--Repeal of the Occupational Health and Safety Act

1991

Occupational Health and Safety Act 1991

Schedule 2--Transitional provisions

Part 1--Application generally

Part 2--Application of duties imposed under WHS Act

Part 3--Notifiable incidents etc.

Part 4--Work groups, health and safety representatives and

committees

Part 5--Comcare and inspectors

Part 6--Enforcement measures

Part 7--Other matters

Schedule 3--Safety, Rehabilitation and Compensation Act 1988

Part 1--Consequential amendments

Safety, Rehabilitation and Compensation Act 1988

Part 2--Transitional provisions relating to regulatory

contributions and licence fees

Schedule 4--Other consequential amendments

Social Security Act 1991

Work Health and Safety (Transitional and Consequential Provisions) Bill 2011 No. , 2011

A Bill for an Act to deal with transitional and

consequential matters in connection with the Work

Health and Safety Act 2011, and for related

purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Work Health and Safety (Transitional

and Consequential Provisions) Act 2011.

2 Commencement

(1) Each provision of this Act specified in column 1 of the table

commences, or is taken to have commenced, in accordance with

2 Work Health and Safety (Transitional and Consequential Provisions) Bill 2011 No.

, 2011

column 2 of the table. Any other statement in column 2 has effect

according to its terms.

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 to 3

and anything in

this Act not

elsewhere covered

by this table

The day this Act receives the Royal Assent.

2. Sections 4 and

At the same time as the Work Health and

Safety Act 2011 commences.

1 January 2012

3. Schedules 1 to

At the same time as the Work Health and

Safety Act 2011 commences.

1 January 2012

Note:

This table relates only to the provisions of this Act as originally

enacted. It will not be amended to deal with any later amendments of

this Act.

(2) Any information in column 3 of the table is not part of this Act.

Information may be inserted in this column, or information in it

may be edited, in any published version of this Act.

3 Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or

repealed as set out in the applicable items in the Schedule

concerned, and any other item in a Schedule to this Act has effect

according to its terms.

4 Definitions

In this Act:

Comcare means the body corporate established under section 68 of

the SRC Act.

commencing day means 1 January 2012.

Commission means the Safety, Rehabilitation and Compensation

Commission established by section 89A of the SRC Act.

Work Health and Safety (Transitional and Consequential Provisions) Bill 2011 No. , 2011

modifications include additions, omissions and substitutions.

OHS Act means the Occupational Health and Safety Act 1991 and

includes any instrument made under that Act.

plant:

(a) in relation to duties imposed under the OHS Act that

continue to apply because of a provision of this Act--has the

same meaning as in the OHS Act; and

(b) in relation to duties imposed under the WHS Act--has the

same meaning as in the WHS Act.

residual operation of OHS Act has the meaning given by item 13

of Schedule 2.

SRC Act means the Safety, Rehabilitation and Compensation Act

1988 and includes any instrument made under that Act.

structure:

(a) in relation to duties imposed under the OHS Act that

continue to apply because of a provision of this Act--has the

same meaning as in the OHS Act; and

(b) in relation to duties imposed under the WHS Act--has the

same meaning as in the WHS Act.

substance:

(a) in relation to duties imposed under the OHS Act that

continue to apply because of a provision of this Act--has the

same meaning as in the OHS Act; and

(b) in relation to duties imposed under the WHS Act--has the

same meaning as in the WHS Act.

supply:

(a) in relation to duties imposed under the OHS Act that

continue to apply because of a provision of this Act--has the

same meaning as in the OHS Act; and

(b) in relation to duties imposed under the WHS Act--has the

same meaning as in the WHS Act.

WHS Act means the Work Health and Safety Act 2011 and

includes any instrument made under that Act.

4 Work Health and Safety (Transitional and Consequential Provisions) Bill 2011 No.

, 2011

5 Regulations

(1) The Governor-General may make regulations prescribing matters:

(a) required or permitted by this Act to be prescribed; or

(b) necessary or convenient to be prescribed for carrying out or

giving effect to this Act.

(2) Without limiting subsection (1):

(a) the regulations may make provisions of a transitional,

application or saving nature relating to the repeal of the OHS

Act and the enactment of the WHS Act; and

(b) regulations made for the purposes of paragraph (a) may make

modifications of this Act, the WHS Act, the OHS Act and the

SRC Act.

