Northern Territory Numbered Acts Northern Territory Numbered ActsIn this Act:
"appointed member", of the Council, means a member other than the Executive Director.
"approved" means approved by the Authority.
"authorised investigation", see section 17(2).
"Authority" means the Work Health Authority.
"business" means:
(a) an industrial or commercial undertaking or activity (whether carried on for profit or on a not-for-profit basis); or
(b) an undertaking or activity of government or local government.
"Chair", of the Council, includes the Deputy Chair while acting as the Chair.
"company" includes any body corporate.
"conviction" includes a formal finding of guilt made by a court without proceeding to a conviction.
"Council" means the Workplace Health and Safety Advisory Council.
"Court" means the Work Health Court.
Note
This definition operates only for the purposes of provisions in which Court appears with a capitalised "C" in the statutory text, i.e. sections 79, 91 and 92. In other provisions, a reference to a court is (according to context) a reference to a court of civil or criminal jurisdiction (or both).
"employer" means a person who carries on a business (whether or not workers engaged in the business are or include employees).
"enforcement" notice means:
(a) an improvement notice; or
(b) a prohibition notice; or
(c) a stop work notice.
Executive Director means the person appointed by the Minister, and for the time being holding the appointment, as Executive Director of WorkSafe NT and includes a person acting in that position.
"hazard" means a source of risk.
"hazardous activity" means an activity classified by the regulations as a hazardous activity.
"health and safety representative" means a worker elected as a health and safety representative under section 36.
"improvement notice", see section 75.
"injury" includes an impairment of health.
"jurisdiction" means the Commonwealth, a State or Territory of the Commonwealth, or a foreign state or body politic.
"notice" means a written notice.
"occupier", of a workplace, means a person who has the management and control of the workplace.
"officer" means, according to context:
(a) a workplace safety officer; or
(b) an officer of a company or organisation.
Note
For the meaning of an officer of a company, see Corporations Act 2001.
"owner", of a workplace or of workplace infrastructure or equipment, includes an agent of the owner with powers of management and control.
"prohibition notice", see section 76.
"reasonably practicable", see section 5.
"related Act" means an Act, other than this Act, administered by the Authority.
"reportable incident", see section 64.
"respondent", to an enforcement notice, means the person against whom the enforcement notice is issued and, if that person is not the employer, includes the employer.
"risk management measure" means a measure for the elimination or mitigation of risk.
serious risk – a risk is a serious risk if a reasonable worker would discontinue work in which the worker was exposed to the risk until appropriate measures had been taken to eliminate or mitigate the risk.
"significant injury" means an injury requiring medical treatment.
"small employer" means an employer whose total workforce consists of less than 10 workers.
"stop work notice", see section 77.
"substance" includes a natural or artificial substance in solid, liquid or gaseous form.
"worker" means:
(a) any person who works in the employer's business:
(i) as an employee; or
(ii) as an apprentice or person undergoing on-the-job training; or
(iii) as a contractor or sub-contractor; or
(iv) as an employee of a contractor or sub-contractor; or
(v) as an employee of a labour hire company who has been assigned to work for the employer; or
(vi) as a volunteer; or
(vii) in any other capacity;
(b) if the employer is a natural person who works in the employer's business – the employer him/herself.
"workplace safety officer" means a person holding an appointment as a workplace safety officer under section 15 and includes the Executive Director.
"workplace infrastructure or equipment" includes:
(a) movable or immovable structures at the workplace;
(b) machinery, appliances, tools and other equipment.
"workplace materials" means materials or substances used, or encountered, in the course of work.
"work-related accident" means a situation or event occurring at a workplace, or arising out of a worker's work, that results in death or significant injury.
Note
The maximum penalties fixed in this Act are the penalties applicable to an individual. The maximum penalty for a body corporate is a monetary penalty equal to 5 times the maximum monetary penalty for an individual. (See section 38DB of the Interpretation Act.)