South Australian Numbered Acts South Australian Numbered ActsIn this Act, unless the contrary intention appears—
"Advisory Council" means the SafeWork SA Advisory Council established under Schedule 2;
"approved code of practice" means a code of practice approved under Part 14;
"authorised", in Part 4—see section 40;
"authorising authority" means the Industrial Relations Commission of South Australia;
"Category 1 offence"—see section 31;
"Category 2 offence"—see section 32;
"Category 3 offence"—see section 33;
"compliance powers" means the functions and powers conferred on an inspector under this Act;
"condition" includes limitation and restriction;
"construct" includes assemble, erect, reconstruct, reassemble and re-erect;
"corresponding regulator" means the holder of a public office, or a public authority, of the Commonwealth, or of a State, who or which is responsible for administering a corresponding WHS law;
"corresponding WHS law" means—
(a) the Dangerous Substances Act 1979 ; or
(b) the Explosives Act 1936 ; or
(c) the Fair Work Act 1994 ; or
(d) the Mines and Works Inspection Act 1920 ; or
(e) the Offshore Minerals Act 2000 ; or
(f) the Petroleum (Submerged Lands) Act 1982 ; or
(g) the Petroleum and Geothermal Energy Act 2000 ; or
(h) the Petroleum Products Regulation Act 1995 ; or
(i) any other Act brought within the ambit of this definition by the regulations; or
(j) a law of another Australian jurisdiction corresponding, or substantially corresponding, to this Act; or
(k) a law of another Australian jurisdiction brought within the ambit of this definition by the regulations;
"dangerous incident", in Part 3—see section 37;
"demolition" includes deconstruction;
"Department" means the administrative unit of the Public Service that is, under the Minister, responsible for the administration of this Act;
"design", in relation to plant, a substance or a structure includes—
(a) design of part of the plant, substance or structure; and
(b) redesign or modify a design;
"disclose", in relation to information, includes divulge or communicate to any person or publish;
"discriminatory conduct", in Part 6—see section 105;
"document" includes record;
"emergency services worker" means—
(a) a police officer; or
(b) a member of the South Australian Metropolitan Fire Service, the South Australian Country Fire Service or the South Australian State Emergency Service; or
(c) a fire control officer appointed under the Fire and Emergency Services Act 2005 ; or
(d) the State Co-ordinator or an authorised officer under the Emergency Management Act 2004 ; or
(e) a person brought within the ambit of this definition by the regulations;
"employee record", in relation to an employee, has the same meaning as it has in the Privacy Act 1988 of the Commonwealth;
"employer organisation" means an organisation of employers;
"engage in conduct" means doing an act or omitting to do an act;
"Executive Director" means the person for the time being holding, or acting in, the position of Executive Director of that part of the Department that is directly involved in the administration and enforcement of this Act;
"Fair Work Act" means the Fair Work Act 2009 of the Commonwealth;
"handling" includes transport;
"health" means physical and psychological health;
"health and safety duty"—see section 30;
"health and safety representative", in relation to a worker, means the health and safety representative elected under Part 5 for the work group of which the worker is a member;
"import" means to bring into the jurisdiction from outside Australia;
"industrial magistrate" means a magistrate assigned by the Governor under section 19A of the Fair Work Act 1994 to be an industrial magistrate;
"Industrial Registrar" has the same meaning as in the Fair Work Act 1994 ;
"inspector" means an inspector appointed under Part 9;
"internal reviewer" means—
(a) the regulator; or
(b) a person appointed by the regulator under section 225;
"IRC" means the Industrial Relations Court of South Australia;
"local authority" means a council under the Local Government Act 1999 ;
"Magistrates Court" means the Magistrates Court of South Australia;
"medical treatment" means treatment by a medical practitioner registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);
"notifiable incident"—see section 35;
"officer" means—
(a) an officer within the meaning of section 9 of the Corporations Act 2001 of the Commonwealth other than a partner in a partnership; or
(b) an officer of the Crown within the meaning of section 247; or
(c) an officer of a public authority within the meaning of section 252,
other than an elected member of a local authority acting in that capacity;
"official of a union", in Part 7—see section 116;
"personal information" has the same meaning as it has in the Privacy Act 1988 of the Commonwealth;
"person conducting a business or undertaking"—see section 5;
"plant" includes—
(a) any machinery, equipment, appliance, container, implement and tool; and
(b) any component of any of those things; and
(c) anything fitted or connected to any of those things;
"prohibited reason", in Part 6—see section 106;
"public authority" means—
(a) an agency or instrumentality of the Crown; or
(b) an administrative unit or department within the Public Service of this or any other State, or of the Commonwealth;
"reasonably practicable", in relation to a duty to ensure health and safety—see section 18;
"regulator" means the Executive Director;
"relevant person conducting a business or undertaking", in Part 7—see section 116;
"relevant union", in Part 7—see section 116;
"relevant worker", in Part 7—see section 116;
"representative", in relation to a worker, means—
(a) the health and safety representative for the worker; or
(b) a union representing the worker; or
(c) any other person the worker authorises to represent him or her;
"review committee" means a review committee constituted under Schedule 4;
"serious injury or illness", in Part 3—see section 36;
"State" includes Territory;
"State or Territory industrial law" has the same meaning as it has in the Fair Work Act;
"structure" means anything that is constructed, whether fixed or moveable, temporary or permanent, and includes—
(a) buildings, masts, towers, framework, pipelines, transport infrastructure and underground works (shafts or tunnels); and
(b) any component of a structure; and
(c) part of a structure;
"substance" means any natural or artificial substance, whether in the form of a solid, liquid, gas or vapour;
"supply"—see section 6;
"this Act" includes the regulations;
"union" means—
(a) an employee organisation that is registered, or taken to be registered, under the Fair Work (Registered Organisations) Act 2009 of the Commonwealth; or
(b) an association of employees or independent contractors, or both, that is registered or recognised as such an association (however described) under a State or Territory industrial law;
"volunteer" means a person who is acting on a voluntary basis (irrespective of whether the person receives out-of-pocket expenses);
"WHS entry permit" means a WHS entry permit issued under Part 7;
"WHS entry permit holder" means a person who holds a WHS entry permit;
"WHS undertaking" means an undertaking given under section 216(1);
"WorkCover" means the WorkCover Corporation of South Australia;
"work group" means a work group determined under Part 5;
"worker"—see section 7;
"workplace"—see section 8.
Subdivision 2—Other important terms