WORK HEALTH AND SAFETY ACT 2011

Australian Capital Territory Current Acts

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WORK HEALTH AND SAFETY ACT 2011

TABLE OF PROVISIONS

Long Title

PART 1--PRELIMINARY

Division 1.1--Introduction

1. Name of Act

Division 1.2--Object

3. Object

Division 1.3--Interpretation

Subdivision 1.3.1--Definitions

4. Definitions

Subdivision 1.3.2--Other important terms

5. Meaning of person conducting a business or undertaking
6. Meaning of supply
7. Meaning of worker
8. Meaning of workplace
9. Examples and notes

Division 1.4--Application of Act

10. Act binds the Crown
11. Extraterritorial application
12. Scope
12AA. Application of Act to dangerous goods and high risk
12A. Offences are offences of strict liability
12B. Offences against Act—application of Criminal Code etc

PART 2--HEALTH AND SAFETY DUTIES

Division 2.1--Introductory

Subdivision 2.1.1--Principles that apply to duties

13. Principles that apply to duties
14. Duties not transferrable
15. Person may have more than 1 duty
16. More than 1 person can have a duty
17. Management of risks

Subdivision 2.1.2--What is reasonably
practicable

18. What is reasonably practicable in ensuring health and

Division 2.2--Primary duty of care

19. Primary duty of care

Division 2.3--Further duties of persons conducting businesses or undertakings

20. Duty of persons conducting businesses or undertakings involving management or control
21. Duty of persons conducting businesses or undertakings involving management or control
22. Duties of persons conducting businesses or undertakings that design plant, substances
23. Duties of persons conducting businesses or undertakings that manufacture plant,
24. Duties of persons conducting businesses or undertakings that import plant, substances
25. Duties of persons conducting businesses or undertakings that supply plant, substances
26. Duty of persons conducting businesses or undertakings that install, construct or

Division 2.4--Duty of officers, workers and other persons

27. Duty of officers
28. Duties of workers
29. Duties of other persons at the workplace

Division 2.5--Offences and penalties

30. Health and safety duty
31. Negligence or reckless conduct—category 1
32. Failure to comply with health and safety duty—category 2
33. Failure to comply with health and safety duty—category 3
34. Exceptions

Division 2.6--Industrial manslaughter

34A. Industrial manslaughter
34B. Alternative verdict for industrial manslaughter

PART 3--INCIDENT NOTIFICATION

35. What is a notifiable incident
36. What is a serious injury or illness—pt 3
37. What is a dangerous incident—pt 3
37A. What is a sexual assault incident—pt 3
38. Duty to notify of notifiable incidents
39. Duty to preserve incident sites

PART 4--AUTHORISATIONS

40. Meaning of authorised—pt 4
41. Requirements for authorisation of workplaces
42. Requirements for authorisation of plant or substance
43. Requirements for authorisation of work
44. Requirements for prescribed qualifications or experience
45. Requirement to comply with conditions of authorisation

PART 5--CONSULTATION, REPRESENTATION AND PARTICIPATION

Division 5.1--Consultation, cooperation and coordination between duty-holders

46. Duty to consult with other duty-holders

Division 5.2--Consultation with workers

47. Duty to consult workers
48. Nature of consultation
49. When consultation is required

Division 5.3--Health and safety representatives

Subdivision 5.3.1A--Definitions

49A. Meaning of major construction project—pt 5
49B. Meaning of principal contractor—pt 5
49C. Meaning of eligible union—div 5.3

Subdivision 5.3.1--Request for election of health and safety
representatives

50. Request for election of health and safety representative
50A. Consultation with eligible unions—major construction project
50B. Exemption from certain requirements under this part
50C. Election of health and safety representatives—major construction

Subdivision 5.3.2--Determination of work groups

51. Determination of work groups
52. Negotiations for agreement for work group
53. Notice to workers
54. Failure of negotiations