Schedule 2 Transitional provisions

Part 1 Application generally

6 Work Health and Safety (Transitional and Consequential Provisions) Bill 2011 No.

, 2011

Schedule 2--Transitional provisions

Part 1--Application generally

1 Application of OHS Act to certain breaches etc.

(1)

The OHS Act continues to apply in relation to a breach of the OHS Act

that occurred before the commencing day, or is alleged to have occurred

before that day, as if the OHS Act had not been repealed.

(2)

However, if the action or failure to act that constitutes the breach

continues on or after the commencing day then, subject to any other

item of this Schedule, the OHS Act does not apply to that action or

failure to act to the extent that it occurs on or after the commencing day.

Transitional provisions Schedule 2

Application of duties imposed under WHS Act Part 2

Work Health and Safety (Transitional and Consequential Provisions) Bill 2011 No. , 2011

Part 2--Application of duties imposed under WHS

Act

2 Duties of designers

(1)

Subject to this item, the duties imposed on a designer under section 22

of the WHS Act do not apply in relation to any plant, substance or

structure if the designer started (or started and completed) designing the

plant, substance or structure before the commencing day.

(2)

If a designer started designing any plant, substance or structure before

the commencing day but has not completed the design by the second

anniversary of the commencing day, then:

(a) the designer will, in relation to the plant, substance or

structure, cease to have the benefit of subitem (1); and

(b) the designer must comply with the requirements of the WHS

Act in relation to the duties of a designer.

(3)

If a designer carries out any calculations, analysis, testing or

examination that may be relevant to determining whether any plant,

substance or structure is designed to be without risks to the health and

safety of persons mentioned in paragraphs 22(2)(a) to (f) of the WHS

Act then, despite subitem (1):

(a) the duty imposed on the designer under paragraph 22(4)(b) of

the WHS Act applies to the results of the calculations,

analysis, testing or examination; and

(b) to the extent that it relates to the results, subsection 22(5) of

the WHS Act applies to the designer.

3 Duties of manufacturers

(1)

Subject to this item, the duties imposed on a manufacturer under

section 23 of the WHS Act do not apply in relation to any plant,

substance or structure if the manufacturer started (or started and

completed) any process associated with the manufacture of the plant,

substance or structure before the commencing day.

(2)

Despite the repeal of the OHS Act, the duties imposed on a

manufacturer under subsections 18(1) and (2) of the OHS Act apply to

and in relation to any plant or substance if the manufacturer started (or

started and completed) any process associated with the manufacture of

the plant or substance before the commencing day.

Schedule 2 Transitional provisions

Part 2 Application of duties imposed under WHS Act

8 Work Health and Safety (Transitional and Consequential Provisions) Bill 2011 No.

, 2011

(3)

If a duty under the OHS Act applies because of subitem (2), the OHS

Act applies in relation to a breach, or alleged breach, of that duty,

despite the repeal of that Act.

(4)

If a manufacturer started any process associated with the manufacture of

any plant, substance or structure before the commencing day but has not

completed the manufacture by the first anniversary of the commencing

day, then:

(a) the manufacturer will, in relation to the plant, substance or

structure, cease to have the benefit of subitem (1); and

(b) the manufacturer must comply with the requirements of the

WHS Act in relation to the duties of a manufacturer.

(5)

If a manufacturer carries out any calculations, analysis, testing or

examination that may be relevant to determining whether any plant,

substance or structure is manufactured to be without risks to the health

and safety of persons mentioned in paragraphs 23(2)(a) to (f) of the

WHS Act then, despite subitem (1):

(a) the duty imposed on the manufacturer under paragraph

23(4)(b) of the WHS Act applies to the results of the

calculations, analysis, testing or examination; and

(b) to the extent that it relates to the results, subsection 23(5) of

the WHS Act applies to the manufacturer.

4 Duties of importers

(1)

Subject to this item, the duties imposed on an importer under section 24

of the WHS Act do not apply in relation to any plant, substance or

structure if the importer started (or started and completed) any steps

constituting the importation of the plant, substance or structure before

the commencing day.

(2)

Despite the repeal of the OHS Act, the duties imposed under

subsections 18(1) and (2) of the OHS Act on an importer who is taken

to be the manufacturer of any plant or substance because of subsection

18(3) of that Act apply to and in relation to the plant or substance if the

importer started (or started and completed) any steps constituting the

importation of the plant or substance before the commencing day.

(3)

If a duty under the OHS Act applies because of subitem (2), the OHS

Act applies in relation to a breach, or alleged breach, of that duty,

despite the repeal of that Act.

