Work Health and Safety Regulation 2017
Part 11.3 Miscellaneous
699 Incident notification—prescribed serious illnesses
For the purposes of section 36 of the Act, each of the following conditions is a serious illness—(a) any infection to which the carrying out of work is a significant contributing factor, including any infection that is reliably attributable to carrying out work—(i) with micro-organisms, or(ii) that involves providing treatment or care to a person, or(iii) that involves contact with human blood or body substances, or(iv) that involves handling or contact with animals, animal hides, skins, wool or hair, animal carcasses or animal waste products,Note.The Public Health Act 2010 also imposes obligations relating to the notification of certain medical conditions.(b) the following occupational zoonoses contracted in the course of work involving handling or contact with animals, animal hides, skins, wool or hair, animal carcasses or animal waste products—(i) Q fever,(ii) Anthrax,(iii) Leptospirosis,(iv) Brucellosis,(v) Hendra Virus,(vi) Avian Influenza,(vii) Psittacosis.
700 Inspectors’ identity cards
For the purposes of section 157(1) of the Act, an identity card given by the regulator to an inspector must include the following—(a) a recent photograph of the inspector in the form specified by the regulator,(b) the inspector’s signature,(c) the date (if any) on which the inspector’s appointment ends,(d) any conditions to which the inspector’s appointment is subject, including the kinds of workplaces in relation to which the inspector may exercise his or her compliance powers.
701 Review of decisions under the Act—stay of decision
For the purposes of section 228(6)(a) of the Act, the prescribed period is the relevant period within which an application for an external review must be made under section 229(2) of the Act.
701A Regulator’s power to waive, reduce, postpone or refund fees
The regulator may waive, reduce, postpone or refund, in whole or part, a fee payable or paid under the Act or this Regulation if the regulator is satisfied it is appropriate because—(a) the person who is to pay or has paid the fee is suffering financial hardship, or(b) special circumstances exist.Example of ‘special circumstances’—circumstances involving a natural disaster or recovery from a natural disaster
702 Confidentiality of information—exception relating to administration or enforcement of other laws
The following Acts are prescribed for the purposes of section 271(3)(c)(ii) of the Act—(a) a corresponding WHS law,(b) Coroners Act 2009,(c) Crimes Act 1900,(f) Dams Safety Act 2015,(i) Explosives Act 2003,(i1) Fair Trading Act 1987,(j3) Home Building Act 1989,(l1) Marine Safety Act 1998,(l2) Marine Safety (Domestic Commercial Vessel) National Law Act 2012 of the Commonwealth,(n) Mining Act 1992,(o) National Vocational Education and Training Regulator Act 2011 of the Commonwealth,(o1) Navigation Act 2012 of the Commonwealth,(p) Occupational Health and Safety Act 2004 of Victoria,(q1) Occupational Health and Safety (Maritime Industry) Act 1993 of the Commonwealth,(q) Occupational Safety and Health Act 1984 of Western Australia,(v) Rural Fires Act 1997,(y) Water Act 1912,
(1) Any act, matter or thing that, immediately before the repeal of the Work Health and Safety Regulation 2011, had effect under that regulation continues to have effect under this Regulation.(2) Division 2 of Part 5.3 does not apply until 1 January 2021 and Subdivision 2 of Division 3 of Part 5.2 of the Occupational Health and Safety Regulation 2001 (as in force immediately before its repeal) continues to apply to any item of plant until 1 January 2021 as if that Regulation had not been repealed.(3) However, subclause (2) does not extend to the following—(a) an item of plant specified in Part 2 of the Table to clause 113 of the Occupational Health and Safety Regulation 2001,(b) amusement devices that are—(i) passenger ropeways, or(ii) water slides where water facilitates patrons to slide easily, predominantly under gravity, along a static structure.Note.Schedule 18B to the Work Health and Safety Regulation 2011 contained a number of savings and transitional provisions consequent on the enactment of the Work Health and Safety Act 2011 and its repeal of the Occupational Health and Safety Act 2000.Section 30(2)(d) of the Interpretation Act 1987 provides that the repeal of a regulation does not affect the operation of any savings or transitional provision contained in the regulation.
702B Register of certain licences and training cards
(1) The regulator must keep a register of each person who is a holder of one or more of the following licences (a licence)—(a) an asbestos assessor licence,(b) an asbestos removal licence,(c) a demolition licence (being a licence granted under Chapter 10 of the Occupational Health and Safety Regulation 2001 in respect of demolition work and restricted demolition work within the meaning of that Chapter, which continues in force by the operation of clause 64 of Schedule 18B to the Work Health and Safety Regulation 2011),(d) a high risk work licence,(e) a general construction induction training card,(f) a traffic control work training card.(2) For the purpose of this clause, a training card is taken to be a licence.(3) The register must include the following particulars in respect of a licence—(a) the name of the licence holder,(b) the licence number and licence class or type,(c) the date of issue and current expiry date of the licence (if any),(d) the conditions imposed on the licence, if any, and the date of any alteration to the conditions,(e) if the licence is an asbestos removal licence—the name of each supervisor named to the regulator in relation to the licence,(f) details of any other licences under the Act held by the licence holder,(g) details of any surrender, cancellation or suspension of the licence.(4) The register may include the following particulars in respect of a licence—(a) the business address, telephone number and business email address of the licence holder,(b) if the licence holder is an individual—the year of birth of the licence holder,(c) the Australian Business Number (ABN) or Australian Company Number (ACN) (if any) of the licence holder,(d) details of any penalty notices issued to the holder in connection with the licence,(e) the results of any prosecutions against the holder under the Act (other than any prosecution that does not result in the holder being found guilty of an offence under the Act),(f) such other particulars as the regulator thinks appropriate for inclusion on the register.(5) The regulator may amend the register from time to time to remove any inaccuracies contained in it.(6) The regulator must make the following information from the register in respect of each licence publicly available for inspection in the manner and form determined by the regulator—(a) the name of the licence holder,(b) the licence number and licence class or type,(c) the date of issue and current expiry date of the licence (if any),(d) details of any surrender, cancellation or suspension of the licence,(e) such other information as the regulator thinks fit.(7) Despite subclause (6), the regulator may exclude information in respect of a person who is under the age of 18 years from the information made publicly available for inspection.