The Parliament of Queensland enacts—
This Act may be cited as the Work Health and Safety and Other Legislation Amendment Act 2024.
The following provisions commence on a day to be fixed by proclamation—•part 2, division 3•part 3, division 3•part 4•schedule 1.
Part 2 Amendment of Safety in Recreational Water Activities Act 2011
This part amends the Safety in Recreational Water Activities Act 2011.
4Insertion of new ss 42A and 42B
After section 42—
insert—42A Insurance or other indemnity against penalties
(1)A person must not, without reasonable excuse—(a)enter into a contract of insurance or other arrangement that purports to insure or indemnify a person for a liability for all or part of a monetary penalty under this Act; or(b)provide a contract of insurance or an indemnity for a liability for all or part of a monetary penalty under this Act; or(c)take the benefit of a contract of insurance or other arrangement, or an indemnity, that purports to insure or indemnify a person for a liability for all or part of a monetary penalty under this Act.Maximum penalty—500 penalty units.
(2)Subsection (1) places an evidential burden on the accused to show a reasonable excuse.(3)A term of a contract of insurance or other arrangement, or an indemnity, is void to the extent it purports to insure or indemnify a person for a liability for all or part of a monetary penalty under this Act.For the application of this section, see section 54.42B Officer may be taken to have committed offence against s 42A
(1)If a body corporate commits an offence against section 42A, each officer of the body corporate is taken to have also committed the offence if—(a)the officer authorised or permitted the body corporate’s conduct constituting the offence; or(b)the officer was, directly or indirectly, knowingly concerned in the body corporate’s conduct constituting the offence.(2)The officer of the body corporate may be proceeded against for, and convicted of, the offence against section 42A whether or not the body corporate has been proceeded against for, or convicted of, the offence.(3)This section does not affect either of the following—(a)the liability of the body corporate for the offence against section 42A;(b)the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is an officer of the body corporate, for the offence against section 42A.
5Amendment of pt 6, hdg (Transitional provisions)
Part 6, heading, after ‘provisions’—
insert—for Act No. 19 of 2011
After part 6—
insert—(1)Section 42A(1)(a) and (b) applies in relation to a contract of insurance or other arrangement entered into, or an indemnity provided, on or after the day that is 6 months after the commencement.(2)Section 42A(1)(c) applies to a person on or after the day that is 18 months after the commencement.(3)Section 42A(3) applies in relation to a contract of insurance or other arrangement entered into, or an indemnity provided, on or after the commencement.
7Amendment of sch 2 (Dictionary)
Schedule 2, definition officer, paragraph (a), ‘section 9’—
omit, insert—section 9AD
9Amendment of s 32 (The regulator)
Section 32(3), ‘155’—
omit, insert—155A
10Amendment of s 35 (Review of decisions)
Section 35(1), ‘sections 54(2), 72(6), 76(6) and 102’—
omit, insert—section 102
11Amendment of s 41 (Confidentiality of information)
Section 41(3)(c)(ii), after ‘Act’—
insert—or law
Part 3 Amendment of Work Health and Safety Act 2011
This part amends the Work Health and Safety Act 2011.See also the amendments in schedule 1.
13Insertion of new ss 272A and 272B
After section 272—
insert—272A Insurance or other indemnity against penalties
(1)A person must not, without reasonable excuse—(a)enter into a contract of insurance or other arrangement that purports to insure or indemnify a person for a liability for all or part of a monetary penalty under this Act; or(b)provide a contract of insurance or an indemnity for a liability for all or part of a monetary penalty under this Act; or(c)take the benefit of a contract of insurance or other arrangement, or an indemnity, that purports to insure or indemnify a person for a liability for all or part of a monetary penalty under this Act.Maximum penalty—500 penalty units.
(2)Subsection (1) places an evidential burden on the accused to show a reasonable excuse.(3)A term of a contract of insurance or other arrangement, or an indemnity, is void to the extent it purports to insure or indemnify a person for a liability for all or part of a monetary penalty under this Act.For the application of this section, see section 326.272B Officer may be taken to have committed offence against s 272A
(1)If a body corporate commits an offence against section 272A, each officer of the body corporate is taken to have also committed the offence if—(a)the officer authorised or permitted the body corporate’s conduct constituting the offence; or(b)the officer was, directly or indirectly, knowingly concerned in the body corporate’s conduct constituting the offence.(2)The officer of the body corporate may be proceeded against for, and convicted of, the offence against section 272A whether or not the body corporate has been proceeded against for, or convicted of, the offence.(3)This section does not affect either of the following—(a)the liability of the body corporate for the offence against section 272A;(b)the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is an officer of the body corporate, for the offence against section 272A.
14Insertion of new pt 16, div 8
Part 16—
insert—Division 8 Transitional provisions for Work Health and Safety and Other Legislation Amendment Act 2024
(1)Section 272A(1)(a) and (b) applies in relation to a contract of insurance or other arrangement entered into, or an indemnity provided, on or after the day that is 6 months after the commencement.(2)Section 272A(1)(c) applies to a person on or after the day that is 18 months after the commencement.(3)Section 272A(3) applies in relation to a contract of insurance or other arrangement entered into, or an indemnity provided, on or after the commencement.
15Amendment of sch 1 (Application of Act)
Schedule 1, part 2, division 3—
omit.
17Insertion of new pt 5, div 1AA
Part 5, before division 1—
insert—In this part—excluded entity, for representing or assisting a worker or the health and safety representative for a worker, see section 45B.relevant union, for a worker, whether the worker is a health and safety representative or another worker, means a union—(a)of which the worker is a member or is eligible to be a member; and(b)whose rules entitle the union to represent the worker’s industrial interests.representative, in relation to a worker, means—(a)the health and safety representative for the worker; or(b)a suitable entity for representing the worker that is authorised by the worker to represent the worker.suitable entity, for representing or assisting a worker or the health and safety representative for a worker, means—(a)a relevant union for the worker; or(b)another entity that—(i)is authorised by the worker or representative to represent or assist the worker or representative; but(ii)is not an excluded entity for representing or assisting the worker or representative.(1)Each of the following entities is an excluded entity for representing or assisting a worker or the health and safety representative for a worker—(a)the following entities (each an excluded body)—(i)an entity, other than a union, that is an association of employees or independent contractors, or both;(ii)an entity, other than a union or an association mentioned in subparagraph (i), that represents, or purports to represent, the industrial interests of the worker or representative;(iii)an entity that demands or receives a fee from another excluded body, for representing, or purporting to represent, the industrial interests of the worker or representative;(iv)a union that is not a relevant union for the worker;(b)an individual who—(i)is an officer or employee of an excluded body; or(ii)is acting as an agent of an excluded body; or(iii)is otherwise representing or purporting to represent an excluded body.(2)An association of a type mentioned in subsection (1)(a)(i) is an excluded entity whether or not the association is registered or recognised as an association of that type (however described) under a State or Territory industrial law.(3)Despite subsection (1)(b), an individual is not an excluded entity under subsection (1)(b)(iii) only because the individual is a member of an excluded body.
