OCCUPATIONAL HEALTH AND SAFETY ACT 2004
Table of Provisions
PART 1--PRELIMINARY
- 1 Purposes
- 2 Objects
- 3 Commencement
- 4 The principles of health and safety protection
- 5 Definitions
- 5A Extended definition of employer and employee—labour hire
- 6 Act binds the Crown
PART 2--THE AUTHORITY
Division 1--General functions and powers
Division 1A--Use of information
- 8AA Use of information
Division 2--Power to obtain information
- 9 Power to obtain information
- 10 Restrictions on disclosure of information
- 11 Circumstances in which information may be disclosed
Division 3--Power to make guidelines
- 12 Power to make guidelines
- 13 How guidelines are made
- 14 Withdrawal of guidelines
- 15 Guidelines do not affect rights and duties etc.
Division 4--Power to accept undertakings relating to contraventions
Division 5--Power to give advice on compliance
- 18 Power to give advice on compliance
Division 6--Occupational Health and Safety Advisory Committee
PART 3--GENERAL DUTIES RELATING TO HEALTH AND SAFETY
Division 1--The concept of ensuring health and safety
Division 2--Main duties of employers
- 21 Duties of employers to employees
- 22 Duties of employers to monitor health and conditions etc.
- 23 Duties of employers to other persons
Division 3--Duties of self-employed persons
- 24 Duties of self-employed persons to other persons
Division 4--Duties of employees
Division 5--Duties of other persons
- 26 Duties of persons who manage or control workplaces
- 27 Duties of designers of plant
- 28 Duties of designers of buildings or structures
- 29 Duties of manufacturers of plant or substances
- 30 Duties of suppliers of plant or substances
- 31 Duties of persons installing, erecting or commissioning plant
- 32 Duty not to recklessly endanger persons at workplaces
Division 6--Other matters
- 33 Single charge for multiple contraventions of certain duties
- 34 Civil liability not affected by this Part
PART 4--DUTY OF EMPLOYERS TO CONSULT
- 35 Duty of employers to consult with employees
- 35A Duty to consult with other employers in relation to duties relating to labour hire
PART 5--DUTIES RELATING TO INCIDENTS
- 37 Incidents to which this Part applies
- 38 Duty to notify of incidents
- 39 Duty to preserve incident sites
PART 5A--WORKPLACE MANSLAUGHTER
Division 1--Preliminary
- 39A Objects of Part 5A
- 39B Definitions
- 39C What does conduct mean?
- 39D When may conduct constitute a breach of an applicable duty?
- 39E When is conduct negligent?
- 39F When does a person owe an applicable duty to another person?
Division 2--Offences
PART 6--LICENCES, REGISTRATION, PERMITS AND OTHER REQUIREMENTS
- 40 Requirements for licence or registration
- 41 Requirements for prescribed qualifications or experience
- 42 Requirements for permit or certificate of competency
PART 7--REPRESENTATION OF EMPLOYEES
Division 1--Grouping of employees
- 43 Establishment of designated work groups
- 44 Negotiation of agreement concerning designated work groups
- 45 Determination by inspector of unresolved particulars
- 46 Matters to be taken into account
Division 2--Grouping of employees of multiple employers
- 47 Establishment of designated work groups of multiple employers
- 48 Negotiation of agreement for designated work groups of multiple employers
- 49 Matters to be taken into account
- 50 Guidelines for negotiations involving multiple employers
- 51 Withdrawal from negotiations or agreement involving multiple employers
- 52 Effect of Division on other arrangements
Division 3--Prohibition on coercion relating to designated work groups
- 53 Prohibition on coercion
Division 4--Health and safety representatives
- 54 Election of health and safety representatives
- 55 Term of office
- 56 Disqualification of health and safety representatives
- 57 Deputy health and safety representatives
Division 5--Powers of health and safety representatives
- 58 Powers of health and safety representatives
- 59 Powers generally limited to the particular designated work group
- 60 Provisional improvement notices
- 61 Provisional improvement notices may include directions
