Work Health and Safety Act 2011
Sections and provisions with full text and the judgments that cite each one.
Section 1 — Monetary penalties—categories 1 to 3
A penalty referred to in column 1 of an item of the following table, for a person referred to in the heading to another column of the table, is the amount specified in that other column of that item,…
Section 2 — Monetary penalties—tiers A to I
A penalty referred to in column 1 of an item of the following table, for a person referred to in the heading to another column of the table, is the amount specified in that other column of that item,…
Section 3 — Object
(1) The main object of this Act is to provide for a balanced and nationally consistent framework to secure the health and safety of workers and workplaces by: (a) protecting workers and other persons…
Section 3A — Definitions for this Part
In this Part: Advisory Committee means the Family and Injured Workers Advisory Committee established under clause 3B. Advisory Committee member means a member of the Advisory Committee and includes…
Section 3B — Establishment of the Family and Injured Workers Advisory Committee
The Minister must establish a committee called the Family and Injured Workers Advisory Committee. The Advisory Committee must be established before the end of the period of 12 months beginning on the…
Section 3C — Functions of the Advisory Committee
The functions of the Advisory Committee are as follows: (a) to give advice, and make recommendations, to the Minister about the needs of persons affected, directly or indirectly, by serious…
Section 3D — Membership of the Advisory Committee
The Advisory Committee consists of the following members: (a) 2 Co-Chairs; (b) at least 3 other members.
Section 3E — Appointment of Advisory Committee members
(1) Each Advisory Committee member is to be appointed by the Minister, by written instrument, on a part-time basis. Note: An Advisory Committee member may be reappointed (see section 33AA of the Acts…
Section 3F — Invited participants
(1) A Co-Chair may, after consulting the other members of the Advisory Committee, invite a person, body or organisation to participate in a meeting. (2) A Co-Chair may terminate the invitation at any…
Section 3G — Acting appointments
(1) The Minister may, by written instrument, appoint an Advisory Committee member (other than the second Co-Chair) to act as the first Co-Chair: (a) during a vacancy in the office of the first…
Section 3H — Remuneration and allowances
(1) An Advisory Committee member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Advisory…
Section 3J — Leave of absence
(1) The Minister may grant leave of absence to a Co-Chair on the terms and conditions that the Minister determines. (2) A Co-Chair may grant leave of absence to an Advisory Committee member (other…
Section 3K — Disclosure of interests to the Minister
An Advisory Committee member must give written notice to the Minister of all interests, pecuniary or otherwise, that the member has or acquires and that conflict or could conflict with the proper…
Section 3L — Disclosure of interests to the Advisory Committee
(1) An Advisory Committee member who has an interest, pecuniary or otherwise, in a matter being considered or about to be considered by the Advisory Committee must disclose the nature of the interest…
Section 3M — Resignation
(1) An Advisory Committee member may resign the member’s appointment by giving the Minister a written resignation. (2) The resignation takes effect on the day it is received by the Minister or, if a…
Section 3N — Termination of appointment
(1) The Minister may terminate the appointment of an Advisory Committee member: (a) for misbehaviour; or (b) if the Advisory Committee member is unable to perform the duties of the office because of…
Section 3P — Other terms and conditions
An Advisory Committee member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.
Section 3Q — Meetings and procedures
(1) The regulations may prescribe the procedures to be followed at, or in relation to, meetings of the Advisory Committee, including matters relating to the following: (a) convening meetings; (b) the…
Section 3R — Administrative support
The Secretary of the Department must ensure that the Advisory Committee has the necessary administrative and other support to enable the Advisory Committee to perform its functions efficiently and…
Section 4 — Definitions
In this Act: approved code of practice means a code of practice approved under Part 14. ASIS means the Australian Secret Intelligence Service. Australia, when used in its geographical sense, includes…
Section 5 — Meaning of person conducting a business or undertaking
(1) For the purposes of this Act, a person conducts a business or undertaking: (a) whether the person conducts the business or undertaking alone or with others; and (b) whether or not the business or…
Section 6 — Meaning of supply
(1) A supply of a thing includes a supply and a resupply of the thing by way of sale, exchange, lease, hire or hire-purchase, whether as principal or agent. (2) A supply of a thing occurs on the…
Section 7 — Meaning of worker
(1) A person is a worker if the person carries out work in any capacity for a person conducting a business or undertaking, including work as: (a) an employee; or (b) a contractor or subcontractor; or…
Section 8 — Meaning of workplace
(1) A workplace is a place where work is carried out for a business or undertaking and includes any place where a worker goes, or is likely to be, while at work. (2) In this section, place includes:…
Section 9 — Examples and notes
(1) An example at the foot of a provision forms part of this Act. (2) A note at the foot of a provision forms part of this Act.
