(1) A person who has control of premises used by people as a place of work must, so far as is reasonably practicable, ensure that the premises are safe and without risks to health.
(1) OHS committees An OHS committee is to be established for the purposes of consultation under this Division if the employer employs 20 or more persons in the employer’s undertaking and a majority of those employees request the establishment of the committee or if WorkCover so directs. More than one committee is to be established if a majority of those employees request their establishment and the employer agrees or if WorkCover so directs. (2) OHS representatives An OHS representative is to be elected for the purposes of consultation under this Division if at least one of the persons employed by the employer requests the election of the representative or if WorkCover so directs. The employees may elect more than one OHS representative if the employer agrees or if WorkCover so directs.
(1) In this section: reinstatement includes re-employment.unlawful dismissal means the dismissal of an employee in contravention of section 23.(2) An employee who has been unlawfully dismissed may, within 21 days after the dismissal, apply to the Industrial Court of NSW for reinstatement. The Court may accept an application that is made out of time if it considers that there is a sufficient reason to do so. (3) An industrial organisation of employees may make such an application on behalf of the employee. (4) The Industrial Court of NSW may, on such an application, order the employer to reinstate the employee in accordance with the terms of the order.
(1) If a corporation has a duty or obligation under a relevant provision, an officer of the corporation must exercise due diligence to ensure that the corporation complies with that duty or obligation. Maximum penalty: the same maximum penalty that is applicable to a failure by an individual to comply with the duty or obligation. (2) The following provisions are relevant provisions for the purposes of this section:
(a) Division 1 (General duties) of Part 2 (Duties relating to health, safety and welfare at work), (b) Division 2 (Duty to consult) of Part 2, (c) Division 4 (Incidents at places of work) of Part 5 (Investigations), (d) any provision of the regulations that is stated to be a relevant provision for the purposes of this section.
(1) In this section: conduct includes acts or omissions.(2) A person:
(a) whose conduct causes the death of another person at any place of work, and (b) who owes a duty under Part 2 with respect to the health or safety of that person when engaging in that conduct, and (c) who is reckless as to the danger of death or serious injury to any person to whom that duty is owed that arises from that conduct, is guilty of an offence. Maximum penalty:
(a) in the case of a corporation—15,000 penalty units, or (b) in the case of an individual—imprisonment for 5 years or 1,500 penalty units, or both. Note— Section 17 of the provides, at the enactment of this Act, that the value of a penalty unit is $110. Accordingly, the above maximum penalties are as follows: Crimes (Sentencing Procedure) Act 1999
(a) in the case of a corporation—$1,650,000, (b) in the case of an individual—$165,000 or imprisonment for 5 years, or both.
(1) Proceedings for an offence against this Part may only be dealt with summarily before the Industrial Relations Commission in Court Session, despite anything to the contrary in section 105.
Note— See Part 6 for powers of inspectors to issue investigation, improvement or prohibition notices.
(1) An inspector may apply to an authorised officer for a search warrant if the inspector has reasonable grounds for believing that a provision of this Act or the regulations has been or is being or is about to be contravened in or about any premises.
(1) Self-incrimination not an excuse A person is not excused from a requirement under this Division to make a statement, to give or furnish information, to answer a question or to produce a document on the ground that the statement, information, answer or document might incriminate the person or make the person liable to a penalty.
(1) This section applies if an inspector, in good faith, exercises functions under any relevant legislation in relation to a place of work that is not a place of work in relation to which the inspector has authority. (2) An inspector must, as soon as practicable after becoming aware of exercising functions in relation to such a place of work, either:
(a) notify the appropriate authority in writing of the functions so exercised, or (b) if the regulations require the inspector to notify another specified person—notify that specified person.
(1) The occupier of any place of work must give WorkCover notice in accordance with this section of any of the following incidents:
(a) any serious incident at the place of work (as referred to in section 87), (b) any incident occurring at or in relation to the place of work that the regulations declare to be an incident that is required to be notified to WorkCover. Maximum penalty:
(a) in the case of a corporation (being a previous offender)—750 penalty units, or (b) in the case of a corporation (not being a previous offender)—500 penalty units, or (c) in the case of an individual (being a previous offender)—375 penalty units, or (d) in the case of an individual (not being a previous offender)—250 penalty units. (2) Any such notice must be given:
(a) as soon as practicable (but not later than 7 days) after the occupier becomes aware of the incident, and (b) in the manner and form required by the regulations.