18Amendment of s 48 (Nature of consultation)
Section 48—
insert—(3)Also, if 1 or more of the workers ask the person conducting the business or undertaking to consult with their representative, the consultation must involve that representative.(4)Subsection (5) applies if—(a)the consultation involves a representative under subsection (3); and(b)the parties to the consultation agree that the consultation is to be carried out at a workplace where 1 or more of the workers work.(5)The person conducting the business or undertaking must carry out the consultation only at the time and place agreed to by the parties.(6)Subsection (1)(a) does not require the person conducting the business or undertaking to allow a representative to have access to—(a)personal or medical information concerning a worker without the worker’s consent, unless the information is in a form that—(i)does not identify the worker; and(ii)could not reasonably be expected to lead to the identification of the worker; or(b)information that is confidential commercial information.
19Insertion of new ss 50A and 50B
After section 50—
insert—50AProhibition of hindering etc. request for election of health and safety representative
A person conducting a business or undertaking must not intentionally hinder, prevent or discourage a worker from making a request under section 50 to facilitate the conduct of an election for 1 or more health and safety representatives.Maximum penalty—200 penalty units.
50B Invitation to request election of health and safety representatives
(1)This section applies to a person conducting a business or undertaking if—(a)a health and safety representative has not been elected to represent workers who carry out work for the business or undertaking; or(b)the term of office of a health and safety representative for a work group ends under section 64(1); or(c)a health and safety representative for a work group ceases to hold office under section 64(2).(2)The person conducting the business or undertaking must, at the time or within the period required under subsection (3)—(a)notify the workers who work for the business or undertaking in writing about the following matters—(i)that a worker may request an election for 1 or more health and safety representatives under section 50;(ii)the process for the determination of work groups;(iii)who may represent the workers in negotiations under section 52;(iv)the process for the election of health and safety representatives;(v)the powers and functions of health and safety representatives; and(b)invite the workers to ask the person to facilitate an election for 1 or more health and safety representatives under section 50.(3)The person conducting the business or undertaking must take the action mentioned in subsection (2)(a) and (b)—(a)if subsection (1)(a) applies—(i)as soon as possible after the business or undertaking is first conducted; or(ii)as soon as possible after the commencement; or(iii)if a notification and invitation mentioned in subsection (2) have been given to the workers—within 1 year after the notification and invitation were last given; or(b)if subsection (1)(b) applies—as soon as reasonably practicable after the day the term of office of the health and safety representative ends; or(c)if subsection (1)(c) applies—as soon as reasonably practicable after the day the health and safety representative ceased to hold office.
20Amendment of s 52 (Negotiations for agreement for work group)
(1)Section 52(1)—
omit, insert—(1)A work group must be determined by negotiation and agreement among the following parties—(a)the person conducting the business or undertaking;(b)the workers who are proposed to form the work group or their representatives;(c)a relevant union for a worker who is proposed to form part of the work group if the union notifies the person conducting the business or undertaking, in writing, that the union wants to be a party to the negotiation and agreement.(2)Section 52(2), ‘commence negotiations with the workers’—
omit, insert—complete the negotiations
(3)Section 52—
insert—(4A)Subsection (4B) applies if—(a)negotiations for a variation of an agreement concerning the determination of a work group or groups are started by the parties to the agreement; and(b)a relevant union is not a party to the agreement.(4B)The relevant union may become a party to the negotiations by notifying the person conducting the business or undertaking, in writing, that the union wants to be a party to the negotiations.(4)Section 52(5)—
omit, insert—(5)For negotiations under subsection (1) or (4), the person conducting the business or undertaking must negotiate with and must not exclude from the negotiations—(a)if a worker has asked the person to negotiate with a representative of the worker—the worker’s representative; or(b)if a relevant union has become a party to the negotiations under subsection (1)(c) or (4B)—the relevant union.Maximum penalty—100 penalty units.
(5A)Subsection (5B) applies if—(a)a representative for a worker or a relevant union is a party to the negotiations under subsection (1) or (4); and(b)the parties to the negotiations agree that the negotiations are to be carried out at a workplace where 1 or more of the workers work.(5B)The parties must—(a)agree on when and where in the workplace the negotiations are to be carried out; and(b)carry out the negotiations only at the agreed time and place.(5C)The parties to the negotiations under subsection (1) or (4) may agree to extend the period for the negotiations.
21Replacement of s 54 (Failure of negotiations)
Section 54—
omit, insert—(1)If negotiations to make or vary an agreement fail, any person who is or would be a party to the negotiations may ask the regulator to appoint an inspector for the purposes of this section.(2)For this section, negotiations have failed if agreement is not reached on a matter mentioned in section 52(3), or a matter relating to the variation of the agreement, at the end of—(a)for negotiations to make an agreement—14 days after a request is made under section 50; or(b)for negotiations to vary an agreement—14 days after a party to the agreement requests a variation; or(c)for negotiations for which the parties have agreed to extend the period under section 52(5C)—the extended period.(3)An inspector appointed under subsection (1) must attempt to assist the parties to agree on any matter mentioned in section 52(3) that is in dispute.(4)Subsection (5) applies if the inspector reasonably believes that the parties are unlikely to reach an agreement on a matter mentioned in subsection (3) within 7 days after the appointment.(5)The inspector must, within 7 days after the appointment—(a)for negotiations to make an agreement—(i)decide any matter mentioned in section 52(3) that has not been determined by the parties; or(ii)decide that a work group should not be determined; or(b)for negotiations to vary an agreement—(i)decide a matter that is the subject of the proposed variation; or(ii)decide that the agreement should not be varied.(6)A decision under subsection (5)(a) or (b) is taken to be an agreement between the parties under section 52.(7)A failure to comply with subsection (3), (4) or (5) does not invalidate a decision or a purported decision under subsection (5)(a) or (b).
