Northern Territory Numbered Acts

WORKPLACE HEALTH AND SAFETY ACT 2007 (NO 31 OF 2007) - SECT 55

    (1)     An employer has a duty (the employer's general statutory duty of care ) to ensure, as far as reasonably practicable, that workers and others are not exposed to risks to health or safety arising from the conduct of the employer's business.

    (2)     If the employer is a natural person working in the employer's own business, the employer is to be regarded as a worker to whom the general statutory duty of care is owed by the employer him/herself.

    (3)     An employer carries out the general statutory duty of care by proceeding, in a systematic way, to:

    (a)     identify hazards; and

    (b)     identify, and assess the seriousness of, risks resulting from the hazards; and

    (c)     determine appropriate risk management measures:

        (i)     to eliminate, as far as reasonably practicable, avoidable risks; and

        (ii)     to minimise, as far as reasonably practicable, unavoidable risks; and

    (d)     carry the risk management measures into effect; and

    (e)     monitor and review the effectiveness of the measures.

    (4)     An employer who fails to comply with the employer's general statutory duty of care is guilty of an offence.

Maximum penalty:     1 000 penalty units or imprisonment for 2 years.