South Australian Current Acts South Australian Current ActsNotes
• This version is comprised of the following:
|
Part 1 |
1.9.2024 |
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Part 2 |
1.7.2024 |
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Part 3 |
27.6.2013 |
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Part 4 |
27.6.2013 |
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Part 5 |
1.9.2024 |
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Part 6 |
1.7.2017 |
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Part 7 |
1.9.2024 |
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Part 8 |
1.9.2024 |
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Part 9 |
27.6.2013 |
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Part 10 |
1.7.2017 |
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Part 11 |
1.7.2024 |
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Part 12 |
1.9.2024 |
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Part 13 |
1.9.2024 |
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Part 14 |
1.9.2024 |
|
Schedules |
1.9.2024 |
• Amendments of this version that are uncommenced are not
incorporated into the text.
• Please note—References in the legislation to other
legislation or instruments or to titles of bodies or offices are not
automatically updated as part of the program for the revision and publication of
legislation and therefore may be obsolete.
• Earlier versions of this Act (historical versions) are listed at
the end of the legislative history.
• For further information relating to the Act and subordinate
legislation made under the Act see the Index of South Australian Statutes or
www.legislation.sa.gov.au.
Legislation repealed by principal
Act
The Work Health and Safety Act 2012 repealed the
following:
Occupational Health, Safety and Welfare Act 1986
Legislation amended by principal Act
The Work Health and Safety Act 2012 amended the
following:
Criminal Law (Sentencing) Act 1988
Environment Protection Act 1993
Mines and Works Inspection Act 1920
Tobacco Products Regulation Act 1997
Workers Rehabilitation and Compensation Act 1986
Principal Act and amendments
New entries appear in bold.
|
Year |
No |
Title |
Assent |
Commencement |
|
2012 |
40 |
15.11.2012 |
1.1.2013: s 2 |
|
|
2013 |
24 |
Work Health and Safety (Self-Incrimination) Amendment
Act 2013 |
27.6.2013 |
27.6.2013 |
|
2014 |
16 |
6.11.2014 |
Sch 9 (cll 24, 26(1), (5) & 66)—2.2.2015; cll 25
& 26(2)—(4), (6)—(10)—1.7.2015 (Gazette 4.12.2014
p6610) |
|
|
2015 |
6 |
Work Health and Safety (Prosecutions Under Repealed Act) Amendment Act
2015 |
21.5.2015 |
21.5.2015 |
|
2015 |
36 |
Statutes Amendment (Industrial Relations Consultative Council)
Act 2015 |
5.11.2015 |
|
|
2016 |
63 |
Statutes Amendment (South Australian Employment Tribunal) Act
2016 |
8.12.2016 |
|
|
2017 |
18 |
Summary Procedure (Indictable Offences) Amendment Act
2017 |
14.6.2017 |
Sch 2 (cll 34 & 41)—5.3.2018 (Gazette 12.12.2017
p4961) |
|
2017 |
46 |
Work Health and Safety (Representative Assistance) Amendment Act
2017 |
14.11.2017 |
14.2.2018: s 2 |
|
2019 |
25 |
Statutes Amendment and Repeal (Simplify) Act 2019 |
3.10.2019 |
Pt 53 (s 102)—3.10.2019: s 2(1) |
|
2023 |
43 |
Work Health and Safety (Industrial Manslaughter) Amendment
Act 2023 |
7.12.2023 |
7.12.2023 except ss 3 to 6, 7(1), 8 & 9—1.7.2024 (Gazette
7.3.2024 p372) |
|
2024 |
2 |
Statutes Amendment (Industrial Relations Portfolio) Act
2024 |
29.2.2024 |
|
|
2024 |
20 |
Work Health and Safety (Review Recommendations) Amendment
Act 2024 |
13.6.2024 |
Pt 2 (ss 3 to 24) & Sch 1 (cll 2
to 6)—1.9.2024 (Gazette 22.8.2024 p2871) |
|
2024 |
26 |
Statutes Amendment (South Australian Employment Tribunal) Act
2024 |
5.9.2024 |
|
|
2024 |
38 |
19.9.2024 |
Sch 1 (cl 3)—uncommenced |
Provisions amended
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in
italics.