22Amendment of s 61 (Procedure for election of health and safety representatives)
Section 61(3), from ‘the election’ to ‘organisation’—
omit, insert—a suitable entity for assisting 1 or more of the workers may assist in conducting the election
After section 62—
insert—62AProhibition of hindering etc. election of health and safety representative
A person conducting a business or undertaking must not intentionally hinder, prevent or discourage—(a)the election of a health and safety representative or a deputy health and safety representative under this subdivision; or(b)the person conducting the election from following the procedures mentioned in section 61(2).Maximum penalty—200 penalty units.
24Amendment of s 68 (Powers and functions of health and safety representatives)
(1)Section 68(2), after paragraph (a)—
insert—(aa)accompany a WHS entry permit holder if—(i)the WHS entry permit holder enters, under part 7, a workplace where a worker in the work group works; and(ii)the WHS entry permit holder’s reason for entry relates to the work group or a part of the workplace where a worker in the work group works; and(2)Section 68(2)(f), before ‘receive’—
insert—request and
(3)Section 68(2)(g), ‘any person’—
omit, insert—a suitable entity for the health and safety representative
25Amendment of s 70 (General obligations of person conducting business or undertaking)
(1)Section 70(1)(c), after ‘information’—
insert—(including any information requested by a health and safety representative under section 68(2)(f))
(2)Section 70(1)(c), note—
omit.(3)Section 70(1)—
insert—(ca)if the person becomes aware a notice of entry under part 7 or a notice under part 10 relating to a work group (a relevant notice) has been given, but the person has not been given a copy of the notice—inform a health and safety representative for the work group about the relevant notice as soon as reasonably practicable after becoming aware of the notice; and(cb)if the person is given a relevant notice—give a copy of the relevant notice to a health and safety representative for the work group as soon as reasonably practicable after being given the notice; and(cc)if a notifiable incident arising out of the conduct of the business or undertaking has occurred that affects a work group—give to a health and safety representative for the work group a copy of either of the following relating to the work group—(i)the written notice given to the regulator under section 38, as soon as practicable after it is given;(ii)the information received by the person from the regulator under section 38(6), as soon as practicable after it is received; and(4)Section 70(1)(g), ‘person’—
omit, insert—suitable entity
(5)Section 70(1)(g)—
insert—The issue resolution procedures in division 5 and the dispute resolution process in division 7A can be used to resolve a dispute arising in relation to paragraph (c), (cb), (cc) or (g). See also section 71(8) and (9).(6)Section 70(1)—
insert—(ga)inform a health and safety representative for a work group, as soon as possible, if—(i)a WHS entry permit holder or an inspector has entered a workplace where a worker in the work group works; and(ii)the WHS entry permit holder or inspector’s purpose for entering the workplace is relevant to the work group or a part of the workplace where a worker in the work group works; and(7)Section 70(1)(h)—
omit, insert—(h)permit a health and safety representative for the work group to accompany—(i)the WHS entry permit holder while the WHS entry permit holder is exercising a right relating to a worker in the work group or a part of the workplace where a worker in the work group works; or(ii)an inspector during an inspection of any part of the workplace where a worker in the work group works; and(8)Section 70(3)—
omit, insert—(3)The person conducting the business or undertaking must pay a health and safety representative exercising the representative’s powers or functions under this Act the amount, including any overtime, penalties or allowances, the representative would be entitled to receive if the representative were performing their normal duties for the person during the same period.
26Amendment of s 71 (Exceptions from obligations under s 70(1))
(1)Section 71(3), ‘section 70(1)(f)’—
omit, insert—section 70(1)(g)
(2)Section 71(6), note—
omit.(3)Section 71(8)—
omit, insert—(8)Subsection (9) applies if a dispute arises between the person conducting a business or undertaking and a health and safety representative about—(a)the refusal under subsection (7) to grant access to information mentioned in section 70(1)(c); or(b)whether or not information to which access is refused is information to which section 70(1)(c) applies; or(c)the refusal to give a copy of a notice or information mentioned in section 70(1)(cb) or (cc).(9)The health and safety representative may ask the regulator to appoint an inspector to assist in resolving the dispute.The issue resolution procedures in division 5 and the dispute resolution process in division 7A can also be used to resolve a dispute about the refusal of access to a workplace under subsection (5) or a dispute about a matter mentioned in subsection (8)(a), (b) or (c).
27Amendment of s 72 (Obligation to train health and safety representatives)
(1)Section 72(2), before paragraph (a)—
insert—(aa)allow a health and safety representative to choose the training; and(2)Section 72(2)(a), ‘time off work’—
omit.(3)Section 72(4)—
omit, insert—(4)The person conducting the business or undertaking must pay a health and safety representative for a day (a relevant day) the health and safety representative attends a course of training—(a)if the health and safety representative usually works for the person on the relevant day—the amount, including any overtime, penalties or allowances, the health and safety representative would otherwise be entitled to receive if the representative performed their normal duties for the person on that day; or(b)if the health and safety representative usually works for the person on a weekend day but attends training on the relevant day instead of working on the weekend day—the amount, including any overtime, penalties or allowances, the health and safety representative would otherwise be entitled to receive if the representative worked on the weekend day for the person; or(c)if paragraphs (a) and (b) do not apply—the amount the health and safety representative would be entitled to receive if the representative performed their normal duties for the person during the hours the representative attends the training.(4)Section 72—
insert—(5)If agreement can not be reached between the person conducting a business or undertaking and a health and safety representative about a matter mentioned in subsection (2)(aa), (a) or (b) or (4)(a), (b) or (c), either party may ask the regulator to appoint an inspector to assist in resolving the matter.The issue resolution procedures in division 5, and the dispute resolution process in division 7A, can also be used to resolve an issue in relation to a matter mentioned in subsection (2)(aa), (a) or (b) or (4)(a), (b) or (c).
