Work Health and Safety Act 2011: Duties and Rights of Officers, Workers and Other Persons, Slides of Law

Download Work Health and Safety Act 2011: Duties and Rights of Officers, Workers and Other Persons and more Slides Law in PDF only on Docsity! Prepared by the Office of Parliamentary Counsel, Canberra Work Health and Safety Act 2011 No. 137, 2011 Compilation No. 8 Compilation date: 20 September 2017 Includes amendments up to: Act No. 93, 2017 Registered: 21 September 2017 Authorised Version C2017C00305 registered 21/09/2017 About this compilation This compilation This is a compilation of the Work Health and Safety Act 2011 that shows the text of the law as amended and in force on 20 September 2017 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law. Self-repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Authorised Version C2017C00305 registered 21/09/2017 Work Health and Safety Act 2011 iii Compilation No. 8 Compilation date: 20/9/17 Registered: 21/9/17 Part 4—Authorisations 47 40 Meaning of authorised..................................................................... 47 41 Requirements for authorisation of workplaces ................................ 47 42 Requirements for authorisation of plant or substance ...................... 47 43 Requirements for authorisation of work .......................................... 48 44 Requirements for prescribed qualifications or experience ............... 48 45 Requirement to comply with conditions of authorisation ................ 49 Part 5—Consultation, representation and participation 50 Division 1—Consultation, co-operation and co-ordination between duty holders 50 46 Duty to consult with other duty holders ........................................... 50 Division 2—Consultation with workers 51 47 Duty to consult workers ................................................................... 51 48 Nature of consultation ..................................................................... 51 49 When consultation is required ......................................................... 52 Division 3—Health and safety representatives 53 Subdivision 1—Request for election of health and safety representatives 53 50 Request for election of health and safety representative .................. 53 Subdivision 2—Determination of work groups 53 51 Determination of work groups ......................................................... 53 52 Negotiations for agreement for work group ..................................... 53 53 Notice to workers ............................................................................ 54 54 Failure of negotiations ..................................................................... 55 Subdivision 3—Multiple-business work groups 56 55 Determination of work groups of multiple businesses ..................... 56 56 Negotiation of agreement for work groups of multiple businesses ........................................................................................ 56 57 Notice to workers ............................................................................ 57 58 Withdrawal from negotiations or agreement involving multiple businesses .......................................................................... 58 59 Effect of Subdivision on other arrangements ................................... 58 Subdivision 4—Election of health and safety representatives 59 60 Eligibility to be elected .................................................................... 59 61 Procedure for election of health and safety representatives ............. 59 62 Eligibility to vote ............................................................................. 59 63 When election not required .............................................................. 60 Authorised Version C2017C00305 registered 21/09/2017 iv Work Health and Safety Act 2011 Compilation No. 8 Compilation date: 20/9/17 Registered: 21/9/17 64 Term of office of health and safety representative........................... 60 65 Disqualification of health and safety representatives ....................... 60 66 Immunity of health and safety representatives ................................ 61 67 Deputy health and safety representatives ......................................... 61 Subdivision 5—Powers and functions of health and safety representatives 62 68 Powers and functions of health and safety representatives .............. 62 69 Powers and functions generally limited to the particular work group ............................................................................................... 64 Subdivision 6—Obligations of person conducting business or undertaking to health and safety representatives 64 70 General obligations of person conducting business or undertaking ...................................................................................... 64 71 Exceptions from obligations under section 70(1) ............................ 66 72 Obligation to train health and safety representatives ....................... 67 73 Obligation to share costs if multiple businesses or undertakings .................................................................................... 69 74 List of health and safety representatives .......................................... 69 Division 4—Health and safety committees 71 75 Health and safety committees .......................................................... 71 76 Constitution of committee ............................................................... 71 77 Functions of committee ................................................................... 72 78 Meetings of committee .................................................................... 72 79 Duties of person conducting business or undertaking ...................... 73 Division 5—Issue resolution 74 80 Parties to an issue ............................................................................ 74 81 Resolution of health and safety issues ............................................. 74 82 Referral of issue to regulator for resolution by inspector ................. 75 Division 6—Right to cease or direct cessation of unsafe work 76 83 Definition of cease work under this Division .................................. 76 84 Right of worker to cease unsafe work ............................................. 76 85 Health and safety representative may direct that unsafe work cease ................................................................................................ 76 86 Worker to notify if ceases work ....................................................... 77 87 Alternative work .............................................................................. 77 88 Continuity of engagement of worker ............................................... 78 89 Request to regulator to appoint inspector to assist ........................... 78 Authorised Version C2017C00305 registered 21/09/2017 Work Health and Safety Act 2011 v Compilation No. 8 Compilation date: 20/9/17 Registered: 21/9/17 Division 7—Provisional improvement notices 79 90 Provisional improvement notices .................................................... 79 91 Provisional improvement notice to be in writing ............................. 80 92 Contents of provisional improvement notice ................................... 80 93 Provisional improvement notice may give directions to remedy contravention ...................................................................... 80 94 Minor changes to provisional improvement notice .......................... 81 95 Issue of provisional improvement notice ......................................... 81 96 Health and safety representative may cancel notice ........................ 81 97 Display of provisional improvement notice ..................................... 81 98 Formal irregularities or defects in notice ......................................... 82 99 Offence to contravene a provisional improvement notice ............... 82 100 Request for review of provisional improvement notice ................... 82 101 Regulator to appoint inspector to review notice .............................. 83 102 Decision of inspector on review of provisional improvement notice ............................................................................................... 83 Division 8—Part not to apply to prisoners 84 103 Part does not apply to prisoners ....................................................... 84 Part 6—Discriminatory, coercive and misleading conduct 85 Division 1—Prohibition of discriminatory, coercive or misleading conduct 85 104 Prohibition of discriminatory conduct ............................................. 85 105 What is discriminatory conduct ....................................................... 85 106 What is a prohibited reason ............................................................. 86 107 Prohibition of requesting, instructing, inducing, encouraging, authorising or assisting discriminatory conduct ............................... 88 108 Prohibition of coercion or inducement ............................................ 88 109 Misrepresentation ............................................................................ 89 Division 2—Criminal proceedings in relation to discriminatory conduct 90 110 Proof of discriminatory conduct ...................................................... 90 111 Order for compensation or reinstatement ........................................ 90 Division 3—Civil proceedings in relation to discriminatory or coercive conduct 92 112 Civil proceedings in relation to engaging in or inducing discriminatory or coercive conduct .................................................. 92 113 Procedure for civil actions for discriminatory conduct .................... 93 Authorised Version C2017C00305 registered 21/09/2017 viii Work Health and Safety Act 2011 Compilation No. 8 Compilation date: 20/9/17 Registered: 21/9/17 Division 3—Powers relating to entry 121 Subdivision 1—General powers of entry 121 163 Powers of entry .............................................................................. 121 164 Notification of entry ...................................................................... 121 165 General powers on entry ................................................................ 122 165A Powers relating to electronic equipment ........................................ 123 165B Expert assistance to operate electronic equipment......................... 124 166 Persons assisting inspectors ........................................................... 125 Subdivision 2—Search warrants 125 167 Search warrants ............................................................................. 125 168 Announcement before entry on warrant ........................................ 126 169 Copy of warrant to be given to person with management or control of place .............................................................................. 127 Subdivision 3—Limitation on entry powers 127 170 Places used for residential purposes .............................................. 127 Subdivision 4—Specific powers on entry 128 171 Power to require production of documents and answers to questions ........................................................................................ 128 172 Abrogation of privilege against self-incrimination ........................ 129 173 Warning to be given ...................................................................... 129 174 Powers to copy and retain documents ............................................ 130 175 Power to seize evidence etc. .......................................................... 130 176 Inspector’s power to seize dangerous workplaces and things ........ 131 177 Powers supporting seizure ............................................................. 131 178 Receipt for seized things................................................................ 132 179 Forfeiture of seized things ............................................................. 133 180 Return of seized things .................................................................. 