Health and Safety at Work Act 2015
Sections and provisions with full text and the judgments that cite each one.
Section 152 — Order for payment of regulator’s costs in bringing prosecution
152 Order for payment of regulator’s costs in bringing prosecution (1) On the application of the regulator, the court may order the offender to pay to the regulator a sum that it thinks just and…
Section 153 — Adverse publicity orders
153 Adverse publicity orders (1) A court may make an order (an adverse publicity order ) requiring an offender— (a) to take either or both of the following actions within the period specified in the…
Section 154 — Orders for restoration
154 Orders for restoration (1) A court may make an order requiring an offender to take the specified steps, within a specified period, to remedy any matter caused by the commission of the offence…
Section 155 — Work health and safety project orders
155 Work health and safety project orders (1) A court may make an order requiring an offender to undertake a specified project for the general improvement of work health and safety within the period…
Section 156 — Release on giving of court-ordered enforceable undertaking
156 Release on giving of court-ordered enforceable undertaking (1) The court may (with or without recording a conviction) adjourn a proceeding for up to 2 years and make an order for the release of…
Section 157 — Injunctions
157 Injunctions If a court finds a person guilty of an offence against this Act or regulations, the court may issue an injunction requiring the offender to cease any particular conduct or action that…
Section 158 — Training orders
158 Training orders The court may make an order requiring an offender to undertake, or arrange for 1 or more workers to undertake, a specified course of training. Compare: Model Work Health and…
Section 159 — Offence to fail to comply with order
159 Offence to fail to comply with order (1) A person must not, without reasonable excuse, fail to comply with an order under this subpart. (2) Subsection (1) does not apply to— (a) an order made…
Section 160 — State of mind of directors, employees, or agents attributed
160 State of mind of directors, employees, or agents attributed (1) If, in any civil proceedings under this Act in respect of any conduct engaged in by an individual, being conduct in relation to…
Section 161 — Conduct of directors, employees, or agents attributed
161 Conduct of directors, employees, or agents attributed (1) Conduct engaged in on behalf of an individual ( person A ) by any of the following must be treated, for the purposes of this Act, as…
Section 162 — Proceedings involving classified security information
162 Proceedings involving classified security information Schedule 4 contains provisions that apply in civil and criminal proceedings that involve classified security information.
Section 163 — Appointment of inspectors
163 Appointment of inspectors (1) The regulator may, by notice in writing, appoint any of the following as an inspector: (a) an employee of a department (within the meaning of the State Sector Act…
Section 164 — Identity cards
164 Identity cards (1) The regulator must give each inspector an identity card that— (a) states the person’s name and appointment as an inspector; and (b) includes any other matter prescribed by…
Section 165 — Suspension and ending of appointment of inspectors
165 Suspension and ending of appointment of inspectors (1) The regulator may suspend or end the appointment of an inspector at any time. (2) To avoid doubt, a person’s appointment as an inspector…
Section 166 — Inspectors subject to regulator’s directions
166 Inspectors subject to regulator’s directions (1) An inspector (whether or not an employee) is subject to directions from the regulator that appointed him or her in the exercise of the inspector’s…
Section 167 — Regulator has powers of inspector
167 Regulator has powers of inspector The regulator has all the powers that an inspector has under this Act.
Section 168 — Powers of entry and inspection
168 Powers of entry and inspection (1) Subject to section 169 , for the purpose of performing any function of the regulator or an inspector under relevant health and safety legislation, any inspector…
Section 169 — Power to enter homes
169 Power to enter homes (1) Despite section 168(1) and (2) , an inspector must not, except with the consent of an occupier or pursuant to a warrant issued under subsection (2),— (a) enter a…
Section 170 — Power to deal with cause of imminent danger
170 Power to deal with cause of imminent danger (1) This section applies if an inspector who enters a workplace under section 168 or 169 reasonably believes that any material, substance, structure,…
Section 171 — Notice of entry
171 Notice of entry (1) If an inspector enters any workplace under this Act and is unable, despite reasonable efforts, to find any person in charge, the inspector must before leaving the workplace…
Section 172 — Power to take samples and other objects and things
172 Power to take samples and other objects and things (1) An inspector who enters a workplace or a former workplace under section 168 or 169 may take or remove a sample of any material, substance,…
Section 173 — Power of regulator to authorise making of applications for search warrants
173 Power of regulator to authorise making of applications for search warrants (1) A regulator may authorise a specified person to enter and search a place, vehicle, or other thing for the purpose of…
Section 174 — Continuation of powers of entry and inspection without search warrants
174 Continuation of powers of entry and inspection without search warrants An inspector who, in the course of exercising a power under section 168 or 169 , finds evidence of contravention of relevant…
Section 175 — Power to require name and address
175 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…
Section 176 — Duty to assist inspectors
176 Duty to assist inspectors (1) Any person on whom a duty is imposed by relevant health and safety legislation must give all reasonable assistance to enable an inspector to enter, inspect, examine,…
Section 177 — Immunity of inspectors and persons assisting inspectors or regulator
177 Immunity of inspectors and persons assisting inspectors or regulator The following persons are not liable in any criminal or civil proceedings for any act done or omitted to be done in good faith…
