WORK HEALTH AND SAFETY ACT 2011

Queensland Consolidated Acts

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- As at 2 August 2024
- Act 18 of 2011

TABLE OF PROVISIONS

Long Title

PART 1 - PRELIMINARY

Division 1 - Introduction

1. Short title
2. Commencement

Division 2 - Object

3. Object

Division 3 - Interpretation

Subdivision 1 - Definitions

4. Definitions

Subdivision 2 - Other important terms

5. Meaning of person conducting a business or undertaking
6. Meaning of supply
7. Meaning of worker
8. Meaning of workplace
9. Section number not used

Division 4 - Application of Act

10. Act binds all persons
11. Section number not used
12. Scope: application of Act to particular matters

PART 2 - HEALTH AND SAFETY DUTIES

Division 1 - Introductory

Subdivision 1 - Principles that apply to duties

13. Principles that apply to duties
14. Duties not transferable
15. Person may have more than 1 duty
16. More than 1 person can have a duty
17. Management of risks

Subdivision 2 - What is reasonably practicable

18. What is reasonably practicable in ensuring health and safety

Division 2 - Primary duty of care

19. Primary duty of care

Division 3 - Further duties of persons conducting businesses or undertakings

20. Duty of persons conducting businesses or undertakings involving management or control of workplaces
21. Duty of persons conducting businesses or undertakings involving management or control of fixtures, fittings or plant at workplaces
22. Duties of persons conducting businesses or undertakings that design plant, substances or structures
23. Duties of persons conducting businesses or undertakings that manufacture plant, substances or structures
24. Duties of persons conducting businesses or undertakings that import plant, substances or structures
25. Duties of persons conducting businesses or undertakings that supply plant, substances or structures
26. Duty of persons conducting businesses or undertakings that install, construct or commission plant or structures
26A. Duty of persons conducting business or undertaking—codes of practice

Division 4 - Duty of officers, workers and other persons

27. Duty of officers
28. Duties of workers
29. Duties of other persons at the workplace

Division 5 - Offences and penalties

30. Health and safety duty
31. Reckless conduct—category 1
32. Failure to comply with health and safety duty—category 2
33. Failure to comply with health and safety duty—category 3
33A. Duty prevails over particular excuses
34. Exceptions

PART 2A - INDUSTRIAL MANSLAUGHTER

34A. Definitions for part
34B. Exceptions
34C. Industrial manslaughter—person conducting business or undertaking
34D. Industrial manslaughter—senior officer

PART 3 - INCIDENT NOTIFICATION

35. What is a notifiable incident
36. What is a serious injury or illness
37. What is a dangerous incident
38. Duty to notify of notifiable incidents
39. Duty to preserve incident sites

PART 4 - AUTHORISATIONS

40. Meaning of authorised
41. Requirements for authorisation of workplaces
42. Requirements for authorisation of plant or substance
43. Requirements for authorisation of work
44. Requirements for prescribed qualifications or experience
45. Requirement to comply with conditions of authorisation

PART 5 - CONSULTATION, REPRESENTATION AND PARTICIPATION

Division 1AA - Preliminary

45A. Definitions for part
45B. Meaning of excluded entity

Division 1 - Consultation, cooperation and coordination between duty holders

46. Duty to consult with other duty holders

Division 2 - Consultation with workers

47. Duty to consult workers
48. Nature of consultation
49. When consultation is required

Division 3 - Health and safety representatives

Subdivision 1 - Request for election of health and safety representatives

50. Request for election of health and safety representative
50A. Prohibition of hindering etc. request for election of health and safety representative
50B. Invitation to request election of health and safety representatives

Subdivision 2 - Determination of work groups

51. Determination of work groups
52. Negotiations for agreement for work group
53. Notice to workers
54. Failure of negotiations

Subdivision 3 - Multiple-business work groups

55. Determination of work groups of multiple businesses
56. Negotiation of agreement for work groups of multiple businesses
57. Notice to workers
58. Withdrawal from negotiations or agreement involving multiple businesses
59. Effect of subdivision on other arrangements

Subdivision 4 - Election of health and safety representatives

60. Eligibility to be elected
61. Procedure for election of health and safety representatives
62. Eligibility to vote
62A. Prohibition of hindering etc. election of health and safety representative
63. When election not required
64. Term of office of health and safety representative
65. Disqualification of health and safety representatives
66. Immunity of health and safety representatives
67. Deputy health and safety representatives

