Australian Capital Territory Numbered Acts

WORK SAFETY ACT 2008 (NO. 51 OF 2008)

TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY

   1.      Name of Act  
   2.      Commencement  
   3.      Dictionary  
   4.      Notes  
   5.      Offences against Act—application of Criminal Code etc  

   PART 2--OPERATION OF ACT

           Division 2.1--Objects and important concepts

   6.      Objects of Act  
   7.      Meaning of work safety  
   8.      Meaning of risk  
   9.      Meaning of worker  
   10.     Meaning of employer  
   11.     Meaning of business or undertaking  
   12.     Meaning of workplace  
   13.     Meaning of person in control  
   14.     Meaning of manages risk  
   15.     Meaning of reasonably practicable steps  

           Division 2.2--Complying with Act

   16.     Person may have more than 1 duty under Act  
   17.     Person not relieved of duty because someone else also has same  
   18.     Codes of practice  
   19.     Approved code of practice may be considered  
   20.     Relationship of regulations to approved codes of practice  

   PART 3--WORK SAFETY DUTIES

           Division 3.1--Duties to manage risk

   21.     Duty—safe conduct of business or undertaking  
   22.     Duty—person in control of premises  
   23.     Duty—person in control of plant or system etc  
   24.     Duty—person in control of design  
   25.     Duties—person in control of manufacture  
   26.     Duties—person in control of import and supply  
   27.     Duties—worker  
   28.     Duty—at workplace  

           Division 3.2--Work safety risks—failure to comply with duties

   29.     Meaning of safety duty—div 3.2  
   30.     Failure to comply with safety duty—general  
   31.     Failure to comply with safety duty—negligent exposure to substantial risk of  
   32.     Failure to comply with safety duty—reckless exposure to substantial risk of  
   33.     Failure to comply with safety duty—negligently cause serious harm  
   34.     Failure to comply with safety duty—recklessly cause serious harm  
   35.     Alternative verdicts for failure to comply with safety duty  

           Division 3.3--Work safety risks—serious events

   36.     Meaning of serious event—div 3.3  
   37.     Meaning of dangerous occurrence  
   38.     Notice of serious events  
   39.     Records of serious events  
   40.     Reporting under other legislation  
   41.     Person in control to protect site of occurrence of serious event  

           Division 3.4--Work safety risks—other matters

   42.     Workers' right to refuse  
   43.     Person in control not to discriminate  
   44.     Interfering with safety equipment  
   45.     Person not to levy employees  

   PART 4--WORKPLACE ARRANGEMENTS

           Division 4.1--Duty of employer to consult

   46.     Meaning of worker consultation unit  
   47.     Duty to consult  
   48.     Duty to consult—employer to establish worker consultation  
   49.     Worker consultation unit—how unit established  
   50.     Worker consultation unit—election  
   51.     Worker consultation unit—changes  
   52.     Worker consultation unit—review  
   53.     Worker consultation unit—employer to keep records  
   54.     Duty to consult—deciding how workers to be consulted  
   55.     Duty to consult—chief executive may direct election of health and safety  
   56.     Duty to consult—consulting workers  
   57.     Dispute resolution—mechanism  

           Division 4.2--Health and safety representative

   58.     Health and safety representative—functions  
   59.     Health and safety representative—protection from liability  

           Division 4.3--Health and safety committee

   60.     Health and safety committee—functions  

           Division 4.4--Authorised representatives—entry to workplace

   61.     Definitions—div 4.4  
   62.     Authorised representative  
   63.     Authorised representative—entry to workplace  
   64.     Authorised representative—notice of entry  
   65.     Authorised representative—production of authorisation  
   66.     Authorised representative—powers available on entry  
   67.     Authorised representative—damage etc to be minimised  
   68.     Authorised representative—compensation for exercise of function  
   69.     Authorised representative—occupier to be told about findings  

           Division 4.5--Authorised representative—offences

   70.     Authorised representative—offences by registered organisations  
   71.     Authorised representative—pretending  
   72.     Authorised representative—obstructing etc  