Section 10 — Issue resolution
Matters relating to issue resolution including: (a) the minimum requirements for an agreed procedure for resolving an issue; and (b) the requirements for a default issue resolution procedure where…
Section 11 — WHS entry permits
Matters relating to WHS entry permits, including providing for: (a) eligibility for WHS entry permits; and (b) procedures for applications for WHS entry permits and objections to applications for WHS…
Section 12 — Scope
The Commonwealth and public authorities (1) This Act applies in relation to each of the following: (a) if the Commonwealth is conducting a business or undertaking: (i) the Commonwealth; and (ii) an…
Section 12A — Act does not apply to certain vessels, structures and facilities
(1) This Act does not apply in relation to any vessel (including a ship or a barge) or any structure to which the Occupational Health and Safety (Maritime Industry) Act 1993 applies. (2) This Act…
Section 12B — Duty to consult etc. where law of more than one jurisdiction applies to the same matter
If a person has a duty in relation to a matter under this Act and another person has a duty under a corresponding WHS law in relation to the same matter, the person who has the duty under this Act…
Section 12C — Act not to prejudice national security
(1) Nothing in this Act requires or permits a person to take any action, or to refrain from taking any action, that would be, or could reasonably be expected to be, prejudicial to Australia’s…
Section 12D — Act not to prejudice Australia’s defence
(1) Nothing in this Act requires or permits a person to take any action, or to refrain from taking any action, that would be, or could reasonably be expected to be, prejudicial to Australia’s…
Section 12E — Act not to prejudice certain police operations
(1) Nothing in this Act requires or permits a person to take any action, or to refrain from taking any action, that would be, or could reasonably be expected to be, prejudicial to: (a) an existing or…
Section 12F — Interaction with Commonwealth criminal law
Application of the Crimes Act 1914 (1) Section 4AB of the Crimes Act 1914 does not apply to the provisions of this Act. Application of the Criminal Code (2) Strict liability applies to each physical…
Section 13 — Principles that apply to duties
This Subdivision sets out the principles that apply to all duties that persons have under this Act. Note: The principles will apply to duties under this Part and other Parts of this Act such as…
Section 14 — Review of decisions
Matters relating to the review of decisions under the regulations including: (a) prescribing decisions as reviewable decisions for the purposes of Part 12 or for the purposes of the regulations; and…
Section 15 — Person may have more than 1 duty
A person can have more than 1 duty by virtue of being in more than 1 class of duty holder.
Section 16 — More than 1 person can have a duty
(1) More than 1 person can concurrently have the same duty. (2) Each duty holder must comply with that duty to the standard required by this Act even if another duty holder has the same duty. (3) If…
Section 17 — Management of risks
A duty imposed on a person to ensure health and safety requires the person: (a) to eliminate risks to health and safety, so far as is reasonably practicable; and (b) if it is not reasonably…
Section 18 — What is reasonably practicable in ensuring health and safety
In this Act, reasonably practicable, in relation to a duty to ensure health and safety, means that which is, or was at a particular time, reasonably able to be done in relation to ensuring health and…
Section 19 — Primary duty of care
(1) A person conducting a business or undertaking must ensure, so far as is reasonably practicable, the health and safety of: (a) workers engaged, or caused to be engaged by the person; and (b)…
Section 20 — Duty of persons conducting businesses or undertakings involving management or control of workplaces
(1) In this section, person with management or control of a workplace means a person conducting a business or undertaking to the extent that the business or undertaking involves the management or…
Section 21 — Duty of persons conducting businesses or undertakings involving management or control of fixtures, fittings or plant at workplaces
(1) In this section, person with management or control of fixtures, fittings or plant at a workplace means a person conducting a business or undertaking to the extent that the business or undertaking…
Section 22 — Duties of persons conducting businesses or undertakings that design plant, substances or structures
(1) This section applies to a person (the designer) who conducts a business or undertaking that designs: (a) plant that is to be used, or could reasonably be expected to be used, as, or at, a…
Section 23 — Duties of persons conducting businesses or undertakings that manufacture plant, substances or structures
(1) This section applies to a person (the manufacturer) who conducts a business or undertaking that manufactures: (a) plant that is to be used, or could reasonably be expected to be used, as, or at,…
Section 24 — Duties of persons conducting businesses or undertakings that import plant, substances or structures
(1) This section applies to a person (the importer) who conducts a business or undertaking that imports: (a) plant that is to be used, or could reasonably be expected to be used, as, or at, a…
Section 25 — Duties of persons conducting businesses or undertakings that supply plant, substances or structures
(1) This section applies to a person (the supplier) who conducts a business or undertaking that supplies: (a) plant that is to be used, or could reasonably be expected to be used, as, or at, a…
Section 26 — Duty of persons conducting businesses or undertakings that install, construct or commission plant or structures
(1) This section applies to a person who conducts a business or undertaking that installs, constructs or commissions plant or a structure that is to be used, or could reasonably be expected to be…
Section 27 — Duty of officers
(1) If a person conducting a business or undertaking has a duty or obligation under this Act, an officer of the person conducting the business or undertaking must exercise due diligence to ensure…
Section 28 — Duties of workers
While at work, a worker must: (a) take reasonable care for his or her own health and safety; and (b) take reasonable care that his or her acts or omissions do not adversely affect the health and…