28Amendment of s 75 (Health and safety committees)
Section 75(1)(a), ‘within 2 months’—
omit, insert—as soon as practicable but not later than 28 days
29Amendment of s 76 (Constitution of committee)
(1)Section 76(5) and (6)—
omit, insert—(5)If a party considers that the parties are unlikely to reach agreement within the period mentioned in section 75(1), the party may ask the regulator to appoint an inspector for the purposes of this section.(6)An inspector appointed under subsection (5) must attempt to assist the parties to reach agreement about the constitution of a health and safety committee under this section.(6A)Subsection (6B) applies if the inspector reasonably believes the parties are unlikely to reach agreement under this section within 7 days after the appointment.(6B)The inspector must, within 7 days after the appointment—(a)decide the constitution of the health and safety committee; or(b)decide that a health and safety committee should not be established.(2)Section 76—
insert—(8)A failure to comply with subsection (6), (6A) or (6B) does not invalidate a decision or purported decision under subsection (6B)(a) or (b).
30Amendment of s 80 (Parties to an issue)
(1)Section 80(1)(c)—
omit, insert—(c)if the worker or workers affected by the issue are in a work group for which a health and safety representative has been elected—the health and safety representative or a suitable entity representing the health and safety representative;(ca)if the worker or workers affected by the issue are in a work group for which a health and safety representative has not been elected—the worker or workers or a suitable entity representing the worker or workers;(2)Section 80(1)—
insert—(e)if a relevant union for a worker affected by the issue notifies the person conducting the business or undertaking, in writing, that the union wants to be a party to the issue—the relevant union.
31Amendment of s 81 (Resolution of health and safety issues)
Section 81(3)—
omit, insert—(3)The person conducting the business or undertaking must allow all the parties to the issue to enter and remain at the workplace for the purpose of attending discussions with a view to resolving the issue.
32Amendment of s 85 (Health and safety representative may direct that unsafe work cease)
(1)Section 85(1)—
omit, insert—(1)A health and safety representative may, by giving a written notice stating the matters mentioned in section 85A (a cease work notice) to the person conducting the business or undertaking for whom workers are carrying out work, direct the person to direct 1 or more workers to cease work if—(a)the health and safety representative has a reasonable concern that to carry out the work would expose a worker to a serious risk to the worker’s health or safety, emanating from an immediate or imminent exposure to a hazard; and(b)the worker mentioned in paragraph (a) is in a work group represented by the health and safety representative.(2)Section 85(2), from ‘a worker’ to ‘cease work’—
omit, insert—a direction under subsection (1)
(3)Section 85(2)(a), from ‘for’ to ‘work’—
omit.(4)Section 85(3), from ‘to cease’ to ‘consultation’—
omit, insert—or workers to cease work without consulting about the matter with the person conducting the business or undertaking
(5)Section 85(4) and (5)—
omit, insert—(4)A direction given under subsection (3) may be given orally.(5)As soon as possible after giving a direction under subsection (3), the health and safety representative must—(a)give the person conducting the business or undertaking a cease work notice to inform the person of the direction given to the worker or workers under subsection (3); and(b)display, in a prominent way in an area used by the workers who are in the work group, a copy of the cease work notice mentioned in paragraph (a); and(c)consult with the person conducting the business or undertaking to attempt to resolve the matter.(6)Section 85—
insert—(7)If a person conducting a business or undertaking receives a cease work notice under subsection (1), the person must, as soon as possible, direct the worker or workers to—(a)cease work to the extent it relates to the matter; or(b)not start work to the extent it relates to the matter.(8)As soon as practicable after the person conducting the business or undertaking gives a direction under subsection (7), the health and safety representative must display, in a prominent way in an area used by the workers who are in the work group, a copy of the cease work notice mentioned in subsection (1).(9)A direction given under this section remains effective until—(a)the direction given under subsection (1) or (3) is withdrawn in writing by the health and safety representative; or(b)the issue is resolved with the assistance of an inspector under section 89; or(c)an inspector issues a prohibition notice in relation to the matter; or(d)the commission decides or deals with the dispute under division 7A.
After section 85—
insert—85A Contents of cease work notice
A cease work notice, in relation to a direction given under section 85(1) or (3), must state—(a)briefly, the health and safety representative’s concern and the basis for that concern by reference to—(i)the risk to the worker’s health or safety; and(ii)the work that, if carried out, will expose the worker to a serious risk to the worker’s health or safety; and(b)whether the direction is given under section 85(1) or (3); and(c)a description of the work group, or the name of the worker, subject to the direction; and(d)the day and time—(i)the notice is given to the person conducting the business or undertaking; and(ii)if the direction is given under section 85(3)—the direction was given to the worker; and(e)if the direction is given under section 85(1)—confirmation the health and safety representative has—(i)consulted about the matter with the person conducting the business or undertaking; and(ii)attempted to resolve the matter as an issue under division 5; and(f)the name of the health and safety representative.
34Amendment of s 92 (Contents of provisional improvement notice)
Section 92(d), ‘8 days’—
omit, insert—4 days
35Amendment of s 94 (Minor changes to provisional improvement notice)
(1)Section 94, heading, ‘Minor changes’—
omit, insert—Changes
(2)Section 94—
insert—(2)Also, a health and safety representative may change the day by which the person is required to remedy the contravention or likely contravention with the agreement of—(a)the person to whom the notice was issued; or(b)if the person mentioned in paragraph (a) is a worker, the person conducting the business or undertaking at the workplace at which the worker carries out work.
36Amendment of s 100 (Request for review of provisional improvement notice)
Section 100(1), ‘7 days’—
omit, insert—3 days
37Amendment of s 102A (Definitions for division)
(1)Section 102A, definitions relevant union and WHS matter—
omit.(2)Section 102A—
insert—health and safety committee matter means the constitution of a health and safety committee under section 76.WHS matter means any of the following matters—(a)a work group determination matter;(b)a work group variation matter;(c)access to information by a health and safety representative under section 70(1)(c);(d)the giving of a notice or information to a health and safety representative under section 70(1)(cb) or (cc);(e)a request by a health and safety representative for a person assisting the representative to have access to the workplace under section 70(1)(g);(f)a matter mentioned in section 72(2)(aa), (a) or (b) or (4)(a), (b) or (c) relating to training for a health and safety representative;(g)a health and safety committee matter;(h)a matter about work health and safety that is an issue to which division 5 applies;(i)an issue about cessation of work under division 6.work group determination matter means the negotiation for the determination of a work group under section 52(1).work group variation matter means the negotiation for a variation of an agreement concerning the determination of a work group under section 52(4).(3)Section 102A, definition dispute, paragraph (d)—
omit, insert—(d)a relevant union for a worker affected by the WHS matter;(e)a representative for a worker affected by the WHS matter.