   PART 5--ENFORCEMENT POWERS

           Division 5.1--General

   73.     Definitions—pt 5  

           Division 5.2--General powers of inspectors

   74.     Power to enter premises  
   75.     Premises that are vehicles  
   76.     Production of identity card by inspectors  
   77.     Consent to entry by inspectors  
   78.     General powers of inspectors for premises  
   79.     General powers of inspectors for public places  
   80.     Offence—contravention of requirement by inspector  
   81.     Power to take action to prevent imminent risk  
   82.     Report about action to prevent imminent risk  
   83.     Recovery of Territory's costs for action to prevent imminent  
   84.     Power of entry etc in relation to serious event  
   85.     Power to seize things  
   86.     Action in relation to seized thing  
   87.     Power to destroy unsafe things  
   88.     Power to require name and address  
   89.     Power to require production of authorisation  

           Division 5.3--Search warrants

   90.     Warrants generally  
   91.     Warrants—application made other than in person  
   92.     Search warrants—announcement before entry  
   93.     Details of search warrant to be given to occupier etc  
   94.     Occupier entitled to be present during search etc  
   95.     Moving things to another place for examination or processing under search  
   96.     Use of electronic equipment at premises  
   97.     Person with knowledge of computer to assist access etc  
   98.     Securing electronic equipment  
   99.     Copies of seized things to be provided  

           Division 5.4--Return and forfeiture of things seized

   100.    Receipt for things seized  
   101.    Access to things seized  
   102.    Return of things seized  
   103.    Application for order disallowing seizure  
   104.    Order for return of seized thing  
   105.    Adjournment pending hearing of other proceedings  
   106.    Forfeiture of seized things  
   107.    Return of forfeited things  
   108.    Cost of disposal of things forfeited  

           Division 5.5--Taking and analysing samples

   109.    Inspector may buy samples without complying with div 5.5  
   110.    Occupier etc to be told sample to be analysed  
   111.    Payment for samples  
   112.    Samples from packaged substances  
   113.    Procedures for dividing samples  
   114.    Exceptions to s 113  
   115.    Certificates of analysis by authorised analysts  

           Division 5.6--Other enforcement provisions

   116.    Damage etc to be minimised  
   117.    Compensation for exercise of function by inspector  

   PART 6--COMPLIANCE MEASURES

           Division 6.1--Interpretation—pt 6

   118.    Meaning of responsible person—pt 6  

           Division 6.2--Information and documents

   119.    Chief executive may require answers to questions and production of  
   120.    Compliance with notice to produce  
   121.    Failure to attend before chief executive or produce documents  
   122.    Attendance before chief executive—offences  
   123.    Privileges against selfincrimination and exposure to civil penalties  

           Division 6.3--Compliance agreements

   124.    Meaning of relevant responsible person—div 6.3  
   125.    Inspector may seek compliance agreement  
   126.    Term of compliance agreement  
   127.    Compliance agreement not admission of fault etc  
   128.    Notification and display of compliance agreements  
   129.    Compliance agreement not to be removed etc  

           Division 6.4--Improvement notices

   130.    Meaning of relevant responsible person—div 6.4  
   131.    Giving improvement notices  
   132.    Contents of improvement notices  
   133.    Scope of improvement notices  
   134.    Extension of time for compliance with improvement notices  
   135.    Notification and display of improvement notices  
   136.    Improvement notice not to be removed etc  
   137.    Revocation of improvement notice on compliance  
   138.    Contravention of improvement notices  

           Division 6.5--Prohibition notices

   139.    Definitions—div 6.5  
   140.    Giving prohibition notices  
   141.    Contents of prohibition notices  
   142.    Scope of prohibition notices  
   143.    Extension of time for inspection etc  
   144.    Notification and display of prohibition notices  
   145.    Prohibition notice not to be removed etc  
   146.    Ending of prohibition notices for contravention of Act etc  
   147.    Request for reinspection  
   148.    Revocation on reinspection  
   149.    Ending of prohibition notices given for inspection etc  
   150.    Contravention of prohibition notices  
   151.    Request for compensation for prohibition notice  
   152.    Compensation for prohibition notice  

