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OCCUPATIONAL HEALTH AND SAFETY ACT 2004


TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purposes  
   2.      Objects  
   3.      Commencement  
   4.      The principles of health and safety protection  
   5.      Definitions  
   6.      Act binds the Crown  

   PART 2--THE AUTHORITY

           Division 1--General functions and powers

   7.      Functions of the Authority  
   8.      Powers of the Authority  

           Division 2--Power to obtain information

   9.      Power to obtain information  
   10.     Restrictions on disclosure of information  
   11.     Circumstances in which information may be disclosed  

           Division 3--Power to make guidelines

   12.     Power to make guidelines  
   13.     How guidelines are made  
   14.     Withdrawal of guidelines  
   15.     Guidelines do not affect rights and duties etc.  

           Division 4--Power to accept undertakings relating to contraventions

   16.     Authority may accept undertakings  
   17.     Enforcement of undertakings  

           Division 5--Power to give advice on compliance

   18.     Power to give advice on compliance  

           Division 6--Occupational Health and Safety Advisory Committee

   19.     Occupational Health and Safety Advisory Committee  

   PART 3--GENERAL DUTIES RELATING TO HEALTH AND SAFETY

           Division 1--The concept of ensuring health and safety

   20.     The concept of ensuring health and safety  

           Division 2--Main duties of employers

   21.     Duties of employers to employees  
   22.     Duties of employers to monitor health and conditions etc.  
   23.     Duties of employers to other persons  

           Division 3--Duties of self-employed persons

   24.     Duties of self-employed persons to other persons  

           Division 4--Duties of employees

   25.     Duties of employees  

           Division 5--Duties of other persons

   26.     Duties of persons who manage or control workplaces  
   27.     Duties of designers of plant  
   28.     Duties of designers of buildings or structures  
   29.     Duties of manufacturers of plant or substances  
   30.     Duties of suppliers of plant or substances  
   31.     Duties of persons installing, erecting or commissioning plant  
   32.     Duty not to recklessly endanger persons at workplaces  

           Division 6--Other matters

   33.     Single charge for multiple contraventions of certain duties  
   34.     Civil liability not affected by this Part  

   PART 4--DUTY OF EMPLOYERS TO CONSULT

   35.     Duty of employers to consult with employees  

   PART 5--DUTIES RELATING TO INCIDENTS

   37.     Incidents to which this Part applies  
   38.     Duty to notify of incidents  
   39.     Duty to preserve incident sites  

   PART 6--LICENCES, REGISTRATION, PERMITS AND OTHER REQUIREMENTS

   40.     Requirements for licence or registration  
   41.     Requirements for prescribed qualifications or experience  
   42.     Requirements for permit or certificate of competency  

   PART 7--REPRESENTATION OF EMPLOYEES

           Division 1--Grouping of employees

   43.     Establishment of designated work groups  
   44.     Negotiation of agreement concerning designated work groups  
   45.     Determination by inspector of unresolved particulars  
   46.     Matters to be taken into account  

           Division 2--Grouping of employees of multiple employers

   47.     Establishment of designated work groups of multiple employers  
   48.     Negotiation of agreement for designated work groups of multiple employers  
   49.     Matters to be taken into account  
   50.     Guidelines for negotiations involving multiple employers  
   51.     Withdrawal from negotiations or agreement involving multiple employers  
   52.     Effect of Division on other arrangements  

           Division 3--Prohibition on coercion relating to designated work groups

   53.     Prohibition on coercion  

           Division 4--Health and safety representatives

   54.     Election of health and safety representatives  
   55.     Term of office  
   56.     Disqualification of health and safety representatives  
   57.     Deputy health and safety representatives  

           Division 5--Powers of health and safety representatives

   58.     Powers of health and safety representatives  
   59.     Powers generally limited to the particular designated work group  
   60.     Provisional improvement notices  
   61.     Provisional improvement notices may include directions  
   62.     Offence to contravene a provisional improvement notice  
   63.     Attendance of inspector at workplace after issue of provisional improvement notice  
   64.     Service of provisional improvement notice or inspector's notice  
   65.     Formal irregularities or defects in provisional improvement notices  
   66.     Proceedings for offences not affected by notices  