134 181 Access to seized things .................................................................. 135 Division 4—Damage and compensation 136 182 Damage etc. to be minimised......................................................... 136 183 Inspector to give notice of damage ................................................ 136 184 Compensation ................................................................................ 136 Division 5—Other matters 138 185 Power to require name and address ............................................... 138 186 Inspector may take affidavits ......................................................... 138 187 Attendance of inspector at coronial inquests ................................. 139 Authorised Version C2017C00305 registered 21/09/2017 Work Health and Safety Act 2011 ix Compilation No. 8 Compilation date: 20/9/17 Registered: 21/9/17 Division 6—Offences in relation to inspectors 140 188 Offence to hinder or obstruct inspector ......................................... 140 189 Offence to impersonate inspector .................................................. 140 190 Offence to assault, threaten or intimidate inspector ....................... 140 Part 10—Enforcement measures 141 Division 1—Improvement notices 141 191 Issue of improvement notices ........................................................ 141 192 Contents of improvement notices .................................................. 141 193 Compliance with improvement notice ........................................... 142 194 Extension of time for compliance with improvement notices ........ 142 Division 2—Prohibition notices 143 195 Power to issue prohibition notice .................................................. 143 196 Contents of prohibition notice ....................................................... 143 197 Compliance with prohibition notice .............................................. 144 Division 3—Non-disturbance notices 145 198 Issue of non-disturbance notice ..................................................... 145 199 Contents of non-disturbance notice ............................................... 145 200 Compliance with non-disturbance notice ....................................... 146 201 Issue of subsequent notices ............................................................ 146 Division 4—General requirements applying to notices 147 202 Application of Division ................................................................. 147 203 Notice to be in writing ................................................................... 147 204 Directions in notices ...................................................................... 147 205 Recommendations in notice ........................................................... 147 206 Changes to notice by inspector ...................................................... 147 207 Regulator may vary or cancel notice ............................................. 148 208 Formal irregularities or defects in notice ....................................... 148 209 Issue and giving of notice .............................................................. 148 210 Display of notice ........................................................................... 149 Division 5—Remedial action 150 211 When regulator may carry out action ............................................ 150 212 Power of the regulator to take other remedial action ..................... 150 213 Costs of remedial or other action ................................................... 150 Division 6—Injunctions 151 214 Application of Division ................................................................. 151 215 Injunctions for noncompliance with notices .................................. 151 Authorised Version C2017C00305 registered 21/09/2017 x Work Health and Safety Act 2011 Compilation No. 8 Compilation date: 20/9/17 Registered: 21/9/17 Part 11—Enforceable undertakings 152 216 Regulator may accept WHS undertakings ..................................... 152 217 Notice of decision and reasons for decision .................................. 152 218 When a WHS undertaking is enforceable ...................................... 152 219 Compliance with WHS undertaking .............................................. 153 220 Contravention of WHS undertaking .............................................. 153 221 Withdrawal or variation of WHS undertaking ............................... 154 222 Proceeding for alleged contravention ............................................ 154 Part 12—Review of decisions 155 Division 1—Reviewable decisions 155 223 Which decisions are reviewable .................................................... 155 Division 2—Internal review 161 224 Application for internal review ...................................................... 161 225 Internal reviewer ............................................................................ 161 226 Decision of internal reviewer......................................................... 161 227 Decision on internal review ........................................................... 162 228 Stays of reviewable decisions on internal review .......................... 162 Division 3—External review 164 229 Application for external review ..................................................... 164 Part 13—Legal proceedings 165 Division 1—General matters 165 230 Prosecutions................................................................................... 165 231 Procedure if prosecution is not brought ......................................... 165 232 Limitation period for prosecutions ................................................ 167 233 Multiple contraventions of health and safety duty provision ......... 168 Division 2—Sentencing for offences 169 234 Application of this Division .......................................................... 169 235 Orders generally ............................................................................ 169 236 Adverse publicity orders ................................................................ 169 237 Orders for restoration .................................................................... 170 238 Work health and safety project orders ........................................... 170 239 Release on the giving of a court-ordered WHS undertaking.......... 171 240 Injunctions ..................................................................................... 171 241 Training orders .............................................................................. 172 242 Offence to fail to comply with order ............................................. 172 Authorised Version C2017C00305 registered 21/09/2017 Work Health and Safety Act 2011 xiii Compilation No. 8 Compilation date: 20/9/17 Registered: 21/9/17 Schedule 3—Regulation-making powers 206 1 Duties ............................................................................................ 206 2 Incidents ........................................................................................ 206 3 Plant, substances or structures ....................................................... 206 4 Protection and welfare of workers ................................................. 207 5 Hazards and risks ........................................................................... 207 6 Records and notices ....................................................................... 207 7 Authorisations ............................................................................... 208 8 Work groups .................................................................................. 208 9 Health and safety committees and health and safety representatives ............................................................................... 208 10 Issue resolution .............................................................................. 209 11 WHS entry permits ........................................................................ 209 12 Identity cards ................................................................................. 209 13 Forfeiture ....................................................................................... 209 14 Review of decisions ....................................................................... 209 Endnotes 211 Endnote 1—About the endnotes 211 Endnote 2—Abbreviation key 213 Endnote 3—Legislation history 214 Endnote 4—Amendment history 216 Authorised Version C2017C00305 registered 21/09/2017 Authorised Version C2017C00305 registered 21/09/2017 Preliminary Part 1 Introduction Division 1 Section 1 Work Health and Safety Act 2011 1 Compilation No. 8 Compilation date: 20/9/17 Registered: 21/9/17 An Act relating to work health and safety, and for related purposes Part 1—Preliminary Division 1—Introduction 1 Short title This Act may be cited as the Work Health and Safety Act 2011. 2 Commencement This Act commences on 1 January 2012. Authorised Version C2017C00305 registered 21/09/2017 Part 1 Preliminary Division 3 Interpretation Section 4 4 Work Health and Safety Act 2011 Compilation No. 8 Compilation date: 20/9/17 Registered: 21/9/17 Category 3 offence—see section 33. Comcare means the body corporate established under section 68 of the Safety, Rehabilitation and Compensation Act 1988. Commonwealth includes any person or body, other than a public authority, that is a non-corporate Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013). 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 a regulator under a corresponding WHS law. corresponding WHS law means each of the following: (a) the Work Health and Safety Act 2011 of New South Wales; (b) the Occupational Health and Safety Act 2004 of Victoria; (c) the Work Health and Safety Act 2011 of Queensland; (d) the Occupational Safety and Health Act 1984 of Western Australia; (e) the Work Health and Safety Act 2012 of South Australia; (f) the Work Health and Safety Act 2012 of Tasmania; (g) the Work Health and Safety Act 2011 of the Australian Capital Territory; (h) the Work Health and Safety (National Uniform Legislation) Act of the Northern Territory; (i) any other law of a State or Territory prescribed by the regulations. court means: (a) the Federal Court of Australia; and (b) the Federal Circuit Court of Australia; and Authorised Version C2017C00305 registered 21/09/2017 Preliminary Part 1 Interpretation Division 3 Section 4 Work Health and Safety Act 2011 5 Compilation No. 8 Compilation date: 20/9/17 Registered: 21/9/17 (c) the Supreme Court of a State or of the Australian Capital Territory or the Northern Territory; and (d) a court of a State or Territory prescribed by the regulations for the purposes of section 273A. dangerous incident, in Part 3—see section 37. demolition includes deconstruction. 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 member of 1 of the following: (i) a police force or service; (ii) a fire service; (iii) an ambulance service; (iv) a coast guard service, rescue service or emergency service; (v) any other organisation prescribed by the regulations for the purposes of this subparagraph; or (b) a member of the Defence Force who is engaged in civil emergency or disaster relief operations; or (c) a person who is an emergency services worker under a corresponding WHS law. employee record, in relation to an employee, has the same meaning as it has in the Privacy Act 1988. employer organisation means an organisation of employers. Authorised Version C2017C00305 registered 21/09/2017 Part 1 Preliminary Division 3 Interpretation Section 4 6 Work Health and Safety Act 2011 Compilation No. 8 Compilation date: 20/9/17 Registered: 21/9/17 engage in conduct means doing an act or omitting to do an act. Fair Work Act means the Fair Work Act 2009. Fair Work Commission means the body continued in existence under section 575 of the Fair Work Act 2009. 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. Immigration and Border Protection Secretary means the Secretary of the Department administered by the Minister administering the Australian Border Force Act 2015. import means to bring into the jurisdiction from outside Australia. 