Commencement information
Column 1	Column 2	Column 3
Provision(s)	Commencement	Date/Details
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table	The day on which this Act receives the Royal Assent
2. Schedule 1	The 28th day after the day on which this Act receives the Royal Assent
3. Schedule 2	Immediately after the commencement of sections 1 to 3 of this Act

Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

(2) Column 3 of the table is for additional information that is not part of this Act. This information may be included in any published version of this Act.

3 Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendment of the Occupational Health and Safety (Commonwealth Employment) Act 1991

Part 1—Amendments

1 At the end of section 3

Add:

; and (f) to encourage and assist employers, employees and other persons on whom obligations are imposed under the Act to observe those obligations; and

(g) to provide for effective remedies if obligations are not met, through the use of civil remedies and, in serious cases, criminal sanctions.

2 Subsection 5(1) (definition of annual report of the Commission)

Omit “Commonwealth Employees’ Rehabilitation and Compensation Act 1988”, substitute “Safety, Rehabilitation and Compensation Act 1988”.

3 Subsection 5(1)

Insert:

association means an association of employees a principal purpose of which is the protection and promotion of the employees’ interests in matters concerning their employment.

4 Subsection 5(1) (definition of Comcare)

Omit “Commonwealth Employees’ Rehabilitation and Compensation Act 1988”, substitute “Safety, Rehabilitation and Compensation Act 1988”.

5 Subsection 5(1) (definition of Commission)

Omit “Commission for the Safety, Rehabilitation and Compensation of Commonwealth Employees”, substitute “Safety, Rehabilitation and Compensation Commission”.

6 Subsection 5(1) (definition of Commission)

Omit “Commonwealth Employees’ Rehabilitation and Compensation Act 1988”, substitute “Safety, Rehabilitation and Compensation Act 1988”.

7 Subsection 5(1) (definition of contractor)

Repeal the definition, substitute:

contractor means:

(a) a natural person, other than a person who is employed by the Commonwealth or by a Commonwealth authority, who performs work on Commonwealth premises in connection with a contract between:

(i) the Commonwealth; and

(ii) that person or another person (whether a natural person or not);

which is in connection with an undertaking being carried on by the Commonwealth; or

(b) a natural person, other than a person who is employed by the Commonwealth or by a Commonwealth authority, who performs work on Commonwealth premises in connection with a contract between:

(i) a Commonwealth authority; and

(ii) that person or another person (whether a natural person or not);

which is in connection with an undertaking being carried on by the authority mentioned in subparagraph (i); or

(c) in section 14—a natural person as described in paragraph (a) or (b) and also includes a body corporate, other than a Commonwealth authority, that performs work on Commonwealth premises in connection with a contract between:

(i) the Commonwealth or a Commonwealth authority; and

(ii) that body corporate or another person (whether a natural person or not);

which is in connection with an undertaking being carried on by the Commonwealth or the authority mentioned in subparagraph (i).

8 Subsection 5(1)

Insert:

employee representative means:

(a) in relation to an employee of an employer—a registered organisation of employees, or an association, of which the employee is a member, being an employee who is qualified to be such a member by virtue of the work the employee performs as an employee of the employer; or

(b) in relation to a designated work group—a registered organisation of employees, or an association, of which an employee included in the group is a member, being an employee who is qualified to be such a member by virtue of the work the employee performs as an employee included in the group.

9 Subsection 5(1) (subparagraph (a)(i) of the definition of Government business enterprise)

Omit “the Schedule”, substitute “Schedule 1”.

10 Subsection 5(1)

Insert:

involved: a person is involved in a breach of a provision if, and only if, the person has:

(a) aided, abetted, counselled or procured the breach; or

(b) has induced, whether by threats or promises or otherwise, the breach; or

(c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the breach; or

(d) has conspired with others to effect the breach.

11 Subsection 5(1) (definition of involved union)

Repeal the definition.

12 Subsection 5(1)

Insert:

registered organisation means:

(a) an organisation within the meaning of the Workplace Relations Act 1996; or

(b) a body that is declared by the regulations to be a registered organisation for the purposes of this Act.

13 Subsection 5(1) (definition of registered union)

Repeal the definition.

14 Subsection 5(1)

Insert:

safety management arrangements means the safety management arrangements referred to in paragraph 16(2)(d).

15 Subsection 5(3A)

Omit “Commonwealth Employees’ Rehabilitation and Compensation Act 1988”, substitute “Safety, Rehabilitation and Compensation Act 1988”.

16 Subsection 5(6)

Omit “contravention” (wherever occurring), substitute “breach”.

17 Subsections 11(2) and (3)

Repeal the subsections, substitute:

(2) Nothing in this Act has the effect of making the Commonwealth or a Commonwealth authority (other than a Government business enterprise):

(a) liable to be prosecuted for an offence; or

(b) liable to pay any fine or penalty under the Act or the regulations, other than as mentioned in subsection (3).

