Work Health and Safety Regulation 2011

This regulation is the Work Health and Safety Regulation 2011.

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

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

For example, the signpost definition ‘VET course—see the National Vocational Education and Training Regulator Act 2011 (Cwlth).’ means that the term ‘VET course’ is defined in that Act and the definition applies to this regulation.

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

Strict liability applies to each physical element of each offence under this regulation unless otherwise stated in the section containing the offence.

Other legislation applies in relation to offences against this regulation.

Note Criminal Code

The Criminal Code, ch 2 applies to all offences against this regulation (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note Terms used in this regulation have the same meaning that they have in the Work Health and Safety Act 2011 (see Legislation Act, s 148). See also the dictionary, note 3.

Note This chapter does not apply to the manufacture of plant (see s 289 (c) (i)).

For the purposes of the Act, section 6 (3) (b) (Meaning of supply), a supply of a thing does not include the supply of a thing by a person who does not control the supply and has no authority to make decisions about the supply.

Examples

1 an auctioneer who auctions a thing without having possession of the thing

2 a real estate agent acting in his or her capacity as a real estate agent

If a note at the foot of a provision of this regulation states ‘WHS Act’ followed by a reference to a section number, the regulation provision sets out the way in which a person’s duty or obligation under that section of the Act is to be performed in relation to the matters and to the extent set out in the regulation provision.

Note 1 A failure to comply with a duty or obligation under a section of the Act mentioned in a ‘WHS Act’ note is an offence to which a penalty applies.

Note 2 A note at the foot of a provision forms part of this regulation (see Act, s 9).

For the Act, dictionary, definition of corresponding WHS law, the following laws are prescribed:

Note A reference to an Act includes a reference to any regulation or statutory instrument made or in force under the Act (see Legislation Act, s 104).

Note A reference to a repealed Act includes a reference to any regulation or statutory instrument made under that Act (see Legislation Act, s 104).

The following provisions of the Act are excluded from the operation of the Act, schedule 1 (Application of Act to dangerous goods and high risk plant):

Dangerous goods under the ADG Code listed in table 328, column 2, are prescribed as dangerous goods if the quantity of the goods at the premises at or in which the goods are stored or handled is more than the relevant threshold for the goods mentioned in table 328, column 3.

A duty imposed on a person under a provision of this regulation in relation to health and safety does not limit or affect any duty the person has under the Act or, unless otherwise expressly provided, any other provision of this regulation.

If this regulation requires an assessment of risks to health and safety associated with a hazard, task, thing or circumstance, an assessment of risks associated with a class of hazards, tasks, things or circumstances may be conducted if—