Western Australian Current Acts Western Australian Current Acts[s. 276]
(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.
11 . Identification of inspectors
(1) Matters relating
to identity cards.
(2) Ways in which
inspectors may identify themselves.
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 or
for the purposes of the regulations; and
(b)
prescribing procedures for internal and external review of decisions under the
regulations; and
(c)
conferring jurisdiction on the Tribunal to conduct reviews under the
regulations.
This is a compilation of the Work Health and Safety Act 2020 and includes
amendments made by other written laws. For provisions that have come into
operation see the compilation table. For provisions that have not yet come
into operation see the uncommenced provisions table.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
36 of 2020 |
10 Nov 2020 |
Pt. 1 (other than Div. 2-5): 10 Nov 2020 (see s. 2(1)(a)); | |
|
Industrial Relations Legislation Amendment Act 2021 Pt. 7 1 |
30 of 2021 |
22 Dec 2021 |
20 Jun 2022 (see s. 2(1)(b) and (2) and SL 2022/79 cl. 2) |
|
Industrial Relations Legislation Amendment Act 2024 s. 160 |
43 of 2024 |
13 Nov 2024 |
31 Jan 2025 (see s. 2(c)) |
To view the text of the uncommenced provisions see Acts as passed on the WA
Legislation website.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
Petroleum Legislation Amendment Act 2024 Pt. 5 Div. 15 |
17 of 2024 |
14 May 2024 |
To be proclaimed (see s. 2(b)) |
1 The Industrial Relations Legislation Amendment
Act 2021 Pt. 7 Div. 1 Subdiv. 2 was deleted when s. 5(2) of that Act came into
operation (see Pt. 7 Div. 2 and SL 2022/18 cl. 2).
Defined terms
[This is a list of terms defined and the provisions where they
are defined. The list is not part of the law.]
Defined term Provision(s)
A
272A(3)
adverse publicity order 236(1)
another work group 69(3)
appointed member
Sch. 1 cl. 9
approved code of practice
4
assault 190(1)
assistant
166(1), 167D(1)
authorisation function
45A(1)
authorisation provision
45A(1)
authorised 4, 40
automated decision
45C(1)
Category 1 offence 4
Category 2 offence 4
Category 3 offence
4
cease work under this Division
83
Chief Commissioner Sch. 1 cl. 26
chief
executive 4
Chief Inspector of Mines
4
Chief Inspector Petroleum Safety 4
commencement day 373
Commission
Sch. 1 cl. 9 and 22
Commissioner
406(1)
commissioner Sch. 1 cl. 26
Committee
Sch. 1 cl. 22
compliance period
194(4)
compliance powers 4
condition
4
conduct 30, 229C, 244(1),
244H(1)
construct 4
continue to apply
373
continuing authorisation
376(6)
corresponding regulator 4
corresponding WHS
law 4
court-ordered WHS undertaking
239(1)
covert operation 4
Crown
agency 4
dangerous incident
4, 37
dangerous operation 4
demolition
4
design 4
designer
22(1)
device 167C(1)
disclose 4
discriminatory conduct
4, 105(1) and (2)
document 4
DPP
229C
due diligence
27(5)
eligible person 4, 112(6), 223(1) and (3)
employee Sch. 1 cl. 31(1)
employer
Sch. 1 cl. 31(1)
employer organisation
4
external review 229(1)
handling
4
health 4
health and safety
duty 4, 30
health and safety representative
4
import 4
importer
24(1)
indemnify 272A(1)
industrial manslaughter 4
inspector
4
insurance policy 272A(1)
internal
review 224(1)
internal reviewer
4
IR entry authority 4
levy period
425(1)
levy
regulations 423(1)
listed OSH law
412(1), 413(1), 414(1)
local government member
4
lock-up 103(1)
manufacturer
23(1)
medical practitioner
36(2)
mining and petroleum industry Sch. 1 cl. 22
MSIA 373
non-petroleum repealed enactment
390(1)
notice 202, 244G(1)
notifiable incident 4, 35
offender
234
officer 4, 4A(1)
original
warrant 167A(3)
OSHA
373
OSH Tribunal 416(1)
parties
80(1)
PCBU 30A(3)
person conducting
a business or undertaking 4
person entitled
179(9), 180(4), 223(5)
person with management or control
of a workplace 20(1)
person with management or
control of fixtures, fittings or plant at a workplace
21(1)
petroleum repealed enactment 390(1)
PGERA 373
place 8(2)
place of seizure 177(1)
plant
4
PPA 373
prescribed time
224(3)
prison 103(1)
prisoner
103(1)
prohibited reason 4,
106
prohibition notice 195(3)
prosecution
proceedings 244D(1)
provide
4
P(SL)A 373
public corporation
4
quarter 423(1)
reasonably
practicable 4, 18
regulator
4
related thing 45B(1)
relevant matter
Sch. 1 cl. 30(1)
relevant person conducting a
business or undertaking 164(4)
relevant procedure
405(1)
relevant use
26A(1)
relevant work group 69(1)
remote
communication 166A(1)
remuneration
4
repealed enactment 385(1), 388(1),
393(1), 395(1), 396, 401, 408(1)
representative 4
responsible agency 244C(1)
reviewable decision
4
reviewable decisions
223(1)
safety and health magistrate 417(1)
safety
and health offence 417(1)
serious harm
30, 31(3)
serious injury or illness
4, 36(1)
services 26A(1)
specified
376(1)
started 391
State coal
mining engineer 407(1)
State mining engineer
407(1)
strata company
5(10)
structure 4
substance
4
successor in law 244E(1)
supplier
25(1), 393(1)
supply 4, 6(1),
393(1)
transitional matter 376(1)
transitional
regulations 373
Tribunal
4
union 4
use
26A(1)
volunteer 4
volunteer association
5(10)
WAIRC Sch. 1 cl. 26
WA
Police 4
WHS authority
4
WHS department 4
WHS service provider
26A(2)
WHS services 26A(1)
WHS undertaking 4, 216(1)
witness
155A(5)
worker 4, 7(1) and (3)
work
group 4
Work Health and Safety Commission
4
workplace 4, 8(1)
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.
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