After section 102A—
insert—This division applies in relation to any of the following disputes—(a)a dispute about a WHS matter that is a work group determination matter, work group variation matter or health and safety committee matter, if—(i)an inspector has been appointed to assist the parties to the dispute to reach an agreement about the matter; and(ii)the inspector has made a decision relating to the dispute under section 54(5)(a) or (b) or 76(6B);(b)a dispute about a WHS matter, other than a WHS matter mentioned in paragraph (a), whether or not an inspector has been appointed to assist in resolving the dispute.
39Amendment of s 102B (Notice of dispute may be given to commission)
(1)Section 102B(1)—
omit.(2)Section 102B(3)(d)—
omit, insert—(d)if, under this part, an inspector has been appointed to assist the parties reach an agreement or resolve the dispute—whether a decision made by the inspector to exercise, or not to exercise, compliance powers under part 10 is subject to review under part 12.(3)Section 102B(5)—
omit, insert—(5)If a relevant union for a worker affected by the WHS matter is not named as a party to the dispute in the notice, the union may notify the industrial registrar, in writing, that the union wants to participate in the resolution of the dispute.(4)Section 102B(6), ‘subsection (5)’—
omit, insert—subsection (4)
(5)Section 102B(2) to (6)—
renumber as section 102B(1) to (5).
After section 102B—
insert—102BA Effect of notice of dispute on involvement of inspector
(1)This section applies if—(a)the dispute is a dispute mentioned in section 102AA(b); and(b)notice of the dispute is given under section 102B(1).(2)A party to the dispute must not ask the regulator to appoint an inspector to assist in resolving the dispute and the regulator must not appoint an inspector to assist in resolving the dispute.(3)If an inspector has already been appointed to assist in resolving the dispute, the inspector must take no further action to attempt to assist to resolve the dispute.(4)Subsection (3) applies subject to any order made by the commission in relation to the dispute, including, for example, an order mentioned in section 102C(3) or directions mentioned in section 102D(2)(a)(iii).
41Amendment of s 102D (Review of particular decisions made by inspector)
(1)Section 102D(1)—
omit, insert—(1)Subsections (1A) to (2A) apply if the dispute relates to any of the following decisions (each an original decision) made by an inspector—(a)a decision under section 54(5) or 76(6B);(b)a decision (a compliance decision) to exercise, or not to exercise, compliance powers under part 10 to assist in resolving the dispute.(1A)In dealing with the dispute under this division, the commission may review the decision.(2)Section 102D(2), ‘a compliance decision under subsection (1)’—
omit, insert—the original decision under subsection (1A)
(3)Section 102D(2)(a) and (b)(i), ‘the compliance decision’—
omit, insert—the original decision
(4)Section 102D—
insert—(2A)Despite section 102C(3), the commission must not make an order under this division staying the operation of the original decision.(2B)Subsections (3) to (6) apply if the dispute relates to an original decision that is a compliance decision.(5)Section 102D(4)—
omit.
42Amendment of s 105 (What is discriminatory conduct)
Section 105(1)(a)—
insert—(v)treats a worker less favourably than other workers of the person; or
43Amendment of s 112 (Civil proceedings in relation to engaging in or inducing discriminatory or coercive conduct)
(1)Section 112(1)—
omit, insert—(1)An eligible person may apply to the commission for an order under this section.(2)Section 112(2), (3) and (5), ‘court’—
omit, insert—commission
(3)Section 112(6)(b)—
omit, insert—(b)if a worker is affected by the contravention as a worker—a suitable entity representing the worker;(c)if a person is affected by the contravention other than as a worker—someone who is authorised as a representative by the person.
44Amendment of s 114 (General provisions relating to orders)
(1)Section 114(2), ‘If a court’—
omit, insert—If the commission
(2)Section 114(3), ‘a court can not’—
omit, insert—the commission can not
45Amendment of s 118 (Rights that may be exercised while at workplace)
(1)Section 118(1)—
insert—(f)remain at the workplace for the time necessary to achieve the purpose of the entry, subject to section 126.(2)Section 118(2), ‘However’—
omit, insert—Also
46Amendment of s 119 (Notice of entry)
(1)Section 119(1), after ‘contravention’—
insert—of this Act or the Electrical Safety Act 2002
(2)Section 119—
insert—(2A)To remove any doubt, it is declared that the requirement to give the notice under subsection (1) does not limit or otherwise affect the ability of the WHS entry permit holder to enter the workplace under this division before giving the notice.(2B)A notice given or purported to be given under subsection (1) is not invalid only because of—(a)a formal defect or irregularity in the notice; or(b)a failure to use the correct name of a person or relevant union mentioned in the notice if the notice sufficiently identifies the person or union.(3)Section 119—
insert—(4)However, if the WHS entry permit holder gives a notice of entry under subsection (1), while the WHS entry permit holder remains at the workplace they are not required to—(a)give further notice under section 120 if documents related to the suspected contravention are kept at the workplace or are accessible from a computer kept at the workplace; or(b)give further notice under section 122 if the WHS entry permit holder is consulting with the relevant workers in relation to the suspected contravention.(5)This section applies despite sections 120(3) and 122(1).
47Amendment of s 128 (Work health and safety requirements)
Section 128—
insert—(2)A request to comply with a work health and safety requirement under subsection (1)(a) is not reasonable if complying with the request would unduly delay or unreasonably prevent or hinder the WHS entry permit holder exercising a right of entry to a workplace under division 2 or 3.
48Amendment of s 137 (Expiry of WHS entry permit)
Section 137(1)(d)(i) and (ii)—
omit, insert—(i)an organisation registered under the Fair Work (Registered Organisations) Act 2009 (Cwlth); or(ii)an employee organisation registered under the Industrial Relations Act 2016, chapter 12.
