Definitions

Current

(1)

In this Act, unless the contrary intention appears—

advisory committee means the SafeWork

SA Advisory Committee established under Division 5;

approved code of practice means a code of practice approved under Part 14;

authorised, in Part 4—see section 40;

authorising authority means SAET;

Category

1 offence—see section 31;

Category

2 offence—see section 32;

Category

3 offence—see section 33;

compliance powers means the functions and powers conferred on an inspector under this

Act;

condition includes limitation and restriction;

construct includes assemble, erect, reconstruct, reassemble and re‑erect;

corresponding regulator means the holder of a public office, or a public authority, of the

Commonwealth, or of a State, who or which is responsible for administering a corresponding WHS law;

corresponding

WHS law means—

(a)

the

Dangerous

Substances Act 1979;

(b)

the

Explosives

Act 1936;

(c)

the

Fair

Work Act 1994;

(d)

the

Mines and Works Inspection Act 1920;

(e)

the

Offshore

Minerals Act 2000;

(f)

the

Petroleum (Submerged Lands) Act 1982;

(g)

the

Petroleum and Geothermal Energy Act 2000;

(h)

the

Petroleum

Products Regulation Act 1995;

(i)

any other Act brought within the ambit of this definition by the regulations; or

(j)

a law of another Australian jurisdiction corresponding, or substantially corresponding, to this Act; or

(k)

a law of another Australian jurisdiction brought within the ambit of this definition by the regulations;

dangerous incident, in Part 3—see section 37;

demolition includes deconstruction;

Department means the administrative unit of the Public Service that is, under the Minister, responsible for the administration of this Act;

design, in relation to plant, a substance or a structure includes—

(a)

design of part of the plant, substance or structure; and

(b)

redesign or modify a design;

disclose, in relation to information, includes divulge or communicate to any person or publish;

discriminatory conduct, in Part 6—see section 105;

document includes record;

emergency services worker means—

(a)

a police officer; or

(b)

a member of the South Australian Metropolitan Fire Service, the South

Australian Country Fire Service or the South Australian State

Emergency Service; or

(c)

a fire control officer appointed under the Fire and Emergency Services Act 2005;

(d)

the

State Co‑ordinator or an authorised officer under the

Emergency

Management Act 2004;

(e)

a person brought within the ambit of this definition by the regulations;

employee record, in relation to an employee, has the same meaning as it has in the

Privacy

Act 1988 of the Commonwealth;

employer organisation means—

(a)

an employer organisation that is registered, or taken to be registered, under the Fair

Work (Registered Organisations) Act 2009 of the Commonwealth; or

(b)

an association of employers that is registered or recognised as such an association (however described) under a State or Territory industrial law;

engage in conduct means doing an act or omitting to do an act;

Executive

Director means the person for the time being holding, or acting in, the position of Executive Director under Schedule 5 clause 3;

Fair

Work Act means the Fair

Work Act 2009 of the Commonwealth;

handling includes transport;

health means physical and psychological health;

health and safety duty—see section 30;

health and safety representative, in relation to a worker, means the health and safety representative elected under Part 5 for the work group of which the worker is a member;

import means to bring into the jurisdiction from outside Australia;

industrial manslaughter offence—see section 30A;

inspector means an inspector appointed under Part 9;

internal reviewer means—

(a)

the regulator; or

(b)

a person appointed by the regulator under section 225;

local authority means a council under the Local

Government Act 1999;

Magistrates

Court means the Magistrates Court of South Australia;

medical treatment means treatment by a medical practitioner registered under the

Health

Practitioner Regulation National Law to practise in the medical profession (other than as a student);

notifiable incident—see section 35;

officer means—

(a)

an officer within the meaning of section 9 of the Corporations

Act 2001 of the Commonwealth other than a partner in a partnership; or

(b)

an officer of the Crown within the meaning of section 247;

(c)

an officer of a public authority within the meaning of section 252, other than an elected member of a local authority acting in that capacity;

official of a union, in Part 7—see section 116;

personal information has the same meaning as it has in the Privacy

Act 1988 of the Commonwealth;

person conducting a business or undertaking—see section 5;

plant includes—

(a)

any machinery, equipment, appliance, container, implement and tool; and

(b)

any component of any of those things; and

(c)

anything fitted or connected to any of those things;

prohibited reason, in Part 6—see section 106;

public authority means—

(a)

an agency or instrumentality of the Crown; or

(b)

an administrative unit or department within the Public Service of this or any other State, or of the Commonwealth;

reasonably practicable, in relation to a duty to ensure health and safety—see section 18;

regulator means the Executive Director;

relevant person conducting a business or undertaking, in Part 7—see section 116;

relevant union, in Part 7—see section 116;

relevant worker, in Part 7—see section 116;

representative—

(a)

in relation to a person conducting a business or undertaking, means—

(i)

an employer organisation representing the person conducting the business or undertaking; or

(ii)

any other person that the person conducting the business or undertaking authorises to represent them; and

(b)

in relation to a worker, means—

(i)

the health and safety representative for the worker; or

(ii)

a union entitled to represent the industrial interests of the worker;

(iii)

any other person that the worker authorises to represent them;

review committee means a review committee constituted under Schedule 4;

RTWSA means the Return to Work Corporation of South Australia;

SAET means the South Australian Employment Tribunal established under the

South

Australian Employment Tribunal Act 2014;

serious injury or illness, in Part 3—see section 36;

State includes Territory;

State or Territory industrial law has the same meaning as it has in the Fair Work Act;

structure means anything that is constructed, whether fixed or moveable, temporary or permanent, and includes—

(a)

buildings, masts, towers, framework, pipelines, transport infrastructure and underground works (shafts or tunnels); and

(b)

any component of a structure; and

(c)

part of a structure;

substance means any natural or artificial substance, whether in the form of a solid, liquid, gas or vapour;

supply—see section 6;

this

Act includes the regulations;

union means—

(a)

an employee organisation that is registered, or taken to be registered, under the Fair

Work (Registered Organisations) Act 2009 of the Commonwealth; or

(b)

an association of employees or independent contractors, or both, that is registered or recognised as such an association (however described) under a State or Territory industrial law;

volunteer means a person who is acting on a voluntary basis (irrespective of whether the person receives out‑of‑pocket expenses);

WHS entry permit means a WHS entry permit issued under Part 7;

WHS entry permit holder means a person who holds a WHS entry permit;

WHS undertaking means an undertaking given under section 216(1);

work group means a work group determined under Part 5;

worker—see section 7;

workplace—see section 8.

(2)

For the purposes of Part 2, a person engages in conduct with gross negligence if the conduct involves—

(a)

such a great falling short of the standard of care that a reasonable person would exercise in the circumstances; and

(b)

such a high risk of causing the death or serious injury or illness of an individual, that the conduct merits criminal punishment for the offence.

(3)

For the purposes of Part 2, a person is reckless as to the risk to an individual of death or serious injury or illness if—

(a)

the person is aware of a substantial risk that death or serious injury or illness will happen; and

(b)

having regard to the circumstances known to the person, it is unjustifiable to take the risk.

(4)

For the purposes of Part 2, the question of whether taking a risk is unjustifiable is a question of fact.

This Act’s bill:Second reading speech

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4 Definitions