1 Name of Act
2 Commencement
3 Objects
4 Definitions
5 Application of Act
6 When employees and self-employed persons at work
7 Risks arising from activities at work
Part 2 Duties relating to health, safety and welfare at work
7A The concept of ensuring health and safety
8 Duties of employers
9 Duties of self-employed persons
10 Duties of controllers of work premises, plant or substances
11 Duties of designers, manufacturers and suppliers of plant and substances for use at work
12 Penalty for offence against this Division
13 Duty of employer to consult
14 Nature of consultation
15 When consultation is required
16 How consultation to be undertaken
17 Establishment of OHS committees, election of OHS representatives and other agreed arrangements
18 Functions of OHS committees and OHS representatives
19 Regulations with respect to consultation
20 Duties of employees
21 Person not to interfere with or misuse things provided for health, safety and welfare
22 Employer not to charge employees for things done or provided pursuant to statutory requirement
23 Unlawful dismissal or other victimisation of employee
23A Application for reinstatement of employee unlawfully dismissed under section 23
24 Person not to hinder aid to injured worker etc
25 Person not to disrupt workplace by creating health or safety fears
Division 4 Ancillary provisions
26 Officers of corporations required to exercise due diligence
27 Aiding and abetting etc
28 (Repealed)
29 Relationship between duties under this Part and regulations
30 Alternative verdicts
31 Multiple contraventions of general duties under Division 1
32 Civil liability not affected by this Part
Part 2A Workplace deaths—offence
32A Reckless conduct causing death at workplace by person with OHS duties
32B Prosecution for offences under this Part
33 Regulations: general power
34 Regulations: specific miscellaneous powers
35 Regulations: specific powers with respect to licences, certificates of competency, registration and other authorities
36 Regulations may prescribe decisions that are to be reviewable by Administrative Decisions Tribunal
37 Regulations: adapting duties under Part 2
38 Regulations may adopt other publications
39 Regulations may create criminal offences
39A Civil liability under regulations
Part 4 Industry codes of practice
40 Purpose of industry codes of practice
41 WorkCover may prepare draft codes
42 Consultation on draft codes
43 Approval of codes by Minister
44 Publication, commencement and availability of codes
45 Amendment or revocation of codes
46 Use of codes
Division 1 Appointment of inspectors
47 Appointment of inspectors (otherwise than in connection with mining workplaces or coal workplaces)
47A Appointment of inspectors in connection with mining workplaces
47B Appointment of inspectors in connection with coal workplaces
48 Identification of inspectors
Division 2 Powers of inspectors
Note
49 (Repealed)
50 Powers of entry for places of work
51 Notice of entry
52 Production of authority to enter premises
53 Time for entry into premises
54 Use of force on entry
55 Notification of use of force on entry
56 Compensation
57 Entry to premises used for residential purposes
58 Search warrant
59 General powers available on entry
60 Powers available on entry to dismantle, take and keep things
61 Care to be taken
62 Power of inspectors to obtain information, documents and evidence
63 Power of inspector to demand name and address
64 Attendance of inspector at coronial inquest
65 Protection from incrimination
66 Offence: compliance
67 Offence of impersonating an inspector
68 Inspector may request assistance
69 Power of employees’ representative to accompany inspector
70 Notice of taking or dismantling plant, substances or other things
71 Powers supporting taking of things
72 Receipt for things taken
73 Forfeiture of things taken
74 Return of things taken
75 Access to things taken
75A Certain actions by inspectors
Division 3 Entry and inspection powers of authorised employees’ representatives
76 Definition
77 Powers of entry of places of work
78 Notice of entry
79 Authority to enter premises
80 Entry to premises used for residential purposes
81 Powers available on entry
82 Care to be taken
83 Authorised representative may request assistance from inspector
84 Offence of failing to comply with requirement of authorised representative
85 Offence of impersonating an authorised representative
Division 4 Incidents at places of work
86 Notification of incidents
87 Non-disturbance of plant involved in serious incidents (and of surrounding area)
88 Minister may require and publish special reports into incidents
Part 6 Investigation, improvement and prohibition notices
Division 1 Investigation notices
89 Investigation notice to stop plant or prevent disturbance of premises to allow investigation
90 Offence: failure to comply with investigation notice
Division 2 Improvement notices
91 Issue of improvement notices
92 Offence: failure to comply with improvement notice
Division 3 Prohibition notices
93 Issue of prohibition notices
94 Offence: failure to comply with prohibition notice
Division 4 General provisions relating to notices
95 Notices may include directions
96 Review of notices by WorkCover
97 Appeal to Industrial Magistrate following review
98 Application to Industrial Magistrate for stay of investigation or prohibition notice
99 Withdrawal of notices
100 Revocation or withdrawal of notice does not prevent issue of another notice
101 Service of notices
102 Exhibition of notices
103 Proceedings for offences not affected by notices
104 (Repealed)
Part 7 Criminal and other proceedings
Division 1A Application of this Part
104A Application of this Part
Division 1 Proceedings for offences generally
105 Summary procedure for offences
106 Authority to prosecute
107 Time for instituting proceedings for offences
107A Time for instituting proceedings—special provision for work incident notification
108 Penalty notices for certain offences
109 Evidentiary statements
110 Onus of proof concerning reasonable excuse
Division 2 Court orders in connection with offences
111 Operation of Division
112 Orders generally
113 Orders for restoration
114 Orders regarding costs and expenses of investigation
115 Orders to publicise or notify offence
116 Orders to undertake OHS projects
117 Offence: failure to comply with order
Division 3 Proceedings against the Crown and government agencies
118 Act to bind Crown
119 Criminal proceedings against the Crown and agents of the Crown
120 Responsible agency for the purposes of proceedings against the Crown
121 Penalties in respect of proceedings against the Crown
122 Investigation, improvement or prohibition notices in connection with the Crown
123 Proceedings against successors of government corporations
Division 4 Sentencing guidelines
124 Definitions
125 Guideline judgments on application of Attorney General
126 Peak councils may intervene
127 Full Bench may give persons or organisations leave to appear
128 Alteration of guideline judgments
129 Discretion of Full Bench preserved
130 Rules of Industrial Relations Commission
131 Use of evidence in giving guideline judgments
132 Application of associated occupational health and safety legislation
133 Application of Act to mining workplaces and coal workplaces—references to WorkCover
134 Application of Act to police officers
135 Plant affecting public safety—extension of Act
135A Dangerous goods—extension of Act
136 Offence of obstructing or intimidating inspectors and others exercising functions under Act
137 Disclosure of information by inspectors and others
137A Delegation of certain functions
138 Notes
139 Repeals
140 (Repealed)
141 Savings, transitional and other provisions
142 Review of Act