New South Wales Consolidated Acts

WORK HEALTH AND SAFETY ACT 2011 - SECT 274

274 Approved codes of practice

(1) The Minister may approve a code of practice for the purposes of this Act and may vary or revoke an approved code of practice.

(2) The Minister may only approve, vary or revoke a code of practice under subsection (1) if that code of practice, variation or revocation was developed by a process that involved consultation between--

(a) the Governments of the Commonwealth and each State and Territory, and

(b) unions, and

(c) employer organisations.

(2A) Consultation under subsection (2) is not required for a variation of an editorial nature or to correct a typographic error.

Example--: A variation to amend or update the name of a document referred to in a code of practice is an example of an editorial change.

(3) A code of practice may apply, adopt or incorporate any matter contained in a document formulated, issued or published by a person or body whether--

(a) with or without modification, or

(b) as in force at a particular time or from time to time.

(4) An approval of a code of practice, or a variation or revocation of an approved code of practice, takes effect when notice of it is published in the Gazette or on such later date as is specified in the approval, variation or revocation.

(5) As soon as practicable after approving a code of practice, or varying or revoking an approved code of practice, the Minister must ensure that notice of the approval, variation or revocation is published in the Gazette.

(6) The regulator must ensure that a copy of--

(a) each code of practice that is currently approved, and

(b) each document applied, adopted or incorporated (to any extent) by an approved code of practice,

is available for inspection by members of the public without charge at the office of the regulator during normal business hours.

Editorial note : For notices of approved codes of practice published or varied under this section, see Gazettes No 127 of 16.12.2011, p 7194; No 63 of 18.7.2014, p 2695; No 64 of 31.7.2015, p 2311; No 23 of 1.4.2016, p 575; No 27 of 27.1.2017, p 202; No 136 of 15.12.2017, p 7686; No 98 of 30.8.2019, n2019-2600 and No 21 of 31.1.2020, n2020-214. From April 2021, PCO is no longer updating notes in provisions of in force titles about related gazette notices. To search for related gazette notices, please use the Gazette Search functionality.