- 62 Offence to contravene a provisional improvement notice
- 63 Attendance of inspector at workplace after issue of provisional improvement notice
- 64 Issue etc. of provisional improvement notice or inspector's notice
- 65 Formal irregularities or defects in provisional improvement notices
- 66 Proceedings for offences not affected by notices
Division 6--Obligations of employers to health and safety representatives
- 67 Obligation to train health and safety representatives
- 68 Obligation to share costs if multiple employers
- 69 Other obligations of employers to health and safety representatives
- 70 Obligation to persons assisting health and safety representatives
- 71 Obligation to keep list of health and safety representatives
Division 7--Health and safety committees
Division 8--Resolution of health and safety issues
- 73 Resolution of health and safety issues
- 74 Direction to cease work
- 75 Inspector may be required to attend workplace
Division 9--Discrimination against employees or prospective employees
- 76 Prohibition on discrimination
- 77 Accused bears onus of proof
- 78 Order for damages or reinstatement
- 78A Prohibition of discriminatory conduct
- 78B Prohibited reasons
- 78C Prohibition of authorising or assisting discriminatory conduct
- 78D Civil action for discriminatory conduct
- 78E Procedure for actions for discriminatory conduct
PART 8--AUTHORISED REPRESENTATIVES OF REGISTERED EMPLOYEE ORGANISATIONS
Division 1--Definitions
Division 2--Entry permits
- 80 Limit on number of entry permits held by authorised representatives
- 81 Who may hold an entry permit
- 82 Courses of training for authorised representatives
- 83 Issue of entry permits
- 84 Expiry of entry permits
- 85 Revocation and disqualification
- 86 Return of expired or revoked entry permits
Division 3--Entry by authorised representatives
- 87 Entry powers of authorised representatives
- 88 Announcement on entry
- 89 Powers on entry
- 90 Limitations on exercise of powers
Division 4--Offences relating to authorised representatives
- 91 Offences by authorised representatives
- 92 Loss or damage caused by authorised representative
- 93 Offence to obstruct etc. authorised representative
- 94 Offence to impersonate authorised representative
PART 9--INSPECTORS AND ENFORCEMENT
Division 1--Appointment of inspectors
- 95 Appointment of inspectors
- 96 Identity cards
Division 2--Performance of functions or exercise of powers
- 97 Inspectors subject to Authority's directions
Division 3--Powers relating to entry
- 98 Power to enter
- 99 General powers on entry
- 100 Power to require production of documents and answers to questions
- 101 Power to take samples
Division 4--Procedure relating to entry
Division 5--Search warrants
- 104 Issue of search warrants
- 105 Announcement before entry on warrant
- 106 Copy of warrant to be given to occupier
Division 6--Limitation on entry powers
Division 7--Return and forfeiture of seized things
Division 8--Powers to issue notices
- 110 Power to issue non-disturbance notice
- 111 Power to issue improvement notice
- 112 Power to issue prohibition notice
- 113 Directions or conditions in notices
- 114 Variation or cancellation of notices
- 115 Issue of notices
- 116 Formal irregularities or defects in notices
- 117 Proceedings for offences not affected by notices
- 118 Injunctions for non-compliance with notices
Division 9--Other powers
Division 10--Other matters
- 121 Persons who must assist inspector
- 122 Other assistance in exercising powers
- 123 Inspector may take affidavits
- 124 Inspector may copy documents
Division 11--Offences
PART 9A--WORKPLACE INCIDENTS CONSULTATIVE COMMITTEE
PART 10--REVIEW OF DECISIONS
- 127 Which decisions are reviewable
- 128 Internal review
- 128A Requests for further information
- 129 Review by the Tribunal
PART 11--LEGAL PROCEEDINGS
Division 1--General matters
- 130 Proceedings may be brought by the Authority or inspectors
- 131 Procedure if prosecution is not brought
- 132 Limitation period for prosecutions
- 133 Judicial notice of Minister's signature etc.