Subdivision 5.3.3--Multiple-business work groups

55. Determination of work groups of multiple businesses
56. Negotiation of agreement for work groups of multiple businesses
57. Notice to workers
58. Withdrawal from negotiations or agreement involving multiple
59. Effect of subdivision on other arrangements

Subdivision 5.3.4--Election of health and safety representatives

60. Eligibility to be elected
61. Procedure for election of health and safety representatives
62. Eligibility to vote
63. When election not required
64. Term of office of health and safety representative
65. Disqualification of health and safety representatives
66. Immunity of health and safety representatives
67. Deputy health and safety representatives

Subdivision 5.3.5--Powers and functions of health and safety
representatives

68. Powers and functions of health and safety representatives
69. Powers and functions generally limited to the particular work

Subdivision 5.3.6--Obligations of person conducting business or undertaking to health and
safety representatives

70. General obligations of person conducting business or undertaking
71. Exceptions from obligations under s 70 (1)
72. Obligation to train health and safety representatives
72A. Obligation to train health and safety representatives—major construction
73. Obligation to share costs if multiple businesses or undertakings
74. List of health and safety representatives

Division 5.4--Health and safety committees

75. Health and safety committees
76. Constitution of committee
77. Functions of committee
78. Meetings of committee
79. Duties of person conducting business or undertaking
79A. Obligation to train health and safety committee members—major construction

Division 5.5--Issue resolution

80. Parties to an issue
81. Resolution of health and safety issues
82. Referral of issue to regulator for resolution by inspector

Division 5.6--Right to cease or direct cessation of unsafe work

83. Definition of cease work under this division
84. Right of worker to cease unsafe work
85. Health and safety representative may direct that unsafe work cease
86. Worker to notify if ceases work
87. Alternative work
88. Continuity of engagement of worker
89. Request to regulator to appoint inspector to assist

Division 5.7--Provisional improvement notices

90. Provisional improvement notices
91. Provisional improvement notice to be in writing
92. Contents of provisional improvement notice
93. Provisional improvement notice may give directions to remedy
94. Minor changes to provisional improvement notice
95. Issue of provisional improvement notice
96. Health and safety representative may cancel notice
97. Display of provisional improvement notice
98. Formal irregularities or defects in notice
99. Offence to contravene a provisional improvement notice
100. Request for review of provisional improvement notice
101. Regulator to appoint inspector to review notice
102. Decision of inspector on review of provisional improvement notice

Division 5.8--Part not to apply to prisoners

103. Part does not apply to prisoners

PART 6--DISCRIMINATORY, COERCIVE AND MISLEADING CONDUCT

Division 6.1--Prohibition of discriminatory, coercive or misleading conduct

104. Prohibition of discriminatory conduct
105. What is discriminatory conduct
106. What is a prohibited reason
107. Prohibition of requesting, instructing, inducing, encouraging, authorising or assisting
108. Prohibition of coercion or inducement
109. Misrepresentation

Division 6.2--Criminal proceedings in relation to discriminatory conduct

110. Proof of discriminatory conduct
111. Order for compensation or reinstatement

Division 6.3--Civil proceedings in relation to discriminatory or coercive conduct

112. Civil proceedings in relation to engaging in or inducing discriminatory or coercive
113. Procedure for civil actions for discriminatory conduct

Division 6.4--General

114. General provisions relating to orders
115. Prohibition of multiple actions

PART 7--WORKPLACE ENTRY BY WHS ENTRY PERMIT-HOLDERS

Division 7.1--Introductory

116. Definitions—pt 7

Division 7.2--Entry to inquire into suspected contraventions

117. Entry to inquire into suspected contraventions
118. Rights that may be exercised while at workplace
118A. Notice of exercise of right under s 118 (1) (da)
119. Notice of entry
120. Entry to inspect employee records or information held by another

Division 7.3--Entry to consult and advise workers

121. Entry to consult and advise workers
122. Notice of entry

Division 7.4--Requirements for WHS entry permit-holders

123. Contravening WHS entry permit conditions
124. WHS entry permit-holder must also hold permit under other law
125. WHS entry permit to be available for inspection
126. When right may be exercised
127. Where the right may be exercised
128. Work health and safety requirements
129. Residential premises
130. WHS entry permit-holder not required to disclose names of