Transitional provisions Schedule 2

Application of duties imposed under WHS Act Part 2

Work Health and Safety (Transitional and Consequential Provisions) Bill 2011 No. , 2011

(4)

If an importer started any process associated with the importing of any

plant, substance or structure before the commencing day but has not

completed the importing by the first anniversary of the commencing

day, then:

(a) the importer will, in relation to the plant, substance or

structure, cease to have the benefit of subitem (1); and

(b) the importer must comply with the requirements of the WHS

Act in relation to the duties of an importer.

(5)

If an importer carries out any calculations, analysis, testing or

examination that may be relevant to determining whether any plant,

substance or structure that is imported is without risks to the health and

safety of persons mentioned in paragraphs 24(2)(a) to (f) of the WHS

Act, or ensures that they have been carried out, then, despite

subitem (1):

(a) the duty imposed on the importer under paragraph 24(4)(b) of

the WHS Act applies to the results of the calculations,

analysis, testing or examination; and

(b) to the extent that it relates to the results, subsection 24(5) of

the WHS Act applies to the importer.

5 Duties of suppliers

(1)

Subject to this item, the duties imposed on a supplier under section 25

of the WHS Act do not apply in relation to any plant, substance or

structure if the supplier started (or started and completed) any process

associated with the supply of the plant, substance or structure before the

commencing day.

(2)

Despite the repeal of the OHS Act, the duties imposed under subsection

19(1) of the OHS Act:

(a) on a supplier; or

(b) on a person who, because of subsection 19(2) of the OHS

Act, is taken to be a supplier;

apply to and in relation to any plant or substance if any process

associated with the supply of the plant or substance was started (or

started and completed) before the commencing day.

(3)

If a duty under the OHS Act applies because of subitem (2), the OHS

Act applies in relation to a breach, or alleged breach, of that duty,

despite the repeal of that Act.

Schedule 2 Transitional provisions

Part 2 Application of duties imposed under WHS Act

10 Work Health and Safety (Transitional and Consequential Provisions) Bill 2011 No.

, 2011

(4)

If a supplier started any process associated with the supply of any plant,

substance or structure before the commencing day but has not

completed the supply by the first anniversary of the commencing day,

then:

(a) the supplier will, in relation to the plant, substance or

structure, cease to have the benefit of subitem (1); and

(b) the supplier must comply with the requirements of the WHS

Act in relation to the duties of a supplier.

(5)

If a supplier carries out any calculations, analysis, testing or

examination that may be relevant to determining whether any plant,

substance or structure that is supplied is without risks to the health and

safety of persons mentioned in paragraphs 25(2)(a) to (f) of the WHS

Act, or ensures that they have been carried out, then, despite

subitem (1):

(a) the duty imposed on the supplier under paragraph 25(4)(b) of

the WHS Act applies to the results of the calculations,

analysis, testing or examination; and

(b) to the extent that it relates to the results, subsection 25(5) of

the WHS Act applies to the supplier.

6 Duties of persons who install, construct or commission

plant or structures

(1)

In this item:

OHS installer means a person who erects or installs plant.

WHS installer means a person who conducts a business or undertaking

that installs, constructs or commissions plant or a structure.

(2)

Subject to this item, the duties imposed on a WHS installer under

section 26 of the WHS Act do not apply in relation to any plant or

structure if the WHS installer started (or started and completed) any

process associated with the installation, construction or commissioning

of the plant or structure before the commencing day.

(3)

Despite the repeal of the OHS Act, the duties imposed on an OHS

installer under subsection 20(1) of the OHS Act apply to and in relation

to any plant if the OHS installer started (or started and completed) any

process associated with the installation or erection of the plant before

the commencing day.

Transitional provisions Schedule 2

Application of duties imposed under WHS Act Part 2

Work Health and Safety (Transitional and Consequential Provisions) Bill 2011 No. , 2011

(4)

If a duty under the OHS Act applies because of subitem (3), the OHS

Act applies in relation to a breach, or alleged breach, of that duty,

despite the repeal of that Act.

(5)

If a WHS installer started any process associated with the installation,

construction or commissioning of any plant or structure before the

commencing day but had not completed the installation, construction or

commissioning by the second anniversary of the commencing day, then:

(a) the WHS installer will, in relation to the plant or structure,

cease to have the benefit of subitem (2); and

(b) the WHS installer must comply with the requirements of the

WHS Act in relation to the duties of a WHS installer.

Schedule 2 Transitional provisions

Part 3 Notifiable incidents etc.

12 Work Health and Safety (Transitional and Consequential Provisions) Bill 2011 No.

, 2011

Part 3--Notifiable incidents etc.