Subdivision 4A - Disqualification process

67A. Definition for subdivision
67B. Application of subdivision
67C. Decision on application may be given on the papers or at a hearing
67D. Applications decided on the papers
67E. Applications decided at a hearing
67F. Notice of decision

Subdivision 5 - Powers and functions of health and safety representatives

68. Powers and functions of health and safety representatives
69. Powers and functions generally limited to the particular work group

Subdivision 6 - Obligations of person conducting business or undertaking to health and safety representatives

70. General obligations of person conducting business or undertaking
71. Exceptions from obligations under s 70(1)
72. Obligation to train health and safety representatives
73. Obligation to share costs if multiple businesses or undertakings
74. List of health and safety representatives

Division 4 - Health and safety committees

75. Health and safety committees
76. Constitution of committee
77. Functions of committee
78. Meetings of committee
79. Duties of person conducting business or undertaking

Division 5 - Issue resolution

80. Parties to an issue
81. Resolution of health and safety issues
82. Referral of issue to regulator for resolution by inspector

Division 6 - Right to cease or direct cessation of unsafe work

83. Definition of cease work under this division
84. Right of worker to cease unsafe work
85. Health and safety representative may direct that unsafe work cease
85A. Contents of cease work notice
86. Worker to notify if ceases work
87. Alternative work
88. Continuity of engagement of worker
89. Request to regulator to appoint inspector to assist

Division 7 - Provisional improvement notices

90. Provisional improvement notices
91. Provisional improvement notice to be in writing
92. Contents of provisional improvement notice
93. Provisional improvement notice may give directions to remedy contravention
94. Changes to provisional improvement notice
95. Issue of provisional improvement notice
96. Health and safety representative may cancel notice
97. Display of provisional improvement notice
97A. Person conducting business or undertaking to give copy of provisional improvement notice to regulator
98. Formal irregularities or defects in notice
99. Offence to contravene a provisional improvement notice
100. Request for review of provisional improvement notice
101. Regulator to appoint inspector to review notice
102. Decision of inspector on review of provisional improvement notice

Division 7A - Work health and safety disputes

102A. Definitions for division
102AA. Application of division
102B. Notice of dispute may be given to commission
102BA. Effect of notice of dispute on involvement of inspector
102C. Action for settling dispute
102D. Review of particular decisions made by inspector
102E. Decision not to deal with dispute
102F. Costs
102G. Appeal

Division 8 - Part not to apply to prisoners and detainees

103. Part does not apply to prisoners and detainees

PART 5A - WORK HEALTH AND SAFETY OFFICERS

103A. Appointment
103B. General functions of work health and safety officer who is not the person conducting the business or undertaking
103C. General functions of work health and safety officer who is the person conducting the business or undertaking
103D. Assessment functions
103E. Assessment reports
103F. General obligations of person conducting business or undertaking to work health and safety officer
103G. Immunity for work health and safety officers
103H. Appointment of work health and safety officers does not affect duties and obligations under this Act
103I. Displaying identities

PART 6 - DISCRIMINATORY, COERCIVE AND MISLEADING CONDUCT

Division 1 - Prohibition of discriminatory, coercive or misleading conduct

104. Prohibition of discriminatory conduct
105. What is discriminatory conduct
106. What is a prohibited reason
107. Prohibition of requesting, instructing, inducing, encouraging, authorising or assisting discriminatory conduct
108. Prohibition of coercion or inducement
109. Misrepresentation

Division 2 - Criminal proceedings in relation to discriminatory conduct

110. Proof of discriminatory conduct
111. Order for compensation or reinstatement

Division 3 - Civil proceedings in relation to discriminatory or coercive conduct

112. Civil proceedings in relation to engaging in or inducing discriminatory or coercive conduct
113. Procedure for civil actions for discriminatory conduct

Division 4 - General

114. General provisions relating to orders
115. Prohibition of multiple actions

PART 7 - WORKPLACE ENTRY BY WHS ENTRY PERMIT HOLDERS

Division 1 - Introductory

116. Definitions

Division 2 - Entry to inquire into suspected contraventions

117. Entry to inquire into suspected contraventions
118. Rights that may be exercised while at workplace
119. Notice of entry
120. Entry to inspect employee records or information held by another person

