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This is a Bill, not an Act. For current law, see the Acts databases.
OCCUPATIONAL HEALTH AND SAFETY AMENDMENT BILL 2007
2007
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Industrial Relations)
Contents
Page
Part
1.1 Dangerous Substances Act
2004 8
Part 1.2 Public
Sector Management Act 1994 9
2007
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Industrial Relations)
Occupational Health
and Safety Amendment Bill 2007
A Bill for
An Act to amend the
Occupational Health and
Safety Act 1989, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Occupational Health and Safety Amendment
Act 2007.
This Act commences on the day after its notification day.
Note The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
This Act amends the Occupational Health and Safety Act
1989.
Note This Act also amends the following legislation (see sch
1):
• Dangerous Substances Act 2004
• Public Sector Management Act 1994.
4 FunctionsSection
12 (1) (a) (iii) and (b) (iii)
omit
5 Section
12 (1), new note
insert
Note A provision of a law that gives an entity (including a person)
a function also gives the entity the powers necessary and convenient to exercise
the function (see Legislation Act, s 196 (1) and dict, pt 1, defs of
entity and function).
6 Section
12 (2) (g), (h) and (i)
substitute
(g) the provision of education and training in relation to workers
compensation.
omit
8 MembershipSection
14 (1) (c)
substitute
(c) 4 other members appointed by the Minister; and
9 Section
14 (1), new notes
insert
Note 1 For the making of appointments (including acting
appointments), see the Legislation Act, pt 19.3.
Note 2 In particular, a person may be appointed for a particular
provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made
by naming a person or nominating the occupant of a position (see Legislation
Act, s 207).
Note 3 Certain Ministerial appointments require consultation with an
Assembly committee and are disallowable (see Legislation Act,
div 19.3.3).
omit
substitute
15 Terms of appointment
(1) The appointed members of the council must be appointed as part-time
members.
(2) An appointed member of the council must be appointed for not longer
than 3 years.
Note A person may be reappointed to a position if the person is
eligible to be appointed to the position (see Legislation Act, s 208 and dict,
pt 1, def of appoint).
(3) An appointed member of the council holds office on the conditions (if
any) about matters not provided for by this Act that are determined in writing
by the Minister.
16 Appointment of chair and deputy
chair
The Minister must appoint a member of the council appointed under section
14 (1) (c) as chair of the council and another member as deputy chair of the
council.
17 Leave of absence
(1) The Minister may grant leave of absence to the chair or deputy chair
on the conditions (if any) about remuneration or other matters that the Minister
determines.
(2) The council may grant leave of absence to a member (other than the
chair or deputy chair) on the conditions (if any) about remuneration or other
matters that the council determines.
omit
substitute
20 Ending appointment of council
member
(1) This section applies to a member of the council other than the
commissioner.
(2) The Minister must end the appointment of a member of the council if
the Minister becomes aware that the member—
(a) has become bankrupt or executed a personal insolvency agreement;
or
(b) has failed to comply with section 18 (Disclosure of interest) without
reasonable excuse; or
(c) has at any time been convicted, in Australia, of an offence punishable
by imprisonment for 1 year or longer; or
(d) has at any time been convicted, outside Australia, of an offence that,
if it had been committed in the ACT, would be punishable by imprisonment for 1
year or longer.
(3) However, before ending the appointment of the member under subsection
(2) (c) or (d) the Minister must be satisfied that the conviction affects the
member’s suitability as a member of the council.
(4) The Minister may end the appointment of a member of the
council—
(a) if the member was appointed under section 14 (1) (a) and the Minister
is satisfied that the member no longer represents the interests of employees;
or
(b) if the member was appointed under section 14 (1) (b) and the Minister
is satisfied that the member no longer represents the interests of employers;
or
(c) if the member is absent from 3 consecutive meetings of the council,
otherwise than on leave approved under section 17; or
(d) if the member contravenes a territory law; or
(e) for misbehaviour; or
(f) for physical or mental incapacity, if the incapacity substantially
affects the exercise of the member’s functions.
Note A person’s appointment also ends if the person resigns
(see Legislation Act, s 210).
14 Acting
membersSection 21
omit
15 Calling
meetingsSection 22 (1) and
(2)
omit
chairperson
substitute
chair
16 Procedure
at meetingsSection 23 (1), (2) and
(3)
omit
chairperson
substitute
chair
17 Immunity
from suitSection 24
(1)
substitute
(1) An action, suit or proceeding does not lie against a person who is or
has been a member of the council in relation to an honest act or omission in the
exercise or purported exercise of a function under this Act.
18 Failure
to comply with safety duty––exposing people to substantial risk of
serious harmNew section 48
(3)
insert
(3) Strict liability applies to subsection (1) (b).
19 Failure
to comply with safety duty––causing serious harm to
peopleNew section 49
(3)
insert
(3) Strict liability applies to subsection (1) (b).
20 Dictionary,
definition of chairperson
substitute
chair means the chair of the council appointed under section
16.
21 Dictionary,
definition of deputy chairperson
substitute
deputy chair means the deputy chair of the council appointed
under section 16.
Schedule
1 Other
amendments
(see s 3)
Part
1.1 Dangerous Substances Act
2004
insert
(3) Strict liability applies to subsection (1) (b).
insert
(3) Strict liability applies to subsection (1) (b).
insert
(3) Strict liability applies to subsection (1) (b).
insert
(3) Strict liability applies to subsection (1) (b).
Part
1.2 Public Sector Management Act
1994
[1.5] Schedule
3, modification 3.17, new section 88L
omit
[1.6] Schedule
3, modification 3.17, new section 88M (1)
omit
A member of the council
substitute
The chief executive
[1.7] Schedule
3, modification 3.17, new section 88Q (1) (b)
omit
council’s
substitute
chief executive’s
[1.8] Schedule
3, modification 3.17, new section 88S
omit
[1.9] Schedule
3, modification 3.17, new part 5A, further amendments, mentions of
council
omit
council
substitute
chief executive
in
• sections 88B to 88D
• section 88E heading
• sections 88E to 88K
• section 88LA and note
• section 88M (1) (2nd mention) and (2)
• sections 88Q and 88R
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2007.
2 Notification
Notified under the Legislation Act on 2007.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2007
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