Schedule 4 Savings, transitional and other provisions
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:this Act
(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication on the NSW legislation website, the provision does not operate so as:(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.(4) A provision referred to in subclause (1) has effect, if the regulations so provide, despite any other clause of this Schedule.(5) The power to make regulations under subclause (1) extends to authorise the making of regulations whereby the provisions of this Act are deemed to be amended in a specified manner, but any regulation made pursuant to this subclause:(a) may only be made for or with respect to matters for or with respect to which this Act makes provision, and(b) may not be made so as to have effect after 31 December 2012, and(c) ceases to have effect, unless sooner revoked or otherwise ceasing to have effect, on 31 December 2012.
Part 2 Provision consequent on enactment of this Act
In this Part:OHS Act means the Occupational Health and Safety Act 2000.
An industry code of practice approved and in force under Part 4 of the OHS Act immediately before the repeal of that Act is taken to be an approved code of practice under Part 14 of this Act.
4 Improvement or prohibition notices
(1) An improvement notice or provisional improvement notice may be issued under this Act in relation to a contravention of the OHS Act or the regulations under the OHS Act that occurred before the commencement of this Act.(2) An improvement notice or prohibition notice issued under the OHS Act and in force on the commencement of this Act is taken to be an improvement notice or prohibition notice issued under this Act.(3) Any appeal, review or other proceeding pending under the OHS Act in relation to an improvement notice or prohibition notice issued under the OHS Act is taken to be a proceeding pending under the corresponding provision of this Act.
(1) A person appointed as an inspector under the OHS Act and holding office on the repeal of the OHS Act is taken to be appointed as an inspector under this Act, subject to the regulations under this Schedule.(2) An identification card issued to the inspector under the OHS Act (or to a person taken to have been appointed as an inspector under section 47A or 47B of the OHS Act) is taken to be an identity card issued under this Act until its replacement under this Act, and may be used by an inspector under this Act even though it refers to provisions of the OHS Act.
6 Investigative powers and related matters
Part 9 (Securing compliance) extends to the exercise of powers in connection with the OHS Act or a regulation under the OHS Act in relation to offences committed against the OHS Act or the regulation before its repeal or in relation to any other matter that continues to have any force or effect (except as provided by or under this Schedule).
7 Continuation of repealed Regulations
Without limiting clause 1, the regulations under that clause may make provision for or with respect to:(a) the continued operation after the commencement of this Act of a regulation or provision of a regulation made or continued in operation by or under the OHS Act or by or under an Act repealed by the OHS Act, or(b) anything done under any such regulation or provision and having any force or effect immediately before the commencement of this Act.
8 Existing notices, exemptions etc
A notice, direction, order, requirement, exemption or other instrument that:(a) is given, issued or made under the OHS Act, and(b) is in force on the repeal of the OHS Act,has effect for the purposes of any corresponding provision of or made under this Act, unless this Act or the regulations otherwise provide.
Anything done under the OHS Act or a provision of the OHS Act that has any force or effect immediately before its repeal is taken to have been done under the corresponding provision of this Act, subject to any express or implied provision to the contrary in this Act or the regulations made under this Act.
Part 3 Provisions consequent on enactment of Work Health and Safety Legislation Amendment Act 2011
In this Part:amending Act means the Work Health and Safety Legislation Amendment Act 2011.
OHS Act means the Occupational Health and Safety Act 2000.
11 Amendment of Coal Mine Health and Safety Act 2002
(1) Section 8B of the Coal Mine Health and Safety Act 2002 (the CMHS Act) extends to matters arising before the commencement of this Act as if a reference in that section to this Act included a reference to the OHS Act.(2) A reference to this Act in section 14, 15 or 16 of the CMHS Act includes a reference to the OHS Act in relation to an offence committed before the commencement of this Act.(3) A site-specific occupational health and safety management plan prepared for the purposes of section 75 of the CMHS Act that is in force immediately before the commencement of this Act is taken to have been prepared as a site-specific work health and safety management plan.(4) A reference to this Act in section 175 of the CMHS Act includes a reference to the OHS Act in relation to a failure that occurs before the commencement of this Act.(5) A reference to this Act in section 191 of the CMHS Act includes a reference to the OHS Act in relation to an offence committed before the commencement of this Act.(6) A reference to this Act in section 220 of the CMHS Act includes a reference to the OHS Act in relation to a matter or thing done or omitted before the commencement of this Act.(7) A reference to the OHS Act in clause 27 (Validation) of Schedule 3 to the CMHS Act includes a reference to this Act if the relevant date under that clause is after the commencement of this Act.