(3) Subsection (2) does not prevent the Commonwealth or a Commonwealth authority from being:

(a) subject to proceedings for a contravention of subclause 2(1) of Schedule 2; or

(b) liable to pay a pecuniary penalty under subclause 4(1) of Schedule 2.

Note: A court may also grant an injunction under clause 14 of Schedule 2, make remedial orders under clause 15 of Schedule 2 or enforce undertakings under clause 16 of Schedule 2.

(4) Subsection (2) does not prevent the following:

(a) a person who is employed by the Commonwealth;

(b) a person who is employed by a Commonwealth authority (including a Government business enterprise);

(c) a Government business enterprise;

from being:

(d) subject to proceedings for a contravention of subclause 2(1) of Schedule 2; or

(e) liable to be prosecuted for an offence; or

(f) liable to pay any fine or penalty under the Act or the regulations.

18 Subsection 12(1)

Omit “Commonwealth Employees’ Rehabilitation and Compensation Act 1988”, substitute “Safety, Rehabilitation and Compensation Act 1988”.

19 Paragraph 12(1)(b)

Omit “, either on its own initiative or on request,”.

20 At the end of paragraph 12(1)(b)

Add “(including the matters that should be covered by safety management arrangements)”.

21 At the end of subsection 12(1)

Add:

; (h) to issue any directions that the Commission considers to be appropriate to employers on the conduct of elections under section 25A for health and safety representatives.

22 At the end of subsection 14(1)

Add:

Note: For the meaning of contractor, see subsection 5(1).

23 Subsection 16(1) (penalty)

Repeal the penalty.

24 At the end of subsection 16(1)

Add:

Note: An employer who breaches subsection (1) may be subject to civil action or a criminal prosecution (see Schedule 2).

25 Subsection 16(2)

Omit “contravenes”, substitute “breaches”.

26 Paragraph 16(2)(d)

Repeal the paragraph, substitute:

(d) to develop, in consultation with the employees of the employer, safety management arrangements that will:

(i) enable effective co-operation between the employer and the employees in promoting and developing measures to ensure the employees’ health, safety and welfare at work; and

(ii) provide adequate mechanisms for informing the employees about the arrangements; and

(iii) provide adequate mechanisms for reviewing the effectiveness of the arrangements; and

(iv) provide adequate mechanisms for the variation of the arrangements in consultation with the employees; and

(v) provide for a dispute resolution mechanism to deal with disputes arising in the course of consultations held under this Act (other than section 24) between the employer and the employees; and

(vi) in the case of an employer who is required under section 34 to establish a health and safety committee—provide for the manner in which the health and safety committee is to be constituted and to operate; and

Note: The establishment of health and safety committees is dealt with in section 34.

27 Subsection 16(3)

Repeal the subsection, substitute:

(3) Without limiting the matters that may be covered by safety management arrangements developed by an employer as mentioned in paragraph (2)(d), such arrangements may provide for the following:

(a) a written occupational health and safety policy in respect of the employer and the employees of the employer;

(b) arrangements relating to risk identification and assessment;

(c) the making of agreements between the employer, the employees of the employer and their employee representatives in relation to:

(i) continuing consultation, between the employer, the employees of the employer and their employee representatives on occupational health and safety matters; and

(ii) such other matters (if any) as are agreed between the employer, the employees of the employer and their employee representatives;

(d) training in relation to occupational health and safety.

28 Subsection 16(5)

Omit “contravenes”, substitute “breaches”.

29 After section 16

Insert:

16A Development of safety management arrangements

(1) In developing or varying safety management arrangements, an employer must have regard to any advice of the Commission on the matter (whether the advice has been given to that employer, or to employers generally).

(2) An employee of an employer who is holding consultations to develop or vary safety management arrangements may be represented in the consultations by one of the following if the employee so requests:

(a) another employee of the employer;

(b) an employee representative in relation to the employee.

(3) To avoid doubt, if an employee of an employer is represented under subsection (2), this does not prevent the employee, an employee mentioned in paragraph (2)(a) or any other employee of the employer from being involved in the consultations.

16B Certificate for employee representative involved in consultations

(1) If the Chief Executive Officer of Comcare considers, on application by an employee representative, that an employee in relation to the employee representative has requested the employee representative to be involved in consultations held by an employer in the course of developing or varying safety management arrangements, the Chief Executive Officer may issue a certificate to that effect.

(2) The application must be in the prescribed form.

(3) The certificate must not identify any of the employees concerned. However, it must identify the employee representative, the employer and the proposed consultations.

(4) The certificate ceases to have effect at the earlier of:

(a) the time when the Chief Executive Officer of Comcare considers that each of the employees who requested to be represented by the employee representative in consultations identified by the certificate has requested that the certificate cease to have effect; and

(b) the end of the 12 month period that started when the certificate was issued.

