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WORK HEALTH AND SAFETY ACT 2012 (NO 40 OF 2012)


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.      Examples and notes Division 4--Application of Act
   10.     Act binds the Crown
   11.     Extraterritorial application
   12.     Scope

   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 transferrable
   15.     Person may have more than one duty
   16.     More than one 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 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
   34.     Exceptions

   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 1--Consultation, co-operation and co-ordination 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 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
   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 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 section 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
   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.     Minor 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
   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 8--Part not to apply to prisoners
   103.    Part does not apply to prisoners

   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.    Authorising authority must permit WHS entry permit holder to show cause
   140.    Determination of application Division 6--Dealing with disputes
   141.    Application for assistance of inspector to resolve dispute
   142.    Authorising authority may deal with a dispute about a right of entry under this Act
   143.    Contravening order made to deal with dispute 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 authorising authority
   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 to obtain 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
   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.    Protection 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.    Attendance of inspector at inquiries 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.    Stays of reviewable decisions on internal review Division 3--External review
   229.    Application for external review

   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--Infringement notices
   243.    Infringement notices Division 4--Offences by bodies corporate
   244.    Imputing conduct to bodies corporate Division 5--The Crown
   245.    Offences and the Crown
   246.    WHS civil penalty provisions and the Crown
   247.    Officers
   248.    Responsible agency for the Crown Division 6--Public authorities
   249.    Application to public authorities that are bodies corporate
   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 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.    Proceeding may be brought by the regulator or an inspector
   261.    Limitation period for WHS civil penalty proceedings
   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
   272.    No contracting out
   273.    Person not to levy workers Division 2--Codes of practice
   274.    Approved codes of practice
   275.    Use of codes of practice in proceedings Division 3--Regulation-making powers
   276.    Regulation-making powers Division 4--Reviews
   277.    Reviews
           SCHEDULE 1--Application of Act to dangerous goods and high risk plant
           SCHEDULE 2--Local tripartite consultation arrangements
           SCHEDULE 3--Regulation-making powers
           SCHEDULE 4--Review committees
           SCHEDULE 5--Provisions of local application
           SCHEDULE 6--Consequential amendments, repeal and transitional provisions


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