Western Australian Current Acts

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           Long Title

   PART I -- Preliminary  

   1.      Short title
   2.      Commencement
   3.      Terms used
   3A.     Penalty levels defined
   3B.     Offences, first and subsequent
   4.      Application of this Act
   4A.     Act does not operate to affect adversely certain police operations
   5.      Objects

   PART II -- Commission for Occupational Safety and Health  

   6.      Commission, creation, membership of etc.
   6A.     Deputy chairperson
   7.      Acting members
   8.      Terms and conditions of appointed members
   9.      WorkSafe Western Australia Commissioner
   10.     Vacation of office
   11.     Leave of absence
   12.     Casual vacancies
   13.     Meetings of Commission
   14.     Functions of Commission
   14A.    Mining Industry Advisory Committee
   15.     Other advisory committees, appointment of etc.
   16.     Annual report
   17.     Staff to assist Commission
   18.     Commissioner and department

   PART III -- General provisions relating to occupational safety and health

           Division 1 -- Preliminary  

   18A.    Meaning of gross negligence in relation to certain breaches of this Part

           Division 2 -- General workplace duties  

   19.     Duties of employers
   19A.    Breaches of s. 19(1)
   20.     Duties of employees
   20A.    Breaches of s. 20(1) or (3)
   21.     Duties of employers and self-employed persons
   21A.    Breaches of s. 21
   21B.    Duty of body corporate to which s. 23D, 23E or 23F applies
   21C.    Breaches of s. 21B
   22.     Duties of persons who have control of workplaces
   22A.    Breaches of s. 22(1)
   23.     Duties of manufacturers etc.
   23AA.   Breaches of s. 23
   23A.    Prohibited activities in prescribed areas
   23B.    Breaches of s. 23A

           Division 3 -- Certain workplace situations to be treated as employment  

   23C.    Terms used
   23D.    Contract work arrangements
   23E.    Labour arrangements in general
   23F.    Labour hire arrangements

           Division 4 -- Duty relating to certain employment accommodation  

   23G.    Duty of employer to maintain safe premises
   23H.    Breaches of s. 23G

           Division 5 -- Other duties  

   23I.    Notification of deaths, injuries and diseases
   23J.    Breaches of s. 23I
   23K.    Duty to inform employee who reports hazard or injury
   23L.    Notification of hazard to person having control of workplace

           Division 6 -- Resolution of workplace issues, and refusal to work on grounds of risk  

   24.     Resolution of issues at workplace
   25.     Inspector may be notified where issues unresolved
   26.     Refusal by employees to work in certain cases
   27.     Assignment of other work
   28.     Entitlements to continue
   28A.    Offences -- refusal to work

   PART IV -- Safety and health representatives and committees

           Division 1 -- Safety and health representatives  

   29.     Notices requiring election of safety and health representatives
   30.     Consultation on matters relevant to elections
   30A.    Election scheme may be established
   30B.    What may be included in a scheme
   30C.    Appointment of further delegates may be required
   31.     Election of safety and health representatives
   32.     Terms of office of representatives
   33.     Functions of safety and health representatives
   34.     Disqualification of safety and health representatives
   35.     Duties of employers in relation to safety and health representatives
   35A.    Discrimination against safety and health representative in relation to employment
   35B.    Discrimination against safety and health representative in relation to contract for services
   35C.    Claims under s. 35A or 35B may be referred to Tribunal
   35D.    Remedies that Tribunal may grant

           Division 2 -- Safety and health committees  

   36.     Terms used
   37.     Employees to appoint representatives
   38.     When employer must establish safety and health committee
   39.     Request for establishment of safety and health committee
   39A.    Commissioner may decide if s. 39 request should be obeyed
   39B.    Employer may establish safety and health committee
   39C.    Safety and health committee, agreement as to members etc.
   39D.    Commissioner may determine matters for s. 39C agreement
   39E.    Functions of committee may cover more than one workplace
   39F.    Amendment of s. 39C agreement; abolition of committee
   39G.    Review of Commissioner’s decisions made under s. 39A, 39D or 39F
   40.     Functions of safety and health committees
   41.     Procedures

   PART V -- Inspectors  

   41A.    Terms used
   42.     Appointment of inspectors
   42A.    Appointment of restricted inspectors
   42B.    Functions of restricted inspector
   42C.    Certificate of appointment
   43.     Powers of inspectors
   44.     Interpreters
   45.     Notification by inspector
   46.     Samples
   47.     Offences

   PART VI -- Improvement and prohibition notices

           Division 1 -- Issue of notices by inspector  

   47A.    Terms used
   48.     Improvement notices, issue and effect of
   49.     Prohibition notices, issue and effect of
   50.     Notices may include directions
   50A.    Notices may be issued to Crown
   51.     Review of notices by Commissioner
   51AA.   Commissioner may cancel notice on own initiative
   51A.    Review of notices by Tribunal

           Division 2 -- Issue of provisional improvement notices by safety and health representative  

   51AB.   Term used: qualified representative
   51AC.   Provisional improvement notices, issue of
   51AD.   Consultation required before notice issued
   51AE.   Contents of notice
   51AF.   Notices may include directions
   51AG.   Failure to comply with notice
   51AH.   Review of notice by inspector

   PART VIA -- Safety and health magistrates  

   51B.    Safety and health magistrates
   51C.    Jurisdiction of safety and health magistrate
   51E.    Administrative arrangements

   PART VIB -- Occupational Safety and Health Tribunal  

   51F.    Terms used
   51G.    Industrial Relations Commission to be called Occupational Safety and Health Tribunal when exercising jurisdiction under this Act
   51H.    Jurisdiction to be exercised by commissioner with requisite qualifications
   51I.    Practice, procedure and appeals
   51J.    Conciliation
   51K.    Certain matters to be heard together

   PART VII -- Legal proceedings

           Division 1 -- General provisions  

   52.     Prosecutions
   53.     Evidentiary provisions
   54.     General penalty
   54A.    Continuing offences
   54B.    Appeals
   55.     Offences by bodies corporate
   55A.    No double jeopardy

           Division 2 -- Criminal proceedings against the Crown  

   55B.    Crown may be prosecuted
   55C.    Prosecution against body corporate
   55D.    Prosecution in other cases
   55E.    Provisions applicable to responsible agency
   55F.    Proceedings where agency has ceased to exist
   55G.    Penalties in proceedings against Crown

           Division 3 -- Undertaking by offender in lieu of payment of fine  

   55H.    Terms used
   55I.    Court may order offender to elect to pay fine or enter into undertaking
   55J.    Making of election
   55K.    Failure to enter into undertaking
   55L.    Time for payment of fines
   55M.    Nature and terms of undertaking
   55N.    What may be included in undertaking
   55O.    Effect of undertaking
   55P.    Failure to comply with undertaking
   55Q.    Amendment of undertaking
   55R.    Undertaking may be published

   PART VIII -- Miscellaneous  

   56.     Discrimination
   57.     Codes of practice
   57A.    Visitors to workplaces to comply with directions
   58.     Governor may transfer administration of certain laws to Minister
   59.     Protection of Commissioner etc. from personal liability
   60.     Regulations
   61A.    Review of Commissioner’s decisions under regulations
   61.      Review of Act
           SCHEDULE 1 -- Subject matter for regulations
           Compilation table

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