Work Health and Safety Act 2011
Sections and provisions with full text and the judgments that cite each one.
Section 259 — Proceeding for a contravention of a WHS civil penalty provision
(1) In a proceeding for a contravention of a WHS civil penalty provision, if the court is satisfied that a person has contravened a WHS civil penalty provision, the court may: (a) order the person to…
Section 260 — Proceeding may be brought by the regulator or an inspector
Proceedings for a contravention of a WHS civil penalty provision may only be brought by: (a) the regulator; or (b) an inspector with the written authorisation of the regulator (either generally or in…
Section 261 — Limitation period for WHS civil penalty proceedings
Proceedings for a contravention of a WHS civil penalty provision may be brought within 2 years after the contravention first comes to the notice of the regulator.
Section 262 — Recovery of a monetary penalty
If the court orders a person to pay a monetary penalty: (a) the penalty is payable to the Commonwealth; and (b) the regulator may enforce the order as if it were a judgment of the court.
Section 263 — Civil double jeopardy
A court must not make an order against a person under section 259 for contravention of a WHS civil penalty provision if an order has been made against the person under a civil penalty provision under…
Section 264 — Criminal proceedings during civil proceedings
(1) Proceedings against a person for a contravention of a WHS civil penalty provision are stayed if: (a) criminal proceedings are commenced or have already commenced against the person for an…
Section 265 — Criminal proceedings after civil proceedings
Criminal proceedings may be commenced against a person for conduct that is substantially the same as conduct constituting a contravention of a WHS civil penalty provision regardless of whether an…
Section 266 — Evidence given in proceedings for contravention of WHS civil penalty provision not admissible in criminal proceedings
(1) Evidence of information given, or evidence of production of documents, by an individual is not admissible in criminal proceedings against the individual if: (a) the individual previously gave the…
Section 267 — Civil liability not affected by this Act
Except as provided in Part 6 and Part 7 and Division 7 of this Part, nothing in this Act is to be construed as: (a) conferring a right of action in civil proceedings in relation to a contravention of…
Section 268 — Offence to give false or misleading information
Note: Part 7.4 of the Criminal Code contains offences dealing with false and misleading information.
Section 269 — Act does not affect legal professional privilege
Nothing in this Act requires a person to produce a document that would disclose information, or otherwise provide information, that is the subject of legal professional privilege.
Section 270 — Immunity from liability
(1) An inspector, or other person engaged in the administration of this Act, incurs no civil liability for an act or omission done or omitted to be done in good faith and in the execution or…
Section 271 — Confidentiality of information
(1) This section applies if a person obtains information or gains access to a document in exercising any power or function under this Act (other than under Part 7). (2) The person must not do any of…
Section 271A — Additional ways that regulator may use and share information
(1) This section applies in relation to information or a document mentioned in section 271(1). (2) The regulator or a person authorised by the regulator may, in the circumstances stated in subsection…
Section 272 — No contracting out
A term of any agreement or contract that purports to exclude, limit or modify the operation of this Act or any duty owed under this Act or to transfer to another person any duty owed under this Act…
Section 272A — No insurance or other indemnity against penalties
(1) A person must not, without reasonable excuse: (a) enter into a contract of insurance or other arrangement under which the person, or another person, is purportedly covered for all or part of a…
Section 272B — Liability of officers for offences by body corporate under s 272A
(1) A person commits an offence against this section if: (a) a body corporate contravenes section 272A; and (b) the person is an officer of the body corporate; and (c) the person is involved in the…
Section 273 — Person not to levy workers
A person conducting a business or undertaking must not impose a levy or charge on a worker, or permit a levy or charge to be imposed on a worker, for anything done, or provided, in relation to work…
Section 273A — Conferral of jurisdiction
(1) Jurisdiction is conferred on the following courts in relation to any civil matter arising under this Act: (a) the Federal Court of Australia (the Federal Court); (b) the Federal Circuit and…
Section 273B — Application of the Legislation Act 2003
(1) The following are to be made by legislative instrument: (a) a declaration under section 7(2F) (declaration that persons of a class are workers); (b) a declaration under section 12D(2) or (2A)…
Section 274 — Approved codes of practice
(1) The Minister may approve a code of practice for the purposes of this Act and may vary or revoke an approved code of practice. (2) The Minister may only approve, vary or revoke a code of practice…
Section 275 — Use of codes of practice in proceedings
(1) This section applies in a proceeding for an offence against this Act. (2) An approved code of practice is admissible in the proceeding as evidence of whether or not a duty or obligation under…
Section 276 — Regulation-making powers
(1) The Governor-General may make regulations in relation to: (a) any matter relating to work health and safety; and (b) any matter or thing required or permitted by this Act to be prescribed or that…