Division 7.5--WHS entry permits

131. Application for WHS entry permit
132. Consideration of application
133. Eligibility criteria
134. Issue of WHS entry permit
135. Conditions on WHS entry permit
136. Term of WHS entry permit
137. Expiry of WHS entry permit
138. Application to revoke WHS entry permit
139. Regulator must permit WHS entry permit-holder to show cause
140. Determination of application

Division 7.6--Dealing with disputes

141. Application for assistance of inspector to resolve dispute
142. Regulator may deal with a dispute about a right of entry under this
143. Contravening order made to deal with dispute

Division 7.7--Prohibitions

144. Person must not refuse or delay entry of WHS entry permit-holder
145. Person must not hinder or obstruct WHS entry permit-holder
146. WHS entry permit-holder must not delay, hinder or obstruct any person or disrupt
147. Misrepresentations about things authorised by this part
148. Unauthorised use or disclosure of information or documents

Division 7.8--General

149. Return of WHS entry permits
150. Union to provide information to regulator
151. Register of WHS entry permit-holders

PART 8--THE REGULATOR

Division 8.1--Functions of regulator

152. Functions of regulator
153. Powers of regulator
154. Delegation by regulator

Division 8.2--Powers of regulator to obtain information

155. Powers of regulator to obtain information

PART 9--SECURING COMPLIANCE

Division 9.1--Appointment of inspectors

156. Appointment of inspectors
157. Identity cards
158. Accountability of inspectors
159. Suspension and ending of appointment of inspectors

Division 9.2--Functions and powers of inspectors

160. Functions and powers of inspectors
161. Conditions on inspectors' compliance powers
162. Inspectors subject to regulator's directions

Division 9.3--Powers relating to entry

Subdivision 9.3.1--General powers of entry

163. Powers of entry
164. Notification of entry
165. General powers on entry
166. Persons assisting inspectors

Subdivision 9.3.2--Search warrants

167. Search warrants
167A. Warrants—application made other than in person
168. Announcement before entry on warrant
169. Copy of warrant to be given to person with management or control of
169A. Occupier entitled to be present during search etc

Subdivision 9.3.3--Limitation on entry powers

170. Places used for residential purposes

Subdivision 9.3.4--Specific powers on entry

171. Power to require production of documents and answers to questions
172. Abrogation of privilege against self-incrimination
173. Warning to be given
174. Powers to copy and retain documents
175. Power to seize evidence etc
176. Inspector's power to seize dangerous workplaces and things
177. Powers supporting seizure
178. Receipt for seized things
179. Forfeiture of seized things
180. Return of seized things
181. Access to seized things

Division 9.4--Damage and compensation

182. Damage etc to be minimised
183. Inspector to give notice of damage
184. Compensation

Division 9.5--Other matters

185. Power to require name and address
186. Inspector may take affidavits
187. Attendance of inspector at coronial inquests

Division 9.6--Offences in relation to inspectors

188. Offence to hinder or obstruct inspector
189. Offence to impersonate inspector
190. Offence to assault, threaten or intimidate inspector

PART 10--ENFORCEMENT MEASURES

Division 10.1--Improvement notices

191. Issue of improvement notices
192. Contents of improvement notices
193. Compliance with improvement notice
194. Extension of time for compliance with improvement notices

Division 10.2--Prohibition notices

195. Power to issue prohibition notice
196. Contents of prohibition notice
197. Compliance with prohibition notice

Division 10.2A--Prohibited asbestos notices

197A. Definitions—div 10.2A
197B. Issue of prohibited asbestos notice
197C. Contents of prohibited asbestos notice
197D. Compliance with prohibited asbestos notice
197E. Extension of time for compliance with prohibited asbestos notice

Division 10.3--Non-disturbance notices

198. Issue of non-disturbance notice
199. Contents of non-disturbance notice
200. Compliance with non-disturbance notice
201. Issue of subsequent notices

