OCCUPATIONAL SAFETY AND HEALTH LEGISLATION AMENDMENT BILL 2007

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This is a Bill, not an Act. For current law, see the Acts databases.

OCCUPATIONAL SAFETY AND HEALTH LEGISLATION AMENDMENT BILL 2007

Western Australia

Occupational Safety and Health Legislation
Amendment Bill 2007

CONTENTS

Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Occupational Safety and
Health Act 1984 amended
3. The Act amended in this Part 3
4. Section 3 amended 3
5. Section 23D amended 3
6. Section 23E amended 3
7. Section 23F amended 4
8. Section 33 amended 4
9. Section 35 amended 4
10. Section 43 amended 4
11. Section 51A amended 4
12. Section 51G amended 4
13. Section 51H amended 5
14. Section 60 amended 5
15. Section 60A inserted 5
60A. Review of Commissioner's decisions
under the regulations 5
16. Schedule amended 6
Schedule 1 -- Subject matter for regulations

223--1 page i
Occupational Safety and Health Legislation Amendment Bill 2007

Contents

Part 3 -- Industrial Relations
Act 1979 amended
17. The Act amended in this Part 7
18. Section 8 amended 7
19. Section 16 amended 7

page ii
Western Australia

LEGISLATIVE ASSEMBLY

Occupational Safety and Health Legislation
Amendment Bill 2007

A Bill for

An Act to amend the Occupational Safety and Health Act 1984 and to
make related amendments to the Industrial Relations Act 1979.

The Parliament of Western Australia enacts as follows:

page 1
Occupational Safety and Health Legislation Amendment Bill 2007
Part 1 Preliminary

s. 1

Part 1 -- Preliminary
1. Short title
This is the Occupational Safety and Health Legislation
Amendment Act 2007.

5 2. Commencement
This Act comes into operation as follows:
(a) sections 1 and 2 -- on the day on which this Act
receives the Royal Assent ("assent day");
(b) sections 11, 12 and 15 -- on a day fixed by
10 proclamation;
(c) section 13 and Part 3 -- on the 28th day after assent day;
(d) the rest of the Act -- on the day after assent day.

page 2
Occupational Safety and Health Legislation Amendment Bill 2007
Occupational Safety and Health Act 1984 amended Part 2

s. 3

Part 2 -- Occupational Safety and Health
Act 1984 amended
3. The Act amended in this Part
The amendments in this Part are to the Occupational Safety and
5 Health Act 1984.

4. Section 3 amended
Section 3(4) is amended by deleting "Crown." and inserting
instead --
"
10 Crown and the Crown is to be treated as the employer
of a police officer.
".

5. Section 23D amended
(1) Section 23D(2) is amended by deleting "section 19 has" and
15 inserting instead --
" sections 19 and 19A have ".
(2) Section 23D(3) is amended by inserting after "apply" --
" and sections 20A, 23H and 23J have effect ".

6. Section 23E amended
20 (1) Section 23E(2) is amended by deleting "section 19 has" and
inserting instead --
" sections 19 and 19A have ".
(2) Section 23E(3) is amended by inserting after "apply" --
" , and sections 20A and 23J have effect, ".

page 3
Occupational Safety and Health Legislation Amendment Bill 2007
Part 2 Occupational Safety and Health Act 1984 amended

s. 7

7. Section 23F amended
(1) Section 23F(4) is amended by deleting "section 19 has" and
inserting instead --
" sections 19 and 19A have ".
5 (2) Section 23F(5) is amended by inserting after "apply" --
" , and sections 20A and 23J have effect, ".

8. Section 33 amended
Section 33(2) is amended by deleting "Part" and inserting
instead --
10 " Act ".

9. Section 35 amended
Section 35(1)(g) is amended by deleting "Part." and inserting
instead --
" Act. ".

15 10. Section 43 amended
Section 43(1)(k)(i)(II) is amended by deleting "39G(2)," and
inserting instead --
" 23G(2), ".

