Queensland Numbered Acts

WORK HEALTH AND SAFETY ACT 2011 No. 18 - SECT 408

Chapter 14—

insert—

'In this part—

building and construction industry see the Building and Construction Industry (Portable Long Service Leave) Act 1991, section 3AA.

construction project means a project involving construction work, if the total of all costs relating directly or indirectly to the construction work is at least $80 000.

Examples of costs relating to construction work—

costs of labour, materials, plant, equipment, design, project management, consultancy, prefabricated goods, commissioning, installation

construction work means work in the building and construction industry.

principal contractor, for a construction project, see section 576B.

relevant contractor, for a construction project, means a person who has made a contract with someone else for the performance of construction work, or the provision of a service in the building and construction industry, for the construction project.

'(1) For this part, a person who commissions a construction project is the principal contractor for the construction project.

'(2) However, if the person mentioned in subsection (1) engages another person as the principal contractor for the construction project and authorises the person engaged to have the management and control of the construction project, the person engaged is the principal contractor for the construction project.

'(3) If 2 or more persons are the principal contractor for the construction project under subsection (1) or (2), those persons must perform the functions, or exercise the powers, of the principal contractor by acting jointly.

'(1) This section applies in relation to a relevant contractor for a construction project who is an employer.

'(2) The principal contractor for the construction project may, by written notice, ask the relevant contractor to give the principal contractor a copy of the following document (the required document)—

(a) if the relevant contractor is a self-insurer—the relevant contractor's licence to be a self-insurer;

(b) otherwise—

(i) a certificate of currency for the relevant contractor's policy of insurance required under section 48; or

(ii) evidence of an exemption under section 49 and a certificate of currency for the relevant contractor's policy of insurance for the relevant contractor's workers under another law.

'(3) The relevant contractor must, unless the relevant contractor has a reasonable excuse, give the principal contractor the required document within 10 business days after being given the notice under subsection (2).

Maximum penalty—25 penalty units.

'(4) In this section—

certificate of currency, for a policy of insurance, means a certificate issued by the insurer stating at least each of the following—

(a) the name of the policy holder;

(b) the policy holder's ABN or ACN;

(c) the policy number;

(d) the name of the insurer;

(e) the amount and type of insurance;

(f) the period of insurance for which the certificate is issued.

'(1) WorkCover may—

(a) compile injury data for a construction project, to the extent the data relates to relevant contractors for the construction project who are not self-insurers; and

(b) give the injury data to the principal contractor for the construction project.

'(2) The Authority may, on the request of the principal contractor for the construction project, give the principal contractor injury data for the construction project, to the extent the data relates to relevant contractors who are self-insurers.

'(3) In this section—

injury data, for a construction project, means the following information about each relevant contractor for the construction project—

(a) the relevant contractor's name;

(b) the number and type of injuries sustained by workers on the project for which applications for compensation have been made under section 132;

(c) the date the injuries were sustained;

(d) the address of the site at which the injuries were sustained.

'(1) This section applies to a person who is or has been the principal contractor, or a director or employee of the principal contractor, for a construction project.

'(2) The person must not disclose any information received under this part if it identifies, directly or indirectly, any person to whom it relates.

Maximum penalty—100 penalty units.'.