- 134 Evidence of certain matters
Division 2--Sentencing for offences
- 135 Adverse publicity orders
- 136 Orders to undertake improvement projects
- 137 Release on the giving of a health and safety undertaking
- 138 Variation or contravention of orders under section 137
Division 3--Infringement notices
- 139 Infringement notices
Division 4--Offences by bodies corporate
Division 5--Offences by partnerships and unincorporated bodies or associations
- 145 Liability of officers of partnerships and unincorporated bodies or associations
Division 6--Proceedings against the Crown
- 146 Responsible agency for the Crown
- 147 Infringement and other notices may be issued to the Crown
- 148 Proceedings against successors to public bodies
PART 11A--INSURANCE AND INDEMNITY FOR PECUNIARY PENALTIES PROHIBITED
- 148A Certain insurance and indemnity arrangements void
- 148B Prohibition on insurance and indemnity for pecuniary penalties
PART 12--COMPLIANCE CODES
- 149 Compliance codes
- 150 Effect of compliance codes
- 151 Disallowance of certain compliance code orders
PART 13--OTHER MATTERS
- 151A Contributions by non-WorkCover employers to the WorkCover Authority Fund
- 151B Provision of return by non-WorkCover employers
- 151C Authority may require non-WorkCover employer to provide further information
- 151D Authority may require information from non-WorkCover employers
- 151E Authority may require non-WorkCover employer to facilitate the provision of information
- 151F Application of sections 151A to 151E
- 152 Effect of compliance with regulations or compliance codes
- 153 Offence to give false or misleading information
- 154 Protection against self-incrimination
- 155 Legal professional privilege and client legal privilege not affected
- 156 Delegation by the Minister
- 157 Responsibility for activities carried out under the Offshore Petroleum and Greenhouse Gas Storage Act
- 158 Regulations
PART 14--REPEAL OF OLD ACT AND TRANSITIONAL PROVISIONS
Division 1--Repeal of Occupational Health and Safety Act 1985
- 159 Repeal
Division 2--Transitional provisions
- 160 Definition of old Act
- 161 No effect on Interpretation of Legislation Act 1984
- 162 Limitation on duties of designers of buildings or structures
- 163 Continuation of designated work groups
- 164 Continuation of health and safety representatives
- 165 Continuation of health and safety committees
- 166 Continuation of inspectors
- 167 Inspectors' powers relating to offences committed before commencement
- 168 Use of codes of practice in proceedings
- 169 Treatment of improvement notices, prohibition notices and certain directions
- 170 Things done under the old Act
- 171 Proceedings for offences against old Act
Division 1--of Part 11 applies to proceedings for an offence against the old Act that are commenced on or after the commencement of this Part.
- 172 Continuation of certain regulations
- 173 Occupational Health and Safety (Asbestos) Regulations 2003
- 174 Occupational Health and Safety (Major Hazard Facilities) Regulations 2000
- 175 Offences against certain regulations
- 176 Regulations dealing with transitional matters
- 177 Proceedings for contravention of section 78A or 78C
PART 15--TRANSITIONAL PROVISIONS
Division 1--WorkSafe Legislation Amendment Act 2017
- 178 Definitions
- 179 Amendment of section 16 (Authority may accept undertakings)
- 180 Amendment of section 38 (Duty to notify incidents)
- 181 Amendment of section 39 (Duty to preserve incident sites)
- 182 Amendment of section 64 (Service of provisional improvement notice or inspector's notice)
- 183 Amendment of section 100 (Power to require production of documents etc.)
- 184 Amendment of section 115 (Service of notices)
- 185 Amendment of section 132 (Limitation period for prosecutions)
- 186 Amendment of section 153 (Offence to give false or misleading information)
Division 2--Workplace Safety Legislation Amendment (Workplace Manslaughter and Other Matters) Act 2019
Division 3--Crimes Amendment (Manslaughter and Related Offences) Act 2020
- 188 Amendment of section 39G (Workplace manslaughter) ENDNOTES