7 Notifiable incidents etc.

The WHS Act applies in relation to a notifiable incident arising out of

the conduct of a business or undertaking of which the person

conducting the business or undertaking becomes aware on or after the

commencing day, even if the incident occurred before the commencing

day.

8 Accidents and dangerous occurrences

If, before the commencing day, a person was required to maintain a

record of an accident or dangerous occurrence under section 69 of the

OHS Act then, on and after the commencing day, that section and any

regulations made under it continue to apply in relation to the accident or

dangerous occurrence.

Transitional provisions Schedule 2

Work groups, health and safety representatives and committees Part 4

Work Health and Safety (Transitional and Consequential Provisions) Bill 2011 No. , 2011

Part 4--Work groups, health and safety

representatives and committees

9 Work groups, health and safety representatives and health

and safety committees continue as such

(1)

On the commencing day:

(a) a designated work group, as established under section 24 of

the OHS Act or established and varied under that section, that

is in operation immediately before the commencing day is

taken to have been determined as a work group under the

WHS Act; and

(b) a person who held office immediately before the

commencing day as a health and safety representative or

deputy health and safety representative under the OHS Act is

taken to hold the corresponding office under the WHS Act

(with a term of office of 3 years beginning on the day on

which the person was last selected under the OHS Act); and

the OHS Act that is in operation immediately before the

commencing day is taken to be a health and safety committee

under the WHS Act.

(2)

If a process or proceeding:

(a) to establish or vary a designated work group; or

(b) to select a health and safety representative or deputy health

and safety representative; or

has been started (but not completed) under the OHS Act before the

commencing day, the process or proceeding (and any flow-on process

or proceeding) may be completed under the OHS Act as if the OHS Act

were still in operation and will then have effect for the purposes of the

WHS Act.

(3)

Subitem (2) will cease to apply in relation to the selection of a health

and safety representative or a deputy health and safety representative at

the expiration of 3 months after the commencing day (and any process

or proceeding not completed at the expiration of that period will need to

be recommenced under the WHS Act).

Schedule 2 Transitional provisions

Part 4 Work groups, health and safety representatives and committees

14 Work Health and Safety (Transitional and Consequential Provisions) Bill 2011 No.

, 2011

(4)

If, because of paragraph (1)(c), a health and safety committee

established under the OHS Act is taken to be a health and safety

committee under the WHS Act, then on the commencing day, the

membership of the committee for the purposes of the WHS Act is made

up as follows:

(a) each person who is a member of the committee immediately

before the commencing day is taken to be a member of the

committee for the purposes of the WHS Act;

(b) if, on the commencing day, there is a health and safety

representative for a workplace in relation to which the

committee is taken to be a health and safety committee under

the WHS Act because of paragraph (1)(c), that

representative, if he or she consents, is a member of the

committee;

safety representatives for a workplace in relation to which the

committee is taken to be a health and safety committee under

the WHS Act because of paragraph (1)(c), those

representatives may choose one or more of their number

(who consent) to be members of the committee.

(5)

Nothing in subitem (4) affects any right or power to change the

constitution of the committee in accordance with section 76 of the WHS

Act.

10 Training

(1)

A person who has completed a course of training accredited by the

Commission for the purposes of section 27 of the OHS Act will be

taken to have completed any training required under subsection 85(6) or

90(4) of the WHS Act.

(2)

Subitem (1) will cease to apply at the expiration of 12 months after the

commencing day (and any relevant course of training under the OHS

Act will then cease to have

effect for the purposes of the WHS Act).

11 Provisional improvement notices

(1)

If a provisional improvement notice is in effect under section 29 of the

OHS Act immediately before the commencing day:

(a) the OHS Act continues to apply in relation to the notice as if

the OHS Act had not been repealed; and

Transitional provisions Schedule 2

Work groups, health and safety representatives and committees Part 4

Work Health and Safety (Transitional and Consequential Provisions) Bill 2011 No. , 2011

(b) to the extent that the notice relates to a matter, the OHS Act

continues to apply in relation to the matter as if the OHS Act

had not been repealed.

(2)

To avoid doubt, paragraph 160(c) of the WHS Act does not apply in

relation to a provisional improvement notice that is in effect under the

OHS Act immediately before the commencing day.

12 Disqualification

(1)

If, immediately before the commencing day, a person is disqualified

under section 32 of the OHS Act from being a health and safety

representative for any designated work group, that person is taken to be

disqualified from being a health and safety representative for the

purposes of the WHS Act on the commencing day.

(2)

The period of the disqualification under the WHS Act is the balance of

the period of disqualification under the OHS Act.

