Queensland Consolidated Acts Queensland Consolidated Acts
(1) The Governor in Council may appoint a public service officer as the regulator.
(2) The regulator is appointed under the Public Sector Act 2022 and may hold the office in conjunction with his or her other public service office.
(3) The regulator must act independently when making a decision under this Act but otherwise is subject to direction in the person’s capacity as a public service officer and an officer of the department.
The purposes of this part are—
(a) to establish the work health and safety board; and
(b) to provide for the establishment of industry sector standing committees of the board.
The
work health and safety board (the
"board" ) is established.
(1) The primary function of the board is to give advice and make recommendations to the Minister about policies, strategies, allocation of resources, and legislative arrangements, for work health and safety.
(2) Without limiting subsection (1) , the board may discharge its primary function by—(a) developing a 5 year strategic plan for improving work health and safety; and(b) examining whether the 5 year strategic plan meets the existing and future needs of industry and the community; and(c) advising the Minister about state, national and international work health and safety issues; and(d) considering other issues referred to it by the Minister; and(e) reviewing the appropriateness of provisions of this Act, a regulation, or code of practice; and(f) considering recommendations made to it by an industry sector standing committee; and(g) reviewing the performance of an industry sector standing committee; and(h) recommending to the Minister the establishment of industry sector standing committees; and(i) reviewing the membership of an industry sector standing committee; and(j) establishing working parties on the recommendation of an industry sector standing committee; and(k) deciding procedures for the operation of working parties; and(l) appointing members to a working party; and(m) considering the most effective and efficient way of applying funds allocated for work health and safety; and(n) ensuring industry has been adequately consulted on proposed codes of practice; and(o) promoting work health and safety to industry and the community to encourage a healthy and safe culture at workplaces.
(3) The regulator must give the board reasonable help to enable it to perform its functions.
(1) As soon as practical, but within 4 months, after the end of each financial year, the board must prepare and give to the Minister a report on the board’s operations for the year.
(2) The Minister must table a copy of the report in the Legislative Assembly within 14 sitting days after receiving it.
(1) The board consists of a chairperson, and at least 6 other members, appointed by the Minister.
(2) The person the Minister appoints as chairperson must be representative of industry.
(3) In appointing a person as a member, the Minister must consider the person’s practical experience, and competence, in the management of work health and safety.
(4) The Minister must ensure the number of members representing employers equals the number of members representing workers.
(5) The Minister must seek to appoint both men and women members to the board.
(1) The board may hold its meetings when it decides.
(2) However, the board must meet at least 4 times a year.
(3) The chairperson of the board—(a) may call a meeting of the board at any time; and(b) must call a meeting if asked by at least a third of the other members.
(4) Also, the Minister may call a meeting of the board at any time.
(1) The chairperson of the board presides at all board meetings at which the chairperson is present.
(2) If the chairperson is absent, the member chosen by the members present is to preside.
(3) At a meeting of the board—(a) a quorum is at least 4 members; and(b) a question is decided by a majority of the votes of the members present and voting; and(c) each member present has a vote on each question to be decided and, if the votes are equal, the member presiding has a casting vote.
(4) The board may otherwise conduct its proceedings (including its meetings) as it considers appropriate.
(5) The board may hold meetings, or permit members to take part in meetings, by telephone, closed-circuit television or another form of communication.
(6) A member who takes part in a board meeting under a permission under subsection (5) is taken to be present at the meeting.
(7) A resolution is a valid resolution of the board, even though it is not passed at a board meeting, if—(a) at least half the members give written agreement to the resolution; and(b) notice of the resolution is given under procedures approved by the board.
(1) If a member reasonably believes, or should reasonably believe, that an issue being considered or about to be considered by the board may give the member, or an entity associated with the member, a possible professional or commercial advantage, the member must disclose the possible advantage to the board.
(2) The disclosure must be recorded in the board’s minutes and, unless the board otherwise directs, the member must not be present when the board considers the issue, or take part in a decision of the board on the issue.
(3) If, because of this section, a member is not present at a meeting of the board for the deliberation of the board about an issue, but there would be a quorum if the member were present, the remaining members present are a quorum for the board’s deliberation or decision about the issue at the meeting.
(4) For this section, an entity is
"associated with" a member if the member is an employee or member of, or an adviser to, the entity.
The board must keep minutes of its proceedings.
(1) The appointment of a member is for the term, not longer than 3 years, decided by the Minister.