Division 3 - Entry to consult and advise workers

121. Entry to consult and advise workers
122. Notice of entry

Division 4 - Requirements for WHS entry permit holders

123. Contravening WHS entry permit conditions
124. WHS entry permit holder must also hold permit under other law
125. WHS entry permit to be available for inspection
126. When right may be exercised
127. Where the right may be exercised
128. Work health and safety requirements
129. Residential premises
130. WHS entry permit holder not required to disclose names of workers

Division 5 - WHS entry permits

131. Application for WHS entry permit
132. Consideration of application
133. Eligibility criteria
134. Issue of WHS entry permit
135. Conditions on WHS entry permit
136. Term of WHS entry permit
137. Expiry of WHS entry permit
138. Application to revoke WHS entry permit
139. Commission must permit WHS entry permit holder to show cause
140. Determination of application

Division 6 - Dealing with disputes

Subdivision 1 - Role of inspectors

141. Application for assistance of inspector to resolve dispute
141A. (Repealed)

Subdivision 2 - Role of commission

142. Commission may deal with a dispute about a right of entry under this Act
142A. (Repealed)
143. Contravening order made to deal with dispute
143A. (Repealed)

Division 7 - Prohibitions

144. Person must not refuse or delay entry of WHS entry permit holder
145. Person must not hinder or obstruct WHS entry permit holder
146. WHS entry permit holder must not delay, hinder or obstruct any person or disrupt work at workplace
147. Misrepresentations about things authorised by this part
148. Unauthorised use or disclosure of information or documents

Division 8 - General

149. Return of WHS entry permits
150. Union to provide information to industrial registrar
151. Register of WHS entry permit holders

PART 8 - THE REGULATOR

Division 1 - Functions of regulator

152. Functions of regulator
153. Powers of regulator
154. Delegation by regulator

Division 2 - Powers of regulator relating to information

155. Powers of regulator to obtain information

PART 9 - SECURING COMPLIANCE

Division 1 - Appointment of inspectors

156. Appointment of inspectors
157. Identity cards
158. Accountability of inspectors
159. Suspension and ending of appointment of inspectors

Division 2 - Functions and powers of inspectors

160. Functions and powers of inspectors
161. Conditions on inspectors’ compliance powers
162. Inspectors subject to regulator’s directions

Division 3 - Powers relating to entry

Subdivision 1 - General powers of entry

163. Powers of entry
164. Notification of entry
165. General powers on entry
166. Persons assisting inspectors

Subdivision 2 - Search warrants

167. Search warrants
167A. Electronic application
168. Announcement before entry on warrant
169. Copy of warrant to be given to person with management or control of place

Subdivision 3 - Limitation on entry powers

170. Places used for residential purposes

Subdivision 4 - Specific powers on entry

171. Power to require production of documents and answers to questions
172. Abrogation of privilege against self-incrimination
173. Warning to be given
174. Powers to copy and retain documents
175. Power to seize evidence etc.
176. Inspector’s power to seize dangerous workplaces and things
177. Powers supporting seizure
178. Receipt for seized things
179. Forfeiture of seized things
180. Return of seized things
181. Access to seized things

Division 4 - Damage and compensation

182. Damage etc. to be minimised
183. Inspector to give notice of damage
184. Compensation

Division 5 - Other matters

185. Power to require name and address
186. Inspector may take affidavits
187. Inspector at coronial inquests

Division 6 - Offences in relation to inspectors

188. Offence to hinder or obstruct inspector
189. Offence to impersonate inspector
190. Offence to assault, threaten or intimidate inspector

PART 10 - ENFORCEMENT MEASURES

Division 1 - Improvement notices

191. Issue of improvement notices
192. Contents of improvement notices
193. Compliance with improvement notice
194. Extension of time for compliance with improvement notices

Division 2 - Prohibition notices

195. Power to issue prohibition notice
196. Contents of prohibition notice
197. Compliance with prohibition notice

Division 3 - Non-disturbance notices

198. Issue of non-disturbance notice
199. Contents of non-disturbance notice
200. Compliance with non-disturbance notice
201. Issue of subsequent notices

Division 4 - General requirements applying to notices

202. Application of division
203. Notice to be in writing
204. Directions in notices
205. Recommendations in notice
206. Changes to notice by inspector
207. Regulator may vary or cancel notice
208. Formal irregularities or defects in notice
209. Issue and giving of notice
210. Display of notice

