South Australian Current Acts South Australian Current Acts (1) In this Act,
unless the contrary intention appears—
"advisory committee" means the SafeWork SA Advisory Committee established
under Division 5;
"approved code of practice" means a code of practice approved under
Part 14;
"authorised", in Part 4—see section 40;
"authorising authority" means SAET;
"Category 1 offence"—see section 31;
"Category 2 offence"—see section 32;
"Category 3 offence"—see section 33;
"compliance powers" means the functions and powers conferred on an inspector
under this Act;
"condition" includes limitation and restriction;
"construct" includes assemble, erect, reconstruct, reassemble and re-erect;
"corresponding regulator" means the holder of a public office, or a
public authority, of the Commonwealth, or of a State, who or which is
responsible for administering a corresponding WHS law;
"corresponding WHS law" means—
(a) the
Dangerous Substances Act 1979 ; or
(b) the
Explosives Act 1936 ; or
(c) the
Fair Work Act 1994 ; or
(d) the
Mines and Works Inspection Act 1920 ; or
(e) the
Offshore Minerals Act 2000 ; or
(f) the
Petroleum (Submerged Lands) Act 1982 ; or
(g) the
Petroleum and Geothermal Energy Act 2000 ; or
(h) the
Petroleum Products Regulation Act 1995 ; or
(i)
any other Act brought within the ambit of this definition
by the regulations; or
(j) a
law of another Australian jurisdiction corresponding, or substantially
corresponding, to this Act; or
(k) a
law of another Australian jurisdiction brought within the ambit of this
definition by the regulations;
"dangerous incident", in Part 3—see section 37;
"demolition" includes deconstruction;
"Department" means the administrative unit of the Public Service that is,
under the Minister, responsible for the administration of this Act;
"design", in relation to plant, a substance or a structure includes—
(a)
design of part of the plant, substance or structure; and
(b)
redesign or modify a design;
"disclose", in relation to information, includes divulge or communicate to any
person or publish;
"discriminatory conduct", in Part 6—see section 105;
"document" includes record;
"emergency services worker" means—
(a) a
police officer; or
(b) a
member of the South Australian Metropolitan Fire Service, the South Australian
Country Fire Service or the South Australian State Emergency Service; or
(c) a
fire control officer appointed under the Fire and Emergency Services
Act 2005 ; or
(d) the
State Co-ordinator or an authorised officer under the Emergency Management
Act 2004 ; or
(e) a
person brought within the ambit of this definition by the regulations;
"employee record", in relation to an employee, has the same meaning as it has
in the Privacy Act 1988 of the Commonwealth;
"employer organisation" means—
(a) an
employer organisation that is registered, or taken to be registered, under the
Fair Work (Registered Organisations) Act 2009 of the Commonwealth; or
(b) an
association of employers that is registered or recognised as such an
association (however described) under a State or Territory industrial law;
"engage in conduct" means doing an act or omitting to do an act;
"Executive Director" means the person for the time being holding, or acting
in, the position of Executive Director under Schedule 5 clause 3;
"Fair Work Act" means the Fair Work Act 2009 of the Commonwealth;
"handling" includes transport;
"health" means physical and psychological health;
"health and safety duty"—see section 30;
"health and safety representative", in relation to a worker, means the
health and safety representative elected under Part 5 for the work group
of which the worker is a member;
"import" means to bring into the jurisdiction from outside Australia;
"industrial manslaughter offence"—see section 30A;
"inspector" means an inspector appointed under Part 9;
"internal reviewer" means—
(a) the
regulator; or
(b) a
person appointed by the regulator under section 225;
"local authority" means a council under the Local Government Act 1999 ;
"Magistrates Court" means the Magistrates Court of South Australia;
"medical treatment" means treatment by a medical practitioner registered under
the Health Practitioner Regulation National Law to practise in the medical
profession (other than as a student);
"notifiable incident"—see section 35;
"officer" means—
(a) an
officer within the meaning of section 9 of the Corporations Act 2001 of
the Commonwealth other than a partner in a partnership; or
(b) an
officer of the Crown within the meaning of section 247; or
(c) an
officer of a public authority within the meaning of section 252,
other than an elected member of a local authority acting in that capacity;
"official of a union", in Part 7—see section 116;
"personal information" has the same meaning as it has in the Privacy Act 1988
of the Commonwealth;
"person conducting a business or undertaking"—see section 5;
"plant" includes—
(a) any
machinery, equipment, appliance, container, implement and tool; and
(b) any
component of any of those things; and
(c)
anything fitted or connected to any of those things;
"prohibited reason", in Part 6—see section 106;
"public authority" means—
(a) an
agency or instrumentality of the Crown; or
(b) an
administrative unit or department within the Public Service of this or any
other State, or of the Commonwealth;
"reasonably practicable", in relation to a duty to ensure health and
safety—see section 18;
"regulator" means the Executive Director;
"relevant person conducting a business or undertaking", in
Part 7—see section 116;
"relevant union", in Part 7—see section 116;
"relevant worker", in Part 7—see section 116;
"representative"—
(a) in
relation to a person conducting a business or undertaking, means—
(i)
an employer organisation representing the person
conducting the business or undertaking; or
(ii)
any other person that the person conducting the business
or undertaking authorises to represent them; and
(b) in
relation to a worker, means—
(i)
the health and safety representative for the worker; or
(ii)
a union entitled to represent the industrial interests of
the worker; or
(iii)
any other person that the worker authorises to represent
them;
"review committee" means a review committee constituted under Schedule 4;
"RTWSA" means the Return to Work Corporation of South Australia;
"SAET" means the South Australian Employment Tribunal established under the
South Australian Employment Tribunal Act 2014 ;
"serious injury or illness", in Part 3—see section 36;
"State" includes Territory;
"State or Territory industrial law" has the same meaning as it has in the
Fair Work Act;
"structure" means anything that is constructed, whether fixed or moveable,
temporary or permanent, and includes—
(a)
buildings, masts, towers, framework, pipelines, transport infrastructure and
underground works (shafts or tunnels); and
(b) any
component of a structure; and
(c) part
of a structure;
"substance" means any natural or artificial substance, whether in the form of
a solid, liquid, gas or vapour;
"supply"—see section 6;
"this Act" includes the regulations;
"union" means—
(a) an
employee organisation that is registered, or taken to be registered, under the
Fair Work (Registered Organisations) Act 2009 of the Commonwealth; or
(b) an
association of employees or independent contractors, or both, that is
registered or recognised as such an association (however described) under a
State or Territory industrial law;
"volunteer" means a person who is acting on a voluntary basis (irrespective of
whether the person receives out-of-pocket expenses);
"WHS entry permit" means a WHS entry permit issued under Part 7;
"WHS entry permit holder" means a person who holds a WHS entry permit;
"WHS undertaking" means an undertaking given under section 216(1);
"work group" means a work group determined under Part 5;
"worker"—see section 7;
"workplace"—see section 8.
(2) For the purposes
of Part 2, a person engages in conduct with
"gross negligence" if the conduct involves—
(a) such
a great falling short of the standard of care that a reasonable person would
exercise in the circumstances; and
(b) such
a high risk of causing the death or serious injury or illness of an
individual,
that the conduct merits criminal punishment for the offence.
(3) For the purposes
of Part 2, a person is "reckless" as to the risk to an individual of
death or serious injury or illness if—
(a) the
person is aware of a substantial risk that death or serious injury or illness
will happen; and
(b)
having regard to the circumstances known to the person, it is unjustifiable to
take the risk.
(4) For the purposes
of Part 2, the question of whether taking a risk is unjustifiable is a
question of fact.