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. legal practitioner means a person who is admitted to the legal profession by a federal court or a Supreme Court of a State or Territory. local authority means a local authority under a corresponding WHS law. medical treatment means treatment by a medical practitioner registered or licensed under a State or Territory law that provides for the registration or licensing of medical practitioners. modifications include additions, omissions and substitutions. Authorised Version C2017C00305 registered 21/09/2017 Preliminary Part 1 Interpretation Division 3 Section 4 Work Health and Safety Act 2011 9 Compilation No. 8 Compilation date: 20/9/17 Registered: 21/9/17 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 or the equivalent Part of a corresponding WHS law. 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. Authorised Version C2017C00305 registered 21/09/2017 Part 1 Preliminary Division 3 Interpretation Section 5 10 Work Health and Safety Act 2011 Compilation No. 8 Compilation date: 20/9/17 Registered: 21/9/17 Subdivision 2—Other important terms 5 Meaning of person conducting a business or undertaking (1) For the purposes of this Act, a person conducts a business or undertaking: (a) whether the person conducts the business or undertaking alone or with others; and (b) whether or not the business or undertaking is conducted for profit or gain. (2) A business or undertaking conducted by a person includes a business or undertaking conducted by a partnership or an unincorporated association. (3) If a business or undertaking is conducted by a partnership (other than an incorporated partnership), a reference in this Act to a person conducting the business or undertaking is to be read as a reference to each partner in the partnership. (4) A person does not conduct a business or undertaking to the extent that the person is engaged solely as a worker in, or as an officer of, that business or undertaking. (5) An elected member of a local authority does not in that capacity conduct a business or undertaking. (6) The regulations may specify the circumstances in which a person may be taken not to be a person who conducts a business or undertaking for the purposes of this Act or any provision of this Act. (7) A volunteer association does not conduct a business or undertaking for the purposes of this Act. (8) In this section, volunteer association means a group of volunteers working together for 1 or more community purposes where none of the volunteers, whether alone or jointly with any other volunteers, employs any person to carry out work for the volunteer association. Authorised Version C2017C00305 registered 21/09/2017 Preliminary Part 1 Interpretation Division 3 Section 6 Work Health and Safety Act 2011 11 Compilation No. 8 Compilation date: 20/9/17 Registered: 21/9/17 6 Meaning of supply (1) A supply of a thing includes a supply and a resupply of the thing by way of sale, exchange, lease, hire or hire-purchase, whether as principal or agent. (2) A supply of a thing occurs on the passing of possession of the thing to the person or an agent of the person to be supplied. (3) A supply of a thing does not include: (a) the return of possession of a thing to the owner of the thing at the end of a lease or other agreement; or (b) a prescribed supply. (4) A financier is taken not to supply plant, a substance or a structure for the purposes of this Act if: (a) the financier has, in the course of the financier’s business as a financier, acquired ownership of, or another right in, the plant, substance or structure on behalf of a customer of the financier; and (b) the action by the financier, that would be a supply but for this subsection, is taken by the financier for, or on behalf of, that customer. (5) If subsection (4) applies, the person (other than the financier) who had possession of the plant, substance or structure immediately before the financier’s customer obtained possession of the plant, substance or structure is taken for the purposes of this Act to have supplied the plant, substance or structure to the financier’s customer. 7 Meaning of worker (1) A person is a worker if the person carries out work in any capacity for a person conducting a business or undertaking, including work as: (a) an employee; or (b) a contractor or subcontractor; or Authorised Version C2017C00305 registered 21/09/2017 Part 1 Preliminary Division 3 Interpretation Section 7 14 Work Health and Safety Act 2011 Compilation No. 8 Compilation date: 20/9/17 Registered: 21/9/17 Act establishing a public authority for a purpose associated with the performance of the functions of the public authority is: (a) a worker; and (b) at work throughout the time when the person is lawfully performing the functions of the body, but not otherwise; and (c) carrying out work for a business or undertaking conducted by the public authority when the person is lawfully performing those functions, but not otherwise; and (d) an employee of the public authority. (2F) The Minister may, by instrument in writing, declare that a person of a class specified in the declaration is, for the purposes of this Act: (a) a worker; and (b) at work throughout the time specified in the declaration; and (c) carrying out work for a business or undertaking conducted by the Commonwealth, or a public authority specified in the declaration, when the person is performing functions of the kind specified in the declaration; and (d) an employee of the Commonwealth, or a public authority specified in the declaration. (2G) A declaration under subsection (2F) may only be made in relation to a class of persons if persons of that class engage in activities or perform acts: (a) where the declaration specifies that persons of that class are carrying out work for a business or undertaking conducted by the Commonwealth, or are employees of the Commonwealth: (i) at the request or direction of the Commonwealth; or (ii) for the benefit of the Commonwealth; or (iii) by or under a law of the Commonwealth or of a Territory (other than the Australian Capital Territory, the Northern Territory or Norfolk Island); or (b) where the declaration specifies that persons of that class are carrying out work for a business or undertaking conducted by a public authority specified in the declaration, or are employees of a public authority specified in the declaration: Authorised Version C2017C00305 registered 21/09/2017 Preliminary Part 1 Interpretation Division 3 Section 8 Work Health and Safety Act 2011 15 Compilation No. 8 Compilation date: 20/9/17 Registered: 21/9/17 (i) at the request or direction of the public authority; or (ii) for the benefit of the public authority. (2H) A declaration under subsection (2F) has effect according to its terms. (3) The person conducting the business or undertaking is also a worker if the person is an individual who carries out work in that business or undertaking. 8 Meaning of workplace (1) A workplace is a place where work is carried out for a business or undertaking and includes any place where a worker goes, or is likely to be, while at work. (2) In this section, place includes: (a) a vehicle, vessel, aircraft or other mobile structure; and (b) any waters and any installation on land, on the bed of any waters or floating on any waters. 9 Examples and notes (1) An example at the foot of a provision forms part of this Act. (2) A note at the foot of a provision forms part of this Act. Authorised Version C2017C00305 registered 21/09/2017 Part 1 Preliminary Division 4 Application of Act Section 10 16 Work Health and Safety Act 2011 Compilation No. 8 Compilation date: 20/9/17 Registered: 21/9/17 Division 4—Application of Act 10 Act binds the Commonwealth (1) This Act binds the Commonwealth. (2) The Commonwealth is liable for an offence against this Act. (3) Without limiting subsection (1), the Commonwealth is liable for a contravention of a WHS civil penalty provision. 11 Extraterritorial application This Act extends to every external Territory. 12 Scope The Commonwealth and public authorities (1) This Act applies in relation to each of the following: (a) if the Commonwealth is conducting a business or undertaking: (i) the Commonwealth; and (ii) an officer of the Commonwealth; (b) if a public authority is conducting a business or undertaking: (i) the public authority; and (ii) an officer of the public authority; (c) to the extent that a person is a worker and carries out work in any capacity for a business or undertaking conducted by the Commonwealth or a public authority—that person; (d) to the extent that a person is a worker and is taken to carry out work for a business or undertaking conducted by the Commonwealth or a public authority because of section 7— that person; (e) if work is carried out by a worker at a place (as defined for the purposes of section 8) for a business or undertaking Authorised Version C2017C00305 registered 21/09/2017 Preliminary Part 1 Application of Act Division 4 Section 12A Work Health and Safety Act 2011 19 Compilation No. 8 Compilation date: 20/9/17 Registered: 21/9/17 12A Act does not apply to certain vessels, structures and facilities (1) This Act does not apply in relation to any vessel (including a ship or a barge) or any structure to which the Occupational Health and Safety (Maritime Industry) Act 1993 applies. (2) This Act does not apply in relation to a facility to which Schedule 3 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006 applies. 12B Duty to consult etc. where law of more than one jurisdiction applies to the same matter If a person has a duty in relation to a matter under this Act and another person has a duty under a corresponding WHS law in relation to the same matter, the person who has the duty under this Act must consult, co-operate and co-ordinate activities with the other person. 12C Act not to prejudice national security (1) Nothing in this Act requires or permits a person to take any action, or to refrain from taking any action, that would be, or could reasonably be expected to be, prejudicial to Australia’s national security. (2) Without limiting the generality of subsection (1), the Director-General of Security may, by instrument in writing, declare that specified provisions of this Act do not apply, or apply subject to modifications set out in the declaration, in relation to a person carrying out work for the Director-General of Security. (2A) Without limiting the generality of subsection (1), the Director-General of ASIS may, by instrument in writing, declare that specified provisions of this Act do not apply, or apply subject to modifications set out in the declaration, in relation to a person carrying out work for the Director-General of ASIS. Authorised Version C2017C00305 registered 21/09/2017 Part 1 Preliminary Division 4 Application of Act Section 12D 20 Work Health and Safety Act 2011 Compilation No. 8 Compilation date: 20/9/17 Registered: 21/9/17 (2B) Without limiting the generality of subsection (1), the Australian Border Force Commissioner may, by instrument in writing, declare that specified provisions of this Act do not apply, or apply subject to modifications set out in the declaration, in relation to an Australian Border Force worker. (2C) The Australian Border Force Commissioner must consult the Immigration and Border Protection Secretary and the Director-General of Security before making an instrument under subsection (2B). (3) A declaration under subsection (2), (2A) or (2B) may only be made with the approval of the Minister and, if made with that approval, has effect according to its terms. (4) In administering the Australian Security Intelligence Organisation and in the exercise of the power under subsection (2), the Director-General of Security must take into account the need to promote the objects of this Act to the greatest extent consistent with the maintenance of Australia’s national security. (5) In administering the Australian Secret Intelligence Service and in the exercise of the power under subsection (2A), the Director-General of ASIS must take into account the need to promote the objects of this Act to the greatest extent consistent with the maintenance of national security. (6) In controlling the operations of the Australian Border Force and in the exercise of the power under subsection (2B), the Australian Border Force Commissioner must take into account the need to promote the objects of this Act to the greatest extent consistent with the maintenance of Australia’s national security. 