(1) In this section: serious incident means:
(a) an incident that has resulted in a person being killed, or (b) any other incident prescribed by the regulations for the purposes of this definition. (2) The occupier of a place of work must take measures to ensure that:
(a) plant at that place is not used, moved or interfered with after it has been involved in a serious incident, and (b) the area at that place that is within 4 metres (or, if the regulations prescribe some other distance, that other distance) of the location of a serious incident is not disturbed. Maximum penalty:
(a) in the case of a corporation (being a previous offender)—750 penalty units, or (b) in the case of a corporation (not being a previous offender)—500 penalty units, or (c) in the case of an individual (being a previous offender)—375 penalty units, or (d) in the case of an individual (not being a previous offender)—250 penalty units.
(1) The Minister may direct WorkCover, or any department of the Government responsible to the Minister, to prepare a special report for the Minister with respect to:
(a) any incident that occurred at a place of work and that caused the death of or bodily injury to any person, or (b) any incident at a place of work that constituted a danger to any person. (2) The Minister may, if the Minister thinks fit, cause such a report or any part of such a report to be made public, whether by causing the report or part of the report to be published or otherwise. The Minister may table a copy of the report in Parliament.
(1) An applicant who is not satisfied with the result of a review by WorkCover of a notice under this Part may appeal against the notice to the Local Court constituted by an Industrial Magistrate sitting alone.
(1) This Part applies to proceedings in connection with this Act or the regulations.
(1) Proceedings for an offence against this Act or the regulations are to be dealt with summarily:
(a) before the Local Court, or (b) before the Industrial Relations Commission in Court Session.
(1) Proceedings for an offence against this Act or the regulations may be instituted within the period of 2 years after the act or omission alleged to constitute the offence, except as otherwise provided by this section or section 107A.
(1) If an act or omission alleged to constitute an offence against this Act or the regulations gives rise to an incident (a work incident ) to which section 86 (Notification of incidents) applies, proceedings for the offence may be instituted:
(a) within 2 years after the occurrence of the work incident, or (b) within 6 months after WorkCover first becomes aware of the work incident, whichever provides the longer period to institute proceedings. (2) It is to be conclusively presumed for the purposes of this section that WorkCover does not become aware of a work incident until whichever of the following happens first:
(a) notice of the incident is given in compliance with section 86, whether or not that notice is given within the time required under that section, (b) WorkCover gives the employer or occupier concerned notice in writing that is expressed to be notice for the purposes of this section and indicates that WorkCover has become aware of the incident.
(1) An authorised officer may serve a penalty notice on a person if it appears to the officer that the person has committed an offence under this Act or the regulations, being an offence prescribed by the regulations. (2) A penalty notice is a notice to the effect that, if the person served does not wish to have the matter dealt with by a court, the person may pay, within the time and to the person specified in the notice, the amount of penalty prescribed by the regulations for the offence if dealt with under this section. (3) A penalty notice may be served personally or by post.
(1) The court may, if it appears to the court that WorkCover has reasonably incurred costs and expenses during the investigation of the offence, order the offender to pay to WorkCover the costs and expenses so incurred in such amount as is fixed by the order.
(1) In this section, government corporation means:
(a) a corporation that is an agent of the Crown, or (b) a State owned corporation, or (c) a corporation that is a local health district or statutory health corporation within the meaning of the , or Health Services Act 1997 (d) a local council or county council, or (e) a public or local authority that is declared by the regulations to be a government corporation for the purposes of this section.
(1) The Full Bench may give a guideline judgment on application of the Attorney General.
(1) In this section: dangerous goods means:
(a) substances or articles subject to a national standard declared by the National Occupational Health and Safety Commission under section 38 of the of the Commonwealth, and National Occupational Health and Safety Commission Act 1985 (b) any other substances or articles that are a risk to public safety. handling , in relation to dangerous goods, includes conveying, manufacturing, processing, possessing, using, preparing for use, treating, dispensing, packing, selling, offering for sale, supplying, transferring, loading and unloading, rendering harmless, abandoning, destroying and disposing of dangerous goods.storing includes storing as a bailee or in any other capacity.
(1) The Minister may delegate to the Director-General any of the following functions of the Minister:
(a) (b) any function under this Act that is to be exercised by the Minister as a result of a regulation under section 133 that provides that a reference to WorkCover in a particular provision of this Act is to be read as a reference to the Minister.
(Section 141)