Section 178 — Offence for failing to provide inspector with correct name and residential address
178 Offence for failing to provide inspector with correct name and residential address (1) A person must not, without reasonable excuse, refuse or fail to comply with a requirement under section…
Section 179 — Offence to hinder or obstruct inspector
179 Offence to hinder or obstruct inspector (1) A person must not, without reasonable cause, hinder or obstruct an inspector in exercising his or her compliance powers, or cause or attempt to cause…
Section 180 — Offence to impersonate inspector
180 Offence to impersonate inspector (1) A person who is not an inspector must not, in any way, hold himself or herself out to be an inspector. (2) A person who contravenes subsection (1) commits an…
Section 181 — Appointment of health and safety medical practitioners
181 Appointment of health and safety medical practitioners (1) The regulator may appoint any medical practitioner to be a health and safety medical practitioner. (2) A health and safety medical…
Section 182 — Suspension and ending of appointment of health and safety medical practitioners
182 Suspension and ending of appointment of health and safety medical practitioners (1) The regulator may suspend or end the appointment of a health and safety medical practitioner at any time. (2) A…
Section 183 — Powers of entry and inspection of health and safety medical practitioners
183 Powers of entry and inspection of health and safety medical practitioners (1) For the purposes of relevant health and safety legislation, a health and safety medical practitioner may, at any…
Section 184 — Health and safety medical practitioners may require workers to be medically examined
184 Health and safety medical practitioners may require workers to be medically examined (1) A health and safety medical practitioner may exercise the powers under this section if satisfied that— (a)…
Section 185 — Health and safety medical practitioners may suspend workers in certain cases
185 Health and safety medical practitioners may suspend workers in certain cases (1) Subject to subsection (2), a health and safety medical practitioner may, by written notice to the worker (a copy…
Section 186 — Immunity of health and safety medical practitioners and persons assisting health and safety medical practitioners
186 Immunity of health and safety medical practitioners and persons assisting health and safety medical practitioners A health and safety medical practitioner or a person called on to assist a health…
Section 187 — Offence to hinder or obstruct health and safety medical practitioner
187 Offence to hinder or obstruct health and safety medical practitioner (1) A person must not, without reasonable cause, hinder or obstruct a health and safety medical practitioner in exercising his…
Section 188 — Offence to impersonate health and safety medical practitioner
188 Offence to impersonate health and safety medical practitioner (1) A person who is not a health and safety medical practitioner must not, in any way, hold himself or herself out to be a health and…
Section 189 — Role of WorkSafe
189 Role of WorkSafe Except to the extent that a designation under section 191 is in force, WorkSafe is the regulator for the purposes of this Act.
Section 190 — Functions and powers of regulator other than WorkSafe
190 Functions and powers of regulator other than WorkSafe Subject to its scope of designation, a regulator other than WorkSafe has the following functions under this Act: (a) to monitor and enforce…
Section 191 — Designated agencies
191 Designated agencies (1) The Prime Minister may designate an agency listed in subsection (3) as a designated agency, having regard to the specialist knowledge of that agency. (2) A designation…
Section 192 — Role of designated agencies
192 Role of designated agencies (1) If a designated agency has been given a scope of designation under section 191 , WorkSafe or another agency may perform functions or exercise powers under this Act…
Section 193 — Proceedings not to be questioned for want of form
193 Proceedings not to be questioned for want of form No action by a regulator or an inspector and no process or proceedings may be dismissed, set aside, or held invalid by any court by reason only…
Section 194 — Designated agency must give effect to joint policy directions
194 Designated agency must give effect to joint policy directions (1) Subject to any enactment or rule of law, a designated agency must, in performing functions and exercising powers under this Act…
Section 195 — Health and Safety at Work Strategy
195 Health and Safety at Work Strategy (1) The Minister must publish a strategy, called the Health and Safety at Work Strategy, that sets out the Government’s overall direction in improving the…
Section 196 — Workplace injury prevention
196 Workplace injury prevention (1) Section 264A of the Accident Compensation Act 2001 requires WorkSafe and ACC to, at all times, have a workplace injury prevention action plan that meets the…
Section 197 — Sharing of information between regulator and regulatory agencies
197 Sharing of information between regulator and regulatory agencies (1) Subject to any enactment,— (a) the regulator may provide a regulatory agency with any information, or a copy of any document,…
Section 198 — Requirement of other regulator to notify WorkSafe of notifiable event
198 Requirement of other regulator to notify WorkSafe of notifiable event (1) This section applies if a regulator other than WorkSafe receives a notification of a notifiable event under section 56 .…
Section 199 — Requirement of medical officer of health to notify regulator of work-related notifiable disease or hazardous substances injury
199 Requirement of medical officer of health to notify regulator of work-related notifiable disease or hazardous substances injury (1) This section applies if a medical officer of health receives—…
Section 200 — Coroner may call for report on fatal accident
200 Coroner may call for report on fatal accident If requested by a coroner, the regulator must give the coroner a written report of an investigation that the regulator has carried out, or is…
Section 201 — Funding levy
201 Funding levy (1) For the purpose of recovering certain Crown costs, the Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations requiring the…