South Australian Current Acts

WORK HEALTH AND SAFETY ACT 2012 - SECT 274

274—Approved codes of practice

        (1)         The Minister may approve a code of practice for the purposes of this Act and may vary or revoke an approved code of practice.

        (2)         The Minister may only approve, vary or revoke a code of practice under subsection (1) if the Minister is acting on the recommendation of the Consultative Council and that code of practice, variation or revocation was developed by a process that involved consultation between—

            (a)         the Governments of the Commonwealth and each State and Territory; and

            (b)         unions; and

            (c)         employer organisations.

        (3)         On each occasion that the Consultative Council is required to make a recommendation under subsection (2), the Consultative Council must—

            (a)         establish a committee to advise it on, and assist it with, the making of the recommendation; and

            (b)         consult the Small Business Commissioner so that the Commissioner may assess whether the code of practice would affect small business if implemented and, if so, provide any comments or advice that the Commissioner considers to be appropriate in the circumstances (including that the code be varied).

        (3a)         A committee established under subsection (3)(a) must consist of—

            (a)         at least 2 members of the Consultative Council; and

            (b)         such other members as are determined by the Consultative Council.

        (4)         A code of practice may apply, adopt or incorporate any matter contained in a document formulated, issued or published by a person or body whether—

            (a)         with or without modification; or

            (b)         as in force at a particular time or from time to time.

        (5)         An approval of a code of practice, or a variation or revocation of an approved code of practice, takes effect when notice of it is published in the Government Gazette or on such later date as is specified in the approval, variation or revocation.

        (6)         As soon as practicable after approving a code of practice, or varying or revoking an approved code of practice, the Minister must ensure that notice of the approval, variation or revocation is published in the Government Gazette and on a website determined by the Minister or in a newspaper circulating generally throughout the State.

        (7)         The regulator must ensure that a copy of—

            (a)         each code of practice that is currently approved; and

            (b)         each document applied, adopted or incorporated (to any extent) by an approved code of practice,

is available for inspection by members of the public without charge at the office of the regulator during normal business hours.

        (8)         An approved code of practice or the variation of a code of practice is subject to disallowance by Parliament.

        (9)         The Minister must ensure that each approved code of practice or variation is laid before both Houses of Parliament within 6 sitting days after it is published in the Gazette.

        (10)         If either House of Parliament passes a resolution disallowing an approved code of practice or the variation of a code of practice, then the code of practice or variation ceases to have effect.

        (11)         A resolution is not effective for the purposes of subsection (10) unless passed in pursuance of a notice of motion given within 14 sitting days (which need not all fall within the same session of Parliament) after the day on which the code of practice or variation was laid before the House.