Commonwealth Numbered Acts

WORK HEALTH AND SAFETY ACT 2011 (NO. 137, 2011) - SCHEDULE 2

Part 1 -- Preliminary

1   Definitions

                   In this Schedule:

"Commission" means the Safety, Rehabilitation and Compensation Commission established by section 89A of the Safety, Rehabilitation and Compensation Act 1988 .

Part 2 -- The Commission

2   Functions

                   For the purposes of paragraph 89B(c) of the Safety, Rehabilitation and Compensation Act 1988 , the following additional functions are conferred on the Commission:

                     (a)  to advise the Minister on the administration of this Act;

                     (b)  to advise and make recommendations to the Minister on the most effective means of giving effect to the objects of this Act;

                     (c)  to enquire into and make recommendations to the Minister on any matter relating to work health and safety referred to the Commission by the Minister;

                     (d)  to provide a forum for consultation between Comcare and persons conducting businesses or undertakings, workers and the bodies that represent them.

Part 3 -- Comcare

3   Annual reports

                   The annual report of Comcare for a financial year must include:

                     (a)  statistics, with appropriate details, of each of the following:

                              (i)  notifiable incidents of which Comcare is notified under section 38 during the year;

                             (ii)  all investigations conducted by Comcare during the year;

                            (iii)  all seizures made under section 175 or 176 during the year;

                            (iv)  all improvement notices issued under section 191 during the year;

                             (v)  all prohibition notices issued under section 195 during the year;

                            (vi)  all non-disturbance notices issued under section 198 during the year;

                           (vii)  all remedial action taken under section 211 or 212 during the year;

                          (viii)  all written undertakings accepted by Comcare under section 216 during the year;

                            (ix)  all applications for internal review made under section 224 during the year;

                             (x)  all applications for external review made under section 229 during the year;

                            (xi)  all infringement notices given under section 243 during the year; and

                     (b)  details of prosecutions instituted under this Act during the year; and

                     (c)  any other matter prescribed.

Note:          Under section 90 of the Safety, Rehabilitation and Compensation Act 1988 , details of any directions given by the Minister under section 73 of that Act must also be reported.

Part 4 -- Other persons

4   Annual reports

             (1)  Each of the following entities must include the matters mentioned in subclause (2) in its annual report for a financial year:

                     (a)  person or body that is an agency within the meaning of the Financial Management and Accountability Act 1997 ;

                     (b)  a public authority.

             (2)  The matters are:

                     (a)  initiatives taken during the year to ensure the health, safety and welfare of workers who carry out work for the entity; and

                     (b)  health and safety outcomes (including the impact on injury rates of workers) achieved as a result of initiatives mentioned under paragraph (a) or previous initiatives; and

                     (c)  statistics of any notifiable incidents of which the entity becomes aware during the year that arose out of the conduct of businesses or undertakings by the entity; and

                     (d)  any investigations conducted during the year that relate to businesses or undertakings conducted by the entity, including details of all notices given to the entity during the year under Part 10 of this Act; and

                     (e)  such other matters as are required by guidelines approved on behalf of the Parliament by the Joint Committee of Public Accounts and Audit.