12D Act not to prejudice Australia’s defence (1) Nothing in this Act requires or permits a person to take any action, or to refrain from taking any action, that would be, or could reasonably be expected to be, prejudicial to Australia’s defence. Authorised Version C2017C00305 registered 21/09/2017 Preliminary Part 1 Application of Act Division 4 Section 12D Work Health and Safety Act 2011 21 Compilation No. 8 Compilation date: 20/9/17 Registered: 21/9/17 (2) Without limiting the generality of subsection (1), the Chief of the Defence Force may, by instrument in writing, declare that specified provisions of this Act do not apply, or apply subject to such modifications as are set out in the declaration, in relation to: (a) a specified activity; or (b) a specified member of the Defence Force; or (c) members of the Defence Force included in a specified class of such members. (2A) Without limiting the generality of subsection (1), the Australian Border Force Commissioner may, by instrument in writing, declare that specified provisions of this Act do not apply, or apply subject to such modifications as are set out in the declaration, in relation to: (a) a specified operation of the Australian Border Force; or (b) a specified Australian Border Force worker; or (c) Australian Border Force workers included in a specified class of such workers. (2B) The Australian Border Force Commissioner must consult the Immigration and Border Protection Secretary and the Chief of the Defence Force before making an instrument under subsection (2A). (3) A declaration under subsection (2) or (2A) may only be made with the approval of the Minister and, if made with that approval, has effect according to its terms. (4) In the exercise of the power under subsection (2), the Chief of the Defence Force must take into account the need to promote the objects of this Act to the greatest extent consistent with the maintenance of Australia’s defence. (5) In the exercise of the power under subsection (2A), the Australian Border Force Commissioner must take into account the need to promote the objects of this Act to the greatest extent consistent with the maintenance of Australia’s defence. Authorised Version C2017C00305 registered 21/09/2017 Part 2 Health and safety duties Division 1 Introductory Section 13 24 Work Health and Safety Act 2011 Compilation No. 8 Compilation date: 20/9/17 Registered: 21/9/17 Part 2—Health and safety duties Division 1—Introductory Subdivision 1—Principles that apply to duties 13 Principles that apply to duties This Subdivision sets out the principles that apply to all duties that persons have under this Act. Note: The principles will apply to duties under this Part and other Parts of this Act such as duties relating to incident notification and consultation. 14 Duties not transferrable A duty cannot be transferred to another person. 15 Person may have more than 1 duty A person can have more than 1 duty by virtue of being in more than 1 class of duty holder. 16 More than 1 person can have a duty (1) More than 1 person can concurrently have the same duty. (2) Each duty holder must comply with that duty to the standard required by this Act even if another duty holder has the same duty. (3) If more than 1 person has a duty for the same matter, each person: (a) retains responsibility for the person’s duty in relation to the matter; and (b) must discharge the person’s duty to the extent to which the person has the capacity to influence and control the matter or would have had that capacity but for an agreement or arrangement purporting to limit or remove that capacity. Authorised Version C2017C00305 registered 21/09/2017 Health and safety duties Part 2 Introductory Division 1 Section 17 Work Health and Safety Act 2011 25 Compilation No. 8 Compilation date: 20/9/17 Registered: 21/9/17 17 Management of risks A duty imposed on a person to ensure health and safety requires the person: (a) to eliminate risks to health and safety, so far as is reasonably practicable; and (b) if it is not reasonably practicable to eliminate risks to health and safety, to minimise those risks so far as is reasonably practicable. Subdivision 2—What is reasonably practicable 18 What is reasonably practicable in ensuring health and safety In this Act, reasonably practicable, in relation to a duty to ensure health and safety, means that which is, or was at a particular time, reasonably able to be done in relation to ensuring health and safety, taking into account and weighing up all relevant matters including: (a) the likelihood of the hazard or the risk concerned occurring; and (b) the degree of harm that might result from the hazard or the risk; and (c) what the person concerned knows, or ought reasonably to know, about: (i) the hazard or the risk; and (ii) ways of eliminating or minimising the risk; and (d) the availability and suitability of ways to eliminate or minimise the risk; and (e) after assessing the extent of the risk and the available ways of eliminating or minimising the risk, the cost associated with available ways of eliminating or minimising the risk, including whether the cost is grossly disproportionate to the risk. Authorised Version C2017C00305 registered 21/09/2017 Part 2 Health and safety duties Division 2 Primary duty of care Section 19 26 Work Health and Safety Act 2011 Compilation No. 8 Compilation date: 20/9/17 Registered: 21/9/17 Division 2—Primary duty of care 19 Primary duty of care (1) A person conducting a business or undertaking must ensure, so far as is reasonably practicable, the health and safety of: (a) workers engaged, or caused to be engaged by the person; and (b) workers whose activities in carrying out work are influenced or directed by the person; while the workers are at work in the business or undertaking. (2) A person conducting a business or undertaking must ensure, so far as is reasonably practicable, that the health and safety of other persons is not put at risk from work carried out as part of the conduct of the business or undertaking. (3) Without limiting subsections (1) and (2), a person conducting a business or undertaking must ensure, so far as is reasonably practicable: (a) the provision and maintenance of a work environment without risks to health and safety; and (b) the provision and maintenance of safe plant and structures; and (c) the provision and maintenance of safe systems of work; and (d) the safe use, handling and storage of plant, structures and substances; and (e) the provision of adequate facilities for the welfare at work of workers in carrying out work for the business or undertaking, including ensuring access to those facilities; and (f) the provision of any information, training, instruction or supervision that is necessary to protect all persons from risks to their health and safety arising from work carried out as part of the conduct of the business or undertaking; and (g) that the health of workers and the conditions at the workplace are monitored for the purpose of preventing illness or injury Authorised Version C2017C00305 registered 21/09/2017 Health and safety duties Part 2 Further duties of persons conducting businesses or undertakings Division 3 Section 22 Work Health and Safety Act 2011 29 Compilation No. 8 Compilation date: 20/9/17 Registered: 21/9/17 (2) The person with management or control of fixtures, fittings or plant at a workplace must ensure, so far as is reasonably practicable, that the fixtures, fittings and plant are without risks to the health and safety of any person. 22 Duties of persons conducting businesses or undertakings that design plant, substances or structures (1) This section applies to a person (the designer) who conducts a business or undertaking that designs: (a) plant that is to be used, or could reasonably be expected to be used, as, or at, a workplace; or (b) a substance that is to be used, or could reasonably be expected to be used, at a workplace; or (c) a structure that is to be used, or could reasonably be expected to be used, as, or at, a workplace. (2) The designer must ensure, so far as is reasonably practicable, that the plant, substance or structure is designed to be without risks to the health and safety of persons: (a) who, at a workplace, use the plant, substance or structure for a purpose for which it was designed; or (b) who handle the substance at a workplace; or (c) who store the plant or substance at a workplace; or (d) who construct the structure at a workplace; or (e) who carry out any reasonably foreseeable activity at a workplace in relation to: (i) the manufacture, assembly or use of the plant for a purpose for which it was designed, or the proper storage, decommissioning, dismantling or disposal of the plant; or (ii) the manufacture or use of the substance for a purpose for which it was designed or the proper handling, storage or disposal of the substance; or (iii) the manufacture, assembly or use of the structure for a purpose for which it was designed or the proper demolition or disposal of the structure; or Authorised Version C2017C00305 registered 21/09/2017 Part 2 Health and safety duties Division 3 Further duties of persons conducting businesses or undertakings Section 23 30 Work Health and Safety Act 2011 Compilation No. 8 Compilation date: 20/9/17 Registered: 21/9/17 Example: Inspection, operation, cleaning, maintenance or repair of plant. (f) who are at or in the vicinity of a workplace and who are exposed to the plant, substance or structure at the workplace or whose health or safety may be affected by a use or activity referred to in paragraph (a), (b), (c), (d) or (e). (3) The designer must carry out, or arrange the carrying out of, any calculations, analysis, testing or examination that may be necessary for the performance of the duty imposed by subsection (2). (4) The designer must give adequate information to each person who is provided with the design for the purpose of giving effect to it concerning: (a) each purpose for which the plant, substance or structure was designed; and (b) the results of any calculations, analysis, testing or examination referred to in subsection (3), including, in relation to a substance, any hazardous properties of the substance identified by testing; and (c) any conditions necessary to ensure that the plant, substance or structure is without risks to health and safety when used for a purpose for which it was designed or when carrying out any activity referred to in subsection (2)(a) to (e). (5) The designer, on request, must, so far as is reasonably practicable, give current relevant information on the matters referred to in subsection (4) to a person who carries out, or is to carry out, any of the activities referred to in subsection (2)(a) to (e). 