Northern Territory Numbered Acts

WORKPLACE HEALTH AND SAFETY ACT 2007 (NO 31 OF 2007)

TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY

   1.      Short title  
   2.      Commencement  
   3.      Objects of Act  
   4.      Definitions  
   5.      Meaning of reasonably practicable  
   6.      Act to bind the Territory and other jurisdictions  

   PART 2--ADMINISTRATION

           Division 1--Work Health Authority

   7.      Work Health Authority continues  
   8.      Constitution of Authority  
   9.      Functions and powers of Authority  
   10.     Ministerial control  

           Division 2--Inquiries

   11.     Authority's power to conduct inquiry  
   12.     Authority's powers of inquiry  
   13.     Conduct of examination  
   14.     Non-compliance with notice or requirement  

           Division 3--Workplace safety officers

   15.     Workplace safety officers  
   16.     Identity cards for workplace safety officers  
   17.     Functions of workplace safety officer  

           Division 4--Confidential information

   18.     Duty to preserve confidentiality  
   19.     Authority's power to disclose  

           Division 5--Immunity from liability

   20.     Immunity from liability  

   PART 3--WORKPLACE HEALTH AND SAFETY ADVISORY COUNCIL

   21.     Workplace Health and Safety Advisory Council  
   22.     Functions of the Council  
   23.     Membership of Council  
   24.     Terms and conditions of appointment  
   25.     Chair and Deputy Chair  
   26.     Meetings of Council  
   27.     Council subcommittees  
   28.     Annual report of Council  

   PART 4--CONSULTATION AND WORKER REPRESENTATION

           Division 1--Duties of employer and worker in regard to consultation

   29.     Objects of this Division  
   30.     Duty to consult  
   31.     When and how consultation is to take place  
   32.     Worker's reciprocal duty in regard to consultation  

           Division 2--Constitution of work groups

   33.     Work groups  
   34.     Formation of workgroup  
   35.     Sharing of costs where there are multiple employers for a single work group  

           Division 3--Election of health and safety representatives

   36.     Election of health and safety representative  
   37.     Term of office etc. of health and safety representative  

           Division 4--Functions and powers of health and safety representative

   38.     Functions of health and safety representative  
   39.     Gathering of information by health and safety representative  
   40.     Issue of notice of safety hazard  
   41.     Issue of stop work direction  

           Division 5--Employers' obligations to health and safety representatives

   42.     Training obligations  
   43.     Other obligations  
   44.     List of representatives to be kept  

           Division 6--Health and safety committees

   45.     Health and safety committee  
   46.     Functions of health and safety committee  
   47.     Duties of employer to health and safety committee  
   48.     Exemption from requirement to have health and safety committee  

           Division 7--Authorised union OH&S representatives

   49.     Objects of this Division  
   50.     Appointment of authorised union OH&S representatives  
   51.     Identity cards for authorised union OH&S representatives  
   52.     Duration of appointment  
   53.     Powers of authorised union OH&S representative  
   54.     Compensation for improper interference  

   PART 5--STATUTORY DUTIES OF CARE

           Division 1--Duties towards workers and others

   55.     Employer's general statutory duty of care  
   56.     Duties in regard to workplace  
   57.     Duties in regard to workplace infrastructure, equipment and materials  

           Division 2--Risk management plans

   58.     Risk management plans  

           Division 3--Duties of workers

   59.     Duties of workers  

           Division 4--Worker health surveillance

   60.     Duty to monitor health and safety  

           Division 5--Codes of practice

   61.     Codes of practice  
   62.     Compliance with code of practice to be defence  

           Division 6--Civil liability

   63.     Civil liability not affected by this Part  

   PART 6--INCIDENT NOTIFICATION

   64.     Reportable incidents  
   65.     Authority to be notified of reportable incidents  
   66.     Power of Authority to require site to be left undisturbed in certain cases  

   PART 7--INVESTIGATIONS

   67.     Power to enter workplace  
   68.     Workplace safety officer may take assistants  
   69.     Warrants  
   70.     Powers of officers while at a workplace  
   71.     Use of force  
   72.     Power of formal interrogation etc.  
   73.     Obstructing etc. officer  
   74.     General defence  

   PART 8--ENFORCEMENT

           Division 1--Improvement notices

   75.     Improvement notices  

           Division 2--Prohibition notice

   76.     Issue of prohibition notice  

           Division 3--Power to stop work for serious risks

   77.     Power to stop work for serious risk  

           Division 4--Enforcement notices generally

   78.     Enforcement notices  

           Division 5--Injunctive remedies

   79.     Injunctions  

           Division 6--Criminal enforcement

   80.     Authority's approval required for criminal prosecution  
   81.     Regulatory offences  
   82.     Aggravated offences  
   83.     Court's power to make orders of various kinds on conviction of offender for offence against this Act  
   84.     Court's power on releasing defendant on recognisance  
   85.     Vicarious liability of companies  
   86.     Offences by officers of companies  

   PART 9--REVIEW AND APPEAL

           Division 1--Internal review

   87.     Reviewable decisions  
   88.     Application for internal review  
   89.     Reference of application to review committee  
   90.     Review  

           Division 2--Appeals

   91.     Appeal  
   92.     Powers of the Court on an appeal  

   PART 10--MISCELLANEOUS

   93.     Discrimination against workers  
   94.     Abrogation of privilege against self-incrimination  
   95.     Review of Act  
   96.     Regulations