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Contents (2011 - 10)
Work Health and Safety Act 2011 No 10
Current version for 21 March 2018 to date (accessed 22 July 2018 at 06:53)
Part 1 Division 3 Subdivision 1
Subdivision 1 Definitions
4   Definitions
In this Act:
approved code of practice means a code of practice approved under Part 14.
authorised, in Part 4—see section 40.
authorising authority means the Industrial Relations Commission.
Category 1 offence—see section 31.
Category 2 offence—see section 32.
Category 3 offence—see section 33.
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 the holder of a public office, or a public authority, of the Commonwealth, or of a State, who or which is responsible for administering a corresponding WHS law.
corresponding WHS law means:
(a)  a law of an Australian jurisdiction that has the same name as this Act, and
(b)  a law of an Australian jurisdiction that is prescribed by the regulations as a corresponding WHS law.
court means the court having jurisdiction in the matter concerned.
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.
employee record, in relation to an employee, has the same meaning as it has in the Privacy Act 1988 of the Commonwealth.
employer organisation means an organisation of employers.
engage in conduct means doing an act or omitting to do an act.
Fair Work Act means the Fair Work Act 2009 of the Commonwealth.
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.
import means to bring into the jurisdiction from outside Australia.
inspector means an inspector appointed under Part 9.
 Section 18 (8) of the Work Health and Safety (Mines and Petroleum Sites) Act 2013 deems government officials under that Act to also be inspectors.
internal reviewer means:
(a)  the regulator, or
(b)  a person appointed by the regulator under section 225.
local authority means a council, county council or joint organisation under the Local Government Act 1993.
medical treatment means treatment by a medical practitioner within the meaning of the Health Practitioner Regulation National Law (NSW).
member of staff of the regulator means:
(a)  in the case of SafeWork NSW—a person employed in the Department of Finance, Services and Innovation, or
(b)  in the case of the Secretary of the Department of Planning and Environment—a person employed in that Department.
notifiable incident—see section 35.
officer means:
(a)  an officer within the meaning of section 9 of the Corporations Act 2001 of the Commonwealth other than a partner in a partnership, or
(b)  an officer of the Crown within the meaning of section 247, or
(c)  an officer of a public authority within the meaning of section 252,
other than an elected member of a local authority acting in that capacity.
official of a union, in Part 7—see section 116.
person conducting a business or undertaking—see section 5.
personal information has the same meaning as it has in the Privacy Act 1988 of the Commonwealth.
plant includes:
(a)  any machinery, equipment, appliance, container, implement and tool, and
(b)  any component of any of those things, and
(c)  anything fitted or connected to any of those things.
prohibited reason, in Part 6—see section 106.
public authority means:
(a)  a Division of the Government Service, or
(b)  a NSW Government agency, or
(c)  a local authority, or
(d)  any other public or local authority constituted by or under an Act.
reasonably practicable, in relation to a duty to ensure health and safety—see section 18.
regulator means the regulator established under clause 1 of Schedule 2.
relevant person conducting a business or undertaking, in Part 7—see section 116.
relevant union, in Part 7—see section 116.
relevant worker, in Part 7—see section 116.
representative, in relation to a worker, means:
(a)  the health and safety representative for the worker, or
(b)  a union representing the worker, or
(c)  any other person the worker authorises to represent him or her.
SafeWork NSW means SafeWork NSW as referred to in clause 1 of Schedule 2.
serious injury or illness, in Part 3—see section 36.
State includes Territory.
State or Territory industrial law has the same meaning as it has in the Fair Work Act.
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.
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.