23 Duties of persons conducting businesses or undertakings that manufacture plant, substances or structures (1) This section applies to a person (the manufacturer) who conducts a business or undertaking that manufactures: (a) plant that is to be used, or could reasonably be expected to be used, as, or at, a workplace; or (b) a substance that is to be used, or could reasonably be expected to be used, at a workplace; or Authorised Version C2017C00305 registered 21/09/2017 Health and safety duties Part 2 Further duties of persons conducting businesses or undertakings Division 3 Section 23 Work Health and Safety Act 2011 31 Compilation No. 8 Compilation date: 20/9/17 Registered: 21/9/17 (c) a structure that is to be used, or could reasonably be expected to be used, as, or at, a workplace. (2) The manufacturer must ensure, so far as is reasonably practicable, that the plant, substance or structure is manufactured to be without risks to the health and safety of persons: (a) who, at a workplace, use the plant, substance or structure for a purpose for which it was designed or manufactured; or (b) who handle the substance at a workplace; or (c) who store the plant or substance at a workplace; or (d) who construct the structure at a workplace; or (e) who carry out any reasonably foreseeable activity at a workplace in relation to: (i) the assembly or use of the plant for a purpose for which it was designed or manufactured or the proper storage, decommissioning, dismantling or disposal of the plant; or (ii) the use of the substance for a purpose for which it was designed or manufactured or the proper handling, storage or disposal of the substance; or (iii) the assembly or use of the structure for a purpose for which it was designed or manufactured or the proper demolition or disposal of the structure; or Example: Inspection, operation, cleaning, maintenance or repair of plant. (f) who are at or in the vicinity of a workplace and who are exposed to the plant, substance or structure at the workplace or whose health or safety may be affected by a use or activity referred to in paragraph (a), (b), (c), (d) or (e). (3) The manufacturer must carry out, or arrange the carrying out of, any calculations, analysis, testing or examination that may be necessary for the performance of the duty imposed by subsection (2). (4) The manufacturer must give adequate information to each person to whom the manufacturer provides the plant, substance or structure concerning: Authorised Version C2017C00305 registered 21/09/2017 Part 2 Health and safety duties Division 3 Further duties of persons conducting businesses or undertakings Section 25 34 Work Health and Safety Act 2011 Compilation No. 8 Compilation date: 20/9/17 Registered: 21/9/17 when carrying out any activity referred to in subsection (2)(a) to (e). (5) The importer, on request, must, so far as is reasonably practicable, give current relevant information on the matters referred to in subsection (4) to a person who carries out, or is to carry out, any of the activities referred to in subsection (2)(a) to (e). 25 Duties of persons conducting businesses or undertakings that supply plant, substances or structures (1) This section applies to a person (the supplier) who conducts a business or undertaking that supplies: (a) plant that is to be used, or could reasonably be expected to be used, as, or at, a workplace; or (b) a substance that is to be used, or could reasonably be expected to be used, at a workplace; or (c) a structure that is to be used, or could reasonably be expected to be used, as, or at, a workplace. (2) The supplier must ensure, so far as is reasonably practicable, that the plant, substance or structure is without risks to the health and safety of persons: (a) who, at a workplace, use the plant or substance or structure for a purpose for which it was designed or manufactured; or (b) who handle the substance at a workplace; or (c) who store the plant or substance at a workplace; or (d) who construct the structure at a workplace; or (e) who carry out any reasonably foreseeable activity at a workplace in relation to: (i) the assembly or use of the plant for a purpose for which it was designed or manufactured or the proper storage, decommissioning, dismantling or disposal of the plant; or (ii) the use of the substance for a purpose for which it was designed or manufactured or the proper handling, storage or disposal of the substance; or Authorised Version C2017C00305 registered 21/09/2017 Health and safety duties Part 2 Further duties of persons conducting businesses or undertakings Division 3 Section 25 Work Health and Safety Act 2011 35 Compilation No. 8 Compilation date: 20/9/17 Registered: 21/9/17 (iii) the assembly or use of the structure for a purpose for which it was designed or manufactured or the proper demolition or disposal of the structure; or Example: Inspection, storage, operation, cleaning, maintenance or repair of plant. (f) who are at or in the vicinity of a workplace and who are exposed to the plant, substance or structure at the workplace or whose health or safety may be affected by a use or activity referred to in paragraph (a), (b), (c), (d) or (e). (3) The supplier must: (a) carry out, or arrange the carrying out of, any calculations, analysis, testing or examination that may be necessary for the performance of the duty imposed by subsection (2); or (b) ensure that the calculations, analysis, testing or examination have been carried out. (4) The supplier must give adequate information to each person to whom the supplier supplies the plant, substance or structure concerning: (a) each purpose for which the plant, substance or structure was designed or manufactured; and (b) the results of any calculations, analysis, testing or examination referred to in subsection (3), including, in relation to a substance, any hazardous properties of the substance identified by testing; and (c) any conditions necessary to ensure that the plant, substance or structure is without risks to health and safety when used for a purpose for which it was designed or manufactured or when carrying out any activity referred to in subsection (2)(a) to (e). (5) The supplier, on request, must, so far as is reasonably practicable, give current relevant information on the matters referred to in subsection (4) to a person who carries out, or is to carry out, any of the activities referred to in subsection (2)(a) to (e). Authorised Version C2017C00305 registered 21/09/2017 Part 2 Health and safety duties Division 3 Further duties of persons conducting businesses or undertakings Section 26 36 Work Health and Safety Act 2011 Compilation No. 8 Compilation date: 20/9/17 Registered: 21/9/17 26 Duty of persons conducting businesses or undertakings that install, construct or commission plant or structures (1) This section applies to a person who conducts a business or undertaking that installs, constructs or commissions plant or a structure that is to be used, or could reasonably be expected to be used, as, or at, a workplace. (2) The person must ensure, so far as is reasonably practicable, that the way in which the plant or structure is installed, constructed or commissioned ensures that the plant or structure is without risks to the health and safety of persons: (a) who install or construct the plant or structure at a workplace; or (b) who use the plant or structure at a workplace for a purpose for which it was installed, constructed or commissioned; or (c) who carry out any reasonably foreseeable activity at a workplace in relation to the proper use, decommissioning or dismantling of the plant or demolition or disposal of the structure; or (d) who are at or in the vicinity of a workplace and whose health or safety may be affected by a use or activity referred to in paragraph (a), (b) or (c). Authorised Version C2017C00305 registered 21/09/2017 Health and safety duties Part 2 Duty of officers, workers and other persons Division 4 Section 29 Work Health and Safety Act 2011 39 Compilation No. 8 Compilation date: 20/9/17 Registered: 21/9/17 health or safety at the workplace that has been notified to workers. 29 Duties of other persons at the workplace A person at a workplace (whether or not the person has another duty under this Part) must: (a) take reasonable care for his or her own health and safety; and (b) take reasonable care that his or her acts or omissions do not adversely affect the health and safety of other persons; and (c) comply, so far as the person is reasonably able, with any reasonable instruction that is given by the person conducting the business or undertaking to allow the person conducting the business or undertaking to comply with this Act. Authorised Version C2017C00305 registered 21/09/2017 Part 2 Health and safety duties Division 5 Offences and penalties Section 30 40 Work Health and Safety Act 2011 Compilation No. 8 Compilation date: 20/9/17 Registered: 21/9/17 Division 5—Offences and penalties 30 Health and safety duty In this Division, health and safety duty means a duty imposed under Division 2, 3 or 4 of this Part. 31 Reckless conduct—Category 1 (1) A person commits a Category 1 offence if: (a) the person has a health and safety duty; and (b) the person, without reasonable excuse, engages in conduct that exposes an individual to whom that duty is owed to a risk of death or serious injury or illness; and (c) the person is reckless as to the risk to an individual of death or serious injury or illness. Penalty: (a) In the case of an offence committed by an individual (other than as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking)—$300 000 or 5 years imprisonment or both. (b) In the case of an offence committed by an individual as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking—$600 000 or 5 years imprisonment or both. (c) In the case of an offence committed by a body corporate— $3 000 000. (2) The prosecution bears the burden of proving that the conduct was engaged in without reasonable excuse. 32 Failure to comply with health and safety duty—Category 2 A person commits a Category 2 offence if: (a) the person has a health and safety duty; and Authorised Version C2017C00305 registered 21/09/2017 Health and safety duties Part 2 Offences and penalties Division 5 Section 33 Work Health and Safety Act 2011 41 Compilation No. 8 Compilation date: 20/9/17 Registered: 21/9/17 (b) the person fails to comply with that duty; and (c) the failure exposes an individual to a risk of death or serious injury or illness. Penalty: (a) In the case of an offence committed by an individual (other than as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking)—$150 000. (b) In the case of an offence committed by an individual as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking—$300 000. (c) In the case of an offence committed by a body corporate— $1 500 000. 33 Failure to comply with health and safety duty—Category 3 A person commits a Category 3 offence if: (a) the person has a health and safety duty; and (b) the person fails to comply with that duty. Penalty: (a) In the case of an offence committed by an individual (other than as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking)—$50 000. (b) In the case of an offence committed by an individual as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking—$100 000. (c) In the case of an offence committed by a body corporate— $500 000. 