(5) If a certificate ceases to have effect under paragraph (4)(a), the Chief Executive Officer of Comcare must notify the employee representative, and the employer, in writing.

(6) A certificate is, for all purposes of this Act, prima facie evidence of the matters stated in it.

(7) The Chief Executive Officer of Comcare may delegate to the Deputy Chief Executive Officer of Comcare his or her power under subsection (1). The delegation must be in writing.

30 Section 17 (penalty)

Repeal the penalty.

31 At the end of section 17

Add:

Note: An employer who breaches section 17 may be subject to civil action or a criminal prosecution (see Schedule 2).

32 Subsection 18(1) (penalty)

Repeal the penalty.

33 At the end of subsection 18(1)

Add:

Note: A manufacturer who breaches subsection (1) may be subject to civil action or a criminal prosecution (see Schedule 2).

34 Subsection 18(2) (penalty)

Repeal the penalty.

35 At the end of subsection 18(2)

Add:

Note: A manufacturer who breaches subsection (2) may be subject to civil action or a criminal prosecution (see Schedule 2).

36 Subsection 19(1) (penalty)

Repeal the penalty.

37 At the end of subsection 19(1)

Add:

Note: A supplier who breaches subsection (1) may be subject to civil action or a criminal prosecution (see Schedule 2).

38 Subsection 20(1)

Repeal the subsection (including the penalty), substitute:

(1) A person who erects or installs any plant in a workplace for the use of employees at work must take all reasonably practicable steps to ensure that the plant is not erected or installed in such a manner that:

(a) the plant is unsafe for, or constitutes a risk to the health of, employees at the workplace where the plant is erected or installed; or

(b) the process of erection or installation is unsafe for, or constitutes a risk to the health of, employees at the workplace where the plant is erected or installed.

Note: A person who breaches subsection (1) may be subject to civil action or a criminal prosecution (see Schedule 2).

39 Subsection 21(1) (penalty)

Repeal the penalty.

40 At the end of subsection 21(1)

Add:

Note: An employee who breaches subsection (1) may be subject to civil action or a criminal prosecution (see Schedule 2).

41 Paragraph 21(2)(a)

Repeal the paragraph, substitute:

(a) agreed on between the employer and employees (or their representatives under paragraph 16A(2)(a) or (b)) of the employer; or

42 Subsections 24(1) to (3)

Repeal the subsections, substitute:

(1) An employee may request his or her employer to:

(a) establish designated work groups in respect of employees of the employer; or

(b) vary designated work groups that have already been established.

(1A) An employee representative in respect of an employee of an employer may, if requested by the employee, request the employer to:

(a) establish designated work groups in respect of employees of the employer; or

(b) vary designated work groups that have already been established.

(2) The employer must, within 14 days after receiving a request under subsection (1) or (1A), enter into consultations to establish or vary (as the case requires) designated work groups with:

(a) the employer’s employees; and

(b) if an employee of the employer requests that the employer enter into consultations with an employee representative in relation to the employee—that employee representative.

(3) If an employer believes that designated work groups should be varied, the employer may at any time enter into consultations about the variation with:

(a) the health and safety representative of each designated work group proposed to be varied; and

(b) if an employee in a designated work group proposed to be varied requests that the employer also enter into such consultations with an employee representative in relation to the designated work group—that employee representative.

43 After section 24

Insert:

24A Consultations on designated work groups are safety management arrangement consultations

For the purposes of this Act, consultations under section 24 are taken to be consultations to develop safety management arrangements. However, for the purposes of developing safety management arrangements as described in paragraph 16(2)(d), it is not sufficient for an employer merely to hold consultations under section 24.

24B List of designated work groups

(1) An employer must:

(a) prepare and keep up to date a list of all designated work groups comprising employees performing work for the employer; and

(b) ensure that the list is available for inspection by investigators and the employees at all reasonable times.

(2) The list must describe the categories of employees included in each designated work group.

44 Subsections 25(4) to (10)

Repeal the subsections, substitute:

(4) If a person is selected as the health and safety representative for a designated work group under paragraph (3)(a), the person must inform the employer of the employees in the group of this fact as soon as practicable after the selection is made.

Note: The heading to section 25 is replaced by the heading “Selection of health and safety representatives”.

45 After section 25

Insert:

25A Election of health and safety representatives

(1) If:

(a) there is a vacancy in the office of health and safety representative for a designated work group; and

(b) within a reasonable time after the vacancy occurs, a person has not been selected under paragraph 25(3)(a);

the employer of the employees in the designated work group must invite nominations from all employees in the group for election as the health and safety representative of the group.

(2) If the office of health and safety representative is vacant and the employer has not invited nominations within a further reasonable time that is no later than 6 months after the vacancy occurred, the Commission may direct the employer to do so.

(3) If there is more than one candidate for election at the close of the nomination period, the employer must conduct, or arrange for the conduct of, an election at the employer’s expense.

