Northern Territory Explanatory Statements

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LAW REFORM (WORK HEALTH) AMENDMENT BILL 2007

This Act may be cited as the Law Reform (Work Health) Amendment Act 2007.

Clause 2. Commencement

This Act commences on the date fixed by the Administrator by Gazette notice.

This part amends the Work Health Act.

Clause 4. Repeal and substitution of Long title

An Act about workers' rehabilitation and compensation.

Clause 5. Repeal and substitution of sections 1 and 2

Repeals Sections 1 and 2 of the Work Health Act.

Clause 1. Short title

This Act may be cited as the Workers Rehabilitation and Compensation Act.

Clause 6. Amendment of section 3 (Interpretation)

Defines terms used in the Bill, and in particular, defines key terms such as Judicial Registrar, managing magistrate, Authority, Chief Executive Officer, Council.

Clause 7. Substitution of Parts II to IV

Part II of the Work Health Act is substituted as follows.

Clause 6. Authority's functions and powers under this Act

Sets out the functions of the Work Health Authority under the Act.

Sub Clause (2) outlines the functions of the Authority in order to monitor the Workers’ Rehabilitation and Compensation Scheme in the Territory.

Its functions include (for example) the following:

Sub Clause (3) gives the Authority all the powers that are reasonably necessary for effectively carrying out its functions under the Act or regulations.

Sub Clause (4) allows the Authority to delegate any of its functions and powers under the Act.


Clause 7. Ministerial control

Provides that the Authority is subject to direction and control by the Minister in exercising powers and functions under this Act.

Establishes the Workers Rehabilitation and Compensation Advisory Council, provides for its membership and gives it certain functions.

Clause 9. Functions of the Council

Sets out the functions of the Council such as to keep the operation of this Act under review; to make recommendations to the Minister on possible improvements to the administration of this Act, or the statutory scheme for the rehabilitation and compensation of injured workers in the Territory; to carry out investigations at the request of the Minister into questions about the rehabilitation and compensation of injured workers and to report to the Minister on the results of the investigations.

Clause 10. Membership of Council

Provides for the membership of the Council.

Sub Clause (2) provides that the membership of the Council must: include members with a wide range of experience extending as far as possible across all major industry sectors in the Territory and to include representatives of employers and representatives of organisations representing employees in equal or approximately equal numbers.

Sub Clause (3) sets out how the Minister must invite recommendations for appointment to the Council from interested organisations and persons and consider all recommendations made in response to the notice.

Clause 11. Terms and conditions of appointment

Sets out the term of appointment for a member of the Council as not exceeding 2 years with the member being eligible for re-appointment.

Sub Clauses (3) and (4) outline the conditions under which a member ceases to be appointed or may be removed by the Minister.

Clause 12. Chair and Deputy Chair

Provides for the Minister to appoint a member of the Council to be the Chair and another member of the Council to be the Deputy Chair.

Clause 13. Meetings of Council

Sets out the processes for convening meetings, frequency of meetings and voting procedures.

Sub Clause (5) provides for the Council to keep records of its proceedings.

Clause 14. Council sub-committees

Provides for the Council to establish sub-committees as the Council considers necessary to assist in carrying out its functions under this Act.

Sub Clause (2) provides that a sub-committee may consist entirely of Council members, partly of Council members and partly of members drawn from outside the Council or entirely of members drawn from outside the Council.

Sub Clause (3) provides for the Minister to determine the terms and conditions of appointment of a member of a sub-committee.

Sub Clause (4) sets out that the function of a sub-committee is to keep the operation of this Act in the relevant industry sector.

Clause 15. Annual report of Council

Provides for the Council to submit a report to the Minister covering the work of the Council and its subcommittees and the operation of this Act during the relevant financial year.

Sub Clauses (3) and (4) set out the conditions under which the Minister must table the report in the Legislative Assembly.

Clause 8. Amendment of section 111 (Application to Court)

Consequential amendments

Clause 9. Amendment of section 112 (Appeals and disputes)

Consequential amendments

Clause 10. Further amendments

Consequential amendments

This part amends the Petroleum Act.

Clause 12. Repeal and substitution of Part IIIA

Repeals Part IIIA.

Sub Clause (1) provides that the Act applies in relation to work under an exploration permit or a production licence.

Sub Clause (2) provides for when work at a production site passes from the construction to the production phase, the Act applies in relation to work at the site with the following modifications:
· references to the Authority are to be read as references to the Minister responsible for this Act;
· references to work health officers and identity cards for work health officers are to be read as references to inspectors and certificates for inspectors under this Act;
· any further modifications prescribed by regulation.

Sub Clause (3) defines the terms production phase and production site.

This Part amends the Dangerous Goods Act.

Clause 14. Amendment of section 4 (Application)

Allows for the application of this Act to a mine within the meaning of the Mining Management Act and work or service of any kind performed at a mine within the meaning of the Mining Management Act.

This part amends the Mining Management Act.

Redefines the title of the Mining Management Act to reflect the exclusion of occupational health and safety. “An Act to provide for the authorisation of mining activities, the management of mining sites, the protection of the environment on mining sites and for related purposes”.

Clause 16. Repeal and substitution of Long title

Consequential amendment

Clause 17. Amendment of section 3 (Objects)

Provides for the protection of the environment on mining sites.

Clause 18. Amendment of section 4 (Definitions)

Provides definitions of competent, critical incident, management system and serious accident.

Clause 19. Repeal and substitution of Part 3 heading

Substitutes headings to Part 3 and Division 1 of Part 3.

Clause 20. Repeal and substitution of Part 3, Division 1 heading

Repeals and substitutes

Repeals and substitutes.

