Work Health and Safety Act 2011

This Act is the Work Health and Safety Act 2011.

Division 1.2 Object

The main object of this Act is to provide for a balanced and nationally consistent framework to secure the health and safety of workers and workplaces by—

protecting workers and other persons against harm to their health, safety and welfare through the elimination or minimisation of risks arising from work or from specified types of substances or plant; and

providing for fair and effective workplace representation, consultation, cooperation and issue resolution in relation to work health and safety; and

encouraging unions and employer organisations to take a constructive role in promoting improvements in work health and safety practices, and assisting persons conducting businesses or undertakings and workers to achieve a healthier and safer working environment; and

promoting the provision of advice, information, education and training in relation to work health and safety; and

securing compliance with this Act through effective and appropriate compliance and enforcement measures; and

ensuring appropriate scrutiny and review of actions taken by persons exercising powers and performing functions under this Act; and

providing a framework for continuous improvement and progressively higher standards of work health and safety; and

maintaining and strengthening the national harmonisation of laws relating to work health and safety and to facilitate a consistent national approach to work health and safety in the ACT.

Note A reference to an Act includes a reference to statutory instruments made or in force under the Act, including a regulation and any law or instrument applied, adopted or incorporated by the Act (see Legislation Act, s 104).

In furthering subsection (1) (a), regard must be had to the principle that workers and other persons should be given the highest level of protection against harm to their health, safety and welfare from hazards and risks arising from work or from specified types of substances or plant as is reasonably practicable.

Division 1.3 Interpretation

Subdivision 1.3.1 Definitions

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.

For example, the signpost definition ‘employee record, in relation to an employee—see the Privacy Act 1988 (Cwlth), section 6 (1).’ means that the term ‘employee record’ is defined in that section and the definition applies to this Act.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

Subdivision 1.3.2 Other important terms

For the purposes of this Act, a person conducts a business or undertaking—

whether the person conducts the business or undertaking alone or with others; and

whether or not the business or undertaking is conducted for profit or gain.

A business or undertaking conducted by a person includes a business or undertaking conducted by a partnership or an unincorporated association.

If a business or undertaking is conducted by a partnership (other than an incorporated partnership), a reference in this Act to a person conducting the business or undertaking is to be read as a reference to each partner in the partnership.

A person does not conduct a business or undertaking to the extent that the person is engaged solely as a worker in, or as an officer of, that business or undertaking.

A regulation may specify the circumstances in which a person may be taken not to be a person who conducts a business or undertaking for the purposes of this Act or any provision of this Act.

A volunteer association does not conduct a business or undertaking for the purposes of this Act.

In this section:

volunteer association means a group of volunteers working together for 1 or more community purposes where none of the volunteers, whether alone or jointly with any other volunteers, employs any person to carry out work for the volunteer association.

A supply of a thing includes a supply and a resupply of the thing by way of sale, exchange, lease, hire or hire‑purchase, whether as principal or agent.

A supply of a thing occurs on the passing of possession of the thing to the person or an agent of the person to be supplied.

A supply of a thing does not include—

the return of possession of a thing to the owner of the thing at the end of a lease or other agreement; or

a prescribed supply.

A financier is taken not to supply plant, a substance or a structure for the purposes of this Act if—

the financier has, in the course of the financier’s business as a financier, acquired ownership of, or another right in, the plant, substance or structure on behalf of a customer of the financier; and

the action by the financier, that would be a supply but for this subsection, is taken by the financier for, or on behalf of, that customer.

If subsection (4) applies, the person (other than the financier) who had possession of the plant, substance or structure immediately before the financier’s customer obtained possession of the plant, substance or structure is taken for the purposes of this Act to have supplied the plant, substance or structure to the financier’s customer.

A person is a worker if the person carries out work in any capacity for a person conducting a business or undertaking, including work as—

an employee; or

a contractor or subcontractor; or

an employee of a contractor or subcontractor; or

an employee of a labour hire company who has been assigned to work in the person’s business or undertaking; or

an outworker; or

an apprentice or trainee; or

a student gaining work experience; or

a volunteer; or

a person of a prescribed class.

Note Power to make a regulation includes power to make different provision for different classes (see Legislation Act, s 48).

For the purposes of this Act, a police officer is—

a worker; and

at work throughout the time when the officer is on duty or lawfully performing the functions of a police officer, but not otherwise.

The person conducting the business or undertaking is also a worker if the person is an individual who carries out work in that business or undertaking.

A workplace is a place where work is carried out for a business or undertaking and includes any place where a worker goes, or is likely to be, while at work.

In this section:

place includes—

a vehicle, vessel, aircraft or other mobile structure; and

any waters and any installation on land, on the bed of any waters or floating on any waters.

An example at the foot of a provision forms part of this Act.

Note The Legislation Act, s 126 and s 132, deals with examples.

A note at the foot of a provision forms part of this Act.

Subsection (2) displaces the Legislation Act 2001, section 127 (Material that is not part of Act or statutory instrument).

Division 1.4 Application of Act

This Act binds the Crown in right of the Territory and, in so far as the legislative power of the Legislative Assembly permits, the Crown in all its other capacities.

The Territory is liable for an offence against this Act.

Without limiting subsection (1), the Territory is liable for a contravention of a WHS civil penalty provision.

The Criminal Code 2002, part 2.7 (Geographical application) extends the application of a territory law that creates an offence beyond the territorial limits of the ACT (and Australia) if the required geographical nexus exists for the offence.

The duties under this Act in relation to hazardous chemicals are in addition to duties in relation to them under any other law in force in the ACT.

Note 1 A reference to an Act includes a reference to statutory instruments made or in force under the Act, including any regulation and any law or instrument applied, adopted or incorporated by the Act (see Legislation Act, s 104).

Note 2 Other legislation in force in the ACT relating to hazardous chemicals includes the following:

 Dangerous Goods (Road Transport) Act 2009

 Emergencies Act 2004

 Environment Protection Act 1997

 Medicines, Poisons and Therapeutic Goods Act 2008.

Note 3 See the Emergencies Act 2004 for provisions relating to hazardous materials incidents (which may include dangerous occurrences).

Note 4 See the Dangerous Goods (Road Transport) Act 2009 for the transport by road of certain hazardous chemicals that are classified as dangerous goods under that Act.

A duty or power under another territory law in relation to a work health and safety matter has no effect to the extent that it is inconsistent with a duty under this Act in relation to the same matter.

However, a duty or power under another territory law in relation to a work health and safety matter must not be taken to be inconsistent with a duty under this Act to the extent that they can operate concurrently.

In this section:

hazardous chemical—see the Work Health and Safety Regulation 2011, dictionary.

Schedule 1 provides for the application of this Act to dangerous goods and high risk plant.