Queensland Numbered Acts

WORK HEALTH AND SAFETY ACT 2011 No. 18 - SCHEDULE 2

(1) The Governor in Council may appoint a public service officer as the regulator.

(2) The regulator is appointed under the Public Service Act 2008 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 following industry sector standing committees of the board are established—

(a) construction sector standing committee;

(b) manufacturing sector standing committee;

(c) rural sector standing committee;

(d) health and community services sector standing committee;

(e) retail and wholesale sector standing committee;

(f) transport and storage sector standing committee.

(2) Also, the Minister may, by gazette notice, establish other industry sector standing committees for industry sectors.

(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; and

Examples of responses under paragraph (c)—

1 developing a code of practice

2 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 57 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.

(1) The Workers' Compensation Regulatory Authority 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 Authority 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.