49Amendment of s 148 (Unauthorised use or disclosure of information or documents)
(1)Section 148, ‘a suspected contravention’—
omit, insert—a suspected contravention of this Act or the Electrical Safety Act 2002 mentioned in section 117(1)
(2)Section 148(a)(ii)—
omit, insert—(ii)a serious threat to public health or safety, whether in relation to the suspected contravention or generally; or(3)Section 148—
insert—The use or disclosure of personal information obtained under division 2 is also regulated under the Privacy Act 1988 (Cwlth).
50Amendment of s 150 (Union to provide information to industrial registrar)
Section 150(c)(i) and (ii)—
omit, insert—(i)an organisation registered under the Fair Work (Registered Organisations) Act 2009 (Cwlth); or(ii)an employee organisation registered under the Industrial Relations Act 2016, chapter 12.
51Amendment of s 155 (Powers of regulator to obtain information)
(1)Section 155—
insert—(2A)The notice may be served in any way that a notice may be issued or given under section 209.(2)Section 155(3)(b), ‘requirement’—
omit, insert—requirement, without a reasonable excuse,
(3)Section 155—
insert—(8)A notice may be served on a person under this section even though—(a)the person is outside the State; or(b)the notice relates to information, documents or evidence—(i)outside the State; or(ii)relating to a matter outside the State.
After section 155—
insert—155A Power of regulator to give particular information to particular persons
(1)This section applies if an inspector issues any of the following notices (each a relevant notice)—(a)an improvement notice about a contravention of a provision of this Act at a workplace;(b)a prohibition notice about an activity that is occurring, or may occur, at a workplace;(c)a non-disturbance notice relating to a site at a workplace.(2)The regulator may, at the request of an entitled person, give the person information contained in the relevant notice, other than information that is—(a)personal information about an individual; or(b)confidential commercial information.(3)For subsection (2), a person is an entitled person if the person is—(a)a health and safety representative for a worker for the workplace to which the relevant notice relates; or(b)a WHS entry permit holder representing a relevant union for a relevant worker for the workplace to which the relevant notice relates.(4)In this section—relevant union see section 116.relevant worker see section 116.
53Amendment of s 171 (Power to require production of documents and answers to questions)
(1)Section 171(1), from ‘or has’ to ‘division,’—
omit.(2)Section 171—
insert—(2A)Also, within 30 days after the day an inspector enters a workplace under this division, the inspector or another inspector may give a written notice to a person requiring the person—(a)if the person has custody of, or access to, a particular document—to produce the document to the inspector within a particular period; or(b)to give written answers to particular questions within a particular period; or(c)to attend before the inspector and answer any questions put by the inspector—(i)at a particular time and place; or(ii)at a particular time by audiovisual link or audio link.See section 173(1A) in relation to matters required to be stated in the notice.(2B)If a requirement is made of a person under subsection (2A)(c)(i) to attend before the inspector in person—(a)the person may ask to attend by audiovisual link or audio link instead; and(b)the inspector must agree to the request if it would be reasonable in the circumstances.(2C)If a requirement is made of a person under subsection (2A)(c)(ii) to attend before the inspector by audiovisual link or audio link—(a)the person may ask to attend in person; and(b)the inspector must agree to the request if it is reasonable in the circumstances.(2D)A requirement under subsection (2A) may only relate to a document or question relevant to the purpose for which the workplace was entered.(2E)A notice under subsection (2A) may be served in any way that a notice may be issued or given under section 209.(3)Section 171(3), after ‘subsection (1)(c)’—
insert—or subsection (2A)(c)
54Amendment of s 173 (Warning to be given)
(1)Section 173(1), after ‘part’—
insert—other than by a written notice under section 171(2A)
(2)Section 173—
insert—(1A)A written notice under section 171(2A) must—(a)state that the notice is given under section 171(2A); and(b)state the purpose of the entry to the workplace to which the notice relates; and(c)contain a statement to the effect that it is an offence to refuse or fail to comply with a requirement in the notice without reasonable excuse; and(d)contain a statement about the effect of sections 172 and 269; and(e)if the notice requires the person to attend before an inspector—state that the person may attend with a legal practitioner or other representative.(3)Section 173(2), after ‘subsection (1)(c)’—
insert—or the statement mentioned in subsection (1A)(d)
After section 229E—
insert—(1)The commission may, following a hearing of an application for a review, order that a person pay the costs of the hearing.(2)Subject to subsection (1), a person must bear the person’s own costs in relation to the application.(3)The commission may not make any other order in relation to the costs of an application for a review.(4)This section applies despite the Industrial Relations Act 2016, section 545.
56Amendment of s 230 (Prosecutions)
(1)Section 230(1), after paragraph (a)—
insert—(aa)an appropriately qualified member of the WHS prosecutor’s staff, with the written authorisation of the WHS prosecutor, either generally or in a particular case; or(2)Section 230(2), ‘subsection (1)(b)’—
omit, insert—subsection (1)(aa) or (b)
57Amendment of s 231 (Procedure if prosecution not brought)
(1)Section 231(1) and (1A)—
omit, insert—(1)Subsection (1A) applies if—(a)a person (the applicant) reasonably considers—(i)that an act or omission constitutes a category 1 offence or category 2 offence; or(ii)that an act or omission constitutes an offence under part 2A; or(iii)from a coronial report or the proceedings at a coronial inquiry or inquest that an act or omission constitutes a category 1 or category 2 offence; and(b)no prosecution has been brought in relation to the act or omission.(1A)The applicant may make a written request to the WHS prosecutor that a prosecution be brought in relation to the act or omission.(1B)However, the request may only be made if—(a)if subsection (1)(a)(i) applies—it has been at least 6 months but not more than 18 months since the act or omission happened; or(b)if subsection (1)(a)(ii) applies—it has been at least 6 months since the act or omission happened; or(c)if subsection (1)(a)(iii) applies—it has been not more than 6 months since the report was made or the inquiry or inquest ended.(2)Section 231(2), ‘(1) or’—
omit.(3)Section 231(2)(a), ‘the person’—
omit, insert—the applicant
(4)Section 231—
insert—(2A)If, under subsection (2)(a)(i), the WHS prosecutor advises the applicant that the investigation is not complete—(a)the regulator must give the applicant a written update about the investigation at least every 3 months until the investigation is complete; and(b)when the investigation is complete, the WHS prosecutor must—(i) advise the applicant, in writing, whether a prosecution will be brought or give reasons a prosecution will not be brought; and(ii)advise the person who the applicant believes committed the offence about the request and the matters mentioned in subparagraph (i).(5)Section 231(3), ‘the person’—