|
Provision |
How varied |
Commencement |
|
Long title |
amended under Legislation Revision and Publication
Act 2002 |
27.6.2013 |
|
Pt 1 |
|
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|
Pt 1 Div 1 |
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s 2 |
omitted under Legislation Revision and Publication
Act 2002 |
27.6.2013 |
|
Pt 1 Div 3 |
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1.7.2024 |
||
|
inserted by 20/2024 s 3(1) |
1.9.2024 |
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Advisory Council |
deleted by 36/2015 s 9(1) |
19.11.2015 |
|
amended by 63/2016 s 151(1) |
1.7.2017 |
|
|
Consultative Council |
inserted by 36/2015 s 9(2) |
19.11.2015 |
|
|
deleted by 20/2024 s 3(2) |
1.9.2024 |
|
industrial magistrate |
deleted by 63/2016 s 151(2) |
1.7.2017 |
|
substituted by 20/2024 s 3(3) |
1.9.2024 |
|
|
amended by 20/2024 s 3(4) |
1.9.2024 |
|
|
inserted by 43/2023 s 3(1) |
1.7.2024 |
|
|
Industrial Registrar |
deleted by 63/2016 s 151(3) |
1.7.2017 |
|
IRC |
deleted by 63/2016 s 151(4) |
1.7.2017 |
|
substituted by 20/2024 s 3(5) |
1.9.2024 |
|
|
inserted by 16/2014 Sch 9 cl 24(1) |
2.2.2015 |
|
|
inserted by 63/2016 s 151(5) |
1.7.2017 |
|
|
WorkCover |
deleted by 16/2014 Sch 9 cl 24(2) |
2.2.2015 |
|
s 4(2)—(4) |
inserted by 43/2023 s 3(2) |
1.7.2024 |
|
Pt 1 Div 4 |
|
|
|
|
|
|
|
inserted by 20/2024 s 4 |
1.9.2024 |
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Pt 1 Div 5 |
inserted by 20/2024 s 5 |
1.9.2024 |
|
Pt 2 |
|
|
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inserted by 43/2023 s 4 |
1.7.2024 |
|
|
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|
heading |
amended by 43/2023 s 5(1) |
1.7.2024 |
|
amended by 43/2023 s 5(2) |
1.7.2024 |
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Pt 5 |
|
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Pt 5 Div 3 |
|
|
|
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|
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amended by 63/2016 s 152(1) |
1.7.2017 |
|
|
substituted by 63/2016 s 152(2) |
1.7.2017 |
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|
|
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amended by 36/2015 s 10 |
19.11.2015 |
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deleted by 46/2017 s 4(1) |
14.2.2018 |
|
deleted by 46/2017 s 4(2) |
14.2.2018 |
|
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Pt 5 Div 6 |
|
|
|
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|
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note inserted by 20/2024 s 6 |
1.9.2024 |
|
|
inserted by 20/2024 s 7 |
1.9.2024 |
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Pt 5 Div 7A |
inserted by 20/2024 s 8 |
1.9.2024 |
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Pt 6 |
|
|
|
|
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|
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amended by 63/2016 s 153(1) |
1.7.2017 |
|
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amended by 63/2016 s 153(2) |
1.7.2017 |
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s 112(3) and (5) |
amended by 63/2016 s 153(3) |
1.7.2017 |
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s 114(2) and (3) |
amended by 63/2016 s 154 |
1.7.2017 |
|
Pt 7 |
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amended by 2/2024 s 8 |
28.3.2024 |
|
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amended by 2/2024 s 8 |
28.3.2024 |
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amended by 2/2024 s 8 |
28.3.2024 |
|
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amended by 2/2024 s 8 |
28.3.2024 |
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amended by 20/2024 s 9(1)—(3) |
1.9.2024 |
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amended by 20/2024 s 10(1) |
1.9.2024 |
