Work Health and Safety Act 2012

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.

An approval of a code of practice, or a variation or revocation of an approved code of practice, takes effect when notice of it is published in the Gazette or on such later date as is specified in the approval, variation or revocation.

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 the Gazette and a newspaper circulating generally throughout the State.

A notice under this section is not – a statutory rule within the meaning of the Rules Publication Act 1953; or subordinate legislation for the purposes of the Subordinate Legislation Act 1992.

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 – is available for inspection by members of the public without charge at the office of the regulator during normal business hours.