(4) An election conducted or arranged to be conducted under subsection (3) must be conducted in accordance with regulations for the purposes of this subsection if this is requested by the lesser of:

(a) 100 employees normally in the designated work group; or

(b) a majority of the employees normally in the designated work group.

(5) If there is only one candidate for election at the close of the nomination period, that person is taken to have been elected.

(6) A person cannot be a candidate in the election if he or she is disqualified under section 32.

(7) All the employees in the designated work group are entitled to vote in the election.

(8) An employer conducting or arranging for the conduct of an election under this section must comply with any relevant directions issued by the Commission.

25B List of health and safety representatives

An employer must:

(a) prepare and keep up to date a list of all the health and safety representatives of designated work groups comprising employees performing work for the employer; and

(b) ensure that the list is available for inspection by investigators and the employees at all reasonable times.

25C Employees must be notified of selection etc. of health and safety representative

The employer of employees in a designated work group must:

(a) notify those employees of a vacancy in the office of health and safety representative for the designated work group within a reasonable time after the vacancy arises; and

(b) notify those employees of the name of any person selected (whether under paragraph 25(3)(a) or 25(3)(b)) as health and safety representative for the designated work group within a reasonable time after the selection is made.

46 Section 26

Repeal the section, substitute:

26 Term of office

(1) A health and safety representative for a designated work group holds office for the period specified in the safety management arrangements applying to the employees in the designated work group, but is eligible to be selected for further terms of office.

(2) If a period is not specified in safety management arrangements applying to the designated work group, the term of office is 2 years.

(3) This section is subject to sections 26A and 31.

26A Casual vacancy

If a person (the retiring representative) ceases to hold office as a health and safety representative before the end of the person’s term of office, the person selected to fill the vacancy holds office:

(a) if the vacancy occurred more than 6 months before the retiring representative’s term of office ended—for the remainder of the retiring representative’s term; and

(b) if the vacancy occurred within the period of 6 months before the retiring representative’s term of office ended—for the remainder of the retiring representative’s term and for the next term of office.

47 Subparagraph 28(1)(a)(ii)

Omit “or to”, substitute “, to Comcare or to”.

48 Section 29

Omit “contravening” (wherever occurring), substitute “breaching”.

49 Paragraph 29(1)(b)

Omit “contravened”, substitute “breached”.

50 Section 29

Omit “contravene” (wherever occurring), substitute “breach”.

51 Section 29

Omit “contravention” (wherever occurring), substitute “breach”.

52 After subsection 29(3)

Insert:

(3A) The notice has effect as soon as it is given to a person in accordance with subsection (2) or (3).

53 Subsection 29(8)

Omit “the Commission”, substitute “Comcare”.

54 Subsection 29(9)

Omit “Upon the request being made”, substitute “When a request is made under subsection (8)”.

55 After subsection 29(9)

Insert:

(9A) The health and safety representative may request Comcare or an investigator to investigate a matter that is the subject of a notice if:

(a) the responsible person has not complied with the notice within the period specified in the notice (including any extensions); and

(b) an investigation has not been requested under subsection (8).

56 Subsection 29(10)

After “a request” insert “(under subsection (8) or (9A))”.

57 After paragraph 31(1)(b)

Insert:

(ba) the designated work group is varied under subsection 24(6) and the variation results in a change to the membership of the group; or

58 Subsections 31(2) to (4)

Repeal the subsections, substitute:

(2) A person may resign as the health and safety representative for a designated work group by notice in writing delivered to the employer of the employees in the group.

(3) If a person resigns as the health and safety representative for a designated work group, the person must notify the employees included in the group of the resignation.

59 Subsection 32(1)

Omit “or by an involved union”, substitute “or, at the request of an employee in the designated work group, by an employee representative”.

60 After subsection 33(2)

Insert:

(2A) If an election for a deputy health and safety representative is to be held, the employer of the employees in the designated work group must invite nominations for the election from all the employees in the designated work group.

(2B) Subsections 25A(3) to (7) apply to the election.

Note: Subsections 25A(1) and (2) do not apply in relation to deputy health and safety representatives because the selection of a deputy is optional, not required, for each designated work group.

(2C) The following provisions apply to a deputy health and safety representative in the same way as they apply to a health and safety representative:

(a) section 31 (resignation etc. of health and safety representative);

(b) section 32 (disqualification of health and safety representatives).

61 Section 34

Repeal the section, substitute:

34 Health and safety committees

(1) An employer must establish a health and safety committee in respect of the employer’s employees if the number of the employer’s employees is normally not less than 50.

(2) An employer must also establish a health and safety committee in respect of the employer’s employees in a particular workplace if:

(a) the number of the employer’s employees in the workplace is normally not less than 50; and

(b) either:

(i) a health and safety representative of a designated work group comprising employees performing work for the employer in the workplace gives a written request to the employer asking the employer to establish such a committee; or

(ii) a majority of the employees in the workplace give a written request to the employer asking the employer to establish such a committee.

