Territory, that is responsible for administering a law corresponding to this Act, the Dangerous Goods Act 1985 or the Equipment (Public Safety) Act 1994; designated work group means a group of employees established under Division 1 or 2 of Part 7; disclose in relation to information includes divulge or communicate to any person or publish; eligible person in relation to a reviewable decision has the meaning given by section 127; employee means a person employed under a contract of employment or contract of training (see also subsection (2)); employer means a person who employs one or more other persons under contracts of employment or contracts of training; entry permit means an entry permit issued under Part 8; S. 5(1) def. of exit date inserted by No. 28/2005 s. 28, amended by No. 67/2013 s. 649(Sch. 9 item 25(1)(b)). exit date has the same meaning as it has in section 413 of the Workplace Injury Rehabilitation and Compensation Act 2013; health includes psychological health; health and safety committee, other than in section 72, means a health and safety committee whether or not required by this Act to be established;
(b) a person, or a representative of a person, injured in the incident or whose health or safety was exposed to immediate risk by the incident; or (c) a representative of a person whose death was caused by the incident; or (d) in the case only of an employer— (i) if any of the employees of the employer are members of a designated work group, a health and safety representative for the designated work group; or (ii) the members of each health and safety committee (if any) established by the employer. (5) An employer or self-employed person who contravenes subsection (1), (3) or (4) is guilty of an offence and liable to a fine not exceeding— S. 38(5)(a) substituted by No. 48/2017 s. 12(2). (a) in the case of a natural person, 240 penalty units; or S. 38(5)(b) substituted by No. 48/2017 s. 12(2). (b) in the case of a body corporate, 1200 penalty units. S. 38(6) inserted by No. 48/2017 s. 12(3). (6) An offence against subsection (5) is an indictable offence. Note However, the offence may be heard and determined summarily (see section 28 of the Criminal Procedure Act 2009). 39 Duty to preserve incident sites S. 39(1) amended by No. 48/2017 s. 13(1)(2). (1) An employer or self-employed person who is required to notify the Authority of an incident that has occurred at a workplace must not, without
78 Order for damages or reinstatement If an employer or prospective employer is convicted or found guilty of an offence against section 76, the court may (in addition to imposing a penalty) make either or both of the following orders— (a) an order that the offender pay (within a specified period) such damages to the employee or prospective employee against whom the offender discriminated as the court considers appropriate to compensate him or her; (b) an order that— (i) the employee be reinstated or reemployed in his or her former position or, if that position is not available, in a similar position; or (ii) the prospective employee be employed in the position for which he or she had applied or a similar position. Pt 7 Div. 9 Subdiv. 2 (Heading and ss 78A–78E) inserted by No. 34/2009 s. 6. Subdivision 2—Civil actions for discriminatory conduct S. 78A inserted by No. 34/2009 s. 6. 78A Prohibition of discriminatory conduct (1) An employer or prospective employer must not engage in discriminatory conduct for a prohibited reason.
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. Division 1—Definitions 79 Definitions relating to registered employee organisations In this Part— S. 79 def. of committee of management amended by No. 24/2009 s. 34(1)(a). committee of management has the same meaning as in the Fair Work (Registered Organisations) Act 2009 of the Commonwealth; S. 79 def. of Fair Work Act inserted by No. 24/2009 s. 34(2). Commonwealth Fair Work Act means the Fair Work Act 2009 of the Commonwealth S. 79 def. of Fair Work Transition Act inserted by No. 24/2009 s. 34(2). Fair Work Transition Act means the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 of the Commonwealth;
relates to or affects any of those persons, and that agreement applies to the registered employee organisation; S. 87(1)(c) substituted by No. 24/2009 s. 35(1). (c) the suspected contravention relates to or affects work that is being carried out by one or more persons— (i) who are eligible to be members of the registered employee organisation; and (ii) whose employment is not subject to a collective agreement, a certified agreement or an enterprise agreement which applies to any registered employee organisation— or relates to or affects any of those persons. Note Place is defined in section 5 as including a car, truck, ship, boat, airplane and any other vehicle. (2) The authorised representative may enter the place, during working hours, for the purpose only of enquiring into the suspected contravention. (3) Nothing in this section requires an authorised representative of a registered employee organisation to disclose to another person the names of persons who are members of that organisation. S. 87(4) substituted by No. 24/2009 s. 35(3). (4) In this section— certified agreement means a pre-reform certified agreement that continues in existence as a transitional instrument under the Fair Work Transition Act; collective agreement means a workplace agreement that is a collective agreement that continues in existence as a transitional instrument under the Fair Work Transition Act;
(c) if the Authority is required by the Victorian Civil and Administrative Tribunal Act 1998 to give the applicant a statement of reasons, within 14 days after the day on which the applicant is given the statement— whichever period ends last. Division 1—General matters 130 Proceedings may be brought by the Authority or inspectors S. 130(1) amended by No. 48/2017 s. 20. (1) Proceedings for an offence against this Act or the regulations may be brought only by— (a) the Authority; or (b) an inspector with the written authorisation of the Authority (either generally or in a particular case). S. 130(2) amended by No. 68/2009 s. 97(Sch. item 90.25). (2) An authorisation under subsection (1)(b) is sufficient authority to continue proceedings in any case where the court amends the charge-sheet, warrant or summons. (3) An inspector who brings proceedings may conduct the proceedings before the court. S. 130(4) amended by No. 48/2017 s. 20. (4) The Authority must issue, and publish in the Government Gazette, general guidelines for or with respect to the prosecution of offences under this Act or the regulations. S. 130(5) amended by No. 48/2017 s. 20. (5) Nothing in this section affects the ability of the Director of Public Prosecutions to bring proceedings for an indictable offence against this Act or the regulations.