           Division 6--Obligations of employers to health and safety representatives

   67.     Obligation to train health and safety representatives  
   68.     Obligation to share costs if multiple employers  
   69.     Other obligations of employers to health and safety representatives  
   70.     Obligation to persons assisting health and safety representatives  
   71.     Obligation to keep list of health and safety representatives  

           Division 7--Health and safety committees

   72.     Health and safety committees  

           Division 8--Resolution of health and safety issues

   73.     Resolution of health and safety issues  
   74.     Direction to cease work  
   75.     Inspector may be required to attend workplace  

           Division 9--Discrimination against employees or prospective employees

   76.     Prohibition on discrimination  
   77.     Accused bears onus of proof  
   78.     Order for damages or reinstatement  
   78A.    Prohibition of discriminatory conduct  
   78B.    Prohibited reasons  
   78C.    Prohibition of authorising or assisting discriminatory conduct  
   78D.    Civil action for discriminatory conduct  
   78E.    Procedure for actions for discriminatory conduct  

   PART 8--AUTHORISED REPRESENTATIVES OF REGISTERED EMPLOYEE ORGANISATIONS

           Division 1--Definitions

   79.     Definitions relating to registered employee organisations  

           Division 2--Entry permits

   80.     Limit on number of entry permits held by authorised representatives  
   81.     Who may hold an entry permit  
   82.     Courses of training for authorised representatives  
   83.     Issue of entry permits  
   84.     Expiry of entry permits  
   85.     Revocation and disqualification  
   86.     Return of expired or revoked entry permits  

           Division 3--Entry by authorised representatives

   87.     Entry powers of authorised representatives  
   88.     Announcement on entry  
   89.     Powers on entry  
   90.     Limitations on exercise of powers  

           Division 4--Offences relating to authorised representatives

   91.     Offences by authorised representatives  
   92.     Loss or damage caused by authorised representative  
   93.     Offence to obstruct etc. authorised representative  
   94.     Offence to impersonate authorised representative  

   PART 9--INSPECTORS AND ENFORCEMENT

           Division 1--Appointment of inspectors

   95.     Appointment of inspectors  
   96.     Identity cards  

           Division 2--Performance of functions or exercise of powers

   97.     Inspectors subject to Authority's directions  

           Division 3--Powers relating to entry

   98.     Power to enter  
   99.     General powers on entry  
   100.    Power to require production of documents and answers to questions  
   101.    Power to take samples  

           Division 4--Procedure relating to entry

   102.    Announcement on entry  
   103.    Report to be given about entry  

           Division 5--Search warrants

   104.    Issue of search warrants  
   105.    Announcement before entry on warrant  
   106.    Copy of warrant to be given to occupier  

           Division 6--Limitation on entry powers

   107.    Places used for residential purposes  

           Division 7--Return and forfeiture of seized things

   108.    Return of seized things  
   109.    Forfeiture of seized things  

           Division 8--Powers to issue notices

   110.    Power to issue non-disturbance notice  
   111.    Power to issue improvement notice  
   112.    Power to issue prohibition notice  
   113.    Directions or conditions in notices  
   114.    Variation or cancellation of notices  
   115.    Service of notices  
   116.    Formal irregularities or defects in notices  
   117.    Proceedings for offences not affected by notices  
   118.    Injunctions for non-compliance with notices  

           Division 9--Other powers

   119.    Power to require name and address  
   120.    Power to give directions  

           Division 10--Other matters

   121.    Persons who must assist inspector  
   122.    Other assistance in exercising powers  
   123.    Inspector may take affidavits  
   124.    Inspector may copy documents  