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s 118(1a)—(1c) |
inserted by 20/2024 s 10(2) |
1.9.2024 |
|
amended by 20/2024 s 10(3) |
1.9.2024 |
|
|
|
note inserted by 20/2024 s 10(4) |
1.9.2024 |
|
amended by 20/2024 s 11(1) |
1.9.2024 |
|
|
|
note inserted by 20/2024 s 11(2) |
1.9.2024 |
|
Pt 8 |
|
|
|
inserted by 20/2024 s 12 |
1.9.2024 |
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Pt 9 |
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|
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amended by 24/2013 s 3(1), (2) |
27.6.2013 |
|
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Pt 10 |
|
|
|
|
|
|
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amended by 63/2016 s 155 |
1.7.2017 |
|
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Pt 11 |
|
|
|
|
|
|
|
substituted by 43/2023 s 6 |
1.7.2024 |
|
|
|
|
|
|
deleted by 63/2016 s 156 |
1.7.2017 |
|
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Pt 12 |
|
|
|
|
|
|
|
inserted by 20/2024 s 13 |
1.9.2024 |
|
|
|
|
|
|
amended by 63/2016 s 157(1) |
1.7.2017 |
|
|
s 229(3)—(6) |
deleted by 63/2016 s 157(2) |
1.7.2017 |
|
Pt 13 |
|
|
|
|
|
|
|
inserted by 63/2016 s 158(1) |
1.7.2017 |
|
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amended by 63/2016 s 158(2) |
1.7.2017 |
|
|
substituted by 63/2016 s 158(3) |
1.7.2017 |
|
|
amended by 43/2023 s 7(1) |
1.7.2024 |
|
|
substituted by 63/2016 s 158(4) |
1.7.2017 |
|
|
|
amended by 18/2017 Sch 2 cl 34 |
5.3.2018 |
|
|
amended by 43/2023 s 7(2) |
7.12.2023 |
|
substituted by 63/2016 s 158(4) |
1.7.2017 |
|
|
s 230(10)—(12) |
inserted by 43/2023 s 7(3) |
7.12.2023 |
|
|
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|
|
amended by 43/2023 s 8(1) |
1.7.2024 |
|
|
|
substituted by 20/2024 s 14(1) |
1.9.2024 |
|
s 231(1a) and (1b) |
inserted by 20/2024 s 14(1) |
1.9.2024 |
|
amended by 20/2024 s 14(2) |
1.9.2024 |
|
|
inserted by 20/2024 s 14(3) |
1.9.2024 |
|
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amended by 43/2023 s 8(2) |
1.7.2024 |
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amended by 20/2024 s 14(4) |
1.9.2024 |
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amended by 20/2024 s 15 |
1.9.2024 |
|
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inserted by 43/2023 s 9 |
1.7.2024 |
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|
|
amended by 20/2024 s 16(1), (2) |
1.9.2024 |
|
|
amended by 63/2016 s 159 |
1.7.2017 |
|
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amended by 63/2016 s 160 |
1.7.2017 |
|
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|
|
amended by 63/2016 s 161 |
1.7.2017 |
|
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amended by 20/2024 s 17 |
1.9.2024 |
|
|
inserted by 20/2024 s 18 |
1.9.2024 |
|
|
amended by 63/2016 s 162 |
1.7.2017 |
|
|
|
amended by 20/2024 s 19(1) |
1.9.2024 |
|
1.9.2024 |
||
|
inserted by 20/2024 s 19(2) |
1.9.2024 |
|
|
amended by 63/2016 s 163 |
1.7.2017 |
|
|
Pt 14 |
|
|
|
inserted by 20/2024 s 20 |
1.9.2024 |
|
|
inserted by 20/2024 s 21 |
1.9.2024 |
|
|
|
|
|
|
amended by 36/2015 s 11(1) |
19.11.2015 |
|
|
|
amended by 20/2024 s 22 |
1.9.2024 |
|
substituted by 36/2015 s 11(2) |
19.11.2015 |
|
|
|
amended by 20/2024 s 22 |
1.9.2024 |
|
inserted by 36/2015 s 11(2) |
19.11.2015 |
|
|
|
amended by 20/2024 s 22 |
1.9.2024 |
|
amended by 25/2019 s 102 |
3.10.2019 |
|
|
|
|
|
|
amended by 2/2024 s 9 |
28.3.2024 |
|
|
Sch 2 |
|
|
|
Pt 1 |
deleted by 36/2015 s 12(1) |
19.11.2015 |
|
Pt 2 |
|
|
|
cl 12 |
|
|
|
cl 12(2) |
amended by 36/2015 s 12(2) |
19.11.2015 |
|
|
amended by 20/2024 s 23(1) |
1.9.2024 |
|
cl 12(17) |
amended by 20/2024 s 23(2) |
1.9.2024 |
|
cl 13 |
|
|
|
cl 13(1) |
amended by 16/2014 Sch 9 cl 25 |
1.7.2015 |
|
cl 13(6) |
amended by 36/2015 s 12(3) |
19.11.2015 |
|
Sch 3 |
|
|
|
cl 14 |
amended by 63/2016 s 164 |
