Part 4 Application of Work Health and Safety Act 2011
Note. The Work Health and Safety Act 2011 is the main Act that deals with the health, safety and welfare of persons at work. This Part explains how this Act fits in with the Work Health and Safety Act 2011. Basically, this Act creates additional protections, rights and obligations necessary because of the special risks associated with coal operations. This Part makes it clear that this Act provides for an increase in the standard of protection of persons at work at coal operations and does not result in less protection than the Work Health and Safety Act 2011 would otherwise provide.
11 Act to be read in conjunction with WHS Act
This Act is to be read in conjunction with the Work Health and Safety Act 2011.
12 Act adds to protection provided by WHS Act
(1) If a provision of the Work Health and Safety Act 2011 or the regulations made under that Act applies to coal operations, that provision continues to apply, and must be observed, in addition to this Act or the regulations made under this Act.Note. For example, Part 2 of the Work Health and Safety Act 2011 imposes duties relating to health, safety and welfare at coal operations. So does Part 5 of this Act. The provisions of this Act apply in addition to those of the WHS Act and do not remove any WHS protections, rights or obligations.(2) Without limiting subsection (1) or any other provision of this Act, the failure by an operator to comply with a provision of this Act or the regulations does not affect any liability of any other person under this Act or the regulations or under the Work Health and Safety Act 2011 or the regulations under that Act.
(1) The provisions of the Work Health and Safety Act 2011 and the regulations under that Act prevail, to the extent of any inconsistency, over the provisions of this Act and the regulations under this Act.Note. For example, if a provision of this Act deals with a certain matter and a provision of the Work Health and Safety Act 2011 deals with the same matter and it is not possible to comply with both provisions, then a person must comply with the Work Health and Safety Act 2011 and not with this Act. If provisions of both Acts deal with the same matter but it is possible to comply with both provisions, then a person must comply with both Acts.(2) This section is subject to section 122.
14 Compliance with this Act is no defence to prosecution under WHS Act
Compliance with this Act or the regulations, or with any requirement imposed under this Act or the regulations, is not in itself a defence in any proceedings for an offence against the Work Health and Safety Act 2011 or the regulations under that Act.
15 Evidence of contraventions of this Act and WHS Act
Evidence of a relevant contravention of this Act or the regulations is admissible in any proceedings for an offence against the Work Health and Safety Act 2011 or the regulations under that Act.
Where an act or omission constitutes an offence:(a) under this Act or the regulations, and(b) under the Work Health and Safety Act 2011 or the regulations under that Act,the offender is not liable to be punished twice in relation to the offence.