Commonwealth Consolidated Acts

SAFE WORK AUSTRALIA ACT 2008 - SECT 30

WHS Ministers to approve or refuse plan

  (1)   If the draft operational plan is given to the WHS Ministers, the WHS Ministers must:

  (a)   approve the draft plan; or

  (b)   refuse to approve the draft plan.

Note:   The WHS Ministers give approvals or refusals by resolution of the WHS Ministers: see section   69.

WHS Ministers' directions to alter plan

  (2)   If the WHS Ministers refuse to approve the draft plan, the WHS Ministers must direct the CEO to:

  (a)   make specified alterations to the draft plan; and

  (b)   give the altered draft plan to the WHS Ministers within the period specified in the direction.

Note:   The WHS Ministers give directions by resolution of the WHS Ministers: see section   69.

  (3)   A direction under subsection   (2):

  (a)   may only specify an alteration to the draft plan about the following matters:

  (i)   the activities that are to be undertaken by Safe Work Australia in performing its functions during the year;

  (ii)   Safe Work Australia's total amount of expenditure for the year; and

  (b)   must not specify an alteration dealing with the allocation of resources for the performance of Safe Work Australia's functions; and

  (c)   must not be inconsistent with Safe Work Australia's corporate plan that relates to the year.

CEO to comply with WHS Ministers' directions

  (4)   The CEO must comply with a direction under subsection   (2).

When WHS Ministers must approve plan

  (5)   The WHS Ministers must approve the altered draft plan if:

  (a)   the altered draft plan is given to the WHS Ministers; and

  (b)   the alterations are in accordance with the direction.

Otherwise, the WHS Ministers may refuse to approve the altered draft plan.

Note:   The WHS Ministers give approvals or refusals by resolution of the WHS Ministers: see section   69.

When plan becomes the final plan

  (6)   When the WHS Ministers approve the draft plan or altered draft plan, it becomes Safe Work Australia's operational plan for the financial year it covers.

Final plan to be published

  (7)   An operational plan must be published in such manner as the CEO considers appropriate.

Directions etc. not legislative instruments

  (8)   If a direction, an approval or a refusal of the WHS Ministers under this section is made in writing, the direction, approval or refusal is not a legislative instrument.