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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
________________________________________________________________________
WORKPLACE SAFETY (ADDITIONAL MEASURES) BILL 2008
________________________________________________________________________
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CONTENTS
1. Short title
2. Commencement
3. Interpretation
4. Object of Act
PART 1 - ADMINISTRATION
5. Authorised officers
6. Offence to hinder, &c. authorised officers
7. Duties of authorised officers
8. Powers of authorised officers
9. Immunity
PART 2 - ENDANGERMENT IN THE WORKPLACE
10. Obstruction of a person entering or leaving a workplace
11. Creation of health or safety fears, risks or hazards in workplace
12. Endangering safety of, or interfering with, operations
13. Conspiracy or incitement to commit an offence
PART 3 - MISCELLANEOUS
14. Offences by body corporate and partnerships, &c.
15. Prosecution of offences
16. Saving of civil remedies
17. Other laws relating to trespass, &c. not affected
18. Regulations
19. Administration of Act
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WORKPLACE SAFETY (ADDITIONAL MEASURES) BILL 2008
(Brought in by Jeremy Page Rockliff)
A BILL FOR
An Act to improve the protection and safety of workers and other persons by
making it an offence to approach a workplace with the intention of causing a fear,
risk or hazard, or to damage equipment in a workplace and for related purposes
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and
consent of the Legislative Council and House of Assembly, in Parliament assembled, as
follows:
1. Short title
This Act may be cited as the Workplace Safety (Additional
Measures) Act 2008.
2. Commencement
This Act commences on the day on which it receives the Royal
Assent.
3. Interpretation
(1) In this Act, unless the contrary intention appears -
"authorised officer" means a person authorised under section 5;
"equipment" means any apparatus, machine, materials, motor
vehicle, plant, substances, tools, trailer or other appliance, and any
accessories, fittings or other property attached thereto being used
in the course of employment;
"interfere with" means adulterate, attach to, climb onto, deface,
disable, mark, lock, impede, obstruct, paint, sabotage or tamper
with.
"police officer" has the same meaning as in the Police Service Act
2003;
"regulations" means the regulations made and in force under this
Act;
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"Secretary" means the Secretary of the Department;
"worker" means a natural person who is engaged under a contract
of service, however described, and includes a person who performs
work gratuitously for another person or body corporate,
organisation or entity;
"workplace" means any premises or place (including any mine,
aircraft, vessel or vehicle) where an employee, contractor or self-
employed person is or was employed or engaged in industry;
(2) For the avoidance of doubt, a workplace includes any place where
a person is employed.
4. Object of Act
The object of this Act is to enhance and protect the health and
safety of people working in workplaces and other persons, and to
prevent the unlawful disruption of such workplaces.
PART 1 - ADMINISTRATION
Authorised officers
5. Authorised officers
The following are authorised officers under this Act -
(a) a police officer;
(b) an inspector appointed under section 34 of the
Workplace Health and Safety Act 1995;
(c) the Director of Industry Safety appointed under
section 33 of the Workplace Health and Safety Act
1995;
(d) a State Service officer or employee appointed or
employed within the Department who has been
appointed by the Secretary as an authorised officer
under this Act;
(e) a State Service officer or employee appointed or
employed in another Agency who has been
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appointed by the Secretary, with the consent of the
Head of that Agency, as an authorised officer.
6. Offence to hinder, &c. authorised officers
A person commits an offence if the person -
(a) hinders or obstructs an authorised officer, or a
person assisting an authorised officer, in the
exercise of powers conferred by this Act; or
(b) refuses or fails to comply with a requirement or
direction of an authorised officer; or
(c) when required by an authorised officer to answer a
question, refuses or fails to answer the question to
the best of the person's knowledge, information and
belief; or
(d) falsely represents, by words or conduct, that he or
she is an authorised officer.
Penalty: A fine not exceeding 50 penalty units.
7. Duties of authorised officers
An authorised officer must not, without lawful authority,
unreasonably refuse to provide evidence of identity and
authorisation when so required.
Penalty: A fine not exceeding 10 penalty units.
8. Powers of authorised officers
(1) Subject to subsection (3) a police officer acting under this Act has
the powers set out in Part VII of the Police Offences Act 1935.
(2) Subject to subsection (4) any other authorised officer acting under
this Act has the powers set out in Part 6 of the Workplace Health
and Safety Act 1995.
(3) Additional powers may be conferred on authorised officers by
regulation.
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9. Immunity
Any action or proceeding does not lie against a person -
(2) who is acting in good faith in the exercise or purported exercise of
a power or in the performance or purported performance of a
function under this Act; or
(3) who is acting in accordance with any instructions, or under the
direction of an authorised officer.
PART 2 - ENDANGERMENT IN THE WORKPLACE
10. Obstruction of a person entering or leaving a workplace
A person commits an offence if the person, without reasonable excuse,
prevents another person lawfully entering or leaving a workplace in the
course of that person's employment.
Penalty: A fine not exceeding 100 penalty units.