(3)

If an application is made under section 65 of the WHS Act to disqualify

a health and safety representative:

(a) the exercise of powers and the performance of functions as a

health and safety representative under the OHS Act for an

improper purpose are relevant in the determination of the

application; and

(b) the use or disclosure of information acquired as a health and

safety representative under the OHS Act for a purpose other

than in connection with the role of health and safety

representative (either under that Act or the WHS Act) is

relevant in the determination of the application.

(4)

This item applies to a deputy health and safety representative in the

same way as it applies to a health and safety representative.

Schedule 2 Transitional provisions

Part 5 Comcare and inspectors

16 Work Health and Safety (Transitional and Consequential Provisions) Bill 2011 No.

, 2011

Part 5--Comcare and inspectors

13 Residual operation of the OHS Act

Residual operation of the OHS Act means the operation of the OHS

Act:

(a) in relation to actions and failures to act that occur before the

commencing day; and

(b) to the extent that the OHS Act continues to apply in relation

to actions and failures to act that occur on or after the

commencing day because of a provision of this Act or any

other law--in relation to those actions and failures to act.

14 Appointment

(1)

On the commencing day, a person who:

(a) held office immediately before the commencing day as an

investigator under the OHS Act; and

(b) is a member of the staff of Comcare;

is taken to have been appointed as an inspector under the WHS Act.

(2)

An identity card held by an investigator under or for the purposes of the

OHS Act immediately before the commencing day will be taken to be

an identity card given by the regulator under section 157 of the WHS

Act (and to comply with the requirements of subsection 157(1) in all

respects).

15 Use of WHS functions and powers to enforce OHS Act

(1)

An inspector may, on or after the commencing day, perform a function

or exercise a power under Division 3, 4 or 5 of Part 9 of the WHS Act

in relation to anything arising in connection with the residual operation

of the OHS Act.

(2)

The WHS Act will apply in relation to the performance or exercise of

such a function or power as if a reference to the WHS Act included a

reference to the OHS Act.

(3)

Without limiting subitem (2), a reference in the WHS Act to an offence

against the WHS Act will be taken to include a reference to an offence

against the OHS Act.

Transitional provisions Schedule 2

Comcare and inspectors Part 5

Work Health and Safety (Transitional and Consequential Provisions) Bill 2011 No. , 2011

(4)

Any action taken or information acquired under the WHS Act or

because of the operation of this item may be used in relation to the

residual operation of the OHS Act.

(5)

To avoid doubt, the reference in section 188 of the WHS Act to the

compliance powers of an inspector includes the functions and powers

conferred on the inspector because of this item.

(6)

Nothing in this item affects or limits any action that may be taken under

or with respect to the OHS Act because of the residual operation of the

OHS Act.

16 WHS inspectors may exercise functions and powers

under OHS Act

An inspector may exercise the functions and powers of an investigator

under the OHS Act in connection with the residual operation of the

OHS Act.

17 Comcare may use powers of investigation under WHS Act

for OHS Act

(1)

Comcare may, on or after the commencing day, exercise a power under

section 155 of the WHS Act in relation to anything arising in

connection with the residual operation of the OHS Act.

(2)

The WHS Act will apply in relation to the exercise of the power as if a

reference to the WHS Act included a reference to the OHS Act.

(3)

Without limiting subitem (2):

(a) a reference in the WHS Act to a contravention of the WHS

Act will be taken to include a reference to a contravention of

the OHS Act; and

(b) a reference in the WHS Act to an offence against the WHS

Act will be taken to include a reference to an offence against

the OHS Act.

(4)

Any action taken or information acquired under the WHS Act or

because of the operation of this item may be used in relation to the

residual operation of the OHS Act.

(5)

Nothing in this item affects or limits any action that may be taken under

or with respect to the OHS Act because of the residual operation of the

OHS Act.

Schedule 2 Transitional provisions

Part 6 Enforcement measures

18 Work Health and Safety (Transitional and Consequential Provisions) Bill 2011 No.

, 2011

Part 6--Enforcement measures

18 Prohibition notices

If a prohibition notice is in effect under section 46 of the OHS Act

immediately before the commencing day:

(a) the OHS Act continues to apply in relation to the notice as if

the OHS Act had not been repealed; and

(b) to the extent that the notice relates to a matter, the OHS Act

continues to apply in relation to the matter as if the OHS Act

had not been repealed.

