Commonwealth Consolidated Acts

WORK HEALTH AND SAFETY ACT 2011 - SECT 12E

  (1)   Nothing in this Act requires or permits a person to take any action, or to refrain from taking any action, that would be, or could reasonably be expected to be, prejudicial to:

  (a)   an existing or future covert operation of the Australian Federal Police; or

  (b)   an existing or future international operation of the Australian Federal Police.

Note 1:   Under section   12C, this Act does not require or permit a person to take action or refrain from taking action if that action would be, or could reasonably be expected to be, prejudicial to Australia's national security. This might occur, for example, where the Australian Federal Police work in cooperation with an intelligence agency or respond to an imminent terrorist threat.

Note 2:   Under section   12D, this Act does not require or permit a person to take action or refrain from taking action if that action would be, or could reasonably be expected to be, prejudicial to Australia's defence.

  (2)   In this section:

"AFP appointee" has the same meaning as in the Australian Federal Police Act 1979 .

"covert operation" means the performance of a function or service under section   8 of the Australian Federal Police Act 1979 where knowledge of the operation by an unauthorised person, may:

  (a)   reduce the effectiveness of the performance of the function or service; or

  (b)   expose a person to the danger of physical harm or death arising from the actions of another person.

Note:   A covert operation might, for example, include an undercover operation to identify those involved in drug trafficking, but would not include general duties policing.

"international operation" means an operation to maintain order in a foreign country where:

  (a)   because of the environment in which the operation is undertaken, it is not reasonably practicable to eliminate risks to the health and safety of an AFP appointee involved in the operation; and

  (b)   the Commissioner of the Australian Federal Police has taken all steps reasonably practicable to minimise risks to the health and safety of an AFP appointee involved in the operation.

"unauthorised person" in relation to a covert operation, means a person, including an AFP appointee, who is not involved in the approval, planning or execution of the operation.