omit, insert—the applicant
(6)Section 231(5), after ‘advice’—
insert—mentioned in subsection (4)
(7)Section 231(5)(a)—
omit, insert—(a)the applicant; and
58Amendment of s 255 (Proceedings for contravention of WHS civil penalty provision)
(1)Section 255(1)—
omit, insert—(1)Subject to this division, an application may be made to the commission for an order in relation to a contravention, or alleged contravention, of a WHS civil penalty provision.(2)Section 255(2) and (3), ‘civil penalty provision’—
omit, insert—WHS civil penalty provision
59Amendment of s 258 (Civil proceeding rules and procedure to apply)
Section 258, ‘court’—
omit, insert—commission
60Amendment of s 259 (Proceeding for a contravention of a WHS civil penalty provision)
Section 259(1), ‘court’—
omit, insert—commission
61Replacement of ss 260 and 261
Sections 260 and 261—
omit, insert—260Who may apply for order in relation to contravention of WHS civil penalty provision
(1)The WHS prosecutor may apply to the commission for an order in relation to a contravention, or alleged contravention, of any WHS civil penalty provision.(2)Also, the WHS prosecutor may authorise in writing an appropriately qualified member of the WHS prosecutor’s staff, either generally or in a particular case, to apply for an order under subsection (1).(3)Subsection (4) applies in relation to each of the following WHS civil penalty provisions—(a)section 126;(b)section 144(1);(c)section 145;(d)section 146;(e)section 147(1).(4)The following entities may apply to the commission for an order in relation to a contravention, or alleged contravention, of the WHS civil penalty provision—(a)a relevant union under part 7;(b)a WHS entry permit holder;(c)a person who is affected by the contravention or alleged contravention.261Limitation period for application in relation to contravention of WHS civil penalty provision
An application under section 260 for an order in relation to a contravention, or alleged contravention, of a WHS civil penalty provision must be made within 2 years after the contravention or alleged contravention first comes to the notice of the applicant.
62Amendment of s 262 (Recovery of a monetary penalty)
(1)Section 262, ‘court orders’—
omit, insert—commission orders
(2)Section 262(b), ‘a judgment of the court’—
omit, insert—an order of the commission
63Amendment of s 263 (Civil double jeopardy)
Section 263, ‘court’—
omit, insert—commission
64Amendment of s 271 (Confidentiality of information)
(1)Section 271, after subsection (1)—
insert—(1A)This section also applies if a person mentioned in section 155A(3)(a) or (b) obtains information under that section.(2)Section 271(3)(c)—
omit, insert—(c)that is made or given by the regulator or a person authorised by the regulator and is authorised under section 271A; or(3)Section 271(3)—
insert—The use or disclosure of personal information is also regulated under the Privacy Act 1988 (Cwlth).
After section 271—
insert—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) or (1A).(2)The regulator or a person authorised by the regulator may, in the circumstances stated in subsection (3)—(a)disclose the information, or the contents of or information contained in the document, to any other person including a corresponding regulator; or(b)give access to the document to any other person including a corresponding regulator; or(c)use the information or document.(3)The circumstances are that the regulator reasonably believes the disclosure, access or use—(a)is necessary for administering, or monitoring or enforcing compliance with this Act; or(b)is necessary for the administration or enforcement of another Act or law prescribed by regulation; or(c)is necessary for the administration or enforcement of another Act or law, if the disclosure, access or use is necessary to lessen or prevent a serious risk to public health or safety; or(d)is necessary for the recognition of an authorisation under a corresponding WHS law; or(e)is required for the exercise of a power or function under a corresponding WHS law.(4)This section does not limit the operation of section 271(3)(a), (b), (d), (e) or (f) in relation to the disclosure of information, giving of access to a document or use of information by the regulator or a person authorised by the regulator.
66Amendment of s 274 (Approved codes of practice)
(1)Section 274(4C)—
omit.(2)Section 274—
insert—(7)The Minister must ensure a code of practice is reviewed at least every 5 years.
67Insertion of new pt 16, div 8, sdiv 2
Part 16, division 8, as inserted by this Act—
insert—327Definitions for subdivision
In this subdivision—amendment Act means the Work Health and Safety and Other Legislation Amendment Act 2024.former, in relation to a provision, means the provision as in force immediately before the commencement.new, in relation to a provision of this Act, means the provision as in force from the commencement.328Existing procedures for consultation
(1)This section applies if—(a)before the commencement—(i)the person conducting a business or undertaking started to consult with workers under section 47(1); and(ii)the parties had agreed to procedures for the consultation under section 47(2); and(b)immediately before the commencement, the consultation had not ended.(2)Former section 48 continues to apply in relation to the consultation as if the amendment Act had not been enacted.329Existing work group negotiations
(1)This section applies if—(a)before the commencement, negotiations to determine a work group under section 52(1), as in force from time to time before the commencement, had started; and(b)immediately before the commencement, the work group had not been determined.(2)This section also applies if—(a)before the commencement, negotiations under section 52(4) to vary an agreement concerning the determination of a work group had started; and(b)immediately before the commencement, the agreement had not been varied.(3)From the commencement, a relevant union may not become a party to the negotiations under new section 52(1)(c) or (4B).(4)Subject to subsection (3), from the commencement, former section 52(2) and (5) continues to apply in relation to the negotiations as if the amendment Act had not been enacted.330Health and safety representatives to be given particular notices
(1)New section 70 and new part 5, division 7A apply only in relation to a notice given by an inspector or a notice of entry given by a WHS entry permit holder after the commencement.(2)New section 70 and new part 5, division 7A apply only in relation to 1 or more of the following that happen after the commencement—(a)a written notice about a notifiable incident is given to the regulator;(b)the regulator gives a person conducting the business or undertaking details of information received about a notifiable incident;(c)the regulator gives a person conducting a business or undertaking an acknowledgement of receiving a notice about a notifiable incident.331Period for establishing health and safety committee
(1)This section applies if—(a)before the commencement, a request mentioned in section 75(1)(a) was made to establish a health and safety committee; and(b)immediately before the commencement, the former establishment period had not ended and the committee had not been established.(2)Former section 75(1)(a) continues to apply for establishing the health and safety committee as if the amendment Act had not been enacted.(3)In this section—former establishment period means the 2-month period for establishing the health and safety committee mentioned in former section 75(1)(a).332Resolution of existing issue relating to work health and safety