Division 10.4--General requirements applying to notices

202. Application—div 10.4
203. Notice to be in writing
204. Directions in notices
205. Recommendations in notice
206. Changes to notice
207. Regulator may vary or cancel notice
208. Formal irregularities or defects in notice
209. Issue and giving of notice
210. Display of notice

Division 10.5--Remedial action

211. When regulator may carry out action
212. Power of the regulator to take other remedial action
213. Costs of remedial or other action

Division 10.6--Injunctions

214. Application—div 10.6
215. Injunction for noncompliance with notice

PART 11--ENFORCEABLE UNDERTAKINGS

216. Regulator may accept WHS undertakings
217. Notice of decision and reasons for decision
218. When a WHS undertaking is enforceable
219. Compliance with WHS undertaking
220. Contravention of WHS undertaking
221. Withdrawal or variation of WHS undertaking
222. Proceeding for alleged contravention

PART 12--REVIEW OF DECISIONS

Division 12.1--Reviewable decisions

223. Which decisions are reviewable

Division 12.2--Internal review

224. Application for internal review
225. Internal reviewer
226. Decision of internal reviewer
227. Decision on internal review
228. Stays of reviewable decisions on internal review

Division 12.3--External review

229. Application for external review

PART 13--LEGAL PROCEEDINGS

Division 13.1--General matters

230. Prosecutions
231. Procedure if prosecution is not brought
232. Limitation period for prosecutions
233. Multiple contraventions of health and safety duty provision

Division 13.2--Sentencing for offences

234. Application—div 13.2
235. Orders generally
236. Adverse publicity orders
237. Orders for restoration
238. Work health and safety project orders
239. Release on the giving of a court-ordered WHS undertaking
240. Injunctions
241. Training orders
242. Offence to fail to comply with order

Division 13.3--Infringement notices

243. Infringement notices

Division 13.4--Offences by bodies corporate

244. Definitions—div 13.4
244A. Physical elements
244B. Fault elements other than negligence
244BA. Negligence
244C. Mistake of fact
244D. Failure to take reasonable precautions
244E. How this division applies to public authorities

Division 13.5--The Territory

245. Offences and the Territory
246. WHS civil penalty provisions and the Territory
247. Officers
248. Responsible agency for the Territory

Division 13.6--Public authorities

249. Application to public authorities that are bodies corporate
250. Proceedings against public authorities
251. Imputing conduct to public authorities
252. Officer of public authority
253. Proceedings against successors to public authorities

Division 13.7--WHS civil penalty provisions

254. When is a provision a WHS civil penalty provision
255. Proceedings for contravention of WHS civil penalty provision
256. Involvement in contravention treated in same way as actual
257. Contravening a civil penalty provision is not an offence
258. Civil proceeding rules and procedure to apply
259. Proceeding for a contravention of a WHS civil penalty provision
260. Proceeding may be brought by the regulator or an inspector
261. Limitation period for WHS civil penalty proceedings
262. Recovery of a monetary penalty
263. Civil double jeopardy
264. Criminal proceedings during civil proceedings
265. Criminal proceedings after civil proceedings
266. Evidence given in proceedings for contravention of WHS civil penalty provision not

Division 13.8--Civil liability not affected by this Act

267. Civil liability not affected by this Act

PART 14--GENERAL

Division 14.1--General provisions

268. Offence to give false or misleading information
269. Act does not affect legal professional privilege
270. Immunity from liability
271. Confidentiality of information
271A. Additional ways that regulator may use and share information
272. No contracting out
272A. No insurance or other indemnity against penalties
272B. Liability of officers for offences by body corporate under
273. Person not to levy workers
273A. Relationship with Legislative Assembly

Division 14.2--Codes of practice

274. Approved codes of practice
275. Use of codes of practice in proceedings

Division 14.3--Regulation-making power, forms and fees

276. Regulation-making powers
277. Approved forms
278. Determination of fees
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
DICTIONARY
ENDNOTES

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