Work Health and Safety Act 2011
Sections and provisions with full text and the judgments that cite each one.
Section 176 — Inspector’s power to seize dangerous workplaces and things
(1) This section applies if an inspector who enters a workplace under this Part reasonably believes that: (a) the workplace or part of the workplace; or (b) plant at the workplace; or (c) a substance…
Section 177 — Powers supporting seizure
(1) Having seized a thing, an inspector may: (a) move the thing from the place where it was seized (the place of seizure); or (b) leave the thing at the place of seizure but take reasonable action to…
Section 178 — Receipt for seized things
(1) As soon as practicable after an inspector seizes a thing, the inspector must give a receipt for it to the person from whom it was seized. (2) However, if for any reason it is not practicable to…
Section 179 — Forfeiture of seized things
(1) A seized thing is forfeited to the Commonwealth if the regulator: (a) cannot find the person entitled to the thing after making reasonable inquiries; or (b) cannot return it to the person…
Section 180 — Return of seized things
(1) If a seized thing has not been forfeited, the person entitled to the thing may apply to the regulator for the return of the thing after the end of 6 months after it was seized. (2) The regulator…
Section 181 — Access to seized things
(1) Until a seized thing is forfeited or returned, the regulator must permit the following persons to inspect it and, if it is a document, to make copies of it at all reasonable times: (a) the person…
Section 182 — Damage etc. to be minimised
In the exercise, or purported exercise, of a compliance power, an inspector must take all reasonable steps to ensure that the inspector, and any assistant to the inspector, cause as little…
Section 183 — Inspector to give notice of damage
(1) This section applies if an inspector or an assistant to an inspector damages a thing when exercising or purporting to exercise a compliance power. (2) The inspector must, as soon as practicable,…
Section 184 — Compensation
(1) A person may claim compensation from the Commonwealth if the person incurs loss or expense because of the exercise or purported exercise of a power under Division 3 of this Part. (2) Compensation…
Section 185 — Power to require name and address
(1) An inspector may require a person to provide the person’s name and residential address if: (a) the inspector finds the person committing an offence against this Act; or (b) the inspector finds…
Section 186 — Inspector may take affidavits
An inspector is authorised to take affidavits for any purpose relating or incidental to the exercise of his or her compliance powers.
Section 187 — Attendance of inspector at coronial inquests
Note: In some jurisdictions, an inspector may attend coronial inquests and examine witnesses.
Section 188 — Offence to hinder or obstruct inspector
A person must not intentionally hinder or obstruct an inspector in exercising his or her compliance powers, or induce or attempt to induce any other person to do so. Penalty: The tier D monetary…
Section 189 — Offence to impersonate inspector
A person who is not an inspector must not, in any way, recklessly hold himself or herself out to be an inspector. Penalty: The tier D monetary penalty.
Section 190 — Offence to assault, threaten or intimidate inspector
A person commits an offence if: (a) the person engages in conduct; and (b) the person intends, by engaging in that conduct, to directly or indirectly assault, threaten or intimidate another person;…
Section 191 — Issue of improvement notices
(1) This section applies if an inspector reasonably believes that a person: (a) is contravening a provision of this Act; or (b) has contravened a provision in circumstances that make it likely that…
Section 192 — Contents of improvement notices
(1) An improvement notice must state: (a) that the inspector believes the person: (i) is contravening a provision of this Act; or (ii) has contravened a provision in circumstances that make it likely…
Section 193 — Compliance with improvement notice
The person to whom an improvement notice is issued must comply with the notice within the period specified in the notice. Penalty: The tier B monetary penalty.
Section 194 — Extension of time for compliance with improvement notices
(1) This section applies if a person has been issued with an improvement notice. (2) An inspector may, by written notice given to the person, extend the compliance period for the improvement notice.…
Section 195 — Power to issue prohibition notice
(1) This section applies if an inspector reasonably believes that: (a) an activity is occurring at a workplace that involves or will involve a serious risk to the health or safety of a person…
Section 196 — Contents of prohibition notice
(1) A prohibition notice must state: (a) that the inspector believes that grounds for the issue of the prohibition notice exist and the basis for that belief; and (b) briefly, the activity that the…
Section 197 — Compliance with prohibition notice
The person to whom a direction is given under section 195(2) or a prohibition notice is issued must comply with the direction or notice. Penalty: The tier A monetary penalty.
