Work health and safety act 2011 as at 25 march 2020. Summary of the model work health and safety act safe. The intention is that the commonwealth and each state and territory government will enact a workplace health and safety bill to commence on 1 january 2012. The regulation are extensive so we have identified what are the key points, which we will focus on today. The work health and safety act 2011 came into effect on 1 january 2012 and the work health and safety regulation 2017 commenced on 1 september 2017 the whs legislation applies to all workplaces in nsw, including mines. The notes at the end of this compilation the endnotes include information about amending laws and the amendment history of provisions of the compiled law. The work health and safety act 2011 replaced the occupational health and safety act 2000. Did the whs act replace the coal mine health and safety act 2002 cmhs and the mine health and safety act 2004 mhs. New south wales work health and safety act 2011 no 10 historical version for 7. Under the act the health secretarys functions include.
Bnsw public health officer training program, nsw department of health ccorresponding author. Finally, the new work health and safety whs laws for the nsw mining industry the work health and safety mines act 20 nsw and work health and safety mines regulation 2014 nsw new mining laws will commence on 1 february 2015. What health and safety legislation applies to mines. Fact sheet this fact sheet outlines the meaning of persons conducting a business or undertaking pcbu, worker and officer under work health and safety laws. On 11 december 2009, the workplace relations ministers council endorsed the model work health and safety whs bill. The crucial change in the work health and safety act 2011 is the amendment of the definition for which bodies or individuals are now responsible for the application. The new south wales nsw government is committed to making nsw the easiest state to start a business. While at work, a worker must a take reasonable care for his or her own health and safety, and b take reasonable care that his or her acts or omissions do not adversely affect the health and safety of other persons, and. An act to amend the work health and safety mines act 20 to extend that act to work health and safety at petroleum sites. New south wales consolidated acts search this act work health and safety act 2011 sect 28 duties of workers 28 duties of workers. Could the objectives of the act be achieved in ways that do not cost business as much time, resources or financial expenditure. Work health and safety act 2011 commenced 1 january 2012. Work health and safety act 2011 no 10 contents page 6 meaning of supply 7 7 meaning of worker 8 8 meaning of workplace 9 9 examples and notes 9 division 4 application of act 10 act binds the crown 9 11 extraterritorial application 9 12 scope 9 12a offences are offences of strict liability 9 part 2 health and safety duties. Work health and safety regulation 2017 made under the work health and safety act 2011 as at 25 march 2020 reg 404 of 2017 table of provisions chapter 1 preliminary part 1.
The regulation goes into more specific detail on what you must do to meet the requirements of the act. The work health and safety regulation 2011 replaced the occupational health and safety regulation 2001. New south wales consolidated regulations index table search search this regulation notes noteup download help made under the work health and safety act 2011 as at 25 march 2020 reg 404 of 2017 table of provisions chapter 1 preliminary part 1. Table of provisions long title part 1 preliminary division 1. To apply for an exemption from compliance with a requirement of the work health and safety regulation 2017 and the work health and safety mines and petroleum sites regulation 2014 at a mine or petroleum site you will need to complete and submit an exemption application form under the whs regulation. The work health and safety whs act and the work health and safety whs regulations came into effect on 1 january 2012. Exemption under whs legislation nsw resources and geoscience. Work health and safety act 2011 sect 28 duties of workers.
Nsw legislation, australia pdf of act as at 122016 pdf of act as at 12. This document articulates the act government policy in relation to the effective management of risks in act public service actps workplaces. Work health and safety act 2011 nsw a refresher a paper. Work health and safety act 2011 no 10 nsw legislation. Work health and safety act 2011 whs principal act applying to all workplaces 2. The principal whs law in new south wales consists of the work health and safety act 2011, supported by the work health and safety regulation 2011. Worksafe wa, workplace health and safety qld, nt worksafe, safework nsw, comcare and worksafe.
The legislative reforms also include harmonised regulation whs regulation and codes of practice. The health services act 1997 the act provides a legislative framework for the public health system, including setting out purposes andor functions in relation to districts ss. Under the work health and safety whs laws, effective from 1 january 2012, the term employers was replaced by persons conducting a business or. Sep 04, 2017 a recent change to the nsw work health and safety regulation has taken place with some differences to the previous regulation of 2011. Work health and safety act 2011 no 10 nsw contents page current version for 1. Phaa and the international health special interest group will 1. How it may affect you and what you can do to update your safety system with the new requirements of the new. Courts may regard a code of practice as evidence of what is known about a hazard, risk or control, and rely on it to determine what is reasonably practicable in the circumstances.
A recent change to the nsw work health and safety regulation has taken place with some differences to the previous regulation of 2011. There are three acts and their supporting regulations which apply to mines. Work health and safety regulation 2011 nsw legislation. The unnecessary costs to business are created more by the detail of regulations than the act itself.