19 Improvement notices

If an improvement notice is in effect under section 47 of the OHS Act

immediately before the commencing day:

(a) the OHS Act continues to apply in relation to the notice as if

the OHS Act had not been repealed; and

(b) to the extent that the notice relates to a matter, the OHS Act

continues to apply in relation to the matter as if the OHS Act

had not been repealed.

20 Undertakings

(1)

This item applies if Comcare accepts a written undertaking under

clause 16 of Schedule 2 to the OHS Act.

(2)

During the transitional period for the undertaking, the OHS Act

continues to apply in relation to the undertaking, and any proceedings in

which the undertaking may be relevant, as if the OHS Act had not been

repealed.

(3) The

transitional period for the undertaking is a period beginning at the

start of the commencing day and ending:

(a) 2 years later; or

(b) if the undertaking is revoked or otherwise ceases to be in

force before then--when the undertaking is revoked or

ceases to be in force.

Transitional provisions Schedule 2

Other matters Part 7

Work Health and Safety (Transitional and Consequential Provisions) Bill 2011 No. , 2011

Part 7--Other matters

21 Authorisations

(1)

This item applies in relation to a registration, licence, permit,

accreditation or other form of authorisation under the OHS Act that is of

a class prescribed by the regulations for the purposes of this item (a

preserved authorisation).

(2)

A preserved authorisation has effect under the WHS Act, subject to any

modifications of the WHS Act in relation to preserved authorisations of

that class made by the regulations.

22 Exemptions

(1)

This item applies in relation to an exemption under the OHS Act that is

of a class prescribed by the regulations for the purposes of this item (a

preserved exemption).

(2)

A preserved exemption has effect under the WHS Act, subject to any

modifications of the WHS Act in relation to preserved exemptions of

that class made by the regulations.

23 Codes of practice

(1)

This item applies in relation to each Part of the Occupational Health

and Safety Code of Practice 2008, as in force immediately before the

commencing day, that is prescribed by the regulations for the purposes

of this item as a preserved code of practice.

(2)

A preserved code of practice is taken to be a code of practice approved

for the purposes of the WHS Act under section 274 of that Act.

(3)

Subitem (2) ceases to have effect on the second anniversary of the

commencing day.

(4)

Nothing in this item affects the power of the Minister under section 274

of the WHS Act to vary or revoke a code of practice that is taken to

have been approved because of subitem (2).

24 Annual reports

Schedule 2 Transitional provisions

Part 7 Other matters

20 Work Health and Safety (Transitional and Consequential Provisions) Bill 2011 No.

, 2011

(1)

Despite the repeal of the OHS Act, sections 74, 75 and 75A of that Act

continue to apply in relation to the financial year beginning on 1 July

2011.

(2)

However, where, because of one of those sections, information relating

to the financial year beginning on 1 July 2011 is to be included in a

report, that information need only relate to the period beginning on

1 July 2011 and ending on 31 December 2011.

Safety, Rehabilitation and Compensation Act 1988 Schedule 3

Consequential amendments Part 1

Work Health and Safety (Transitional and Consequential Provisions) Bill 2011 No. , 2011

Schedule 3--Safety, Rehabilitation and

Compensation Act 1988

Part 1--Consequential amendments

Safety, Rehabilitation and Compensation Act 1988

1 Subparagraph 69(ef)(ii)

After "Occupational Health and Safety Act 1991", insert ", the Work

Health and Safety Act 2011 and the Work Health and Safety

(Transitional and Consequential Provisions) Act 2011".

2 Section 69 (note)

Omit "Occupational Health and Safety Act 1991", substitute "Work

Health and Safety Act 2011".

3 Subsection 73(1)

After "under this Act", insert "or the Work Health and Safety Act 2011".

4 Subsection 73A(3)

Omit "or section 12A of the Occupational Health and Safety Act 1991".

5 Section 73B

After "functions and powers", insert "other than the functions and

powers of Comcare under the Work Health and Safety Act 2011".

6 Section 73B (note)

Omit "Note", substitute "Note 1".

7 At the end of section 73B

Add:

Note 2:

The delegation of Comcare's functions and powers under the Work

Health and Safety Act 2011 is dealt with in section 154 of that Act.

8 At the end of section 89B

Add:

Note:

Functions have also been conferred on the Commission by the Work

Health and Safety Act 2011.

Schedule 3 Safety, Rehabilitation and Compensation Act 1988

Part 1 Consequential amendments

22 Work Health and Safety (Transitional and Consequential Provisions) Bill 2011 No.

, 2011

9 Subsection 89D(1)

After "under this Act", insert "or the Work Health and Safety Act 2011".

