Occupational Health and Safety Act 2004

The Authority has the following functions—

to enquire into and report to the Minister on any matters referred to the Authority by the Minister (within the time specified by the Minister);

to make recommendations to the Minister with respect to—

the operation and administration of this Act and the regulations; and

regulations or compliance codes that the Minister or the Authority proposes should be made or approved under this Act; and

the establishment of public inquiries (if appropriate) into any matter relating to occupational health, safety and welfare;

to monitor and enforce compliance with this Act and the regulations;

to administer, examine, review and make recommendations concerning existing or proposed registration or licensing schemes relating to occupational health, safety and welfare;

to co‑operate with, and give advice and information to the following persons in relation to occupational health, safety and welfare—

corresponding Authorities;

registered employee organisations (within the meaning of Part 8) and other organisations representing employers or employees;

other interested persons;

to disseminate information about the duties, obligations and rights of persons under this Act or the regulations and to formulate standards, specifications or other forms of guidance for the purpose of assisting persons to comply with their duties and obligations;

to promote education and training by—

devising, in co-operation with educational and other bodies, courses in occupational health, safety and welfare; and

approving courses in occupational health, safety and welfare (whether or not devised in co-operation with another body); and

facilitating access to those courses; and

initiating or promoting events such as conferences and forums, and the publication of information, relating to occupational health, safety and welfare;

to foster a co-operative, consultative relationship between employers and their employees in relation to the health, safety and welfare of those employees;

to engage in, promote and co‑ordinate the sharing of information to achieve the objects of this Act;

to promote public awareness and discussion of occupational health, safety and welfare issues and an understanding and acceptance of the principles of health and safety protection set out in section 4;

to develop and implement programs to provide incentives for employers—

to implement measures to eliminate or reduce risks to health or safety; and

to otherwise improve occupational health, safety and welfare;

to monitor the operation of measures taken and arrangements put in place to ensure occupational health, safety and welfare;

to initiate and encourage research to identify efficient and effective strategies for improving occupational health, safety and welfare;

to collect and publish statistics relating to occupational health, safety and welfare.

The Authority also has such other functions as are conferred on it by or under this Act.

Before the Authority makes a recommendation to the Minister under subsection (1)(b)(ii) concerning a proposed compliance code, it must issue the proposed compliance code for public review and comment.

However, the Authority need not comply with subsection (3) if the Minister considers that it is in the public interest that the proposed compliance code be made as soon as practicable.

The Authority must ensure, as far as possible, that information it gives is in a form and in such languages as is appropriate for the persons to whom it is directed.