(3) Subject to subsection (4), a health and safety committee established under subsection (1) or (2) is to be constituted and to operate in accordance with the safety management arrangements applying to the employer’s employees.

Note: Subparagraph 16(2)(d)(vi) requires safety management arrangements to provide for the manner in which the health and safety committee is to be constituted and to operate.

(4) The number of members of a health and safety committee chosen by the employer to represent the interests of the employer must not exceed the number of members chosen by the employees to represent the interests of the employees.

(5) Nothing in this section prevents an employer from establishing, in consultation with its employees or any other persons:

(a) subcommittees of a health and safety committee; or

(b) committees concerned with occupational health and safety in relation to undertakings carried on by the employer; or

(c) other committees concerned, in whole or in part, with occupational health and safety.

62 Subsection 37(3)

Omit “the Commission”, substitute “Comcare”.

63 Section 39

Repeal the section, substitute:

38A Comcare may advise employers etc.

Comcare may advise employers, employees or contractors, either on its own initiative or on request, on occupational health and safety matters affecting those employers, employees or contractors.

39 Referral of persons seeking advice to experts

If:

(a) Comcare has been requested to advise an employer, employee or contractor about an occupational health and safety matter; and

(b) Comcare considers that a person other than a member of the staff of, or a consultant to, Comcare has special knowledge or experience relevant to the request;

Comcare may refer the employer, employee or contractor to the person.

64 Paragraph 41(1)(b)

Omit “contravention” (wherever occurring), substitute “breach”.

65 Subsection 41(2)

Omit “The Commission”, substitute “Comcare or the Commission”.

66 Paragraph 41(2)(b)

Omit “contravention” (wherever occurring), substitute “breach”.

67 Subsection 41(2)

Omit all the words from and including “must”, substitute:

must conduct an investigation accordingly, unless:

(d) in the case of a direction given by Comcare—Comcare or the Commission revokes the direction; or

(e) in the case of a direction given by the Commission—the Commission revokes the direction.

68 Subsection 41(3)

Omit “The Commission”, substitute “Comcare or the Commission”.

69 Subsection 41(3)

Omit all the words from and including “must”, substitute:

must conduct an investigation accordingly, unless:

(a) in the case of a direction given by Comcare—Comcare or the Commission revokes the direction; or

(b) in the case of a direction given by the Commission—the Commission revokes the direction.

70 Subsection 41(4)

Omit “Before giving a direction under subsection (3), the Commission”, substitute “Before Comcare or the Commission gives a direction under subsection (3), the body about to give the direction”.

71 Subsection 41(5)

Repeal the subsection, substitute:

(5) An employee representative in relation to an employee may, if requested by the employee, make a request to Comcare or to the Commission that an investigation be conducted at a workplace at which the employee performs work for an employer.

72 Subsection 43(1)

Omit “produce any documents requested by the investigator”, substitute “give to the investigator any documents requested by the investigator or copies of such documents”.

73 Subsection 43(2)

Repeal the subsection (including the penalty), substitute:

(2) A person must comply with a requirement made of the person under subsection (1).

Note: A person who breaches subsection (2) may be subject to civil action or a criminal prosecution (see Schedule 2).

74 Subsection 43(3)

Repeal the subsection (including the note), substitute:

(3) If a person gives an investigator documents or copies of documents under subsection (1), the investigator must return them to the person as soon as practicable after:

(a) they are no longer needed in connection with the conduct of the investigation; and

(b) either:

(i) a decision is made by the investigator not to use the documents or copies in evidence for proceedings for an offence against this Act or the regulations; or

(ii) the documents or copies have been used in such proceedings.

75 Subsection 45(1)

After “person who is”, insert “, or who may reasonably be presumed to be,”.

76 Paragraph 45(3)(b)

Omit “located.”, substitute “located;”.

77 At the end of subsection 45(3)

Add:

until the direction has expired, been revoked or been varied.

78 Subsection 45(5) (penalty)

Repeal the penalty.

79 At the end of subsection 45(5)

Add:

Note: An employer who breaches subsection (5) may be subject to civil action or a criminal prosecution (see Schedule 2).

80 At the end of section 45

Add:

(7) An investigator may revoke or vary a direction given under this section by giving a written notice to that effect to the person who is, or who may reasonably be presumed to be, for the time being in charge of operations at the workplace.

(8) If a direction is varied:

(a) a copy of the text of the original direction and any variations to it must be included in the notice; and

(b) the person to whom the written notice is given must cause that notice to be displayed in a prominent place at the workplace:

(i) that is, or a specified part of which is, under the notice, to be left undisturbed; or

(ii) at which the plant, substance or thing that is, under the notice, to be left undisturbed, is located;

until the direction has expired, been revoked or been varied; and

(c) the investigator must take all reasonable steps to notify people who were notified of the giving of the direction under subsection (1) of the variation of the direction and the terms of the varied direction.