10 Paragraph 89E(1)(b)

Repeal the paragraph.

11 Paragraph 89E(1)(c)

Omit "2", substitute "3".

12 Subsection 89R(1)

Omit "The Commission", substitute "Subject to subsection (1A), the

Commission".

13 After subsection 89R(1)

Insert:

(1A) The Commission must not delegate to the Chief Executive Officer

any of its functions or powers under the Work Health and Safety

Act 2011.

14 Subsection 91(3)

Omit "shall", substitute "must".

15 Paragraph 91(3)(a)

Repeal the paragraph, substitute:

(a) in payment or discharge of the expenses, charges, obligations

and liabilities incurred or undertaken by Comcare in the

performance of its functions and the exercise of its powers

under all or any of the following Acts:

(i)

this

Act;

(ii)

the

Occupational Health and Safety Act 1991;

(iii)

the

Work Health and Safety Act 2011;

(iv)

the

Work Health and Safety (Transitional and

Consequential Provisions) Act 2011;

(v)

the

Asbestos-related Claims (Management of

Commonwealth Liabilities) Act 2005;

16 Section 96

Safety, Rehabilitation and Compensation Act 1988 Schedule 3

Consequential amendments Part 1

Work Health and Safety (Transitional and Consequential Provisions) Bill 2011 No. , 2011

Omit "it is a Commonwealth authority for the purposes of the

Occupational Health and Safety Act 1991", substitute "it is a public

authority for the purposes of the Work Health and Safety Act 2011".

17 Paragraph 97D(2)(d)

After "Occupational Health and Safety Act 1991", insert ", the Work

Health and Safety Act 2011 and the Work Health and Safety

(Transitional and Consequential Provisions) Act 2011".

18 After subsection 104(2)

Insert:

(2A) The Commission must not grant a licence to the applicant if:

(a) because of the past conduct of the applicant, including the

applicant's performance in complying with the law of the

Commonwealth or of a State or Territory dealing with

occupational health and safety, the Commission is satisfied

that it is unlikely that the applicant will, if licensed, meet the

standards set by the Commission for the occupational health

and safety of the applicant's employees; or

(b) because of the past conduct of the applicant, including the

applicant's performance in meeting obligations in relation to

rehabilitation under the law of the Commonwealth or of a

State or Territory, the Commission is satisfied that it is

unlikely that the applicant will, if licensed, meet the

standards set by the Commission for the rehabilitation of the

applicant's employees; or

applicant's performance in meeting obligations in relation to

claims management under the law of the Commonwealth or

of a State or Territory, the Commission is satisfied that it is

unlikely that the applicant will, if licensed, manage claims in

accordance with the standards set by the Commission.

19 Paragraph 104A(2)(b)

Repeal the paragraph, substitute:

(b) that part of the cost incurred (if any) by the Commission and

by Comcare in carrying out their respective functions under

the Occupational Health and Safety Act 1991, the Work

Health and Safety Act 2011 and the Work Health and Safety

Schedule 3 Safety, Rehabilitation and Compensation Act 1988

Part 1 Consequential amendments

24 Work Health and Safety (Transitional and Consequential Provisions) Bill 2011 No.

, 2011

(Transitional and Consequential Provisions) Act 2011 during

the relevant period that is reasonably referrable to the

licensee.

20 Subsection 150(2)

Repeal the subsection, substitute:

(2) The Commission must not make guidelines that are inconsistent

with:

(a) any directions under section 149 of this Act; and

(b) any directions given to Comcare under section 73 of this Act

in relation to the performance of its functions or the exercise

of its powers under the Work Health and Safety Act 2011.

21 Paragraph 158(2)(b)

After "Occupational Health and Safety Act 1991", insert ", the Work

Health and Safety Act 2011 and the Work Health and Safety

(Transitional and Consequential Provisions) Act 2011".

22 Application of items 17, 19 and 21

The amendments made by items 17, 19 and 21 apply in relation to the

financial year starting on 1 July 2011 and each later financial year.

23 Application of other items

The amendments made by all of the other items in this Part apply on

and from 1 July 2011.

