Northern Territory Consolidated Acts Northern Territory Consolidated ActsIn this Act:
"approved code of practice" means a code of practice approved under Part 14.
"authorised", for Part 4, see section 40.
Category 1 offence , see section 31.
Category 2 offence , see section 32.
Category 3 offence , see section 33.
"compliance powers" means the functions and powers conferred on an inspector under this Act.
"condition" includes limitation and restriction.
"construct" includes assemble, erect, reconstruct, reassemble and re-erect.
"corresponding regulator" means the holder of a public office, or a public authority, of the Commonwealth, or of a State, who or which is responsible for administering a corresponding WHS law.
"corresponding WHS law" means a law prescribed by regulation to be a corresponding WHS law.
"dangerous incident", for Part 3, see section 37.
"demolition" includes deconstruction.
"design", in relation to plant, a substance or a structure includes:
(a) design of part of the plant, substance or structure; and
(b) redesign or modify a design.
"disclose", in relation to information, includes divulge or communicate to any person or publish.
"discriminatory conduct", for Part 6, see section 105.
"document" includes record.
"employee record", in relation to an employee, has the same meaning as it has in the Privacy Act 1988 (Cth).
"employer organisation" means an organisation of employers.
"engage in conduct" means doing an act or omitting to do an act.
"Fair Work Act" means the Fair Work Act 2009 (Cth).
"handling" includes transport.
"health" means physical and psychological health.
"health and safety duty" means a duty imposed under Part 2, Division 2, 3 or 4.
"health and safety representative", in relation to a worker, means the health and safety representative elected under Part 5 for the work group of which the worker is a member.
"import" means to bring into the jurisdiction from outside Australia.
"industrial manslaughter" means the offence of industrial manslaughter under section 34B.
"inspector" means an inspector appointed under Part 9.
"internal reviewer" means:
(a) the regulator; or
(b) a person appointed by the regulator under section 225.
"medical treatment" means treatment by a medical practitioner.
"notifiable incident", see section 35.
"officer" means:
(a) an officer within the meaning of section 9 of the Corporations Act 2001 (Cth) other than a partner in a partnership; or
(b) an officer of the Crown within the meaning of section 247; or
(c) an officer of a public authority within the meaning of section 252;
other than an elected member of a local government council acting in that capacity.
"official of a union", for Part 7, see section 116.
person conducting a business or undertaking , see section 5.
personal information has the same meaning as it has in the Privacy Act 1988 (Cth).
"plant" includes:
(a) any machinery, equipment, appliance, container, implement and tool; and
(b) any component of any of those things; and
(c) anything fitted or connected to any of those things.
"prohibited reason", for Part 6, see section 106.
"public authority" means:
(a) an Agency; or
(b) a local government council.
"reasonably practicable", in relation to a duty to ensure health and safety, see section 18.
"regulator" means the Work Health Authority.
relevant person conducting a business or undertaking , for Part 7, see section 116.
"relevant union", for Part 7, see section 116.
"relevant worker", for Part 7, see section 116.
"representative", in relation to a worker, means:
(a) the health and safety representative for the worker; or
(b) a union representing the worker; or
(c) any other person the worker authorises to represent him or her.
"serious injury or illness", for Part 3, see section 36.
"State" includes Territory.
State or Territory industrial law has the same meaning as it has in the Fair Work Act.
"structure" means anything that is constructed, whether fixed or moveable, temporary or permanent, and includes:
(a) buildings, masts, towers, framework, pipelines, transport infrastructure and underground works (shafts or tunnels); and
(b) any component of a structure; and
(c) part of a structure.
"substance" means any natural or artificial substance, whether in the form of a solid, liquid, gas or vapour.
"supply", see section 6.
"union" means:
(a) an employee organisation that is registered, or taken to be registered, under the Fair Work (Registered Organisations) Act 2009 (Cth); or
(b) an association of employees or independent contractors, or both, that is registered or recognised as such an association (however described) under a State or Territory industrial law.
"volunteer" means a person who is acting on a voluntary basis (irrespective of whether the person receives out-of-pocket expenses).
"WHS entry permit" means a WHS entry permit issued under Part 7.
"WHS entry permit holder" means a person who holds a WHS entry permit.
"WHS undertaking" means an undertaking given under section 216(1).
"work group" means a work group determined under Part 5.
worker , see section 7.
"workplace", see section 8.