81 After section 45

Insert:

45A Power to direct orally that workplace etc. not be disturbed

(1) An investigator may orally direct the person who is, or who may reasonably be presumed to be, for the time being in charge of operations at the workplace to ensure that a workplace, a part of a workplace, plant, a substance or a thing not be disturbed for a specified period if the investigator:

(a) considers on reasonable grounds that it is necessary to give the oral direction in order to:

(i) remove an immediate threat to the health or safety of any person; or

(ii) allow the inspection, examination or taking of measurements of, or conducting of tests concerning, a workplace or any plant, substance or thing at a workplace; and

(b) considers on reasonable grounds that there is not adequate time available to make a direction by written notice under section 45.

(2) The specified period:

(a) must be no longer than the period that the investigator considers on reasonable grounds is necessary in order to remove the threat or to allow the inspection, examination, measuring or testing to take place; and

(b) must end no later than 48 hours after the direction is given.

(3) An employer who has control over the workplace, plant, substance or thing to which the direction relates, and whose employees use the workplace, plant, substance or thing in the performance of work for the employer, must ensure the direction is complied with.

Note: If an employer breaches subsection (3), the employer may be subject to civil action or a criminal prosecution (see Schedule 2).

(4) The oral direction ceases to have effect at the earliest of the following times:

(a) the time when the specified period under subsection (2) ends;

(b) the time when the oral direction is revoked under subsection (5);

(c) the time when a direction under section 45 is given if that direction is made for the purposes of the same investigation and in respect of:

(i) the same workplace, part of a workplace, plant, substance or thing; and

(ii) the same threat, inspection, examination, measuring or testing;

as the oral direction.

(5) The direction may be revoked by informing the person who is for the time being in charge of operations at the workplace that the direction is revoked.

(6) The direction cannot be renewed or varied and no other direction under this section may be made for the purposes of the same investigation and in respect of:

(a) the same workplace, part of a workplace, plant, substance or thing; and

(b) the same threat, inspection, examination, measuring or testing;

as the first-mentioned direction.

Note: The heading to section 45 is altered by inserting “in writing” after “direct”.

82 At the end of subsection 46(3)

Add:

; and (c) specify a period for compliance with the notice that the investigator considers on reasonable grounds is sufficient to enable compliance.

83 Subsection 46(4) (penalty)

Repeal the penalty.

84 At the end of subsection 46(4)

Add:

Note: An employer who breaches subsection (4) may be subject to civil action or a criminal prosecution (see Schedule 2).

85 Subsection 46(6)

Repeal the subsection, substitute:

(6) The notice ceases to have effect when:

(a) an investigator notifies the employer that the investigator considers that the employer has taken adequate action to remove the threat to health or safety that caused the notice to be issued; or

(b) the notice is revoked under subsection (11).

86 Paragraph 46(9)(b)

After “displayed”, insert “, until the notice has expired, been revoked or been varied,”.

87 At the end of section 46

Add:

(11) An investigator may revoke or vary a notice (the original notice) given under this section by giving a written notice (the new notice) to that effect to the person who is, or who may be presumed on reasonable grounds to be, for the time being in charge of the activity in respect of which the original notice was issued.

(12) If the original notice is varied:

(a) the new notice must set out the text of the original notice and the variations to it; and

(b) the text of the new notice must specify a period for compliance with the new notice that the investigator considers on reasonable grounds is sufficient to enable compliance; and

(c) the employer must cause a copy of the new notice to be displayed, until the new notice has expired, been revoked or been varied, in a prominent place at or near each workplace at which work affected by the notice is being performed; and

(d) the investigator and employer must take all reasonable steps to give a copy of the new notice to each person to whom they gave copies of the original notice.

88 Section 47

Omit “contravening” (wherever occurring), substitute “breaching”.

89 Paragraph 47(1)(b)

Omit “contravened”, substitute “breached”.

90 Section 47

Omit “contravene” (wherever occurring), substitute “breach”.

91 After subsection 47(2)

Insert:

(2A) The notice has effect as soon as it is given to a person under subsection (1) or (2).

92 Section 47

Omit “contravention” (wherever occurring), substitute “breach”.

93 Subsection 47(6) (penalty)

Repeal the penalty.

94 At the end of subsection 47(6)

Add:

Note: A responsible person who breaches subsection (6) may be subject to civil action or a criminal prosecution (see Schedule 2).

95 Paragraph 47(8)(b)

After “displayed”, insert “, until the notice has expired, been revoked or been varied,”.

96 At the end of section 47

Add:

(10) An investigator may revoke or vary a notice (the original notice) given under this section by giving a written notice (the new notice) to that effect to the person who is, or who may reasonably be presumed to be, for the time being in charge of the activity in respect of which the original notice was issued.