11. Disruption of workplace by creating health or safety fears, risks or
hazards
A person commits an offence if the person intentionally, recklessly or
without reasonable excuse -
(1) creates a fear or apprehension of danger to the health or safety of
people at a workplace with the intention of causing a disruption to
work at that place;
(2) Subject to subsection (4) any other authorised officer acting under
this Act has the powers set out in Part 6 of the Workplace Health
and Safety Act 1995.
(3) creates a risk or hazard (or the appearance of a risk or hazard) to
the health or safety of people at a workplace with the intention of
causing a disruption to work at that place.
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Penalty:
In the case of -
(a) A body corporate, a fine not exceeding 500 penalty
units; and
(b) A natural person, a fine not exceeding 250 penalty
units.
12. Endangering safety of, or interfering with, equipment
A person who intentionally, recklessly or without reasonable excuse -
(a) endangers safety or disrupts a workplace by
approaching equipment that is, or is to be, in a
workplace; or
(b) destroys, damages, removes, prevents or hampers the
operation of, or otherwise interferes with equipment
that is, or is to be, in a workplace; or
is guilty of an offence.
Penalty: A fine not exceeding 250 penalty units or a term of
imprisonment not exceeding 2 years, or both.
PART 3 - MISCELLANEOUS
13. Conspiracy or incitement to commit an offence
A person must not conspire with, or incite, another person or persons to
commit an offence under this Act.
Penalty:
In the case of -
(a) a body corporate, a fine not exceeding 500 penalty
units; and
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(b) a natural person, a fine not exceeding 250 penalty
units, or a term of imprisonment not exceeding 2
years, or both.
16. Offences by body corporate and partnerships, &c.
(1) If a body corporate commits an offence against this Act, each
person who is a director or is concerned in the management of the
body corporate is also guilty of the offence and liable to the
penalty for it.
Penalty: A fine not exceeding 250 penalty units, or a term of
imprisonment not exceeding 2 years, or both.
(2) It is a defence to a charge brought under subsection (1) against a
person who is the director, or is concerned in the management, of a
corporation if that person proves that -
(a) the commission of the offence by the body
corporate occurred without the knowledge of the
person; or
(b) the person was not in a position to influence the
conduct of the body corporate in relation to the
commission of the offence; or
(c) the person, being in such a position, used all
reasonable diligence to prevent the commission of
the offence by the body corporate; or
(d) the body corporate would not have been found
guilty of the offence because of a defence available
under this Act.
(3) A person who is a director, or is concerned in the management, of
a body corporate may, by virtue of subsection (1), be proceeded
against and be convicted of an offence whether or not the body
corporate has been proceeded against or convicted in respect of the
offence.
(4) When in any proceedings under this Act it is necessary to establish
the intention of a body corporate, it is sufficient to show that an
employee or agent of the body corporate had that intention.
(5) If a person who is a partner in a partnership commits an offence
against this Act in the course of the activities of the partnership,
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each other person who is a partner in the partnership is also guilty
of the offence and liable to the penalty for it.
(6) If a person who is concerned in the management of an
unincorporated association commits an offence against this Act in
the course of the activities of the unincorporated association, each
other person who is at the time of the commission of the offence
concerned in the management of the unincorporated association is
also guilty of the offence and liable to the penalty for it.
(7) It is a defence to a charge brought under subsection (5) or (6) if the
person charged proves that -
(a) the commission of the offence occurred without the
knowledge of the person; or
(b) the person was not in a position to influence the conduct of
the person who committed the offence; or
(c) the person, being in such a position, used all reasonable
diligence to prevent the commission of the offence; or
(d) the person who committed the offence would not have been
found guilty of the offence because of a defence available
under this Act.
15. Prosecution of offences
(1) An offence against this Act is an indictable offence.
(2) However, a court of summary jurisdiction may hear and determine
proceedings for any offence against this Act if the court is satisfied
that it is proper to do so and the defendant and the prosecutor
consent.
16. Saving of civil remedies
No proceeding against or conviction of any person for an offence against
this Act shall affect any civil right or remedy available against that person
independently of this Act.
17. Other laws relating to trespass, &c. not affected
For the avoidance of doubt, nothing in this Act shall restrict or affect the
operation of any other law of Tasmania relating to trespass or public
nuisance or loss of, or damage to property.
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18. Regulations
(1) The Governor may make regulations for the purposes of this Act.
(2) The regulations may be made subject to such conditions, or be
made so as to apply differently to any class of persons according to
such factors, as may be specified in them or according to such
limitations or restrictions, whether as to time or circumstances or
otherwise, as may be so specified.
(3) The regulations may authorise any matter to be from time to time
determined, applied or regulated by the Secretary or the Director of
Industry Safety.
(4) The regulations may provide that it is an offence, punishable on
summary conviction, for a person to contravene any of them and
may provide in respect of any such offence for the imposition of a
fine not exceeding 100 penalty units and, in the case of a
continuing offence, a further fine not exceeding 5 penalty units for
each day during which the offence continues.
(5) The regulations may contain provisions of a savings or transitional
nature consequent on the enactment of this Act.
19. Administration of Act
Until provision is made in relation to this Act by order under section 4 of
the Administrative Arrangements Act 1990 the administration of this Act is
assigned to the Minister for Planning and Workplace Relations.
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