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Contents (2011 - 10)
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Work Health and Safety Act 2011 No 10
Current version for 21 March 2018 to date (accessed 27 June 2019 at 02:39)
Part 8
Part 8 The regulator
Division 1 Functions of regulator
152   Functions of regulator
The regulator has the following functions:
(a)  to advise and make recommendations to the Minister and report on the operation and effectiveness of this Act,
(b)  to monitor and enforce compliance with this Act,
(c)  to provide advice and information on work health and safety to duty holders under this Act and to the community,
(d)  to collect, analyse and publish statistics relating to work health and safety,
(e)  to foster a co-operative, consultative relationship between duty holders and the persons to whom they owe duties and their representatives in relation to work health and safety matters,
(f)  to promote and support education and training on matters relating to work health and safety,
(g)  to engage in, promote and co-ordinate the sharing of information to achieve the object of this Act, including the sharing of information with a corresponding regulator,
(h)  to conduct and defend proceedings under this Act before a court or tribunal,
(i)  any other function conferred on the regulator by this Act.
153   Powers of regulator
(1)  Subject to this Act, the regulator has the power to do all things necessary or convenient to be done for or in connection with the performance of its functions.
(2)  Without limiting subsection (1), the regulator has all the powers and functions that an inspector has under this Act.
154   Delegation by regulator
(1)  The regulator may, by instrument in writing, delegate to an authorised person a power or function under this Act other than this power of delegation.
(2)  A delegation under this section:
(a)  may be made subject to such conditions as the regulator thinks fit, and
(b)  is revocable at will, and
(c)  does not derogate from the power of the regulator to act.
(3)  In this section:
authorised person means:
(a)  a member of staff of the regulator, or
(b)  a person of a class prescribed by the regulations or of a class approved by the regulator.
Division 2 Powers of regulator to obtain information
155   Powers of regulator to obtain information
(1)  This section applies if the regulator has reasonable grounds to believe that a person is capable of giving information, providing documents or giving evidence in relation to a possible contravention of this Act or that will assist the regulator to monitor or enforce compliance with this Act.
(2)  The regulator may, by written notice served on the person, require the person to do one or more of the following:
(a)  to give the regulator, in writing signed by the person (or in the case of a body corporate, by a competent officer of the body corporate) and within the time and in the manner specified in the notice, that information of which the person has knowledge,
(b)  to produce to the regulator, in accordance with the notice, those documents,
(c)  to appear before a person appointed by the regulator on a day, and at a time and place, specified in the notice (being a day, time and place that are reasonable in the circumstances) and give either orally or in writing that evidence and produce those documents.
(3)  The notice must:
(a)  state that the requirement is made under this section, and
(b)  contain a statement to the effect that a failure to comply with a requirement is an offence, and
(c)  if the notice requires the person to provide information or documents or answer questions:
(i)  contain a statement about the effect of sections 172 and 269, and
(ii)  state that the person may attend with a legal practitioner.
(4)  The regulator must not make a requirement under subsection (2) (c) unless the regulator has taken all reasonable steps to obtain the information under subsections (2) (a) and (b) and has been unable to do so.
(5)  A person must not, without reasonable excuse, refuse or fail to comply with a requirement under this section.
Maximum penalty:
(a)  in the case of an individual—$10,000, or
(b)  in the case of a body corporate—$50,000.
(6)  Subsection (5) places an evidential burden on the accused to show a reasonable excuse.
(7)  Section 172 (with any necessary changes) applies to a requirement under this section.
(8)  The regulator has the same power to record questions, answers and evidence given orally under this section as an inspector has under section 185A in respect of questions and answers to questions given under Part 9.
155A   Extraterritorial application
(1)  A notice under section 155 may be served on a person in respect of a matter even though the person is outside the State or the matter occurs or is located outside the State, so long as the matter relates to the administration of this Act (including, but not limited to, investigation of, or enforcement action relating to, offences against this Act).
(2)  To avoid doubt, section 155 (5) applies to a requirement in a notice that is served in the manner referred to in subsection (1).