(11) If the original notice is varied:

(a) the new notice must set out the text of the original notice and the variations to it; and

(b) the text of the new notice must specify a period that the investigator considers is reasonable, within which the employer must comply with the new notice; and

(c) the employer must cause a copy of the new notice to be displayed, until the new notice has expired, been revoked or been varied, in a prominent place at or near each workplace at which work affected by the new notice is being performed; and

(d) the investigator and employer must take all reasonable steps to give a copy of the new notice to each person to whom they gave copies of the original notice.

97 After paragraph 48(1)(c)

Insert:

(ca) decides, under section 45, to revoke or vary a direction that a workplace, a part of a workplace, plant, a substance or a thing not be disturbed; or

98 Before paragraph 48(1)(d)

Insert:

(cb) decides, under section 45A, to direct that a workplace, a part of a workplace, plant, a substance or a thing not be disturbed; or

99 After paragraph 48(1)(d)

Insert:

(da) decides, under section 46, to revoke or vary a prohibition notice; or

100 After paragraph 48(1)(f)

Insert:

or (fa) decides, under section 47, to revoke or vary an improvement notice;

101 Paragraph 48(1)(k)

Repeal the paragraph.

102 Before paragraph 48(1)(m)

Insert:

(l) an employee representative in relation to the designated work group that includes an employee affected by the decision who has requested the employee representative to make the appeal; or

103 Paragraph 48(1)(m)

Repeal the paragraph, substitute:

(m) if there is no such designated work group and an employee affected by the decision has requested an employee representative in relation to the employee to make the appeal—that employee representative; or

104 Paragraphs 48(2)(d) and (e)

Repeal the paragraphs, substitute:

(d) if an employee affected by the decision has requested an employee representative in relation to the designated work group to make the appeal—that employee representative; or

(e) if there is no such designated work group and an employee affected by the decision has requested an employee representative in relation to the employee to make the appeal—that employee representative.

105 Section 50

Repeal the section, substitute:

50 Notices not to be tampered with or removed

A person must not:

(a) tamper with any notice, or copy of a notice, that has been displayed under subsection 44(3), 45(3), 45(8), 46(9), 46(12), 47(8) or 47(11) while that notice is so displayed; or

(b) remove any notice, or copy of a notice, that has been so displayed:

(i) in the case of a notice displayed under subsection 44(3)—until the plant or thing to which the notice relates is returned to the workplace from which it was removed; or

(ii) in the case of a notice displayed under subsection 45(3), 45(8), 46(9), 46(12), 47(8) or 47(11)—before the notice, or direction to which the notice relates, as the case requires, has expired or been revoked or a new notice issued following the variation of the notice or direction.

Note: A person who breaches section 50 may be subject to a criminal prosecution (see Schedule 2).

106 Section 52

After “Division”, insert “(other than section 53)”.

107 Subsection 54(2)

Repeal the subsection (including the penalty), substitute:

(2) A person must comply with a requirement under subsection (1).

Note: A person who breaches subsection (1) may be subject to a criminal prosecution (see Schedule 2).

108 Subsection 54(3)

Repeal the subsection (including the note).

109 Subsection 57(1) (penalty)

Repeal the penalty.

110 At the end of subsection 57(1)

Add:

Note: A person who breaches section 57 may be subject to a criminal prosecution (see Schedule 2).

111 Subsections 57(2) and (3)

Repeal the subsections (including the notes).

112 Section 59

Omit “refuse or” (wherever occurring).

Note: The heading to section 59 is altered by omitting “Refusal” and substituting “Failure”.

113 Subsection 59(1) (penalty)

Repeal the penalty.

114 At the end of subsection 59(1)

Note: A person who breaches section 59 may be subject to a criminal prosecution (see Schedule 2).

115 Subsection 59(2)

Repeal the subsection (including the note).

116 Section 61 (penalty)

Repeal the penalty.

117 At the end of section 61

Add:

Note: A person who breaches section 61 may be subject to a criminal prosecution (see Schedule 2).

118 Section 64 (penalty)

Repeal the penalty.

119 At the end of section 64

Add:

Note: A person who breaches section 64 may be subject to a civil action (see Schedule 2).

120 Paragraph 66(1)(a)

After “section 45”, insert “or 45A”.

121 Section 67

Omit “Commonwealth Employees’ Rehabilitation and Compensation Act 1988”, substitute “Safety, Rehabilitation and Compensation Act 1988”.

122 Subsection 68(1)

Omit “, and such a report concerning,”.

Note: The heading to section 68 is altered by omitting “and reporting”.

123 Subsection 68(2)

Repeal the subsection, substitute:

(2) Without limiting the provision that may be made by regulations made for the purposes of this section, the regulations (not being regulations made for the purpose of paragraph (1)(b)) may include provisions relating to:

(a) the time within which notice of an accident or dangerous occurrence must be given; and

(b) the manner in which the notice must be given; and

(c) the form of the notice.