12 Amendment of Crimes (Sentencing Procedure) Act 1999
Section 27 of the Crimes (Sentencing Procedure) Act 1999 continues to apply as it was in force before the commencement of this Act to and in relation to an offence against Division 1 of Part 2 of the OHS Act committed before the commencement of this Act.
13 Amendment of Criminal Procedure Act 1986
Sections 215 and 257D of the Criminal Procedure Act 1986 continue to apply as it was in force before the commencement of this Act to and in respect of proceedings for an offence committed before that commencement.
14 Amendment of Industrial Relations Act 1996
(1) There is no right of appeal under section 197A (Appeals against acquittals in proceedings for offences against occupational health and safety legislation) of the Industrial Relations Act 1996 (the IR Act) after the repeal of that section, except as provided by subclause (2).(2) Section 197A of the IR Act continues to apply (despite its repeal) to and in relation to an appeal commenced under that section before its repeal.(3) Section 210 (1) (j) of the IR Act continues to apply as it was in force before the commencement of this Act to and in relation to:(a) any complaint made about a workplace matter (as referred to in that provision) before the repeal of that provision, and(b) the exercise before the repeal of that provision of any function conferred under Division 2 of Part 2 of the OHS Act.(4) Section 383A (a) of the IR Act continues to apply (despite its repeal) to and in relation to the recovery of any amount ordered to be paid under section 114 of the OHS Act by the Local Court constituted by an Industrial Magistrate before the repeal of that provision.
15 Amendment of Mine Health and Safety Act 2004
(1) Section 8 of the Mine Health and Safety Act 2004(the MHS Act) extends to matters arising before the commencement of this Act as if a reference in that section to this Act included a reference to the OHS Act.(2) A reference to this Act in sections 18, 19 and 20 of the MHS Act includes a reference to the OHS Act in relation to an offence committed before the commencement of this Act.(3) A reference to this Act in section 100 of the MHS Act includes a reference to the OHS Act in relation to a serious breach of a provision of the OHS Act or the regulations under that Act that occurs before the commencement of this Act.(4) A reference to this Act in section 164 of the MHS Act includes a reference to the OHS Act in relation to a failure that occurs before the commencement of this Act.(5) A reference to this Act in section 189 of the MHS Act includes a reference to the OHS Act in relation to a matter or thing done or omitted before the commencement of this Act.
16 Amendment of Mining Act 1992
A reference to this Act in section 378E of the Mining Act 1992 includes a reference to the OHS Act in relation to an order or direction given before the commencement of this Act.
17 Amendment of Rail Safety Act 2008
(1) Section 138 (1) of the Rail Safety Act 2008 (the Act) continues to apply as it was in force before the commencement of this Act to and in respect of offences committed before the commencement of this Act.(2) Section 138 (2) of the Act continues to apply as it was in force before the commencement of this Act to and in respect of improvement or prohibition notices issued before the commencement of this Act.(3) Except as otherwise provided by this clause, an amendment made to the Act by the amending Act does not apply to an act or omission that occurs before the commencement of the amendment.
18 Amendment of Road Transport (General) Act 2005
For the purposes of section 244A of the Road Transport (General) Act 2005, a person who commits an act or omission that constitutes an offence under an applicable road law and under the OHS Act is not liable to be punished twice in relation to that offence if it was committed before the commencement of this Act.
19 Amendment of Rural Workers Accommodation Act 1969
For the purposes of section 20 of the Rural Workers Accommodation Act 1969 (the Act), a person who commits an act or omission that constitutes an offence under the Act (or any regulations made under the Act) and under the OHS Act is not liable to be punished twice in relation to that offence if it was committed before the commencement of this Act.
20 Amendment of Workplace Injury Management and Workers Compensation Act 1998
(1) A reference in section 245A (Evidence—criminal proceedings under WHS legislation) of the Workplace Injury Management and Workers Compensation Act 1998 to work health and safety legislation includes (in relation to an offence committed before the commencement of this Act) a reference to occupational health and safety legislation within the meaning of that Act as in force before that commencement.(2) For the purposes of the operation of section 254 of the Workplace Injury Management and Workers Compensation Act 1998 after the commencement of this Act, an injury reported before that commencement by or on behalf of an employer to an inspector under the OHS Act is taken to have been reported to an inspector under this Act.(3) The Workers Compensation and Work Health and Safety Council of New South Wales is a continuation of the Workers Compensation and Workplace Occupational Health and Safety Council of New South Wales as constituted under the Workplace Injury Management and Workers Compensation Act 1998 before the commencement of this Act.