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SAFE WORK AUSTRALIA ACT 2008 - SECT 32

WHS Ministers' directions to alter operational plan

WHS Ministers' directions

  (1)   The WHS Ministers may direct the CEO to:

  (a)   make specified alterations to its operational plan for a financial year; and

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

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

  (2)   A direction under subsection   (1):

  (a)   may only specify an alteration to the 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

  (3)   The CEO must comply with a direction under subsection   (1).

When WHS Ministers must approve alterations to plan

  (4)   The WHS Ministers must approve the alterations to the plan if:

  (a)   the plan as altered 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 alterations.

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

When alterations to operational plan take effect

  (5)   When the WHS Ministers approve the alterations to the plan, the plan as altered is Safe Work Australia's operational plan for the financial year it covers.

Altered plan to be published

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

Directions etc. not legislative instruments

  (7)   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.


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