34 Exceptions (1) A volunteer does not commit an offence under this Division for a failure to comply with a health and safety duty, except a duty under section 28 or 29. Authorised Version C2017C00305 registered 21/09/2017 Part 3 Incident notification Section 38 44 Work Health and Safety Act 2011 Compilation No. 8 Compilation date: 20/9/17 Registered: 21/9/17 risk to a person’s health or safety emanating from an immediate or imminent exposure to: (a) an uncontrolled escape, spillage or leakage of a substance; or (b) an uncontrolled implosion, explosion or fire; or (c) an uncontrolled escape of gas or steam; or (d) an uncontrolled escape of a pressurised substance; or (e) electric shock; or (f) the fall or release from a height of any plant, substance or thing; or (g) the collapse, overturning, failure or malfunction of, or damage to, any plant that is required to be authorised for use in accordance with the regulations; or (h) the collapse or partial collapse of a structure; or (i) the collapse or failure of an excavation or of any shoring supporting an excavation; or (j) the inrush of water, mud or gas in workings, in an underground excavation or tunnel; or (k) the interruption of the main system of ventilation in an underground excavation or tunnel; or (l) any other event prescribed by the regulations; but does not include an incident of a prescribed kind. 38 Duty to notify of notifiable incidents (1) A person who conducts a business or undertaking must ensure that the regulator is notified immediately after becoming aware that a notifiable incident arising out of the conduct of the business or undertaking has occurred. Penalty: (a) In the case of an individual—$10 000. (b) In the case of a body corporate—$50 000. (2) The notice must be given in accordance with this section and by the fastest possible means. (3) The notice must be given: Authorised Version C2017C00305 registered 21/09/2017 Incident notification Part 3 Section 39 Work Health and Safety Act 2011 45 Compilation No. 8 Compilation date: 20/9/17 Registered: 21/9/17 (a) by telephone; or (b) in writing. Example: The written notice can be given by facsimile, email or other electronic means. (4) A person giving notice by telephone must: (a) give the details of the incident requested by the regulator; and (b) if required by the regulator, give a written notice of the incident within 48 hours of that requirement being made. (5) A written notice must be in a form, or contain the details, approved by the regulator. (6) If the regulator receives a notice by telephone and a written notice is not required, the regulator must give the person conducting the business or undertaking: (a) details of the information received; or (b) an acknowledgement of receiving the notice. (7) A person conducting a business or undertaking must keep a record of each notifiable incident for at least 5 years from the day that notice of the incident is given to the regulator under this section. Penalty: (a) In the case of an individual—$5000. (b) In the case of a body corporate—$25 000. 39 Duty to preserve incident sites (1) The person with management or control of a workplace at which a notifiable incident has occurred must ensure so far as is reasonably practicable, that the site where the incident occurred is not disturbed until an inspector arrives at the site or any earlier time that an inspector directs. Penalty: (a) In the case of an individual—$10 000. (b) In the case of a body corporate—$50 000. Authorised Version C2017C00305 registered 21/09/2017 Part 3 Incident notification Section 39 46 Work Health and Safety Act 2011 Compilation No. 8 Compilation date: 20/9/17 Registered: 21/9/17 (2) In subsection (1) a reference to a site includes any plant, substance, structure or thing associated with the notifiable incident. (3) Subsection (1) does not prevent any action: (a) to assist an injured person; or (b) to remove a deceased person; or (c) that is essential to make the site safe or to minimise the risk of a further notifiable incident; or (d) that is associated with a police investigation; or (e) for which an inspector or the regulator has given permission. Authorised Version C2017C00305 registered 21/09/2017 Authorisations Part 4 Section 45 Work Health and Safety Act 2011 49 Compilation No. 8 Compilation date: 20/9/17 Registered: 21/9/17 (a) the regulations require the work, or class of work, to be carried out by, or under the supervision of, a person who has prescribed qualifications or experience; and (b) the person does not have the prescribed qualifications or experience or the work is not carried out under the supervision of a person who has the prescribed qualifications or experience. Penalty: (a) In the case of an individual—$20 000. (b) In the case of a body corporate—$100 000. (2) A person who conducts a business or undertaking must not direct or allow a worker to carry out work at a workplace if: (a) the regulations require the work, or class of work, to be carried out by, or under the supervision of, a person who has prescribed qualifications or experience; and (b) the worker does not have the prescribed qualifications or experience or the work is not carried out under the supervision of a person who has the prescribed qualifications or experience. Penalty: (a) In the case of an individual—$20 000. (b) In the case of a body corporate—$100 000. 45 Requirement to comply with conditions of authorisation A person must comply with the conditions of any authorisation given to that person under the regulations. Penalty: (a) In the case of an individual—$20 000. (b) In the case of a body corporate—$100 000. Authorised Version C2017C00305 registered 21/09/2017 Part 5 Consultation, representation and participation Division 1 Consultation, co-operation and co-ordination between duty holders Section 46 50 Work Health and Safety Act 2011 Compilation No. 8 Compilation date: 20/9/17 Registered: 21/9/17 Part 5—Consultation, representation and participation Division 1—Consultation, co-operation and co-ordination between duty holders 46 Duty to consult with other duty holders If more than one person has a duty in relation to the same matter under this Act, each person with the duty must, so far as is reasonably practicable, consult, co-operate and co-ordinate activities with all other persons who have a duty in relation to the same matter. Penalty: (a) In the case of an individual—$20 000. (b) In the case of a body corporate—$100 000. Authorised Version C2017C00305 registered 21/09/2017 Consultation, representation and participation Part 5 Consultation with workers Division 2 Section 47 Work Health and Safety Act 2011 51 Compilation No. 8 Compilation date: 20/9/17 Registered: 21/9/17 Division 2—Consultation with workers 47 Duty to consult workers (1) The person conducting a business or undertaking must, so far as is reasonably practicable, consult, in accordance with this Division and the regulations, with workers who carry out work for the business or undertaking who are, or are likely to be, directly affected by a matter relating to work health or safety. Penalty: (a) In the case of an individual—$20 000. (b) In the case of a body corporate—$100 000. (2) If the person conducting the business or undertaking and the workers have agreed to procedures for consultation, the consultation must be in accordance with those procedures. (3) The agreed procedures must not be inconsistent with section 48. 48 Nature of consultation (1) Consultation under this Division requires: (a) that relevant information about the matter is shared with workers; and (b) that workers be given a reasonable opportunity: (i) to express their views and to raise work health or safety issues in relation to the matter; and (ii) to contribute to the decision-making process relating to the matter; and (c) that the views of workers are taken into account by the person conducting the business or undertaking; and (d) that the workers consulted are advised of the outcome of the consultation in a timely manner. (2) If the workers are represented by a health and safety representative, the consultation must involve that representative. Authorised Version C2017C00305 registered 21/09/2017 Part 5 Consultation, representation and participation Division 3 Health and safety representatives Section 53 54 Work Health and Safety Act 2011 Compilation No. 8 Compilation date: 20/9/17 Registered: 21/9/17 (2) The person conducting the business or undertaking must take all reasonable steps to commence negotiations with the workers within 14 days after a request is made under section 50. (3) The purpose of the negotiations is to determine: (a) the number and composition of work groups to be represented by health and safety representatives; and (b) the number of health and safety representatives and deputy health and safety representatives (if any) to be elected; and (c) the workplace or workplaces to which the work groups will apply. (4) The parties to an agreement concerning the determination of a work group or groups may, at any time, negotiate a variation of the agreement. (5) The person conducting the business or undertaking must, if asked by a worker, negotiate with the worker’s representative in negotiations under this section (including negotiations for a variation of an agreement) and must not exclude the representative from those negotiations. Penalty: (a) In the case of an individual—$10 000. (b) In the case of a body corporate—$50 000. (6) The regulations may prescribe the matters that must be taken into account in negotiations for and determination of work groups and variations of agreements concerning work groups. 53 Notice to workers (1) The person conducting a business or undertaking involved in negotiations to determine a work group must, as soon as practicable after the negotiations are completed, notify the workers of the outcome of the negotiations and of any work groups determined by agreement. Penalty: Authorised Version C2017C00305 registered 21/09/2017 Consultation, representation and participation Part 5 Health and safety representatives Division 3 Section 54 Work Health and Safety Act 2011 55 Compilation No. 8 Compilation date: 20/9/17 Registered: 21/9/17 (a) In the case of an individual—$2000. (b) In the case of a body corporate—$10 000. (2) The person conducting a business or undertaking involved in negotiations for the variation of an agreement concerning the determination of a work group or groups must, as soon as practicable after the negotiations are completed, notify the workers of the outcome of the negotiations and of the variation (if any) to the agreement. Penalty: (a) In the case of an individual—$2000. (b) In the case of a body corporate—$10 000. 54 Failure of negotiations (1) If there is a failure of negotiations (including negotiations concerning the variation of an agreement), any person who is or would be a party to the negotiations may ask the regulator to appoint an inspector for the purposes of this section. (2) An inspector appointed under subsection (1) may decide: (a) the matters referred to in section 52(3), or any of those matters which is the subject of the proposed variation (as the case requires); or (b) that work groups should not be determined or that the agreement should not be varied (as the case requires). (3) For the purposes of this section, there is a failure of negotiations if: (a) the person conducting the business or undertaking has not taken all reasonable steps to commence negotiations with the workers and negotiations have not commenced within 14 days after: (i) a request is made under section 50; or (ii) a party to the agreement requests the variation of the agreement; or Authorised Version C2017C00305 registered 21/09/2017 Part 5 Consultation, representation and participation Division 3 Health and safety representatives Section 55 56 Work Health and Safety Act 2011 Compilation No. 8 Compilation date: 20/9/17 Registered: 21/9/17 (b) agreement cannot be reached on a matter relating to the determination of a work group (or the variation of an agreement concerning a work group) within a reasonable time after negotiations commence. (4) A decision under this section is taken to be an agreement under section 52. Subdivision 3—Multiple-business work groups 55 Determination of work groups of multiple businesses (1) Work groups may be determined for workers carrying out work for 2 or more persons conducting businesses or undertakings at 1 or more workplaces. (2) The particulars of the work groups are to be determined by negotiation and agreement, in accordance with section 56, between each of the persons conducting the businesses or undertakings and the workers. (3) The parties to an agreement concerning the determination of a work group or groups may, at any time, negotiate a variation of the agreement. (4) The determination of 1 or more work groups under this Subdivision does not: (a) prevent the determination under this Subdivision or Subdivision 2 of any other work group of the workers concerned; or (b) affect any work groups of those workers that have already been determined under this Subdivision or Subdivision 2. 