Division 5 - Remedial action

211. When regulator may carry out action
212. Power of the regulator to take other remedial action
213. Costs of remedial or other action

Division 6 - Injunctions

214. Application of division
215. Injunctions for noncompliance with notices

PART 11 - ENFORCEABLE UNDERTAKINGS

216. Regulator may accept WHS undertakings
217. Notice of decision and reasons for decision
218. When a WHS undertaking is enforceable
219. Compliance with WHS undertaking
220. Contravention of WHS undertaking
221. Withdrawal or variation of WHS undertaking
222. Proceeding for alleged contravention

PART 12 - REVIEW OF DECISIONS

Division 1 - Reviewable decisions

223. Which decisions are reviewable

Division 2 - Internal review

224. Application for internal review
225. Internal reviewer
226. Decision of internal reviewer
227. Decision on internal review
228. Stay of reviewable decisions on internal review

Division 3 - External review

229. Application for external review

Division 4 - Review by commission

229A. Decision
229B. How to start review
229C. Stay of operation of decision
229D. Hearing procedures
229E. Powers of commission on application
229EA. Costs of review
229F. Appeals

PART 13 - LEGAL PROCEEDINGS

Division 1 - General matters

230. Prosecutions
231. Procedure if prosecution is not brought
232. Limitation period for prosecutions
233. Multiple contraventions of health and safety duty provision

Division 2 - Sentencing for offences

234. Application of this division
235. Orders generally
236. Adverse publicity orders
237. Orders for restoration
238. Work health and safety project orders
239. Release on the giving of a court-ordered WHS undertaking
240. Injunctions
241. Training orders
242. Offence to fail to comply with order
Division 3
243. Division and section number not used

Division 4 - Offences by bodies corporate

244. Imputing conduct to bodies corporate

Division 5 - The State, Commonwealth and other States

245. Offences and the State, Commonwealth and other States
246. WHS civil penalty provisions and the State, Commonwealth and other States
247. Officers
248. Responsible agency for the State, Commonwealth or another State

Division 6 - Public authorities

249. Application to public authorities that are bodies corporate or local governments
250. Proceedings against public authorities
251. Imputing conduct to public authorities
252. Officer of public authority
253. Proceedings against successors to public authorities

Division 7 - WHS civil penalty provisions

254. When is a provision a WHS civil penalty provision
255. Proceedings for contravention of WHS civil penalty provision
256. Involvement in contravention treated in same way as actual contravention
257. Contravening a WHS civil penalty provision is not an offence
258. Civil proceeding rules and procedure to apply
259. Proceeding for a contravention of a WHS civil penalty provision
260. Who may apply for order in relation to contravention of WHS civil penalty provision
261. Limitation period for application in relation to contravention of WHS civil penalty provision
262. Recovery of a monetary penalty
263. Civil double jeopardy
264. Criminal proceedings during civil proceedings
265. Criminal proceedings after civil proceedings
266. Evidence given in proceedings for contravention of WHS civil penalty provision not admissible in criminal proceedings

Division 8 - Civil liability not affected by this Act

267. Civil liability not affected by this Act

PART 14 - GENERAL

Division 1 - General provisions

268. Offence to give false or misleading information
269. Act does not affect legal professional privilege
270. Immunity from liability
271. Confidentiality of information
271A. Additional ways that regulator may use and share information
272. No contracting out
272A. Insurance or other indemnity against penalties
272B. Officer may be taken to have committed offence against s 272A
273. Person not to levy workers
273A. Evidentiary aids

Division 2 - Codes of practice

274. Approved codes of practice
275. Use of codes of practice in proceedings

Division 2A - Review of Criminal Code (Decriminalising Sex Work) and Other Legislation Amendment Act 2024

275A. Review

Division 3 - Regulation-making power

276. Regulation-making power

PART 15 - REPEALS

277. Repeal of Workplace Health and Safety Act 1995
278. Repeal of Dangerous Goods Safety Management Act 2001

PART 16 - TRANSITIONAL PROVISIONS

Division 1 - Provisions for the repeal of the Workplace Health and Safety Act 1995

Subdivision 1 - Preliminary

279. Definitions for div 1

Subdivision 2 - Proceedings

280. Application of this Act and repealed Act in relation to particular provisions
281. Application of this Act and repealed Act in relation to other particular provisions
282. Investigations and proceedings generally

