Health and Safety at Work Act 2015
Sections and provisions with full text and the judgments that cite each one.
Section 52 — Liability of certain office holders
52 Liability of certain office holders (1) An office holder listed in subsection (2), when acting in that capacity, does not commit an offence under section 47 , 48 , or 49 for a failure to comply…
Section 53 — Actions taken to prevent harm
53 Actions taken to prevent harm Where a person ( person A ) harms another person ( person B ) by taking any action necessary to protect person B or any other person from harm,— (a) person A does not…
Section 54 — Proof of intention not required for certain offences
54 Proof of intention not required for certain offences In a matter involving a prosecution for an offence against section 48 or 49 , it is not necessary to prove that the defendant— (a) intended to…
Section 55 — Duty to preserve sites
55 Duty to preserve sites (1) A PCBU who manages or controls a workplace at which a notifiable event has occurred must take all reasonable steps to ensure that the site where the event occurred is…
Section 56 — Duty to notify notifiable event
56 Duty to notify notifiable event (1) A PCBU must, as soon as possible after becoming aware that a notifiable event arising out of the conduct of the business or undertaking has occurred, ensure…
Section 57 — Requirement to keep records
57 Requirement to keep records (1) A PCBU must keep a record of each notifiable event for at least 5 years from the date on which notice of the event is given to the regulator under section 56 . (2)…
Section 58 — Duty to engage with workers
58 Duty to engage with workers (1) A PCBU must, so far as is reasonably practicable, engage with workers— (a) who carry out work for the business or undertaking; and (b) who are, or are likely to be,…
Section 59 — Nature of engagement
59 Nature of engagement (1) Engagement with workers under this subpart requires— (a) that relevant information about the matter be shared with workers in a timely manner; and (b) that workers be…
Section 60 — When engagement is required
60 When engagement is required Engagement with workers under this subpart is required in relation to work health and safety matters in the following circumstances: (a) when identifying hazards and…
Section 61 — Duty to have worker participation practices
61 Duty to have worker participation practices (1) A PCBU must have practices that provide reasonable opportunities for workers who carry out work for the business or undertaking to participate…
Section 62 — Election of health and safety representatives
62 Election of health and safety representatives (1) A worker who carries out work for a business or undertaking may notify the PCBU that the worker wishes 1 or more health and safety representatives…
Section 63 — Requirements for conducting elections
63 Requirements for conducting elections An election for 1 or more health and safety representatives (whether following the request of a worker or on the initiative of the PCBU under section 62 )…
Section 64 — Determination of work groups
64 Determination of work groups (1) If a worker makes a request or the PCBU initiates the election of a health and safety representative under section 62 , the PCBU must determine 1 or more work…
Section 65 — Determination of numbers of health and safety representatives for work groups
65 Determination of numbers of health and safety representatives for work groups (1) If section 64(2) applies, the PCBU must determine the number of health and safety representatives who may be…
Section 66 — Health and safety committees
66 Health and safety committees (1) The following persons may request that the PCBU at a workplace establish a health and safety committee for the business or undertaking or part of the business or…
Section 67 — Further provisions relating to health and safety representatives and health and safety committees
67 Further provisions relating to health and safety representatives and health and safety committees (1) Part 1 of Schedule 2 contains further provisions that apply to health and safety…
Section 68 — Further provisions relating to mining sector
68 Further provisions relating to mining sector Schedule 3 contains further provisions that apply to health and safety representatives and other matters in the mining sector.
Section 69 — Provisional improvement notices
69 Provisional improvement notices (1) This section applies if a health and safety representative reasonably believes that a person is contravening, or is likely to contravene, a provision of this…
Section 70 — Training requirements relating to issue of provisional improvement notice
70 Training requirements relating to issue of provisional improvement notice A health and safety representative must not issue a provisional improvement notice unless the representative has— (a)…
Section 71 — Requirements relating to provisional improvement notices
71 Requirements relating to provisional improvement notices (1) A provisional improvement notice must be in writing. (2) A provisional improvement notice must state— (a) that the health and safety…
Section 72 — Provisional improvement notice may include recommendations to remedy contravention
72 Provisional improvement notice may include recommendations to remedy contravention (1) A provisional improvement notice may include recommendations relating to— (a) the measures to be taken to…
Section 73 — Minor changes to provisional improvement notice
73 Minor changes to provisional improvement notice A health and safety representative may make minor changes to a provisional improvement notice— (a) for clarification; or (b) to correct errors or…
Section 74 — Issue of provisional improvement notice
74 Issue of provisional improvement notice A provisional improvement notice must be issued to a person in accordance with section 116 . Compare: Model Work Health and Safety Act (Aust) s 95
Section 75 — Cancellation of provisional improvement notice
75 Cancellation of provisional improvement notice (1) The health and safety representative may, at any time, cancel a provisional improvement notice issued to a person by written notice given to that…
Section 76 — Display of provisional improvement notice
76 Display of provisional improvement notice (1) A person to whom a provisional improvement notice is issued must, as soon as practicable, display a copy of the notice in a prominent place at or near…
