Schedule 3—Regulation-making powers
(1) Matters relating
to the way in which duties imposed by this Act are to be performed.
(2) Matters relating
to the regulation or prohibition of specified activities or a specified class
of activities—
(a) at
workplaces or a specified class of workplaces; or
(b) by a
specified class of persons on whom duties or obligations are imposed by
this Act,
to eliminate or minimise risks to health and safety.
(3) Imposing duties on
persons in relation to any matter provided for under the regulations.
Matters relating to incidents at workplaces including—
(a)
regulating or requiring the taking of any action to avoid an incident at a
workplace or in the course of conducting a business or undertaking; and
(b)
regulating, requiring or prohibiting the taking of any action in the event of
an incident at a workplace or in the conduct of a business or undertaking.
3—Plant, substances or structures
Matters relating to plant, substances or structures, including—
(a)
regulating the storage and handling of plant, substances and structures; and
(b)
regulating or requiring—
(i)
the examination, testing, labelling, maintenance or
repair of plant and structures; or
(ii)
the examination, testing, analysis or labelling of any
substance.
4—Protection and welfare of workers
Matters relating to the protection and welfare of workers including—
(a)
regulating or requiring the provision and use of protective clothing or
equipment, or rescue equipment, in specified circumstances; and
(b)
regulating or requiring the provision of specified facilities for the welfare
of workers at the workplace; and
(c)
matters relating to health and safety in relation to accommodation provided to
workers.
Matters relating to hazards and risks including—
(a) the
prescribing of standards relating to the use of or exposure to any physical,
biological, chemical or psychological hazard; and
(b)
matters relating to safety cases, safety management plans and safety
management systems (however described); and
(c)
matters relating to measures to control risks.
(1) The keeping and
availability of records of health and safety representatives and deputy
health and safety representatives.
(2) The keeping of
records in relation to incidents.
(3) The keeping of
records of specified activities, matters or things to be kept by specified
persons.
(4) The giving of
notice of or information about specified activities, matters or things to the
regulator, an inspector or other specified person.
(1) Matters relating
to authorisations (including licences, registrations and permits) and
qualifications, and experience for the purposes of Part 4 or the
regulations including providing for—
(a)
applications for the grant, issue, renewal, variation, suspension and
cancellation of authorisations, including the minimum age to be eligible for
an authorisation; and
(b) the
evidence and information to be provided in relation to applications including
the provision of statutory declarations; and
(c)
exemptions; and
(d)
variations of authorisations by the regulator whether on application or
otherwise; and
(e)
authorisation of persons as trainers and assessors; and
(f)
examination of applicants for authorisations; and
(g)
conditions of authorisations; and
(h) fees
for applications for the grant, issue, renewal and variation of
authorisations.
(2) The recognition of
authorisations under corresponding WHS laws and exceptions to recognition.
(3) The sharing of
information with corresponding regulators relating to the grant, issue,
renewal, variation, suspension or cancellation of authorisations.
Matters relating to work groups and variation of work groups and agreements or
variations of agreements relating to the determination of work groups.
9—Health and safety committees and health and safety representatives
Matters relating to health and safety committees and health and safety
representatives.
Matters relating to issue resolution including—
(a) the
minimum requirements for an agreed procedure for resolving an issue; and
(b) the
requirements for a default issue resolution procedure where there is no agreed
procedure.
Matters relating to WHS entry permits, including providing for—
(a)
eligibility for WHS entry permits; and
(b)
procedures for applications for WHS entry permits and objections to
applications for WHS entry permits; and
(c)
conditions of WHS entry permits; and
(d) the
form of WHS entry permits; and
(e)
requirements for training; and
(f)
records of WHS entry permits.
Matters relating to identity cards.
Matters relating to—
(a)
costs of forfeiture and disposal of forfeited things; and
(b)
disposal of seized things and forfeited things.
Matters relating to the review of decisions under the regulations
including—
(a)
prescribing decisions as reviewable decisions for the purposes of Part 12
and conferring jurisdiction on SAET to conduct reviews; and
(b)
prescribing procedures for internal and external review of decisions under the
regulations; and
(c)
conferring jurisdiction on a court to conduct reviews under the regulations.