Work Health and Safety Act 2011

The Minister may approve a code of practice for the purposes of this Act and may vary or revoke an approved code of practice.

The Minister may only approve, vary or revoke a code of practice under subsection (1) if that code of practice, variation or revocation was developed by a process that involved consultation between:

the Governments of the Commonwealth and each State and Territory; and

unions; and

employer organisations.

A code of practice may apply, adopt or incorporate any matter contained in a document formulated, issued or published by a person or body whether:

with or without modification; or

as in force at a particular time or from time to time.

Subsection (4) is included in some jurisdictions to deal with publication and commencement of an approved code of practice. Under this Act, an approved code of practice is a legislative instrument (see section 273B(1)) and so will be registered on the Federal Register of Legislation and commence in accordance with section 12 of the Legislation Act 2003.

As soon as practicable after approving a code of practice, or varying or revoking an approved code of practice, the Minister must ensure that notice of the approval, variation or revocation is published in a newspaper circulating generally throughout the Commonwealth.

The regulator must ensure that a copy of:

each code of practice that is currently approved; and

each document applied, adopted or incorporated (to any extent) by an approved code of practice;