1.7.2017 |
|
Sch 4 |
substituted by 63/2016 s 165 |
1.7.2017 |
|
Sch 5 |
|
|
|
cl 1 |
|
|
|
cl 1(1) |
amended by 16/2014 Sch 9 cl 26(1) |
2.2.2015 |
|
|
amended by 36/2015 s 13 |
19.11.2015 |
|
|
amended by 20/2024 s 24(1) |
1.9.2024 |
|
cl 1(2) |
amended by 16/2014 Sch 9 cl 26(2) |
1.7.2015 |
|
cl 1(3) |
substituted by 16/2014 Sch 9 cl 26(3) |
1.7.2015 |
|
cl 2 |
|
|
|
cl 2(1) |
amended by 16/2014 Sch 9 cl 26(4) |
1.7.2015 |
|
cl 2(3) |
amended by 16/2014 Sch 9 cl 26(5) |
2.2.2015 |
|
|
amended by 16/2014 Sch 9 cl 26(4) |
1.7.2015 |
|
cl 2(5) |
amended by 16/2014 Sch 9 cl 26(5) |
2.2.2015 |
|
cl 2(6) |
amended by 16/2014 Sch 9 cl 26(5) |
2.2.2015 |
|
|
amended by 16/2014 Sch 9 cl 26(4), (6), (7) |
1.7.2015 |
|
cl 2(7) |
amended by 16/2014 Sch 9 cl 26(8) |
1.7.2015 |
|
cl 2(10) |
amended by 16/2014 Sch 9 cl 26(5) |
2.2.2015 |
|
cl 2(11) |
amended by 16/2014 Sch 9 cl 26(5) |
2.2.2015 |
|
|
amended by 16/2014 Sch 9 cl 26(4), (9) |
1.7.2015 |
|
cl 2(12) |
amended by 16/2014 Sch 9 cl 26(5) |
2.2.2015 |
|
cl 3 |
deleted by 16/2014 Sch 9 cl 26(10) |
1.7.2015 |
|
cl 3 |
inserted by 20/2024 s 24(2) |
1.9.2024 |
|
Sch 6 |
|
|
|
Pts 1—8 |
omitted under Legislation Revision and Publication
Act 2002 |
27.6.2013 |
|
Pt 9 |
|
|
|
cl 25A |
inserted by 6/2015 s 3 |
21.5.2015 |
Transitional etc provisions associated with Act or
amendments
Return to Work Act 2014, Sch 9
Div 10
66—Work health and safety administration
costs
(1) In this clause—
WHS Act means the Work Health and Safety
Act 2012.
(2) The prescribed percentage of the prescribed amount under Schedule 5,
clause 2(7) and (8) of the WHS Act (as amended by this Act) for the
2015/2016 financial year must be at least equal to the total of the prescribed
percentage of the prescribed amount under Schedule 5, clause 2(7)
and (8) of the WHS Act for the 2014/2015 financial year and the amount
payable under Schedule 5, clause 3 of the WHS Act for the 2014/2015
financial year (and if a regulation is not made under Schedule 5,
clause 2(7) or (8) of the WHS Act (as amended by this Act) for the
2015/2016 financial year then the total amount described in this subclause will
apply under that clause).
Statutes Amendment (Industrial Relations Consultative
Council) Act 2015
14—Transitional provision
A member of the SafeWork SA Advisory Council established under the Work
Health and Safety Act 2012 ceases to hold office on the commencement of
this section.
Statutes Amendment (South Australian Employment
Tribunal) Act 2016
166—Transitional provisions
(1) In this section—
principal Act means the Work Health and Safety
Act 2012;
relevant day means the day on which this Part comes into
operation;
Tribunal means the South Australian Employment
Tribunal.
(2) A decision, direction or order of the Industrial Relations Court of
South Australia or a review committee under the principal Act in force
immediately before the relevant day will, on and from the relevant day, be taken
to be a decision, direction or order of the Tribunal.
(3) A right to make any application, or to seek a review, or lodge an
appeal under the principal Act with respect to any matter in existence before
the relevant day, with the effect that the relevant proceedings would have been
commenced before the Industrial Relations Court of South Australia or a review
committee, will be exercised as if this Part had been in operation before the
right arose, so that the relevant proceedings may be commenced instead before
the Tribunal.
(4) Any proceedings before the Industrial Relations Court of South
Australia or a review committee under the principal Act immediately before the
relevant day will, subject to such directions as the President of the Tribunal
thinks fit, be transferred to the Tribunal where they may proceed as if they had
been commenced before the Tribunal.