           Division 11--Offences

   125.    Offences in relation to inspections  
   126.    Offence to impersonate inspector  

   PART 10--REVIEW OF DECISIONS

   127.    Which decisions are reviewable  
   128.    Internal review  
   129.    Review by the Tribunal  

   PART 11--LEGAL PROCEEDINGS

           Division 1--General matters

   130.    Proceedings may be brought by the Authority or inspectors  
   131.    Procedure if prosecution is not brought  
   132.    Limitation period for prosecutions  
   133.    Judicial notice of Minister's signature etc.  
   134.    Evidence of certain matters  

           Division 2--Sentencing for offences

   135.    Adverse publicity orders  
   136.    Orders to undertake improvement projects  
   137.    Release on the giving of a health and safety undertaking  
   138.    Variation or contravention of orders under section 137  

           Division 3--Infringement notices

   139.    Infringement notices  

           Division 4--Offences by bodies corporate

   143.    Imputing conduct to bodies corporate  
   144.    Liability of officers of bodies corporate  

           Division 5--Offences by partnerships and unincorporated bodies or associations

   145.    Liability of officers of partnerships and unincorporated bodies or associations  

           Division 6--Proceedings against the Crown

   146.    Responsible agency for the Crown  
   147.    Infringement and other notices may be issued to the Crown  
   148.    Proceedings against successors to public bodies  

   PART 12--COMPLIANCE CODES

   149.    Compliance codes  
   150.    Effect of compliance codes  
   151.    Disallowance of certain compliance code orders  

   PART 13--OTHER MATTERS

   151A.   Contributions by non-WorkCover employers to the WorkCover Authority Fund  
   151B.   Provision of return by non-WorkCover employers  
   151C.   Authority may require non-WorkCover employer to provide further information  
   151D.   Authority may require information from non-WorkCover employers  
   151E.   Authority may require non-WorkCover employer to facilitate the provision of information  
   151F.   Application of sections 151A to 151E  
   152.    Effect of compliance with regulations or compliance codes  
   153.    Offence to give false or misleading information  
   154.    Protection against self-incrimination  
   155.    Legal professional privilege and client legal privilege not affected  
   156.    Delegation by the Minister  
   157.    Responsibility for activities carried out under the Offshore Petroleum and Greenhouse Gas Storage Act  
   158.    Regulations  

   PART 14--REPEAL OF OLD ACT AND TRANSITIONAL PROVISIONS

           Division 1--Repeal of Occupational Health and Safety Act 1985

   159.    Repeal  

           Division 2--Transitional provisions

   160.    Definition of old Act  
   161.    No effect on Interpretation of Legislation Act 1984  
   162.    Limitation on duties of designers of buildings or structures  
   163.    Continuation of designated work groups  
   164.    Continuation of health and safety representatives  
   165.    Continuation of health and safety committees  
   166.    Continuation of inspectors  
   167.    Inspectors' powers relating to offences committed before commencement  
   168.    Use of codes of practice in proceedings  
   169.    Treatment of improvement notices, prohibition notices and certain directions  
   170.    Things done under the old Act  
   171.    Proceedings for offences against old Act  

           Division 1--of Part 11 applies to proceedings for an offence against the old Act that are commenced on or after the commencement of this Part.

   172.    Continuation of certain regulations  
   173.    Occupational Health and Safety (Asbestos) Regulations 2003  
   174.    Occupational Health and Safety (Major Hazard Facilities) Regulations 2000  
   175.    Offences against certain regulations  
   176.    Regulations dealing with transitional matters  
   177.    Proceedings for contravention of section 78A or 78C  

   PART 15--TRANSITIONAL PROVISIONS

           Division 1--WorkSafe Legislation Amendment Act 2017

   178.    Definitions  
   179.    Amendment of section 16 (Authority may accept undertakings)  
   180.    Amendment of section 38 (Duty to notify incidents)  
   181.    Amendment of section 39 (Duty to preserve incident sites)  
   182.    Amendment of section 64 (Service of provisional improvement notice or inspector's notice)  
   183.    Amendment of section 100 (Power to require production of documents etc.)  
   184.    Amendment of section 115 (Service of notices)  
   185.    Amendment of section 132 (Limitation period for prosecutions)  
   186.    Amendment of section 153 (Offence to give false or misleading information)  
           ENDNOTES


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