124 Subsection 70(7)

Omit “the offices of the Commission”, substitute “each of the offices of Comcare”.

125 Section 71

Omit “contravened”, substitute “breached”.

126 Section 71

Omit “contravention” (wherever occurring), substitute “breach”.

127 Section 72 (penalty)

Repeal the penalty.

128 At the end of section 72

Add:

Note: A person who breaches section 72 may be subject to a criminal prosecution (see Schedule 2).

129 Subsection 72(2)

Repeal the subsection, including the note.

130 Section 73 (penalty)

Repeal the penalty.

131 At the end of section 73

Add:

Note: An employer who breaches section 73 may be subject to civil action (see Schedule 2).

132 Paragraph 74(1)(c)

Repeal the paragraph, substitute:

(c) the safety management arrangements of the Entity or authority;

133 Paragraph 74(1)(d)

Omit “measures”, substitute “initiatives”.

134 After paragraph 74(1)(d)

Insert:

(da) health and safety outcomes (including the impact on injury rates of employees and contractors of the Entity or authority) achieved as a result of initiatives mentioned under paragraph (d) or previous initiatives;

135 Paragraph 74(1)(f)

Repeal the paragraph, substitute:

(f) any investigations conducted during the year that relate to undertakings carried on by the employer, including details of all notices given to the employer under section 29, 46 or 47 during the year;

136 Paragraph 74(1)(g)

Repeal the paragraph, substitute:

(g) such other matters as are required by guidelines approved on behalf of the Parliament by the Joint Committee of Public Accounts and Audit.

137 Subparagraph 75(c)(iii)

Omit “section 45”, substitute “sections 45 and 45A”.

138 Subsection 76(1) (penalty)

Repeal the penalty.

139 At the end of subsection 76(1)

Add:

Note: An employer who breaches this section may be subject to civil action (see Schedule 2).

140 Subsection 76(2)

Repeal the subsection.

141 Subsections 77(1) and (2)

Repeal the subsections, substitute:

(1) Proceedings for a breach of this Act or the regulations may be instituted by Comcare or by an investigator.

(2) A health and safety representative for a designated work group may request Comcare to institute proceedings for a breach of this Act or the regulations in relation to the occurrence of an act or omission if:

(a) a period of 6 months has elapsed since the act or omission occurred; and

(b) the health and safety representative considers that the occurrence of the act or omission constitutes a breach of this Act or the regulations; and

(c) proceedings in respect of the breach have not been instituted.

(2A) An employee representative in relation to a designated work group may request Comcare to institute proceedings for a breach of this Act or the regulations in relation to the occurrence of an act or omission if:

(a) a period of 6 months has elapsed since the act or omission occurred; and

(b) the employee representative considers that the occurrence of the act or omission constitutes a breach of this Act or the regulations; and

(c) proceedings in respect of the breach have not been instituted; and

(d) an employee included in the group requests the employee representative to request Comcare to institute the proceedings.

(2B) A request under subsection (2) or (2A) must be in writing.

Note: The heading to section 77 is altered by omitting “prosecutions” and substituting “proceedings”.

142 Subsection 77(3)

After “subsection (2)”, insert “or (2A)”.

143 Subsection 77(3)

Omit “involved union”, substitute “employee representative”.

144 Subsection 78(1)

Omit “an offence against”, substitute “a breach of”.

145 Subsection 78(2)

Omit “a prosecution for an offence against”, substitute “proceedings for a breach of”.

146 Subsection 78(3)

Omit “an offence against”, substitute “a breach of”.

147 Subsection 78(4)

Omit “a prosecution for an offence against”, substitute “proceedings for a breach of”.

148 Section 79

After “civil proceedings” (wherever occurring), insert “(other than proceedings under Part 1 of Schedule 2)”.

149 Paragraph 79(a)

Omit “contravention”, substitute “breach”.

150 Section 80

Omit “contravention” (wherever occurring), substitute “breach”.

Note: The heading to section 80 is altered by omitting “contravention” and substituting “breach”.

151 Subsection 80(2)

Omit “contravenes”, substitute “breaches”.

152 Paragraph 82(1)(c)

Omit “25”, substitute “25A”.

153 Paragraphs 82(1)(d) and (e)

Repeal the paragraphs.

154 Paragraph 82(1)(h)

Repeal the paragraph, substitute:

(h) civil or criminal penalties, for a breach of the regulations, not exceeding:

(i) 50 penalty units for an individual; or

(ii) 250 penalty units for a body corporate.

155 Schedule (heading)

Repeal the heading (including the note), substitute:

Schedule 1—Government business enterprises

Note: See section 5 (definition of Government business enterprise).

156 Schedule 1

Insert the following entries in their appropriate alphabetical positions, determined on a letter-by-letter basis: