New South Wales Consolidated Acts

WORK HEALTH AND SAFETY ACT 2011 - SCHEDULE 2

SCHEDULE 2 – The regulator

1 The regulator

(1) For the purposes of this Act, the
"regulator" is--

(a) the Secretary of the Department of Customer Service, unless paragraph (b) applies, or

(b) in relation to a mine or petroleum site to which the Work Health and Safety (Mines and Petroleum Sites) Act 2013 applies or a workplace at which activities under the Petroleum (Offshore) Act 1982 are carried out--the regulator under the Work Health and Safety (Mines and Petroleum Sites) Act 2013 .

(2) The Secretary of the Department of Customer Service is, as the regulator under this Act, to be known as
"SafeWork NSW" .

(6) SafeWork NSW is subject to the control and direction of the Minister except in relation to--

(a) the contents of any advice, report or recommendation given to the Minister, or

(b) any decision that relates to proceedings for offences under this Act, or

(c) any decision that relates to a WHS undertaking.

(7) Nothing in this clause limits section 12A of the Work Health and Safety (Mines and Petroleum Sites) Act 2013 .

Note--: That section authorises both regulators to exercise their functions in relation to all workplaces.