Clause 13. General obligation to take care of the environment

Provides that every person on a mining site has an obligation to take care of the environment.

Clause 14. Obligations in respect of the site

Outlines the obligations of persons on a mining site with regard to the environment.

Provides for the owner to provide the operator with all relevant information to enable the establishment and implementation of an appropriate environment protection management system.

Clause 23. Amendment of section 16 (Obligations of operator)

Sets out the requirements of an operator for a mining site to ensure that the environmental impact of mining activities is limited to what is necessary for the establishment, operation and closure of the site.

Clause 24. Amendment of section 17 (Obligations of worker)

Requires a worker to report to the operator as soon as possible the occurrence of a serious accident, critical incident or situation which may present a risk to the environment.

Clause 25. Amendment of section 18 (Obligations of contractor who is employer)

Provides that a contractor must report a serious accident or critical incident to the operator of the site after becoming aware of the incident.

Clause 26. Repeal of sections 19 and 20.

Repeals sections 19 and 20.

Clause 27. Amendment of section 21 (Consequences of breach of obligation)

Sub Clause (2) provides that the fact that environmental harm has occurred on a mining site is not of itself evidence of an offence under Division 3.

Clause 28. Repeal of Part 3, Division 2

Repeals Division 2

Clause 29. Amendment of section 32 (No interference with place of serious accident)

A person is not to be taken as interfering with a place where a serious accident occurred if the person takes an action at the place to prevent further environmental harm.

Clause 30. Repeal and substitution of Part 3, Division 5

Repeals Division 5.

Provides that the operator for a mining site must facilitate consultation and co-operation between the operator, contractors and workers in initiating, developing and implementing environmental protection measures and outlines the measures that may be taken.

Clause 31. Amendment of section 36 (Determination of application)

Outlines the matters the Minister must consider before granting an Authorisation.

Clause 32. Amendment of section 37 (Conditions of Authorisation)

Section 37(3)(a) includes protection of the environment.

Clause 33. Amendment of section 38 (Variation or revocation of Authorisation)

Section 38(3) provides that the Minister must not vary any Authorisation unless the variation will have the effect of improving the protection of the environment on the mining site to which the Authorisation relates.

Clause 34. Amendment of section 40 (Information to be included in mining management plan.

Section 40(b) is omitted.

Clause 35. Amendment of section 50 (Functions and powers of Mining Board)

Section 50 (a) (i) is omitted.

Clause 36. Amendment of section 61 (Functions of mining officer)

Section 61 (c) and (d) further define the functions of a mining officer.

Clause 37. Amendment of section 62 (Powers of mining officer)

Section 62 (d), (f) and (h) redefined.

Clause 38. Amendment of section 72 (Liability if consent, connivance or wilful neglect)

Omissions and insertions as per the Bill.

Clause 39. Amendment of section 74 (Liability of director etc. for environmental offence)

Division 2 or 3 of Part 3 is omitted and replaced by Division 3 of Part 3.

Clause 40. Amendment of section 75 (Liability of partner or member of association for safety, health or environmental offence)

Omissions and insertions as per the Bill.

Clause 41. Amendment of section 76 (Liability of natural person for safety, health or environmental offence by employee etc.)

Division 2 or 3 of Part 3 is omitted and replaced by Division 3 of Part 3.

Clause 42. Amendment of section 79 (Defences to safety, health or environmental offence)

Omissions and insertions as per the Bill.

Clause 43. Amendment of section 82 (Protection of safety, health and environment)

Section 82 (a) is omitted.

Clause 44. Repeal of Section 84

Section 84 is repealed.

Clause 45. Amendment of section 85 (No dismissal of worker for making complaint etc.)

A worker cannot be dismissed for a making a reasonable complaint about an environmental protection issue.

Clause 46. Amendment of section 92 (Regulations)

Section 92 (2) (a) is omitted.

Clause 47. Application of Part

This Part amends the Work Health (Occupational Health and Safety) Regulations to make provision for regulations pertaining to mining activity.

Clause 48. Repeal and substitution of regulation 1

Repeals and substitutes

Clause 1. Citation

Regulations may be cited as the Workplace Health and Safety Regulations

Repeals regulations 3 and 3A

Clause 50. Amendment of regulation 21 (Cancellation, suspension or variation of licence)

Omits work health officer and substitutes workplace safety officer

Clause 51. Repeal of regulation 37

Consequential amendment

Clause 52. Substitution of regulation 39

Provides for the substitution of a new regulation.

Clause 39. Risk management

Outlines that the primary goal of risk management is to eliminate workplace risk as far as reasonably practicable and, if it is not reasonably practicable to eliminate a risk, to minimise it as far as reasonably practicable.

Sub Clause (2) requires an employer to address the following questions in regard to each identified risk when formulating risk management measures:

Clause 53. Repeal and substitution of Part 6, Division 2

Repeals and substitutes

Provides for the information required for a report on a reportable incident.

Clause 54. New Part 11A

Consequential amendment

Defines terms used in the Act, and in particular, defines key terms such as mining authorisation, mining management plan, mining operations and mining site.

Clause 152B. Requirement for risk management plan for mining operations

Requires a risk management plan where mining operations are classified as a hazardous activity.

Clause 55. Amendment of regulation 168C (Definitions)

Omits and substitutes.

Clause 56. Amendment of regulation 168K (Work health officer may require information)

Omits and substitutes.

Clause 57. Amendment of regulation 169 (Review by Court)

Omits and substitutes.

Provides that the Work Health (Occupational Health and Safety) Regulations (as amended by this Act) are taken to be regulations made under the Workplace Health and Safety Act 2007.

Consequential amendment.

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