Victorian Numbered Acts

OCCUPATIONAL HEALTH AND SAFETY ACT 2004 (NO 107 OF 2004) - NOTES

Act No. 107/2004

Victoria

No. 107 of 2004

Occupational Health and Safety Act 2004^[†]

[Assented to 21 December 2004]

^[†]     Minister's second reading speech—

    Legislative Assembly: 18 November 2004

    Legislative Council: 14 December 2004

    The long title for the Bill for this Act was "to promote and improve standards for occupational health, safety and welfare, to repeal the Occupational Health and Safety Act 1985 and for other purposes."

INDEX

Subject	Section
Accidents See Incidents
Act
commencement	3
consequential amendments to other Acts	177–186
objects	2
purposes	1
repeals	159
transitional provisions	160–176
Adverse publicity orders	135
Authorised representatives
definition	5
entry permits
definition	5
disqualification	85
eligibility for	81
expiry	84, 86
issue	83
limit on number held	80
production for inspection	88, 89
revocation	85–86
entry powers	87–90
limitations on exercise of powers	90
loss, damage caused by	92
offences by, against	91–94
training courses	81, 82
Authority See Victorian WorkCover Authority
Bodies corporate
offences by	143–144
Buildings and structures	28, 37–39, 162
Civil proceedings	34
Compliance codes
definition	5
disallowance of certain orders	151
effect of compliance with	152
effect of non-compliance with	150
orders for approval, variation, revocation	149
proposed codes	7
references in notices to	61, 113
Corresponding Authorities	5, 7–8
Crown	5, 6, 146–147
Deaths	37–39
Definitions	5, 37, 79, 87, 146, 148, 157, 160
Designated work groups
continuation of groups determined under old Act	163
definition	5
determination of unresolved particulars	45–46
establishment	43–44
Subject	Section
multiple employers, workplaces	47–52
negotiations regarding	43–51
prohibition on coercion	53
See also Health and safety representatives
Designers	27–28, 162
Director of Public Prosecutions	130–132
Employees
assistance for inspectors	121
consultation with	35–36, 89, 90
definition	5
discrimination by employers	76–78
duties in general	25
duties in general of employers towards	21–22
entitlement to health and safety protection	4
information for	22
payment while prohibition notices in force	75
persons included in references to	21, 35
resolution of health and safety issues	73–75
review of decisions regarding	127–129
See also Designated work groups; Health and safety representatives
Employers
definition	5
discrimination against employees by	76–78
duties regarding health and safety in general	4
duties, rights regarding
assistance for inspectors	121–122
authorised representatives	85
consultation with employees	35–36
directions to cease work	74
employees in general	21
entry powers of authorised representatives	88–90
health and safety committees	72
incidents	37–39
information, records	22
licensing, registration of workplaces	40
monitoring of health, conditions of workplace	22
other persons	23
resolution of health and safety issues	73–75
reviewable decisions	127–129
representatives of	58, 69, 73
See also Designated work groups; Health and safety representatives
Entry permits See Authorised representatives
Entry powers
of authorised representatives	87–90
of inspectors with warrant	104–107
of inspectors without warrant	98–103, 107
Evidence	95, 134
Forfeiture	109, 127–129
Subject	Section
Guidelines
making of, matters provided for	12–13
on designated work groups involving multiple employers	50
on prosecution of offences	130
other rights, liabilities not affected by	15
withdrawal	14
Health and safety
concept of ensuring	20
definition of health	5
principles of protection of	2, 4
resolution of issues of	73–75
Health and safety committees
continuation	165
definition	5
establishment, functions, meetings, membership	72
inspection of records of incidents by members of	38
Health and safety representatives
access to workplace for persons assisting	70
accessibility	44, 48
as members of health and safety committees	72
ceasing to hold office	55
continuation	164
definition	5
deputies	44, 48, 57, 68–71
disqualification	56
election, eligibility	54
employers' general duties regarding	67–71
list	71
multiple employers	67, 68
number of	44, 48
powers (general)	58–59
powers, duties, rights regarding
access to information	69
consultation between employers, employees	36
directions to cease work	74
independent contractors	44, 48, 58, 59, 69
inspection of records of incidents	38
interviews between employees and employers or inspectors	58, 69
provisional improvement notices	60–61
resolution of health and safety issues	73–75
reviewable decisions	127–129
terms of office	44, 48, 55
training	67–69
Improvement notices
cancellation, variation	114
directions, conditions in	111, 113
injunctions for non-compliance with	118
issue	111
issued to Crown	147
proceedings not affected by	117
Subject	Section
review of decisions regarding	127–129
service	115
transitional provisions	169
validity	116
See also Provisional improvement notices
Improvement projects	136
Incidents	37–39
Independent contractors
as employers and employees	21, 35
representation by health and safety representatives	44, 48, 58, 59, 69
review of decisions regarding	127–129
Infringements	139–142, 146–148
Injunctions	53, 118
Injuries See Incidents; Serious injuries
Inspectors
appointment	95
assistance for	121–122
definition	5
identity cards	96, 100, 102, 106, 119
impersonation	126
offences against	125
powers, functions regarding
advice on compliance	18
affidavits	123
attendance at workplaces	63, 75, 89
copies, extracts of documents	124
designated work groups	45–46
directions	120
entry and inspection	98–103, 107
entry and search with warrant	104–107
entry powers of authorised representatives	89
health and safety representatives	54
improvement notices	111
incidents	38–39
non-disturbance notices	110
proceedings	130
production of documents	100
prohibition notices	75, 112
provisional improvement notices	63–66