(2) The office of a member becomes vacant if—(a) the member resigns by signed notice of resignation given to the Minister; or(b) the member is found guilty of an indictable offence or an offence against this Act; or(c) the member is absent, without the Minister’s leave and without reasonable excuse, from 3 consecutive ordinary meetings of the board; or(d) the member’s appointment is ended by the Minister under subsection (3) .
(3) The Minister may, at any time, end the appointment of a member for any reason or none.
(1) The Minister may approve a leave of absence for a member.
(2) If a leave of absence is approved, the Minister may appoint someone else as an acting member during the member’s approved leave of absence.
(1) A member is appointed on a part-time basis.
(2) A member is entitled to be paid the remuneration and allowances fixed by the Minister.
(1) The Minister may, by gazette notice, establish industry sector standing committees.
(2) However, no more than 10 industry sector standing committees may exist at any particular time.
(1) The primary function of an industry sector standing committee is to give advice and make recommendations to the work health and safety board about work health and safety in the industry sector for which the committee is established.
(2) Without limiting subsection (1) , the committee may discharge its primary function by—(a) examining the appropriateness of, and need for, setting work health and safety standards; and(b) considering issues referred to it by the board; and(c) recommending to the board that working parties be established to respond to work health and safety issues; andExamples of responses under paragraph (c)—1 developing a code of practice2 organising a workplace health and safety promotional program(d) recommending to the board who should be a member of a working party; and(e) recommending to the board procedures for the operation of working parties.
(1) An industry sector standing committee consists of a chairperson, and at least 6 other members, appointed by the Minister.
(2) In appointing a person as a member, the Minister must consider the person’s practical experience, and competence, in the management of work health and safety.
(3) The Minister must ensure the number of members representing employers equals the number of members representing workers.
(4) The Minister must seek to appoint both men and women members to the committee.
(1) An industry sector standing committee may hold its meetings when it decides.
(2) However, the committee must meet at least 4 times a year.
(3) The chairperson of the committee—(a) may call a meeting of the committee at any time; and(b) must call a meeting if asked by at least a third of the other members.
(4) Also, the Minister or the board may call a meeting of the committee at any time.
(1) The chairperson of an industry sector standing committee presides at all meetings of the committee at which the chairperson is present.
(2) If the chairperson is absent, the member chosen by the members present is to preside.
(3) At a meeting of the committee—(a) a quorum is at least half the members; and(b) a question is decided by a majority of the votes of the members present and voting; and(c) each member present has a vote on each question to be decided and, if the votes are equal, the member presiding has a casting vote.
(4) An industry sector standing committee may otherwise conduct its proceedings (including its meetings) as it considers appropriate.
(5) An industry sector standing committee may hold meetings, or permit members to take part in meetings, by telephone, closed-circuit television or another form of communication.
(6) A member who takes part in an industry sector standing committee meeting under a permission under subsection (5) is taken to be present at the meeting.
(7) A resolution is a valid resolution of an industry sector standing committee, even though it is not passed at an industry sector standing committee meeting, if—(a) at least half the members give written agreement to the resolution; and(b) notice of the resolution is given under procedures approved by the industry sector standing committee.
(1) If a member reasonably believes, or should reasonably believe, that an issue being considered or about to be considered by the industry sector standing committee may give the member, or an entity associated with the member, a possible professional or commercial advantage, the member must disclose the possible advantage to the committee.
(2) The disclosure must be recorded in the industry sector standing committee’s minutes and, unless the committee otherwise directs, the member must not be present when the committee considers the issue, or take part in a decision of the committee on the issue.
(3) If, because of this section, a member is not present at a meeting of the industry sector standing committee for the deliberation of the committee about an issue, but there would be a quorum if the member were present, the remaining members present are a quorum for the committee’s deliberation or decision about the issue at the meeting.
(4) For this section, an entity is
"associated with" a member if the member is an employee or member of, or an adviser to, the entity.
An industry sector standing committee must keep minutes of its proceedings.
(1) The appointment of a member is for the term, not longer than 3 years, decided by the Minister.
(2) The office of a member becomes vacant if—(a) the member resigns by signed notice of resignation given to the Minister; or(b) the member is found guilty of an indictable offence or an offence against this Act; or(c) the member is absent, without the Minister’s leave and without reasonable excuse, from 3 consecutive ordinary meetings of the committee; or(d) the member’s appointment is ended by the Minister under subsection (3) .
(3) The Minister may, at any time, end the appointment of a member for any reason or none.
(1) The Minister may approve a leave of absence for a member.
(2) If a leave of absence is approved, the Minister may appoint someone else as an acting member during the member’s approved leave of absence.
