New South Wales Consolidated Acts

WORK HEALTH AND SAFETY ACT 2011

- As at 16 September 2024 
- Act 10 of 2011 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

           Division 1 - Introduction

   1.      Name of Act
   2.      Commencement

           Division 2 - Object

   3.      Object

           Division 3 - Interpretation

              Subdivision 1 - Definitions

   4.      Definitions

              Subdivision 2 - Other important terms

   4A.     (Repealed)
   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 4 - Application of Act

   10.     Act binds the Crown
   11.     Extraterritorial application
   12.     Scope
   12A.    Offences are offences of strict liability

   PART 2 - HEALTH AND SAFETY DUTIES

           Division 1 - Introductory

              Subdivision 1 - Principles that apply to duties

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

              Subdivision 2 - What is reasonably practicable

   18.     What is "reasonably practicable" in ensuring health and safety

           Division 2 - Primary duty of care

   19.     Primary duty of care

           Division 3 - Further duties of persons conducting businesses or undertakings

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

           Division 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 5 - Offences and penalties
           Note

   30.     Health and safety duty
   31.     Gross 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
   34A.    Exception for police responding to particular active armed offender incidents

   PART 2A - INDUSTRIAL MANSLAUGHTER

   34B.    Definitions
   34C.    Offence of industrial manslaughter
   34D.    Exception for volunteers
   34E.    No limitation period for proceedings for offences against section 34C
   34F.    Alternative verdict

   PART 3 - INCIDENT NOTIFICATION

   35.     What is a "notifiable incident"
   36.     What is a "serious injury or illness"
   37.     What is a "dangerous incident"
   38.     Duty to notify of notifiable incidents
   39.     Duty to preserve incident sites

   PART 4 - AUTHORISATIONS

   40.     Meaning of "authorised"
   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 1 - Consultation, co-operation and co-ordination between duty holders

   46.     Duty to consult with other duty holders

           Division 2 - Consultation with workers

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

           Division 3 - Health and safety representatives

              Subdivision 1 - Request for election of health and safety representatives

   50.     Request for election of health and safety representative

              Subdivision 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 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 businesses
   59.     Effect of Subdivision on other arrangements

              Subdivision 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 - 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 group

              Subdivision 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 section 70 (1)
   72.     Obligation to train health and safety representatives
   73.     Obligation to share costs if multiple businesses or undertakings
   74.     List of health and safety representatives

           Division 4 - Health and safety committees

   75.     Health and safety committees
   76.     Constitution of committee
   76A.    Special provision for coal mines
   77.     Functions of committee
   78.     Meetings of committee
   79.     Duties of person conducting business or undertaking

           Division 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 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 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 contravention
   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 8 - Part not to apply to prisoners

   103.    Part does not apply to prisoners

   PART 6 - DISCRIMINATORY, COERCIVE AND MISLEADING CONDUCT

           Division 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 discriminatory conduct
   108.    Prohibition of coercion or inducement
   109.    Misrepresentation

           Division 2 - Criminal proceedings in relation to discriminatory conduct

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

           Division 3 - Civil proceedings in relation to discriminatory or coercive conduct

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

           Division 4 - General

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

   PART 7 - WORKPLACE ENTRY BY WHS ENTRY PERMIT HOLDERS
   Note

           Division 1 - Introductory

   116.    Definitions

           Division 2 - Entry to inquire into suspected contraventions

   117.    Entry to inquire into suspected contraventions
   118.    Rights that may be exercised while at workplace
   119.    Notice of entry
   120.    Entry to inspect employee records or information held by another person

           Division 3 - Entry to consult and advise workers

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

           Division 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 workers

           Division 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.    Authorising authority must permit WHS entry permit holder to show cause
   140.    Determination of application

           Division 6 - Dealing with disputes

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

           Division 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 work at workplace
   147.    Misrepresentations about things authorised by this Part
   148.    Unauthorised use or disclosure of information or documents

           Division 8 - General

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

   PART 8 - THE REGULATOR

           Division 1 - Functions of regulator

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

           Division 2 - Powers of regulator to obtain information

   155.    Powers of regulator to obtain information
   155A.   Extraterritorial application
   155B.   Service of notices

   PART 9 - SECURING COMPLIANCE

           Division 1 - Appointment of inspectors

   156.    Appointment of inspectors
   156A.   (Repealed)
   157.    Identity cards
   158.    Accountability of inspectors
   159.    Suspension and ending of appointment of inspectors

           Division 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
   162A.   (Repealed)

           Division 3 - Powers relating to entry

              Subdivision 1 - General powers of entry

   163.    Powers of entry
   164.    Notification of entry
   165.    General powers on entry
   165A.   (Repealed)
   166.    Persons assisting inspectors
   166A.   (Repealed)

              Subdivision 2 - Search warrants

   167.    Search warrant
   168.    Announcement before entry on warrant
   169.    Copy of warrant to be given to person with management or control of place

              Subdivision 3 - Limitation on entry powers

   170.    Places used for residential purposes

              Subdivision 4 - Specific powers on entry

   171.    Power to require production of documents and answers to questions
   171A.   Giving of notices
   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 4 - Damage and compensation

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

           Division 5 - Other matters

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

           Division 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 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 2 - Prohibition notices

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

           Division 2A - Prohibited asbestos notices

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

           Division 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 4 - General requirements applying to notices

   202.    Application of Division
   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 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 6 - Injunctions

   214.    Application of Division
   215.    Injunctions for noncompliance with notices

   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 1 - Reviewable decisions

   223.    Which decisions are reviewable

           Division 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

           Division 3 - External review

   229.    Application for external review

   PART 13 - LEGAL PROCEEDINGS

           Division 1 - General matters

   229A.   (Repealed)
   229B.   Procedure for offences
   230.    Prosecutions
   231.    Procedure if prosecution is not brought
   232.    Limitation period for prosecutions
   233.    Multiple contraventions of health and safety duty provision
   233A.   Certificate evidence of certain matters

           Division 2 - Sentencing for offences

   234.    Application of this Division
   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 2A - Penalty units

   242A.   Definitions
   242B.   Value of penalty unit
   242C.   Amount of penalties
   242D.   Notice of indexed penalties

           Division 3 - Penalty notices

   243.    Penalty notices

           Division 4 - Offences by bodies corporate

   244.    Definitions
   244A.   Imputing conduct to body corporate
   244B.   State of mind
   244BA.  Gross negligence
   244C.   Mistake of fact
   244D.   Failure to take reasonable precautions

           Division 5 - The Crown

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

           Division 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 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 contravention
   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.    Proceedings 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 admissible in criminal proceedings

           Division 8 - Civil liability not affected by this Act

   267.    Civil liability not affected by this Act

   PART 14 - GENERAL

           Division 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.   Information sharing between regulators
   271B.   Provision of information from Health Secretary to regulator
   271C.   Dust Diseases Register
   271D.   SafeWork NSW must report to Minister
   271E.   SafeWork NSW to publish information on website
   271F.   National register of dust diseases
   272.    No contracting out
   272A.   Prohibition on certain insurance or indemnity arrangements
   272B.   Liability of officers for offences by body corporate under section 272A
   273.    Person not to levy workers

           Division 1A - Silica worker registration

   273A.   Silica worker register
   273B.   Access to silica worker register

           Division 2 - Codes of practice

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

           Division 3 - Regulation-making powers

   276.    Regulation-making powers

           Division 3A - Miscellaneous

   276A.   Case-finding study
   276B.   Review of certain provisions
   276C.   (Repealed)
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 5