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WORK HEALTH AND SAFETY (NATIONAL UNIFORM LEGISLATION) ACT - SCHEDULE 3

Schedule 3     Regulation-making powers

section 276(2)

1     Duties

    1.1     Matters relating to the way in which duties imposed by this Act are to be performed.

    1.2     Matters relating to the regulation or prohibition of specified activities or a specified class of activities:

        (a)     at workplaces or a specified class of workplaces; or

        (b)     by a specified class of persons on whom duties or obligations are imposed by this Act;

to eliminate or minimise risks to health and safety.

    1.3     Imposing duties on persons in relation to any matter provided for under the Regulations.

2     Incidents

Matters relating to incidents at workplaces including:

        (a)     regulating or requiring the taking of any action to avoid an incident at a workplace or in the course of conducting a business or undertaking; and

        (b)     regulating, requiring or prohibiting the taking of any action in the event of an incident at a workplace or in the conduct of a business or undertaking.

3     Plant, substances or structures

Matters relating to plant, substances or structures, including:

        (a)     regulating the storage and handling of plant, substances and structures; and

        (b)     regulating or requiring:

            (i)     the examination, testing, labelling, maintenance or repair of plant and structures; or

            (ii)     the examination, testing, analysis or labelling of any substance.

4     Protection and welfare of workers

Matters relating to the protection and welfare of workers including:

        (a)     regulating or requiring the provision and use of protective clothing or equipment, or rescue equipment, in specified circumstances; and

        (b)     regulating or requiring the provision of specified facilities for the welfare of workers at the workplace; and

        (c)     matters relating to health and safety in relation to accommodation provided to workers.

5     Hazards and risks

Matters relating to hazards and risks including:

        (a)     the prescribing of standards relating to the use of or exposure to any physical, biological, chemical or psychological hazard; and

        (b)     matters relating to safety cases, safety management plans and safety management systems (however described); and

        (c)     matters relating to measures to control risks.

6     Records and notices

    6.1     The keeping and availability of records of health and safety representatives and deputy health and safety representatives.

    6.2     The keeping of records in relation to incidents.

    6.3     The keeping of records of specified activities, matters or things to be kept by specified persons.

    6.4     The giving of notice of, or information about, specified activities, matters or things to the regulator, an inspector or other specified person.

7     Authorisations

    7.1     Matters relating to authorisations (including licences, registrations and permits) and qualifications, and experience for the purposes of Part 4 or the Regulations including providing for:

        (a)     applications for the grant, issue, renewal, variation, suspension and cancellation of authorisations, including the minimum age to be eligible for an authorisation; and

        (b)     the evidence and information to be provided in relation to applications including the provision of statutory declarations; and

        (c)     exemptions; and

        (d)     variations of authorisations by the regulator whether on application or otherwise; and

        (e)     authorisation of persons as trainers and assessors; and

        (f)     examination of applicants for authorisations; and

        (g)     conditions of authorisations; and

        (h)     fees for applications for the grant, issue, renewal and variation of authorisations.

    7.2     The recognition of authorisations under corresponding WHS laws and exceptions to recognition.

    7.3     The sharing of information with corresponding regulators relating to the grant, issue, renewal, variation, suspension or cancellation of authorisations.

8     Work groups

Matters relating to work groups and variation of work groups and agreements or variations of agreements relating to the determination of work groups.

9     Health and safety committees and health and safety representatives

Matters relating to health and safety committees and health and safety representatives.

10     Issue resolution

Matters relating to issue resolution including:

        (a)     the minimum requirements for an agreed procedure for resolving an issue; and

        (b)     the requirements for a default issue resolution procedure where there is no agreed procedure.

11     WHS entry permits

Matters relating to WHS entry permits, including providing for:

        (a)     eligibility for WHS entry permits; and

        (b)     procedures for applications for WHS entry permits and objections to applications for WHS entry permits; and

        (c)     conditions of WHS entry permits; and

        (d)     the form of WHS entry permits; and

        (e)     requirements for training; and

        (f)     records of WHS entry permits.

12     Identity cards

Matters relating to identity cards.

13     Forfeiture

Matters relating to:

        (a)     costs of forfeiture and disposal of forfeited things; and

        (b)     disposal of seized things and forfeited things.

14     Review of decisions

Matters relating to the review of decisions under the Regulations including:

        (a)     prescribing decisions as reviewable decisions for the purposes of Part 12 or for the purposes of the Regulations; and

        (b)     prescribing procedures for internal and external review of decisions under the Regulations; and

        (c)     conferring jurisdiction on the Work Health Court to conduct reviews under the Regulations.



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