Section 198 — Issue of non-disturbance notice
An inspector may issue a non-disturbance notice to the person with management or control of a workplace if the inspector reasonably believes that it is necessary to do so to facilitate the exercise…
Section 199 — Contents of non-disturbance notice
(1) A non-disturbance notice may require the person to: (a) preserve the site at which a notifiable incident has occurred for a specified period; or (b) prevent the disturbance of a particular site…
Section 200 — Compliance with non-disturbance notice
(1) A person must not, without reasonable excuse, refuse or fail to comply with a non-disturbance notice issued to the person. Penalty: The tier B monetary penalty. (2) Subsection (1) places an…
Section 201 — Issue of subsequent notices
If an inspector considers it necessary to do so, he or she may issue 1 or more subsequent non-disturbance notices to a person, whether before or after the expiry of the previous notice, each of which…
Section 202 — Application of Division
In this Division notice means improvement notice, prohibition notice or non-disturbance notice.
Section 203 — Notice to be in writing
A notice must be in writing.
Section 204 — Directions in notices
A direction included in an improvement notice or prohibition notice may: (a) refer to a code of practice; and (b) offer the person to whom it is issued a choice of ways in which to remedy the…
Section 205 — Recommendations in notice
(1) An improvement notice or prohibition notice may include recommendations. (2) It is not an offence to fail to comply with recommendations in a notice.
Section 206 — Changes to notice by inspector
(1) An inspector may make minor changes to a notice: (a) for clarification; or (b) to correct errors or references; or (c) to reflect changes of address or other circumstances. (2) An inspector may…
Section 207 — Regulator may vary or cancel notice
Except as provided in section 206, a notice issued by an inspector may only be varied or cancelled by the regulator.
Section 208 — Formal irregularities or defects in notice
A notice is not invalid only because of: (a) a formal defect or irregularity in the notice unless the defect or irregularity causes or is likely to cause substantial injustice; or (b) a failure to…
Section 209 — Issue and giving of notice
(1) A notice may be issued or given to a person: (a) by delivering it personally to the person or sending it by post or facsimile or electronic transmission to the person’s usual or last known place…
Section 210 — Display of notice
(1) A person to whom a notice is issued must, as soon as possible, display a copy of the notice in a prominent place at or near the workplace, or part of the workplace, at which work is being carried…
Section 211 — When regulator may carry out action
(1) This section applies if a person to whom a prohibition notice is issued fails to take reasonable steps to comply with the notice. (2) The regulator may take any remedial action the regulator…
Section 212 — Power of the regulator to take other remedial action
(1) This section applies if the regulator reasonably believes that: (a) circumstances in which a prohibition notice can be issued exist; and (b) a prohibition notice cannot be issued at a workplace…
Section 213 — Costs of remedial or other action
The regulator may recover the reasonable costs of any remedial action taken under: (a) section 211 from the person to whom the notice is issued; or (b) section 212 from any person to whom the…
Section 214 — Application of Division
In this Division, notice means improvement notice, prohibition notice or non-disturbance notice.
Section 215 — Injunctions for noncompliance with notices
(1) The regulator may apply to a court for an injunction: (a) compelling a person to comply with a notice; or (b) restraining a person from contravening a notice. (2) The regulator may do so: (a)…
Section 216 — Regulator may accept WHS undertakings
(1) The regulator may accept a written undertaking (a WHS undertaking) given by a person in connection with a matter relating to a contravention or alleged contravention by the person of this Act.…
Section 217 — Notice of decision and reasons for decision
(1) The regulator must give the person seeking to make a WHS undertaking written notice of the regulator’s decision to accept or reject the WHS undertaking and of the reasons for the decision. (2)…
Section 218 — When a WHS undertaking is enforceable
A WHS undertaking takes effect and becomes enforceable when the regulator’s decision to accept the undertaking is given to the person who made the undertaking or at any later date specified by the…
Section 219 — Compliance with WHS undertaking
A person must not contravene a WHS undertaking made by that person that is in effect. Penalty: The tier B monetary penalty.
Section 220 — Contravention of WHS undertaking
(1) The regulator may apply to a court for an order if a person contravenes a WHS undertaking. (2) If the court is satisfied that the person who made the WHS undertaking has contravened the…
Section 221 — Withdrawal or variation of WHS undertaking
(1) A person who has made a WHS undertaking may at any time, with the written agreement of the regulator: (a) withdraw the undertaking; or (b) vary the undertaking. (2) However, the provisions of the…
Section 222 — Proceeding for alleged contravention
(1) Subject to this section, no proceedings for a contravention or alleged contravention of this Act may be brought against a person if a WHS undertaking is in effect in relation to that…
Section 223 — Which decisions are reviewable
(1) The following table sets out: (a) decisions made under this Act that are reviewable in accordance with this Part (reviewable decisions); and (b) who is eligible to apply for review of a…
Section 224 — Application for internal review
(1) An eligible person in relation to a reviewable decision, other than a decision made by the regulator or a delegate of the regulator, may apply to the regulator for review (an internal review) of…
Section 225 — Internal reviewer
(1) The regulator may appoint a person or body to review decisions on applications under this Division. (2) The person who made the decision cannot be an internal reviewer in relation to that…