(1)Subsection (2) applies if—(a)an issue relating to a matter about work health and safety mentioned in section 81(1) arose before the commencement; and(b)immediately before the commencement, the issue had not been resolved or settled, whether by a written agreement between the parties, the exercise of an inspector’s compliance powers or the commission acting under section 102C(2) or (3).(2)From the commencement, a relevant union may not become a party to the dispute under new section 80(1)(e).333Existing directions to cease unsafe work
(1)This section applies if, before the commencement, a health and safety representative gave a direction under former section 85.(2)Former section 85 continues to apply in relation to the direction as if the amendment Act had not been enacted.334Time for compliance with provisional improvement notices
(1)This section applies if—(a)a provisional improvement notice was issued before the commencement; and(b)immediately before the commencement, the provisional improvement notice had not been cancelled.(2)Former sections 92, 94 and 100 continue to apply in relation to the provisional improvement notice as if the amendment Act had not been enacted.335Existing proceedings in relation to discriminatory or coercive conduct
(1)This section applies in relation to proceedings—(a)started before the commencement under section 112, as in force from time to time before the commencement; and(b)that had not been decided before the commencement.(2)The Magistrates Court may continue to hear, and decide, the proceedings under former section 112 as if the amendment Act had not been enacted.Section 229EA applies in relation to an application for review filed after the commencement.337Existing proceedings in relation to WHS civil penalty provisions
(1)This section applies in relation to WHS civil penalty proceedings—(a)started before the commencement under part 13, division 7, as in force from time to time before the commencement; and(b)that had not been decided before the commencement.(2)The Magistrates Court may continue to hear, and decide, the proceedings under former part 13, division 7 as if the amendment Act had not been enacted.(1)This section applies in relation to a code of practice if—(a)the code of practice was approved by the Minister after 23 October 2017; and(b)immediately before the commencement the code of practice had not expired.(2)New section 274 applies in relation to the code of practice.(3)For calculating when the code of practice must be reviewed, a review carried out by the Minister before the commencement is taken to be a review for the purpose of new section 274.339Existing industry sector standing committees
On the commencement, the industry sector standing committees established under former schedule 2, section 14 are taken to have been established by the Minister under new schedule 2, section 14.(1)To remove any doubt, it is declared that the replacement of schedule 2, section 23B by the amendment Act has effect only to change the name of the committee established under that section and does not establish a new committee.(2)From the commencement, if the context permits, a reference in an instrument to the affected persons committee or the Persons Affected by Work-related Fatalities and Serious Incidents Consultative Committee is taken to be a reference to the Consultative Committee for Work-related Fatalities and Serious Incidents.
68Amendment of sch 1 (Application of Act)
(1)Schedule 1, part 1, section 1(6), definitions air conditioning unit, amusement device, cooling tower, escalator, high risk plant, lift and LP gas cylinder—
omit.(2)Schedule 1, part 1, section 1(6)—
insert—high risk plant means plant prescribed by regulation as high risk plant.
69Amendment of sch 2 (The regulator and local tripartite consultation arrangements and other local arrangements)
(1)Schedule 2, section 14—
omit, insert—14Industry sector standing committees
(1)The Minister may, by gazette notice, establish industry sector standing committees.(2)However, no more than 10 industry sector standing committees may exist at any particular time.(2)Schedule 2, section 23A, definition affected persons committee—
omit.(3)Schedule 2, section 23A—
insert—consultative committee see section 23B.(4)Schedule 2, section 23B—
omit, insert—The Consultative Committee for Work-related Fatalities and Serious Incidents (the consultative committee) is established.
70Amendment of sch 2A (Reviewable decisions)
Schedule 2A, items 1 and 3—
omit.
71Amendment of sch 5 (Dictionary)
(1)Schedule 5, definitions affected persons committee, relevant union, representative and union—
omit.(2)Schedule 5—
insert—cease work notice, for part 5, see section 85.confidential commercial information means—(a)information about a trade secret; or(b)financial information or other information that has commercial value and, if disclosed, will cause significant financial harm to a business or undertaking.consultative committee, for schedule 2, part 2A, see schedule 2, section 23B.excluded entity, for representing or assisting a worker or the health and safety representative for a worker, see section 45B.health and safety committee matter, for part 5, division 7A, see section 102A.relevant union—(a)for part 7, see section 116; or(b)otherwise, for a worker, whether the worker is a health and safety representative or another worker, see section 45A.representative, in relation to a worker, see section 45A.suitable entity, for representing or assisting a worker or the health and safety representative for a worker, see section 45A.union means—(a)an employee organisation registered under the Fair Work (Registered Organisations) Act 2009 (Cwlth); or(b)an employee organisation registered under the Industrial Relations Act 2016, chapter 12.work group determination matter, for part 5, division 7A, see section 102A.work group variation matter, for part 5, division 7A, see section 102A.(3)Schedule 5, definition corresponding regulator, ‘corresponding law’—
omit, insert—corresponding WHS law
(4)Schedule 5, definition corresponding WHS law, ‘another’—
omit, insert—the Commonwealth or another
(5)Schedule 5, definition officer, paragraph (a), ‘section 9’—
omit, insert—section 9AD
Schedule 1 amends the legislation it mentions.
1Section 61A, definition cooling tower—
omit, insert—cooling tower means a device for lowering the temperature of water by evaporative cooling in which atmospheric air passes through sprayed water exchanging heat, and includes a device incorporating a refrigerant or water heat exchanger.
omit.
2Part 8, division 2, heading, ‘to obtain’—
omit, insert—relating to
3Section 256(2), ‘civil penalty provision’—
omit, insert—WHS civil penalty provision
4Section 257, heading, ‘civil penalty provision’—
omit, insert—WHS civil penalty provision
5Schedule 2, part 2A, heading—
omit, insert—
6Particular references to affected persons committee—
Each of the following provisions is amended by omitting ‘affected persons committee’ and inserting ‘consultative committee’—•schedule 2, sections 23C and 23D(1)•schedule 2, section 23F(1)(d)•schedule 2, sections 23I to 23O.
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