           Division 6.6--Enforceable undertakings

   153.    Definitions—div 6.6  
   154.    Making of safety undertakings  
   155.    Acceptance of safety undertaking  
   156.    Withdrawal from or amendment of enforceable undertaking  
   157.    Term of enforceable undertaking  
   158.    Safety undertaking not admission of fault etc  
   159.    Contravention of enforceable undertakings  

           Division 6.7--Injunctions

   160.    Injunctions to restrain offences against Act  
   161.    Enforcement of injunctions  
   162.    Amendment or discharge of injunctions  
   163.    Interim injunctions—undertakings about damages  
   164.    Magistrates Court's other powers not limited  

           Division 6.8--Public sector workplace compliance measures

   165.    Meaning of public sector workplace—div 6.8  
   166.    Reporting certain failures to comply in public sector workplaces  
   167.    Notice of failure to comply with safety duty in public sector  
   168.    Notice of failure to comply—no failure found  
   169.    Notice of failure to comply—failure addressed  
   170.    Notice of failure to comply—failure not addressed  
   171.    Notice of noncompliance—annual report  
   172.    Annual report—additional compliance information  

   PART 7--ADMINISTRATIVE REVIEW OF DECISIONS

   173.    Definitions—pt 7  
   174.    Application—pt 7  
   175.    Notice of reviewable decisions  
   176.    Internal review of certain decisions  
   177.    Applications for internal review  
   178.    Internal review  
   179.    Review of decisions by ACAT  

   PART 8--ADMINISTRATION

   180.    Inspectors  
   181.    Identity cards  
   182.    Protection of officials from liability  
   183.    Ministerial directions to chief executive  

   PART 9--WORK SAFETY COUNCIL

           Division 9.1--Establishment, functions and powers

   184.    Establishment  
   185.    Functions  

           Division 9.2--Constitution and meetings

   186.    Membership  
   187.    Terms of appointment  
   188.    Appointment of chair and deputy chair  
   189.    Leave  
   190.    Disclosure of interest  
   191.    Reporting of disclosed council interests to Minister  
   192.    Ending appointment of council member  
   193.    Calling meetings  
   194.    Presiding member at council meetings  
   195.    Quorum at council meetings  
   196.    Voting at council meetings  
   197.    Conduct of council meetings etc  
   198.    Protection of council members from liability  

           Division 9.3--Advisory committees

   199.    Establishment  

   PART 10--WORK SAFETY COMMISSIONER

   200.    Appointment of commissioner  
   201.    Functions  
   202.    Retirement  
   203.    Removal of commissioner  
   204.    Suspension and removal of commissioner  
   205.    Ministerial directions to commissioner  
   206.    Staff  
   207.    Delegation by commissioner  

   PART 11--CHIEF EXECUTIVE AND COMMISSIONER REPORTS

   208.    Chief executive's annual report  
   209.    Additional reports by chief executive  
   210.    Commissioner's half-yearly reports  

   PART 12--INFORMATION AND EVIDENCE

   211.    Use of protected information  
   212.    Presumptions about substances  
   213.    Evidence of analysts  
   214.    Power of court to order further analysis  
   215.    Appointment of authorised analysts  
   216.    Notice of code approvals  

   PART 13--PROCEEDINGS AND LIABILITY

   217.    Acts and omissions of representatives  
   218.    Private prosecution of offences  
   219.    Criminal liability of corporation officers  
   220.    Publication by chief executive of convictions etc  
   221.    Court-directed publicity for offences  
   222.    Remedial orders by courts for offences  
   223.    Court may order costs and expenses  
   224.    Court may order forfeiture  
   225.    Civil liability not affected  

   PART 14--MISCELLANEOUS

   226.    Electronic service  
   227.    Contracting out prohibited  
   228.    Determination of fees  
   229.    Approved forms  
   230.    Regulation-making power  
           DICTIONARY
           ENDNOTES