(5) The Tribunal may—
(a) receive in evidence any transcript of evidence in proceedings before
the Industrial Relations Court or a review committee, and draw any conclusions
of fact from that evidence that appear proper; and
(b) adopt any findings or determinations of the Industrial Relations Court
or a review committee that may be relevant to proceedings before the Tribunal;
and
(c) adopt or make any decision (including a decision in the nature of a
permission), direction or order in relation to proceedings before the Industrial
Relations Court or a review committee before the relevant day (including so as
to make a decision or give a permission, direction or order, in relation to
proceedings fully heard before the relevant day); and
(d) take other steps to promote or ensure the smoothest possible
transition from 1 jurisdiction to another in connection with the
operation of this section.
Summary Procedure (Indictable Offences) Amendment Act
2017, Sch 2 Pt 14
41—Transitional provision
The amendments made by this Act apply to proceedings relating to an offence
that are commenced after the commencement of this Act, regardless of when the
offence occurred (and the Acts amended by this Act, as in force before the
commencement of this Act, continue to apply to proceedings that were commenced
before the commencement of this Act).
Work Health and Safety (Industrial Manslaughter)
Amendment Act 2023, Sch 1
1—Transitional and saving
provisions
(1) Section 230 of
the Work Health and Safety Act 2012 (as amended by section 7(3) of
this Act) will be taken to apply in relation to an information containing a
charge of—
(a) a major indictable offence against the Criminal Law Consolidation
Act 1935 or any other Act; and
(b) a summary or
minor indictable offence against the Work Health and Safety
Act 2012,
laid before the commencement of this clause (and to avoid doubt, section
6A(3) of the South Australian Employment Tribunal Act 2014 will be
taken not to apply in relation to the offences referred to in
paragraph (b)).
(2) Despite section 230(7) of the Work Health and Safety
Act 2012 (as in force immediately prior to the commencement of section
7(2) of this Act) committal proceedings for a minor indictable offence referred
to in subclause (1)(b) may be conducted in the Magistrates Court in
accordance with the Criminal Procedure Act 1921.
Work Health and Safety (Review Recommendations)
Amendment Act 2024, Sch 1 Pt 2—Transitional
provisions
2—Interpretation
In this Schedule—
principal Act means the Work Health and Safety
Act 2012.
3—Notices under new Part 5 Division
7A
A notice may only be given to SAET under Part 5 Division 7A of the
principal Act (as inserted by this Act) in respect of a WHS matter (within the
meaning of that Division) arising after the commencement of that
Division.
4—Applications to SAET under new section
260A
An application may only be made to SAET under section 260A of the principal
Act (as inserted by this Act) in respect of an issue or alleged contravention
occurring after the commencement of that section.
5—Executive Director
The person who was, immediately before the commencement of
section 24(2) of this Act, the Executive Director under the principal Act
will, on the commencement of that subsection, be taken to have been appointed as
the Executive Director under Schedule 3 clause 3 of the principal Act
(as in force after the commencement of section 24(2) of this Act) for the
remainder of their term of office (and subject to the same terms and conditions
of appointment).
6—Review
(1) The Minister to whom administration of the principal Act is committed
must cause a review of the amendments effected by this Act to be
conducted.
(2) The review must—
(a) be commenced 2 years after the commencement of this clause and be
completed within a period of 6 months; and
(b) include an assessment of the following matters:
(i) the extent to which amendments have contributed to improved health and
safety of workers and workplaces;
(ii) the extent to which there has been an improvement in communication
between the regulator and parties affected by workplace incidents, including
victims and their families;
(iii) the extent to which dispute resolution processes have assisted in
the settlement of disputes over health and safety issues;
(iv) any other matter the Minister considers to be relevant to the
review.
(3) A report on the results of the review must be provided to the Minister
and the Minister must—
(a) cause a copy of the report to be laid before each House of Parliament
within 12 sitting days after receiving the report; and
(b) publish a copy of the report on a website determined by the
Minister.
Historical versions
|
27.6.2013 |
|
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2.2.2015 |
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21.5.2015 |
|
|
1.7.2015 |
|
|
19.11.2015 |
|
|
1.7.2017 |
|
|
14.2.2018 |
|
|
5.3.2018 |
|
|
3.10.2019 |
|
|
7.12.2023 |
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28.3.2024 |
|
|
1.7.2024 |
|