56 Negotiation of agreement for work groups of multiple businesses (1) Negotiations concerning work groups under this Subdivision must be directed only at the following: (a) the number and composition of work groups to be represented by health and safety representatives; Authorised Version C2017C00305 registered 21/09/2017 Consultation, representation and participation Part 5 Health and safety representatives Division 3 Section 60 Work Health and Safety Act 2011 59 Compilation No. 8 Compilation date: 20/9/17 Registered: 21/9/17 Subdivision 4—Election of health and safety representatives 60 Eligibility to be elected A worker is: (a) eligible to be elected as a health and safety representative for a work group only if he or she is a member of that work group; and (b) not eligible to be elected as a health and safety representative if he or she is disqualified under section 65 from being a health and safety representative. 61 Procedure for election of health and safety representatives (1) The workers in a work group may determine how an election of a health and safety representative for the work group is to be conducted. (2) However, an election must comply with the procedures (if any) prescribed by the regulations. (3) If a majority of the workers in a work group so determine, the election may be conducted with the assistance of a union or other person or organisation. (4) The person conducting the business or undertaking to which the work group relates must provide any resources, facilities and assistance that are reasonably necessary or are prescribed by the regulations to enable elections to be conducted. Penalty: (a) In the case of an individual—$10 000. (b) In the case of a body corporate—$50 000. 62 Eligibility to vote (1) A health and safety representative for a work group is to be elected by members of that work group. Authorised Version C2017C00305 registered 21/09/2017 Part 5 Consultation, representation and participation Division 3 Health and safety representatives Section 63 60 Work Health and Safety Act 2011 Compilation No. 8 Compilation date: 20/9/17 Registered: 21/9/17 (2) All workers in a work group are entitled to vote for the election of a health and safety representative for that work group. 63 When election not required If the number of candidates for election as a health and safety representative for a work group equals the number of vacancies, the election need not be conducted and each candidate is to be taken to have been elected as a health and safety representative for the work group. 64 Term of office of health and safety representative (1) A health and safety representative for a work group holds office for 3 years. (2) However a person ceases to hold office as a health and safety representative for a work group if: (a) the person resigns as a health and safety representative for the work group by written notice given to the person conducting the relevant business or undertaking; or (b) the person ceases to be a worker in the work group for which he or she was elected as a health and safety representative; or (c) the person is disqualified under section 65 from acting as a health and safety representative; or (d) the person is removed from that position by a majority of the members of the work group in accordance with the regulations. (3) A health and safety representative is eligible for re-election. 65 Disqualification of health and safety representatives (1) An application may be made to a court to disqualify a health and safety representative on the ground that the representative has: (a) exercised a power or performed a function as a health and safety representative for an improper purpose; or Authorised Version C2017C00305 registered 21/09/2017 Consultation, representation and participation Part 5 Health and safety representatives Division 3 Section 66 Work Health and Safety Act 2011 61 Compilation No. 8 Compilation date: 20/9/17 Registered: 21/9/17 (b) used or disclosed any information he or she acquired as a health and safety representative for a purpose other than in connection with the role of health and safety representative. (2) The following persons may make an application under this section: (a) any person adversely affected by: (i) the exercise of a power or the performance of a function referred to in subsection (1)(a); or (ii) the use or disclosure of information referred to in subsection (1)(b); (b) the regulator. (3) If the court is satisfied that a ground in subsection (1) is made out, the court may disqualify the health and safety representative for a specified period or indefinitely. 66 Immunity of health and safety representatives A health and safety representative is not personally liable for anything done or omitted to be done in good faith: (a) in exercising a power or performing a function under this Act; or (b) in the reasonable belief that the thing was done or omitted to be done in the exercise of a power or the performance of a function under this Act. 67 Deputy health and safety representatives (1) Each deputy health and safety representative for a work group is to be elected in the same way as a health and safety representative for the work group. (2) If the health and safety representative for a work group ceases to hold office or is unable (because of absence or any other reason) to exercise the powers or perform the functions of a health and safety representative under this Act: Authorised Version C2017C00305 registered 21/09/2017 Part 5 Consultation, representation and participation Division 3 Health and safety representatives Section 69 64 Work Health and Safety Act 2011 Compilation No. 8 Compilation date: 20/9/17 Registered: 21/9/17 (b) could not reasonably be expected to lead to the identification of the worker. (4) Nothing in this Act imposes or is taken to impose a duty on a health and safety representative in that capacity. 69 Powers and functions generally limited to the particular work group (1) A health and safety representative for a work group may exercise powers and perform functions under this Act only in relation to matters that affect, or may affect, workers in that group. (2) Subsection (1) does not apply if: (a) there is a serious risk to health or safety emanating from an immediate or imminent exposure to a hazard that affects or may affect a member of another work group; or (b) a member of another work group asks for the representative’s assistance; and the health and safety representative (and any deputy health and safety representative) for that other work group is found, after reasonable inquiry, to be unavailable. (3) In this section, another work group means another work group of workers carrying out work for a business or undertaking to which the work group that the health and safety representative represents relates. Subdivision 6—Obligations of person conducting business or undertaking to health and safety representatives 70 General obligations of person conducting business or undertaking (1) The person conducting a business or undertaking must: (a) consult, so far as is reasonably practicable, on work health and safety matters with any health and safety representative Authorised Version C2017C00305 registered 21/09/2017 Consultation, representation and participation Part 5 Health and safety representatives Division 3 Section 70 Work Health and Safety Act 2011 65 Compilation No. 8 Compilation date: 20/9/17 Registered: 21/9/17 for a work group of workers carrying out work for the business or undertaking; and (b) confer with a health and safety representative for a work group, whenever reasonably requested by the representative, for the purpose of ensuring the health and safety of the workers in the work group; and (c) allow any health and safety representative for the work group to have access to information that the person has relating to: (i) hazards (including associated risks) at the workplace affecting workers in the work group; and (ii) the health and safety of the workers in the work group; and (d) with the consent of a worker that the health and safety representative represents, allow the health and safety representative to be present at an interview concerning work health and safety between the worker and: (i) an inspector; or (ii) the person conducting the business or undertaking at that workplace or the person’s representative; and (e) with the consent of 1 or more workers that the health and safety representative represents, allow the health and safety representative to be present at an interview concerning work health and safety between a group of workers, which includes the workers who gave the consent, and: (i) an inspector; or (ii) the person conducting the business or undertaking at that workplace or the person’s representative; and (f) provide any resources, facilities and assistance to a health and safety representative for the work group that are reasonably necessary or prescribed by the regulations to enable the representative to exercise his or her powers or perform his or her functions under this Act; and (g) allow a person assisting a health and safety representative for the work group to have access to the workplace if that is necessary to enable the assistance to be provided; and Authorised Version C2017C00305 registered 21/09/2017 Part 5 Consultation, representation and participation Division 3 Health and safety representatives Section 71 66 Work Health and Safety Act 2011 Compilation No. 8 Compilation date: 20/9/17 Registered: 21/9/17 (h) permit a health and safety representative for the work group to accompany an inspector during an inspection of any part of the workplace where a worker in the work group works; and (i) provide any other assistance to the health and safety representative for the work group that may be required by the regulations. Penalty: (a) In the case of an individual—$10 000. (b) In the case of a body corporate—$50 000. (2) The person conducting a business or undertaking must allow a health and safety representative to spend such time as is reasonably necessary to exercise his or her powers and perform his or her functions under this Act. Penalty: (a) In the case of an individual—$10 000. (b) In the case of a body corporate—$50 000. (3) Any time that a health and safety representative spends for the purposes of exercising his or her powers or performing his or her functions under this Act must be with the pay that he or she would otherwise be entitled to receive for performing his or her normal duties during that period. 71 Exceptions from obligations under section 70(1) (1) This section applies despite section 70(1). (2) The person conducting a business or undertaking must not allow a health and safety representative to have access to any personal or medical information concerning a worker without the worker’s consent unless the information is in a form that: (a) does not identify the worker; and (b) could not reasonably be expected to lead to the identification of the worker. Authorised Version C2017C00305 registered 21/09/2017 Consultation, representation and participation Part 5 Health and safety representatives Division 3 Section 73 Work Health and Safety Act 2011 69 Compilation No. 8 Compilation date: 20/9/17 Registered: 21/9/17 (b) In the case of a body corporate—$50 000. 73 Obligation to share costs if multiple businesses or undertakings (1) If a health and safety representative, or deputy health and safety representative (if any), represents a work group of workers carrying out work for 2 or more persons conducting businesses or undertakings: (a) the costs of the representative exercising powers and performing functions under this Act; and (b) the costs referred to in section 72(2)(b); for which any of the persons conducting those businesses or undertakings are liable must be apportioned equally between each of those persons unless they agree otherwise. (2) An agreement to apportion the costs in another way may be varied at any time by negotiation and agreement between each of the persons conducting the businesses or undertakings. 