requiring name and address	119
resolution of health and safety issues	75
samples	101
seizure	99
subject to Authority's directions	97
transitional provisions	166–167, 169
use of interpreters by	122
Legal proceedings
adjournment	137
against Crown	146
against successors to public bodies	148
civil proceedings	34
Subject	Section
for offences under old Act	168, 171
limitation period	132
not affected by notices	66, 117
power to bring	130–131
Legal professional privilege	155
Magistrates' Court
jurisdiction, powers, orders regarding
access to workplaces	70
disputes over employees' right to be paid	75
enforcement of undertakings	17
entry permits	83, 85
health and safety representatives	56
injunctions against coercion	53
Manufacturers	29
Medical treatment	37–39
Mines	37–39
Minister
delegation	156
judicial notice	133
powers, functions regarding
authorised representatives	80
Authority	7
compliance codes	7, 149, 151
OHS Advisory Committee	19
reports of requests for approval of persons	11
Non-disturbance notices
cancellation, variation	114
injunctions for non-compliance with	118
issue	110
issued to Crown	147
proceedings not affected by	117
review of decisions regarding	127–129
service	115
validity	116
Notices See Improvement notices; Non-disturbance notices; Prohibition notices; Provisional improvement notices
Occupational Health and Safety Advisory         Committee	5, 19, 82
Offences and penalties
court orders	135–138
civil liability not affected by Part 3 offences	34
infringements	139–142, 146–148
regarding, by
authorised representatives	91–94
bodies corporate	143–144
consultation	35
Crown	146–147
designated work groups	43–44, 48, 53
designers	27–28
disclosure of information	10
discrimination against employees	76–78
Subject	Section
employees' general duties	25
employers	21–23, 35, 38–40, 43–44, 48, 67, 69, 71–73, 76–78, 121
false, misleading information	153
health and safety committees	72
health and safety representatives	67, 69, 71
improvement notices	111, 115
incidents	38–39
inspectors	100, 119–122, 125–126
manufacturers of plant, substances	29
non-compliance with Authority	9
non-disturbance notices	110, 115
partnerships	145
persons who erect, install, commission plant	31
persons who manage, control workplaces	26
prohibition notices	112, 115
provisional improvement notices	60, 62–63, 66
public bodies	148
recklessly endangering persons at workplace	32
seized things	108
self-employed persons	24, 38–40
suppliers of plant, substances	30
unincorporated bodies, associations	145
unlicensed, unregistered places, persons	40
unqualified persons	41–42
single charges for multiple Part 3 offences	33
under old Act, regulations	168, 171, 175
Partnerships
offences by	145
Petroleum (Submerged Lands) Act 1982
responsibility for activities carried out under	157
Plant
commission (def.)	5
definition	5
duties of designers	27
duties of employers	21
duties of manufacturers	29
duties of persons who erect, install, commission	31
duties of suppliers	30
incidents	37–39
unlicensed, unregistered plant	40
Proceedings See Legal proceedings
Prohibition notices
cancellation, variation	114
directions, conditions in	112, 113
injunctions for non-compliance with	118
issue	112
issued to Crown	147
payment of employees while in force	75
proceedings not affected by	117
review of decisions regarding	127–129
Subject	Section
service	115
transitional provisions	169
validity	116
Prosecutions	130–132
Provisional improvement notices
affirmation, cancellation by inspectors	63–66
directions in	61
issue, grounds for	60
issued to Crown	147
non-compliance with	62
proceedings for offences not affected	66
review of decisions regarding	127–129
service	64
validity	65
See also Improvement notices
Public bodies	148
Qualifications	41–42
Registered employee organisations (def.)	5, 79
See also Authorised representatives
Regulations
effect of compliance with	152
made under old Act	172–175
power to make and matters provided for	158
regarding infringements	139
regarding transitional matters	176
Repeals	159
Review	127–129
Samples	101
Search warrants	104–107
Seizure
inspectors' powers	99
return, forfeiture of seized things	108–109
review of decisions regarding seized things	127–129
Self-employed persons
definition	5
duties in general	4, 24
duties regarding incidents	37–39
duties regarding licensing, registration	40
Self-incrimination
protection against	100, 154
Serious injuries	32, 37–39
Structures See Buildings and structures
Substances
definition	5
duties of employers	21
duties of manufacturers	29
duties of suppliers	30
incidents	37–39
unlicensed, unregistered substances	40
Suppliers	30
Subject	Section
Training
authorised representatives	81, 82
health and safety representatives	67–69
Transitional provisions	160–176
Tribunal See Victorian Civil and Administrative Tribunal
Undertakings
Authority's power to accept	16
court orders	136–138
enforcement	17
Unincorporated bodies, associations
offences by	145
Victorian Civil and Administrative Tribunal	129
Victorian WorkCover Authority
functions (general)	7
judicial notice	133
powers (general)	8
powers, functions regarding
adverse publicity orders	135
advice on compliance	18
authorised representatives	82, 85, 88
compliance codes	7
corresponding Authorities	7–8
disclosure of information	10–11
forfeiture	109
guidelines	12–15, 50, 130
health and safety representatives	67
information disseminated by	7
injunctions	118
inspectors	45, 54, 63, 75, 89, 95–97
inspectors' notices	114
obtaining of information, documents	9
OHS Advisory Committee	19
proceedings and prosecutions	130–131
seized things	108–109
undertakings	16–17
review by and of decisions of	127–129
Volunteers	5, 144–145
Workplaces
definition of place, workplace	5
duties of persons who manage, control	26
employees' duties	25
employers' duties	21–22
evidence	134
incidents	37–39
recklessly endangering persons at	32
unlicensed, unregistered workplaces, persons at	40
unqualified persons at	41–42
See also Buildings and structures; Plant