Section 77 — Irregularities or defects in notice
77 Irregularities or defects in notice A provisional improvement notice is not invalid merely because of— (a) any defect, irregularity, omission, or want of form unless the defect, irregularity,…
Section 78 — Offence relating to breach of provisional improvement notice
78 Offence relating to breach of provisional improvement notice (1) This section applies if a provisional improvement notice has been issued to a person and an inspector has not been required under…
Section 79 — Review of provisional improvement notice
79 Review of provisional improvement notice (1) A person specified in subsection (2) may, within 7 days after a provisional improvement notice is issued to the person, ask the regulator to appoint an…
Section 80 — Regulator must ensure inspector reviews notice
80 Regulator must ensure inspector reviews notice (1) The regulator must ensure that, as soon as practicable after a request is made under section 79 , an inspector— (a) reviews the provisional…
Section 81 — Decision of inspector on review of provisional improvement notice
81 Decision of inspector on review of provisional improvement notice (1) After reviewing the provisional improvement notice, the inspector must— (a) confirm the provisional improvement notice; or (b)…
Section 82 — Meaning of cease work
82 Meaning of cease work In this subpart, unless the context otherwise requires, cease work means— (a) to cease or refuse to carry out work under section 83 ; or (b) to cease work on a direction…
Section 83 — Right of worker to cease or refuse to carry out unsafe work
83 Right of worker to cease or refuse to carry out unsafe work (1) A worker may cease, or refuse to carry out, work if the worker believes that carrying out the work would expose the worker, or any…
Section 84 — Health and safety representative may direct unsafe work to cease
84 Health and safety representative may direct unsafe work to cease (1) A health and safety representative may direct a worker who is in a work group represented by the representative to cease work…
Section 85 — Training requirements relating to giving direction to cease work
85 Training requirements relating to giving direction to cease work A health and safety representative must not give a direction under section 84 to cease work unless the representative has— (a)…
Section 86 — Alternative work
86 Alternative work (1) If a worker ceases work, the PCBU may direct the worker to carry out alternative work at the same or another workplace if that work is safe and appropriate for the worker to…
Section 87 — Regulator may assist to resolve issues relating to cessation of work
87 Regulator may assist to resolve issues relating to cessation of work (1) The health and safety representative, the PCBU, or the worker may ask the regulator to assist in resolving the issue…
Section 88 — Meaning of adverse conduct
88 Meaning of adverse conduct (1) For the purposes of this subpart, a person engages in adverse conduct if— (a) the person— (i) dismisses a worker who is an employee; or (ii) terminates a contract…
Section 89 — Meaning of prohibited health and safety reason
89 Meaning of prohibited health and safety reason For the purposes of this subpart, adverse conduct is engaged in for a prohibited health and safety reason if it is engaged in because the worker or…
Section 90 — Prohibition on adverse conduct
90 Prohibition on adverse conduct (1) A person must not engage in adverse conduct for a prohibited health and safety reason. (2) A person who contravenes subsection (1) commits an offence and is…
Section 91 — Prohibition on requesting, instructing, inducing, encouraging, authorising, or assisting adverse conduct
91 Prohibition on requesting, instructing, inducing, encouraging, authorising, or assisting adverse conduct (1) A person must not request, instruct, induce, encourage, authorise, or assist another…
Section 92 — Prohibition on coercion or inducement
92 Prohibition on coercion or inducement (1) A person must not organise or take, or threaten to organise or take, any action against another person with intent to coerce or induce the other person,…
Section 93 — Misrepresentation
93 Misrepresentation (1) A person must not knowingly or recklessly make a false or misleading representation to another person about that other person’s— (a) rights or obligations under this Act; or…
Section 94 — Proof of adverse conduct
94 Proof of adverse conduct (1) This section applies if, in proceedings for an offence of contravening section 90 or 91 , the prosecution— (a) proves that adverse conduct was engaged in; and (b)…
Section 95 — Civil proceedings in relation to engaging in or inducing adverse or coercive conduct
95 Civil proceedings in relation to engaging in or inducing adverse or coercive conduct (1) An eligible person may apply to a District Court for 1 or more orders specified in subsection (2) in…
Section 96 — Procedure for civil proceedings for adverse conduct
96 Procedure for civil proceedings for adverse conduct (1) A proceeding brought under section 95 must be commenced not more than 1 year after the date on which the action or conduct occurred or came…
Section 97 — General provisions
97 General provisions (1) Subject to subsections (2) and (3), the bringing of a prosecution under section 90 , 91 , or 92 does not prevent, in respect of the same conduct,— (a) the bringing of a…
Section 98 — Resolution of work health and safety issues
98 Resolution of work health and safety issues If an issue about work health and safety arises at a workplace, the parties to the issue (including any representative of the parties) must make…
Section 99 — Regulator may appoint inspector to assist parties in resolving issue
99 Regulator may appoint inspector to assist parties in resolving issue (1) This section applies if a work health and safety issue has not been resolved after reasonable efforts have been made under…
Section 100 — Meaning of notice
100 Meaning of notice In this Part, notice , unless the context otherwise requires,— (a) means any of the following notices issued under this Act: (i) an improvement notice: (ii) a prohibition…
Section 101 — Power to issue improvement notices
101 Power to issue improvement notices (1) This section applies if an inspector reasonably believes that a person— (a) is contravening a provision of this Act or regulations; or (b) is likely to…