74 List of health and safety representatives (1) A person conducting a business or undertaking must ensure that: (a) a list of each health and safety representative and deputy health and safety representative (if any) for each work group of workers carrying out work for the business or undertaking is prepared and kept up to date; and (b) a copy of the up-to-date list is displayed: (i) at the principal place of business of the business or undertaking; and (ii) at any other workplace that is appropriate taking into account the constitution of the relevant work group or work groups; in a manner that is readily accessible to workers in the relevant work group or work groups. Penalty: (a) In the case of an individual—$2000. Authorised Version C2017C00305 registered 21/09/2017 Part 5 Consultation, representation and participation Division 3 Health and safety representatives Section 74 70 Work Health and Safety Act 2011 Compilation No. 8 Compilation date: 20/9/17 Registered: 21/9/17 (b) In the case of a body corporate—$10 000. (2) A person conducting a business or undertaking must provide a copy of the up-to-date list prepared under subsection (1) to the regulator as soon as practicable after it is prepared. Authorised Version C2017C00305 registered 21/09/2017 Consultation, representation and participation Part 5 Health and safety committees Division 4 Section 75 Work Health and Safety Act 2011 71 Compilation No. 8 Compilation date: 20/9/17 Registered: 21/9/17 Division 4—Health and safety committees 75 Health and safety committees (1) The person conducting a business or undertaking at a workplace must establish a health and safety committee for the business or undertaking or part of the business or undertaking: (a) within 2 months after being requested to do so by: (i) a health and safety representative for a work group of workers carrying out work at that workplace; or (ii) 5 or more workers at that workplace; or (b) if required by the regulations to do so, within the time prescribed by the regulations. Penalty: (a) In the case of an individual—$5000. (b) In the case of a body corporate—$25 000. (1A) Section 4K of the Crimes Act 1914 does not apply in relation to the offence in subsection (1). (2) A person conducting a business or undertaking at a workplace may establish a health and safety committee for the workplace or part of the workplace on the person’s own initiative. Note: If a health and safety committee is not required to be established, other consultation procedures can be established for a workplace—see Division 2 of this Part. 76 Constitution of committee (1) Subject to subsections (2) to (4), the constitution of a health and safety committee may be agreed between the person conducting the business or undertaking and the workers at the workplace. (2) If there is a health and safety representative at a workplace, that representative, if he or she consents, is a member of the committee. Authorised Version C2017C00305 registered 21/09/2017 Part 5 Consultation, representation and participation Division 5 Issue resolution Section 80 74 Work Health and Safety Act 2011 Compilation No. 8 Compilation date: 20/9/17 Registered: 21/9/17 Division 5—Issue resolution 80 Parties to an issue (1) In this Division, parties, in relation to an issue, means the following: (a) the person conducting the business or undertaking or the person’s representative; (b) if the issue involves more than 1 business or undertaking, the person conducting each business or undertaking or the person’s representative; (c) if the worker or workers affected by the issue are in a work group, the health and safety representative for that work group or his or her representative; (d) if the worker or workers affected by the issue are not in a work group, the worker or workers or their representative. (2) A person conducting a business or undertaking must ensure that the person’s representative (if any) for the purposes of this Division: (a) is not a health and safety representative; and (b) has an appropriate level of seniority, and is sufficiently competent, to act as the person’s representative. 81 Resolution of health and safety issues (1) This section applies if a matter about work health and safety arises at a workplace or from the conduct of a business or undertaking and the matter is not resolved after discussion between the parties to the issue. (2) The parties must make reasonable efforts to achieve a timely, final and effective resolution of the issue in accordance with the relevant agreed procedure, or if there is no agreed procedure, the default procedure prescribed in the regulations. Authorised Version C2017C00305 registered 21/09/2017 Consultation, representation and participation Part 5 Issue resolution Division 5 Section 82 Work Health and Safety Act 2011 75 Compilation No. 8 Compilation date: 20/9/17 Registered: 21/9/17 (3) A representative of a party to an issue may enter the workplace for the purpose of attending discussions with a view to resolving the issue. 82 Referral of issue to regulator for resolution by inspector (1) This section applies if an issue has not been resolved after reasonable efforts have been made to achieve an effective resolution of the issue. (2) A party to the issue may ask the regulator to appoint an inspector to attend the workplace to assist in resolving the issue. (3) A request to the regulator under this section does not prevent: (a) a worker from exercising the right under Division 6 of this Part to cease work; or (b) a health and safety representative from issuing a provisional improvement notice or a direction under Division 6 of this Part to cease work. (4) On attending a workplace under this section, an inspector may exercise any of the inspector’s compliance powers under this Act in relation to the workplace. Authorised Version C2017C00305 registered 21/09/2017 Part 5 Consultation, representation and participation Division 6 Right to cease or direct cessation of unsafe work Section 83 76 Work Health and Safety Act 2011 Compilation No. 8 Compilation date: 20/9/17 Registered: 21/9/17 Division 6—Right to cease or direct cessation of unsafe work 83 Definition of cease work under this Division In this Division, cease work under this Division means: (a) to cease, or refuse, to carry out work under section 84; or (b) to cease work on a direction under section 85. 84 Right of worker to cease unsafe work A worker may cease, or refuse to carry out, work if the worker has a reasonable concern that to carry out the work would expose the worker to a serious risk to the worker’s health or safety, emanating from an immediate or imminent exposure to a hazard. 85 Health and safety representative may direct that unsafe work cease (1) A health and safety representative may direct a worker who is in a work group represented by the representative to cease work if the representative has a reasonable concern that to carry out the work would expose the worker to a serious risk to the worker’s health or safety, emanating from an immediate or imminent exposure to a hazard. (2) However, the health and safety representative must not give a worker a direction to cease work unless the matter is not resolved after: (a) consulting about the matter with the person conducting the business or undertaking for whom the workers are carrying out work; and (b) attempting to resolve the matter as an issue under Division 5 of this Part. (3) The health and safety representative may direct the worker to cease work without carrying out that consultation or attempting to Authorised Version C2017C00305 registered 21/09/2017 Consultation, representation and participation Part 5 Provisional improvement notices Division 7 Section 90 Work Health and Safety Act 2011 79 Compilation No. 8 Compilation date: 20/9/17 Registered: 21/9/17 Division 7—Provisional improvement notices 90 Provisional improvement notices (1) This section applies if a health and safety representative reasonably believes that a person: (a) is contravening a provision of this Act; or (b) has contravened a provision of this Act in circumstances that make it likely that the contravention will continue or be repeated. (2) The health and safety representative may issue a provisional improvement notice requiring the person to: (a) remedy the contravention; or (b) prevent a likely contravention from occurring; or (c) remedy the things or operations causing the contravention or likely contravention. (3) However, the health and safety representative must not issue a provisional improvement notice to a person unless he or she has first consulted the person. (4) A health and safety representative cannot issue a provisional improvement notice unless the representative has: (a) completed initial training prescribed by the regulations referred to in section 72(1)(b); or (b) previously completed that training when acting as a health and safety representative for another work group; or (c) completed training equivalent to that training under a corresponding WHS law. (5) A health and safety representative cannot issue a provisional improvement notice in relation to a matter if an inspector has already issued (or decided not to issue) an improvement notice or prohibition notice in relation to the same matter. Authorised Version C2017C00305 registered 21/09/2017 Part 5 Consultation, representation and participation Division 7 Provisional improvement notices Section 91 80 Work Health and Safety Act 2011 Compilation No. 8 Compilation date: 20/9/17 Registered: 21/9/17 91 Provisional improvement notice to be in writing A provisional improvement notice must be in writing. 92 Contents of provisional improvement notice A provisional improvement notice must state: (a) that the health and safety representative believes the person: (i) is contravening a provision of this Act; or (ii) has contravened a provision of this Act in circumstances that make it likely that the contravention will continue or be repeated; and (b) the provision the representative believes is being, or has been, contravened; and (c) briefly, how the provision is being, or has been contravened; and (d) the day, at least 8 days after the notice is issued, by which the person is required to remedy the contravention or likely contravention. 93 Provisional improvement notice may give directions to remedy contravention (1) A provisional improvement notice may include directions concerning the measures to be taken to remedy the contravention or prevent the likely contravention or the matters or activities causing the contravention or likely contravention to which the notice relates. (2) A direction included in a provisional improvement notice may: (a) refer to a code of practice; and (b) offer the person to whom it is issued a choice of ways in which to remedy the contravention. Authorised Version C2017C00305 registered 21/09/2017 Consultation, representation and participation Part 5 Provisional improvement notices Division 7 Section 94 Work Health and Safety Act 2011 81 Compilation No. 8 Compilation date: 20/9/17 Registered: 21/9/17 94 Minor changes to provisional improvement notice A health and safety representative may make minor changes to a provisional improvement notice: (a) for clarification; or (b) to correct errors or references; or (c) to reflect changes of address or other circumstances. 95 Issue of provisional improvement notice A provisional improvement notice may be issued to a person in accordance with section 209. 96 Health and safety representative may cancel notice The health and safety representative may at any time cancel a provisional improvement notice issued to a person by written notice given to that person. 97 Display of provisional improvement notice (1) A person to whom a provisional improvement notice is issued must as soon as practicable display a copy of the notice in a prominent place at or near the workplace, or part of the workplace, at which work is being carried out that is affected by the notice. Penalty: (a) In the case of an individual—$5000. (b) In the case of a body corporate—$25 000. (2) A person must not intentionally remove, destroy, damage or deface a notice displayed under subsection (1) during the period that the notice is in force. Penalty: (a) In the case of an individual—$5000. (b) In the case of a body corporate—$25 000. Authorised Version C2017C00305 registered 21/09/2017