(3) The Minister must have regard to the committee’s membership requirements under section 16 when appointing someone as an acting member.
(1) A member is appointed on a part-time basis.
(2) A member is entitled to be paid the remuneration and allowances fixed by the Minister.
In this part—
"affected person" means a person who is affected, directly or indirectly, by a
workplace incident that involves death or a serious injury or illness.
"affected persons committee" ...
"committee member" see section 23D (1) .
"consultative committee" see section 23B .
"workplace incident" means an incident that happens at a workplace, including
a workplace to which this Act does not apply.
The Consultative
Committee for Work-related Fatalities and Serious Incidents (the
"consultative committee" ) is established.
(1) The primary function of the consultative committee is to give advice and make recommendations to the Minister about the information and support needs of affected persons.
(2) Without limiting subsection (1) , the consultative committee may discharge its primary function by—(a) providing advice about, and contributing to the development and review of, policies, practices and strategies for liaising with and providing information and support to affected persons; and(b) considering and making recommendations about other matters relating to the information and support needs of affected persons referred to the committee by the Minister.
(3) The regulator must give the consultative committee the necessary administrative and other support to enable the committee to perform its functions efficiently and effectively.
(1) The consultative committee consists of the following members (each a
"committee member" ) appointed by the Minister—(a) the chairperson;(b) the deputy chairperson;(c) at least 4 other members, each of whom represents—(i) an affected person; or(ii) a person affected, directly or indirectly, by a relevant incident.
(2) A person may be appointed as the chairperson or deputy chairperson if—(a) the person has or had a serious injury or illness as a result of a workplace incident or a relevant incident; or(b) a relative of the person died, or has or had a serious injury or illness, as a result of a workplace incident or a relevant incident.
(3) In appointing a committee member, the Minister must have regard to providing for balanced gender representation in the membership of the committee.
(4) In this section—
"relevant incident" means an incident, other than a workplace incident, involving death or serious injury or illness, if the circumstances of the incident are relevant to securing the health and safety of workers and workplaces.
(1) A committee member holds office for the term, not longer than 3 years, decided by the Minister.
(2) Subsection (1) does not prevent a committee member from being reappointed.
(1) A committee member’s office becomes vacant if—(a) the member completes the member’s term of office and is not reappointed; or(b) the member resigns office by signed notice given to the Minister; or(c) the member is found guilty of an indictable offence or an offence against this Act; or(d) the member is absent, without the Minister’s leave and without reasonable excuse, from 3 consecutive ordinary meetings of the consultative committee; or(e) the member’s appointment is ended by the Minister under subsection (2) .
(2) The Minister may, at any time, end the appointment of a committee member for any reason or none.
(1) A committee member is appointed on a part-time basis.
(2) A committee member is to be paid the remuneration and allowances decided by the Minister.
(3) A committee member holds office on the terms, not otherwise provided for by this Act, decided by the Minister.
(4) A committee member is appointed under this Act and not the Public Sector Act 2022 .
The Minister may—
(a) approve a leave of absence for a committee member; and
(b) appoint someone else to act in the office of the committee member while the member is absent on leave.
Subject to this division, the consultative committee may conduct its business, including its meetings, in the way it considers appropriate.
A quorum for the consultative committee is one-half the number of its committee members, or if one-half is not a whole number, the next highest whole number.
(1) Meetings of the consultative committee are to be held at the times and places the chairperson decides.
(2) However, the chairperson must call a meeting if asked in writing to do so by—(a) the Minister; or(b) at least the number of committee members forming a quorum for the committee.
(1) The chairperson presides at all meetings of the consultative committee at which the chairperson is present.
(2) If the chairperson is absent from a meeting, the deputy chairperson is to preside.
(3) If neither the chairperson nor the deputy chairperson is present at a meeting, the committee member chosen by the members present is to preside.
The consultative committee must keep minutes of its meetings.
(1) This section applies to a committee member if—(a) the member has a direct interest in an issue being considered, or about to be considered, by the consultative committee; and(b) the interest could conflict with the proper performance of the member’s duties about the consideration of the issue.
(2) As soon as practicable after the relevant facts come to the committee member’s knowledge, the member must disclose the nature of the interest to a meeting of the consultative committee.
(3) Unless the consultative committee otherwise decides, the committee member must not—(a) be present when the committee considers the issue; or(b) take part in a decision of the committee about the issue.
(4) The committee member must not be present when the consultative committee is considering its decision under subsection (3) .