Safety, Rehabilitation and Compensation Act 1988 Schedule 3

Transitional provisions relating to regulatory contributions and licence fees Part 2

Work Health and Safety (Transitional and Consequential Provisions) Bill 2011 No. , 2011

Part 2--Transitional provisions relating to regulatory

contributions and licence fees

24 Variation of determination of regulatory contribution

(1)

Comcare may, in writing, vary a determination of the amount of an

Entity's or Commonwealth authority's regulatory contribution for the

financial year beginning on 1 July 2011, so that the contribution

includes:

(a) that part of the estimated cost incurred by the Commission

and Comcare in carrying out their respective functions under

the OHS Act that Comcare determines, in accordance with

guidelines under section 97E of the SRC Act, to be referrable

to that Entity or authority (as adjusted, if necessary, to take

into account the repeal of the OHS Act and the enactment of

the WHS Act and this Act); and

(b) that part of the estimated cost incurred by the Commission

and Comcare in carrying out their respective functions under

the WHS Act and this Act that Comcare determines, in

accordance with guidelines under section 97E of the SRC

Act, to be referrable to that Entity or authority.

(2)

This item applies despite subsection 97M(1) of the SRC Act.

(3)

However, the remainder of section 97M of the SRC Act applies in

relation to a variation under this item, and the regulatory contribution to

which the variation relates, in the same way as it applies to a variation

under that section, and a regulatory contribution to which that variation

relates.

25 Variation of licence fee

(1)

Comcare may, by notice in writing to a licensee, vary the amount of the

licence fee that the licensee is liable to pay for the financial year

beginning on 1 July 2011, so that the licence fee includes:

(a) that part of the estimated cost incurred by the Commission

and Comcare in carrying out their respective functions under

the OHS Act during the financial year that is reasonably

referrable to the licensee (as adjusted, if necessary, to take

into account the repeal of the OHS Act and the enactment of

the WHS Act and this Act); and

Schedule 3 Safety, Rehabilitation and Compensation Act 1988

Part 2 Transitional provisions relating to regulatory contributions and licence fees

26 Work Health and Safety (Transitional and Consequential Provisions) Bill 2011 No.

, 2011

(b) that part of the estimated cost incurred by the Commission

and Comcare in carrying out their respective functions under

the WHS Act and this Act during the financial year that is

reasonably referrable to the licensee.

(2)

If the licence fee that the licensee is liable to pay increases as a result of

a variation under subitem (1), an amount equal to the increase is

payable to Comcare within such period after the variation is notified to

the licensee as the Commission determines.

(3)

Nothing in this item affects the power of Comcare to vary the licence

fee for any other reason.

26 Variation of determination of regulatory contribution by

Defence Department

(1)

Comcare may, in writing, vary a determination of the amount of the

Defence Department's regulatory contribution for the financial year

beginning on 1 July 2011, so that the contribution includes:

(a) that part of the estimated cost incurred by the Commission

and Comcare in carrying out their respective functions under

the OHS Act that Comcare determines, in accordance with

guidelines under section 97E of the SRC Act, to be referrable

to the Defence Department in relation to defence service (as

adjusted, if necessary, to take into account the repeal of the

OHS Act and the enactment of the WHS Act and this Act);

and

(b) that part of the estimated cost incurred by the Commission

and Comcare in carrying out their respective functions under

the WHS Act and this Act that Comcare determines, in

accordance with guidelines under section 97E of the SRC

Act, to be referrable to the Defence Department in relation to

defence service.

(2)

This item applies despite subsection 97M(1) of the SRC Act (as applied

under section 159 of that Act).

(3)

However, the remainder of section 97M of the SRC Act (as applied

under section 159 of that Act) applies in relation to a variation under

this item, and the regulatory contribution to which the variation relates,

in the same way as it applies to a variation under that section, and a

regulatory contribution to which that variation relates.

Other consequential amendments Schedule 4

Work Health and Safety (Transitional and Consequential Provisions) Bill 2011 No. , 2011

Schedule 4--Other consequential

amendments

Social Security Act 1991

1 Paragraph 120(a)

Repeal the paragraph, substitute:

(a) a worker carrying out work in any capacity for the

Commonwealth, or an employee of the Commonwealth, for

the purposes of the Work Health and Safety Act 2011; or

2 Paragraphs 501D(4)(a), 544B(8)(a), 631C(a) and 745L(a)

Repeal the paragraphs, substitute:

(a) a worker carrying out work in any capacity for the

Commonwealth, or an employee of the Commonwealth, for

the purposes of the Work Health and Safety Act 2011;

3 Paragraph 1188BB(a)

Repeal the paragraph, substitute:

(a) a worker carrying out work in any capacity for the

Commonwealth, or an employee of the Commonwealth, for

the purposes of the Work Health and Safety Act 2011; or

Commonwealth of Australia Bills

WORK HEALTH AND SAFETY (TRANSITIONAL AND CONSEQUENTIAL PROVISIONS) BILL 2011