11. Section 51A amended
20 Section 51A(2) is amended by deleting "in the prescribed
form".

12. Section 51G amended
Section 51G(1) is amended by deleting "(3) and 51A(1)." and
inserting instead --
25 " (3), 51A(1) and 60A. ".

page 4
Occupational Safety and Health Legislation Amendment Bill 2007
Occupational Safety and Health Act 1984 amended Part 2

s. 13

13. Section 51H amended
(1) Section 51H(1) is amended by deleting paragraph (a) and "or"
after it and inserting instead --
"
5 (a) by the commissioner designated under
section 16(1b) of the Industrial Relations
Act 1979 to exercise the jurisdiction; or
".
(2) After section 51H(3) the following subsection is inserted --
10 "
(4) A person who is a commissioner may, even though the
person's designation has ceased to have effect under
section 16(1c) of the Industrial Relations Act 1979,
continue and complete the hearing and determination
15 of part-heard proceedings after another commissioner
has been designated under section 16(1b) of that Act.
".

14. Section 60 amended
Section 60(5) is amended by deleting "the Schedule." and
20 inserting instead --
" Schedule 1. ".

15. Section 60A inserted
After section 60 the following section is inserted --
"
25 60A. Review of Commissioner's decisions under the
regulations
(1) In this section --
"reviewable decision" means --
(a) a decision made under the regulations by the
30 Commissioner himself or herself; and

page 5
Occupational Safety and Health Legislation Amendment Bill 2007
Part 2 Occupational Safety and Health Act 1984 amended

s. 16

(b) a determination of the Commissioner on the
review, under the regulations, of a decision
made under the regulations by a person other
than the Commissioner, whether or not the
5 decision was made by that person as a
delegate of the Commissioner,
but does not include a decision made by a person
acting as a delegate of the Commissioner.
(2) A person who is not satisfied with a reviewable
10 decision may, within 14 days of receiving notice of the
decision, refer the decision to the Tribunal for review.
(3) On reference of a decision under subsection (2), the
Tribunal is to inquire into the circumstances relevant to
the decision and may --
15 (a) affirm the decision; or
(b) set aside the decision; or
(c) substitute for the decision any decision that the
Tribunal considers the Commissioner should
have made in the first instance.
20 (4) Pending the decision on a reference under this section,
the operation of the reviewable decision is to continue,
subject to any decision to the contrary made by the
Tribunal.
".

25 16. Schedule amended
The headings to the Schedule are deleted and the following is
inserted instead --
"
Schedule 1 -- Subject matter for regulations
30 [s. 60(5)]
".

page 6
Occupational Safety and Health Legislation Amendment Bill 2007
Industrial Relations Act 1979 amended Part 3

s. 17

Part 3 -- Industrial Relations Act 1979 amended
17. The Act amended in this Part
The amendments in this Part are to the Industrial Relations
Act 1979.

5 18. Section 8 amended
Section 8(2a) is amended as follows:
(a) by deleting all of the subsection before paragraph (a)
and inserting instead --
"
10 (2a) At least one commissioner who holds office under
subsection (2)(d) must, in addition to the other
attributes required for appointment, have --
";
(b) in paragraph (b) by deleting "that Act," and inserting
15 instead --
" the Occupational Safety and Health Act 1984, ";
(c) by deleting all of the subsection after paragraph (b) and
inserting instead --
"
20 sufficient for exercising the jurisdiction that the
commissioner designated under section 16(1b) is
required to exercise.
".

19. Section 16 amended
25 After section 16(1a) the following subsections are inserted --
"
(1b) The Chief Commissioner must, in writing, designate
one commissioner, who holds office under
section 8(2)(d) and who satisfies the additional
30 requirements referred to in section 8(2a), to exercise

page 7
Occupational Safety and Health Legislation Amendment Bill 2007
Part 3 Industrial Relations Act 1979 amended

s. 19

the jurisdiction conferred by the Occupational Safety
and Health Act 1984 section 51G.
(1c) Without affecting the Chief Commissioner's duty
under subsection (1b) to ensure that, at any one time,
5 one commissioner is designated, the Chief
Commissioner --
(a) may at or after the time when a commissioner is
designated under subsection (1b), in writing,
specify a date when the designation ceases to
10 have effect; and
(b) may, in writing, vary any date so specified.
(1d) The designation of a commissioner under
subsection (1b) to exercise the jurisdiction conferred by
the Occupational Safety and Health Act 1984
15 section 51G does not preclude the commissioner from
also performing other functions as a commissioner
under this Act.
(1e) On the commencement of the Occupational Safety and
Health Legislation Amendment Act 2007 section 19,
20 the commissioner whose appointment satisfies the
requirements of section 8(2a) is to be taken to be
designated under subsection (1b) to exercise the
jurisdiction conferred by the Occupational Safety and
Health Act 1984 section 51G.
25 ".

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