Subdivision 3 - Status of persons, bodies, processes and other matters

283. Principal contractor
284. Code of practice preserved
285. Enforceable undertaking
286. Appointment to particular board and committee preserved
287. Election of workplace health and safety representative preserved
288. Training requirements for workplace health and safety representative
289. Provisional improvement notices preserved
290. Suspension or cancellation relating to workplace health and safety representative preserved
291. Workplace health and safety committee preserved
292. Appointment of authorised representative preserved
293. Appointment of inspector
294. Warrants and actions by inspectors preserved
295. Improvement notice preserved
296. Prohibition notice preserved
297. Appeals

Division 2 - Provisions for repeal of Dangerous Goods Safety Management Act 2001

298. Definitions for pt 15, div 2
299. Application of this Act and repealed Act in relation to particular provisions
300. Application of this Act and repealed Act in relation to other particular provisions
301. Investigations and proceedings generally
302. Directive by authorised officer preserved
303. Warrants and actions by authorised officer preserved
304. Cost recovery notice
305. Appeals
306. Regulation-making power for major hazard facility

Division 3 - Transitional provisions for Work Health and Safety and Other Legislation Amendment Act 2014

307. Definitions
308. Existing directions to cease unsafe work
309. Entry to workplace under former s 119

Division 4 - Transitional provisions for Rail Safety National Law (Queensland) Act 2017

310. Definitions for division
311. Continuation of former rail safety provision

Division 5 - Transitional provisions for Work Health and Safety and Other Legislation Amendment Act 2017

312. Definitions for division
313. Existing proceedings
314. Appealing decisions made on proceedings decided before commencement
315. Application of s 232(1) to offences allegedly committed before commencement
316. Requests made to the regulator under s 231
317. Adverse publicity orders made before commencement
318. Application of s 261 to alleged contraventions of WHS civil penalty provisions before commencement
319. Review proceedings for decisions mentioned in sch 2A, items 4–12
320. Appeal against review decisions mentioned in sch 2A, items 4–12

Division 6 - Transitional provisions for Community Services Industry (Portable Long Service Leave) Act 2020

321. Definitions for division
322. Application of former s 142A to decision made before commencement
323. Review proceedings under former s 142A
324. Application of amended WHS civil penalty provisions

Division 7 - Transitional provision for Public Service and Other Legislation Amendment Act 2020

325. Validation of entries in relation to electrical safety contraventions

Division 8 - Transitional provisions for Work Health and Safety and Other Legislation Amendment Act 2024

Subdivision 1 - Provision commencing on assent

326. Application of s 272A

Subdivision 2 - Provisions commencing by proclamation

327. Definitions for subdivision
328. Existing procedures for consultation
329. Existing work group negotiations
330. Health and safety representatives to be given particular notices
331. Period for establishing health and safety committee
332. Resolution of existing issue relating to work health and safety
333. Existing directions to cease unsafe work
334. Time for compliance with provisional improvement notices
335. Existing proceedings in relation to discriminatory or coercive conduct
336. Application of s 229EA
337. Existing proceedings in relation to WHS civil penalty provisions
338. Application of new s 274
339. Existing industry sector standing committees
340. Change in committee name

Division 9 - Transitional provisions for Criminal Code (Decriminalising Sex Work) and Other Legislation Amendment Act 2024

Subdivision 1 - Preliminary

341. Definitions for division
342. Particular terms have meaning given under repealed Act

Subdivision 2 - Prostitution Licensing Authority and office

343. Authority, office and executive director
344. State is successor in law of Authority
345. Assets and liabilities
346. Records and other documents
347. Proceedings not yet started
348. Current proceedings
349. Matters relating to employment
350. Effect on legal relationships
351. References to Authority
352. Annual report
353. Prostitution Licensing Authority Fund

Subdivision 3 - Other transitional provisions

354. Applications for brothel licence made but not decided before commencement
355. Applications for approved manager’s certificate made but not decided before commencement
356. Relevant applications under Planning Act made but not decided before commencement
357. Confidentiality
358. Protection of officials from liability
359. Proceedings for offences generally
360. Proceedings for particular offences
361. Transitional regulation-making power
374. (Repealed)
SCHEDULE 1
SCHEDULE 2
SCHEDULE 2A
SCHEDULE 3
SCHEDULE 5

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