42 40 Requirements for licence or registration 42 41 Requirements for prescribed qualifications or experience 43 42 Requirements for permit or certificate of competency 44 45 Division 1—Grouping of employees 45 43 Establishment of designated work groups 45 44 Negotiation of agreement concerning designated work groups 45 45 Determination by inspector of unresolved particulars 47 46 Matters to be taken into account 48 Division 2—Grouping of employees of multiple employers 48 47 Establishment of designated work groups of multiple employers 48 48 Negotiation of agreement for designated work groups of multiple employers 49 49 Matters to be taken into account 51 50 Guidelines for negotiations involving multiple employers 52 51 Withdrawal from negotiations or agreement involving multiple employers 52 52 Effect of Division on other arrangements 52 Division 3—Prohibition on coercion relating to designated work groups 53 53 Prohibition on coercion 53 Division 4—Health and safety representatives 53 54 Election of health and safety representatives 53 55 Term of office 55 56 Disqualification of health and safety representatives 56 57 Deputy health and safety representatives 57 Division 5—Powers of health and safety representatives 58 58 Powers of health and safety representatives 58 59 Powers generally limited to the particular designated work group 60 60 Provisional improvement notices 60 61 Provisional improvement notices may include directions 62 62 Offence to contravene a provisional improvement notice 62 63 Attendance of inspector at workplace after issue of provisional improvement notice 63 64 Service of provisional improvement notice or inspector's notice 64
(3) Employers and self-employed persons should be proactive, and take all reasonably practicable measures, to ensure health and safety at workplaces and in the conduct of undertakings. (4) Employers and employees should exchange information and ideas about risks to health and safety and measures that can be taken to eliminate or reduce those risks. (5) Employees are entitled, and should be encouraged, to be represented in relation to health and safety issues. 5 Definitions (1) In this Act— authorised representative of a registered employee organisation means a person who holds an entry permit issued under Part 8; S. 5(1) def. of Authority amended by No. 67/2013 s. 649(Sch. 9 item 25(1)(a)). Authority means the Victorian WorkCover Authority under the Workplace Injury Rehabilitation and Compensation Act 2013; commission in relation to plant includes performing necessary adjustments, tests and inspections before the plant starts or re-starts operations; s. 5 compliance code means a compliance code approved by the Minister under Part 12; S. 5(1) def. of contribution inserted by No. 28/2005 s. 28. contribution means a contribution the amount of which is determined in accordance with section 151A(2); S. 5(1) def of Authority amended by No. 66/2008 s. 32(1). corresponding Authority means a Government department or a statutory authority of the Commonwealth Government, or of the Government of another State or of a
in the complaint was not a substantial reason for the conduct. S. 78E(3) amended by No. 68/2009 s. 97(Sch. item 90.20). (3) It is a defence to a proceeding for a contravention of section 78A or 78C if the accused proves that— (a) the conduct was reasonable in the circumstances; and S. 78E(3)(b) amended by No. 67/2013 s. 649(Sch. 9 item 25(4)). (b) a substantial reason for the conduct was to comply with the requirements of this Act or with the Workplace Injury Rehabilitation and Compensation Act 2013. (4) The making of an order in a proceeding for a contravention of section 78A does not prevent the bringing of a proceeding for an offence against section 76 in respect of the same conduct. (5) If the Industrial Division of the Magistrates' Court makes an order under section 78D in a proceeding for a contravention of section 78A, the court cannot make an order under section 78 in a proceeding for an offence against section 76 in respect of the same conduct. (6) If the court makes an order under section 78 in a proceeding for an offence against section 76, the Industrial Division of the Magistrates' Court cannot make an order under section 78D in a proceeding for a contravention of section 78A in respect of the same conduct. s. 78E __________________ Division 1—Definitions 79 Definitions relating to registered employee organisations s. 79 In this Part—
6. Section 109(1) (forfeiture of seized things) (1) A person to whom a notice of forfeiture is issued under section 109(2). (2) A person who has an interest in the seized thing. (3) Any other person whose interests are affected by the decision. 7. Section 110(1) (issue of a non-disturbance notice) (1) The person to whom the nondisturbance notice is issued. (2) A health and safety representative who represents an employee, or represents a person mentioned in section 44(1)(e) or 48(1)(e), whose interests are affected by the decision. (3) An employee whose interests are affected by the decision. (4) An employer whose interests are affected by the decision. 8. Section 111(1) (issue of an improvement notice) (1) The person to whom the improvement notice is issued. (2) A health and safety representative who represents an employee, or represents a person mentioned in section 44(1)(e) or 48(1)(e), whose interests are affected by the decision. (3) An employee whose interests are affected by the decision. (4) An employer whose interests are affected by the decision. s. 127 Item Provision under which reviewable decision is made Eligible person in relation to reviewable decision
Assent Date: 3.3.09 Commencement Date: S. 56 on 1.1.10: s. 2(2) : This information relates only to the provision/s amending the Occupational Health and Safety Act 2004 Fair Work (Commonwealth Powers) Act 2009, No. 24/2009 Assent Date: 17.6.09 Commencement Date: Ss 34, 35 on 1.7.09: Special Gazette (No. 227) 1.7.09 p. 1 : This information relates only to the provision/s amending the Occupational Health and Safety Act 2004 Occupational Health and Safety Amendment (Employee Protection) Act 2009, No. 34/2009 Assent Date: 30.6.09 Commencement Date: 1.7.09: s. 2(2) : All of Act in operation Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009 Assent Date: 24.11.09 Commencement Date: S. 97(Sch. item 90) on 1.1.10: Government Gazette 10.12.09 p. 3215 : This information relates only to the provision/s amending the Occupational Health and Safety Act 2004 Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009 Assent Date: 24.11.09 Commencement Date: S. 54(Sch. Pt 1 item 40) on 1.1.10: s. 2(2) : This information relates only to the provision/s amending the Occupational Health and Safety Act 2004 Offshore Petroleum and Greenhouse Gas Storage Act 2010, No. 10/2010 Assent Date: 23.3.10 Commencement Date: S. 800(Sch. 6 item 10) on 1.1.12: s. 2(2) : This information relates only to the provision/s amending the Occupational Health and Safety Act 2004 Statute Law Amendment (National Health Practitioner Regulation) Act 2010, No. 13/2010 Assent Date: 30.3.10 Commencement Date: S. 51(Sch. item 39) on 1.7.10: s. 2(2) : This information relates only to the provision/s amending the Occupational Health and Safety Act 2004 Endnotes