(5) If there is another person who must, under subsection (2) , also disclose an interest in the issue, the other person must not—(a) be present when the consultative committee is considering its decision under subsection (3) ; or(b) take part in making the decision.
(6) Subsection (7) applies if—(a) because of this section, a committee member is not present at a meeting for considering or deciding an issue, or making a decision under subsection (3) ; and(b) there would be a quorum if the committee member were present.
(7) The remaining committee members present are a quorum of the consultative committee for considering or deciding the issue, or making a decision under subsection (3) , for the meeting.
(1) As soon as practicable, but within 4 months, after the end of each financial year, the consultative committee must give the Minister a written report about the performance of its functions during the year.
(2) The Minister must table a copy of the report in the Legislative Assembly within 14 sitting days after receiving it.
(1) The Workers’ Compensation Regulator must apply to the regulator for a report about the occupational health and safety performance of an employer or a group employer for the purpose of an application or renewal for self-insurance under the Workers’ Compensation and Rehabilitation Act 2003 .
(2) The employer or group employer must pay the fee calculated under a regulation for the preparation of the report.
(3) The regulator must—(a) prepare the report having regard to the occupational health and safety performance standards published by the regulator; and(b) give the report to the Workers’ Compensation Regulator within 3 months after receiving the application for the report.
(4) In this section—
"employer" see the Workers’ Compensation and Rehabilitation Act 2003 , section 30 .
"group employer" see the Workers’ Compensation and Rehabilitation Act 2003 , schedule 6 .
There must be a Work Health and Safety Prosecutor (the
"WHS prosecutor" ).
(1) The WHS prosecutor represents the State.
(2) Without limiting subsection (1) , the WHS prosecutor has the status, privileges and immunities of the State.
The functions of the WHS prosecutor are—
(a) to conduct and defend proceedings under this Act before a court or tribunal; and
(b) to advise the regulator on matters relating to this Act; and
(c) any other function given to the WHS prosecutor under this Act or another Act.
(1) The WHS prosecutor has the powers given under this Act or another Act.
(2) Also, the WHS prosecutor has the power to do all things necessary or convenient to be done in performing his or her functions.
In performing the functions and exercising the powers of the WHS prosecutor, the WHS prosecutor is not under the control or direction of the Minister.
The WHS prosecutor may delegate the WHS prosecutor’s functions and powers under this Act or another Act to an appropriately qualified member of the WHS prosecutor’s staff.
(1) The WHS prosecutor is appointed by the Governor in Council on the recommendation of the Minister.
(2) The Minister may recommend a person for appointment only if—(a) the person is a lawyer who has been admitted to practise for at least 5 years; and(b) the Minister is satisfied the person has demonstrated qualities of leadership, management and innovation in a senior government or private sector role.
The WHS prosecutor is appointed under this Act and not under the Public Sector Act 2022 .
Subject to this division, the WHS prosecutor—
(a) holds office for not more than 5 years, as stated in the WHS prosecutor’s instrument of appointment; and
(b) is eligible for reappointment on the ending of the WHS prosecutor’s term of appointment.
(1) The WHS prosecutor is to be paid the remuneration and allowances decided by the Governor in Council.
(2) The WHS prosecutor holds office on the terms and conditions decided by the Governor in Council, to the extent the terms and conditions are not provided for by this Act.
(1) This section applies if a public service officer is appointed as the WHS prosecutor.
(2) The person keeps all rights accrued or accruing to the person as a public service officer as if service as the WHS prosecutor were a continuation of service as a public service officer.
(3) At the end of the person’s term of office or on resignation as the WHS prosecutor, the person’s service as the WHS prosecutor is taken to be service of a like nature in the public service for deciding the person’s rights as a public service officer.
Other than under this Act, the WHS prosecutor must not, without the Minister’s consent, engage in any work relating to—
(a) a person conducting a business or undertaking who has been charged with an offence under this Act; or
(b) consultancy on work health and safety matters with a person conducting a business or undertaking.
(1) This section applies to a person appointed as the WHS prosecutor if—(a) before the appointment, the person was involved in a matter in the practice of the person’s profession; and(b) at the time of the appointment, the matter has not been finally decided or otherwise dealt with.
(2) The involvement does not prevent the person from, or limit the person in, performing the person’s functions as WHS prosecutor.
(3) However, the person must not—(a) disclose information given to the person in his or her professional capacity in relation to the matter before the person’s appointment as WHS prosecutor, other than to—(i) the person for whom the WHS prosecutor was acting in the matter in the practice of the WHS prosecutor’s profession; or(ii) a legal representative of that person; or(iii) a person authorised by the person or legal representative mentioned in subparagraph (i) or (ii) to receive the information; or(b) act personally in relation to the matter.
(1) The office of the WHS prosecutor becomes vacant if the WHS prosecutor—(a) resigns office by signed notice to the Minister giving at least 1 month’s notice; or(b) is convicted of an indictable offence; or(c) is an insolvent under administration; or(d) is removed from office by the Governor in Council under subsection (3) .
(2) Also, if the WHS prosecutor is suspended by the Minister under subsection (5) , the office is vacant during the period of suspension.
(3) The Governor in Council may, at any time, remove the WHS prosecutor from office on the recommendation of the Minister.
(4) The Minister may recommend the WHS prosecutor’s removal if the Minister is satisfied the WHS prosecutor—(a) has been guilty of misconduct; or(b) is incapable of performing his or her duties; or(c) has neglected his or her duties or performed them incompetently.
(5) The Minister may suspend the WHS prosecutor for up to 60 days by signed notice to the WHS prosecutor if—(a) there is an allegation of misconduct against the WHS prosecutor; or(b) the Minister is satisfied a matter has arisen in relation to the WHS prosecutor that may be grounds for removal under this section.
(1) If there is a vacancy in the office of the WHS prosecutor or the WHS prosecutor is absent or for any other reason is unable to perform the functions of the office, the Minister may appoint a person to act as the WHS prosecutor for a period of not more than 6 months.
(2) A person can not be appointed to act as the WHS prosecutor unless the Minister could recommend the person be appointed as WHS prosecutor under section 31 .
(3) A person appointed to act as the WHS prosecutor may be appointed to act as WHS prosecutor for a further period—(a) if the appointment is continuous on 1 or more of the person’s previous appointments as acting WHS prosecutor and the total period of continuous appointments is not more than 6 months—by the Minister; or(b) otherwise—by the Governor in Council.
(4) The Governor in Council may, at any time, cancel the appointment of a person to act as the WHS prosecutor.
To remove any doubt, it is declared that the WHS prosecutor is not a statutory body for the Statutory Bodies Financial Arrangements Act 1982 or the Financial Accountability Act 2009 .
(1) The Office of the WHS Prosecutor is established.
(2) The office consists of the WHS prosecutor and the WHS prosecutor’s staff.
The office’s function is to help the WHS prosecutor perform his or her functions.
The WHS prosecutor’s staff are employed under the Public Sector Act 2022 .
(1) The WHS prosecutor controls the office.
(2) Subsection (1) does not prevent the attachment of the office to the department for the purpose of ensuring the office is supplied with the administrative support services it requires to carry out its functions effectively and efficiently.
In this
division—
"information" includes a document.
(1) The WHS prosecutor may ask the regulator for information relevant to the performance of a function of the WHS prosecutor.
(2) The regulator must take reasonable steps to provide the information.
(1) This section applies in relation to a proceeding for—(a) an offence under this Act; or(b) a contravention of a WHS civil penalty provision.
(2) The regulator has a duty to disclose to the WHS prosecutor all information relevant to the proceeding, including knowledge of a matter relevant to the proceeding, in the possession or control of the regulator.
(3) The duty continues until the proceeding is finally decided or otherwise ends.
(1) The WHS prosecutor must issue, and publish on the WHS prosecutor’s website, general guidelines in relation to the prosecution of offences under this Act.
(2) Also, the WHS prosecutor may issue written guidelines to any of the following persons—(a) staff of the WHS prosecutor;(b) the regulator;(c) public service employees employed in the department undertaking work relevant to the WHS prosecutor’s functions under this Act.
(3) Guidelines issued under subsection (2) —(a) must be consistent with this Act; and(b) may include the following matters—(i) procedures for the referral of matters by the regulator to the WHS prosecutor;(ii) principles and procedures for the conduct of proceedings for offences under this Act, including procedures relating to the roles of the WHS prosecutor and the regulator.
(4) Subsection (3) (b) does not limit the matters for which guidelines may be issued under subsection (2) .
(5) A guideline must not be issued in relation to a particular case.
(1) As soon as practicable after the close of each financial year but not later than 4 months after the close, the WHS prosecutor must give the Minister a report on the performance of the WHS prosecutor’s functions during that year.
(2) The report must include a copy of each guideline made under section 48 in force during the financial year.
(3) The Minister must table a copy of the report in the Legislative Assembly within 14 sitting days after the Minister receives it.