S. 138(ab) inserted by No. 65/2011 s. 107(Sch. item 10.4). (ab) a reference to section 72 or 75 were a reference to section 137; and (b) a reference to a prescribed person, a member of a prescribed class of persons, the informant or a police prosecutor were instead a reference to the Authority; and S. 138(c) amended by No. 65/2011 s. 107(Sch. item 10.5). (c) the reference in section 83AC of the Sentencing Act 1991 to a level 10 fine were instead a reference to a fine not exceeding 10 penalty units for a natural person or 50 penalty units for a body corporate; and (d) any other necessary modifications were made. Division 3—Infringement notices 139 Infringement notices (1) The regulations may provide that a person may be served with an infringement notice as an alternative to a prosecution for an offence (other than an indictable offence) against this Act or the regulations that is prescribed by the regulations for the purposes of this section. S. 139(1A) inserted by No. 32/2006 s. 94(Sch. item 36(1)). (1A) An offence referred to in subsection (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006. (2) An infringement notice must specify a penalty for the alleged offence that does not exceed the lesser of— (a) 10 penalty units; or (b) one fifth of the maximum penalty that could be imposed by a court for the offence.
(2) In the performance of a delegated function or exercise of a delegated power the delegate is subject to the Minister's directions. S. 157 (Heading) amended by No. 10/2010 s. 800(Sch. 6 item 10.1). 157 Responsibility for activities carried out under the Offshore Petroleum and Greenhouse Gas Storage Act S. 157(1) amended by No. 10/2010 s. 800(Sch. 6 item 10.2). (1) In this section, relevant Minister means the Minister for the time being administering the Offshore Petroleum and Greenhouse Gas Storage Act 2010. (2) Despite anything to the contrary in this Act but subject to subsection (4), the relevant Minister— S. 157(2)(a) amended by No. 10/2010 s. 800(Sch. 6 item 10.3). (a) has direct and primary concern and responsibility for the administration of this Act with respect to activities carried out under the Offshore Petroleum and Greenhouse Gas Storage Act 2006 of the Commonwealth or the Offshore Petroleum and Greenhouse Gas Storage Act 2010; and (b) may exercise for that purpose all the powers and functions of the Minister or Authority under this Act or the regulations. (3) For the purposes only of subsection (2), this section applies as if a reference in this Act or the regulations— (a) to the Minister were a reference to the relevant Minister; and (b) to the Authority were a reference to the Secretary to the Department of Primary Industries; and (c) to an officer or employee of the Authority were a reference to a person employed under Part 3 of the Public Administration Act
Item Title Statutory rule number 1. Occupational Health and Safety (Certification of Plant Users and Operators) Regulations 1994 108/1994 2. Occupational Health and Safety (Confined Spaces) Regulations 1996 148/1996 3. Occupational Health and Safety (Hazardous Substances) Regulations 1999 143/1999 4. Occupational Health and Safety (Issue Resolution) Regulations 1999 94/1999 5. Occupational Health and Safety (Lead) Regulations 2000 62/2000 6. Occupational Health and Safety (Manual Handling) Regulations 1999 84/1999 7. Occupational Health and Safety (Mines) Regulations 2002 104/2002 8. Occupational Health and Safety (Noise) Regulations 2004 10/2004 9. Occupational Health and Safety (Plant) Regulations 1995 81/1995 10. Occupational Health and Safety (Prevention of Falls) Regulations 2003 121/2003 (2) Section 5 of the Subordinate Legislation Act 1994 does not apply to the Occupational Health and Safety (Plant) Regulations 1995. Note This subsection commences on the day after the day on which this Act receives the Royal Assent (see section 3). These Regulations would otherwise have been revoked by section 5 of the Subordinate Legislation Act 1994 on 27 June 2005. 173 Occupational Health and Safety (Asbestos) Regulations 2003 (1) Parts 1 and 2, Divisions 1 and 2 of Part 3 and Parts 4 to 8 of the Occupational Health and Safety (Asbestos) Regulations 2003 made under the old Act, and Schedules 1 to 4 to those Regulations, as
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 Sentencing Amendment (Community Correction Reform) Act 2011, No. 65/2011 Assent Date: 22.11.11 Commencement Date: S. 107(Sch. item 10) on 16.1.12: Special Gazette (No. 423) 21.12.11 p. 3 : This information relates only to the provision/s amending the Occupational Health and Safety Act 2004 Sentencing Amendment (Abolition of Suspended Sentences and Other Matters) Act 2013, No. 32/2013 Assent Date: 4.6.13 Commencement Date: S. 44 on 5.6.13: s. 2(1) : This information relates only to the provision/s amending the Occupational Health and Safety Act 2004 Workplace Injury Rehabilitation and Compensation Act 2013, No. 67/2013