The act carries over many of the provisions in the public health act 1991 while also including a range of new provisions. Contents work health and safety act 2011 page 2 subdivision 2 what is reasonably practicable 18 what is reasonably practicable in ensuring health and safety. This is the model work health and safety bill prepared by the parliamentary counsels committee. May 01, 2010 on 11 december 2009, the workplace relations ministers council endorsed the model work health and safety whs bill. Application this policy applies to all directorates and any person considered to be a worker for the act government under the work health and safety act 2011 whs act. Risk based drinking water management local government. Object division 3interpretation subdivision 1definitions 4. An act relating to work health and safety, and for related purposes assented to 29 november 2011 the parliament of australia enacts. Work health and safety mines act 20 nsw legislation. Local government act s124order 20 council may order the operator to render a vehicle in a clean an sanitary condition local general regulation part 3, clause 93 vehicle requirements water carters required to notify nsw food authority of their business the water source should be chlorinated and an adequate chlorine. Policyataglance refugee and asylum seeker health policy. Revised to include requirements of the whs act 2011, whs regulations 2011 and codes of practice applicable in nsw. Legislation on the nsw legislation website is usually updated.
On january 2012 in new south wales, the new work heath and safety act 2011 replaced the existing occupational health and safety ohs laws in nsw. New nsw whs mining legislation changes effective as of 01022015. The public health regulation 2012 was approved in july 2012 and commenced, along with the public health act 2010, on 1 september2012. He is the author of sherriffs work health and safety law guide 2011. New south wales work health and safety regulation 2011 under the work health and safety act 2011 this version of the legislation is compiled and maintained in a database of legislation by the parliamentary counsels office and published on the nsw legislation website. Nsw vic qld sa wa tas act nt jurisdiction number of indigenous females source. This summary of indigenous womens health draws largely on previously published information, some of which has been re. To progress nationally consistent laws, safe work australia, an australian government tripartite agency focused on improving work health and safety arrangements across australia, developed a model work health and safety act that could be adopted by each state, territory and the commonwealth. Campaign for equitable health services for refugees and all asylum seekers. The work health and safety whs act and the work health and. This guide provides an overview of the work health and safety act whs act. Jul 25, 2016 this is a compilation of the work health and safety act 2011 that shows the text of the law as amended and in force on 1 july 2016 the compilation date.
State health publication ph 080328 nsw public health. Work health and safety act 2011 including any amendment made under the. P a g e 1 work health and safety act 2011 nsw a refresher a paper given at a seminar held at hunter street chambers, 22nd may 2015 the purpose of this paper is to highlight some of the critical elements found in the work health and safety act 2011 nsw the act, to identify some fundamental changes between the provisions of the act and the legislation it replaced, being. Act does not apply to certain vessels, structures and facilities 12b. The work health and safety act 2011 came into effect on 1 january 2012 and the work health and safety regulation 2017 commenced on 1 september 2017. In addition to the whs laws, there are also model codes of practice which provide support and guidance on different issues in work health and safety. Work health and safety act 2011 federal register of. Faqs on the introduction of the work health and safety act 2011.
The legislation can be found on the nsw legislation website. Work health and safety act 2011 sect 28 duties of workers 28 duties of workers. Jan 12, 2015 new nsw whs mining legislation changes effective as of 01022015. Work health and safety amendment regulation 2014 no 2 page 1 authorised by the act parliamentary counselalso accessible at. Work health and safety act 2011 no 10 nsw contents page historical version valid from 1. Wanttoreadmore get unlimited access to all of our content. Faqs on the introduction of the work health and safety act. Meaning of person conducting a business or undertaking 6. Work health and safety act 2011 table of provisions long title part 1preliminary division 1introduction 1. While at work, a worker must a take reasonable care for his or her own health and safety, and b take reasonable care that his or her acts or omissions do not adversely affect the health and safety of other. Under the work health and safety act 2011 whs act, codes of practice are admissible in court proceedings. In so doing it is in conflict with the home building act 1989 or more specifically 2014 and the electricity consumer safety act 2004.
If youd like to view any nsw government acts, regulations, planning instruments or other statutory instruments, you can do this online at the nsw legislation website. Other nsw environmental legislation many other acts that are administered by other government departments such as the department of planning, department of water and energy, department of lands, and the nsw rural fire. Work health and safety act 2011 queensland legislation. Aug 30, 2017 other nsw environmental legislation many other acts that are administered by other government departments such as the department of planning, department of water and energy, department of lands, and the nsw rural fire service, also relate to aspects of the environment. Participate in partnerships and coalitions to promote the refugee rights. Abs, 20 11 based on the 2011 census, over one third of indigenous people lived in a capital city 12. The objectives of the regulation are to support the smooth. This will be achieved by creating a businessfriendly environment for nsw entrepreneurs, by reducing.
The whs legislation applies to all workplaces in nsw, including mines. Work health and safety regulation 2011, made under the. Oct 23, 2015 whs amendment disclosure of information regulation 2015 a regulation made under the work health and safety act 2011 nsw today 23 october permits information obtained by a person exercising a power or function under that act to be accessed when it is necessary for certain workers compensation purposes. Nsw legislation introduction if youd like to view any nsw government acts, regulations, planning instruments or other statutory instruments, you can do this online at the nsw legislation website. Nsw legislation 362 articles the principal whs law in new south wales consists of the work health and safety act 2011, supported by the work health and safety regulation 2011. Division 4 application of act 10 9 act binds the crown 10 10 extraterritorial application 10 11 scope 11 part 2 health and safety duties 12 division 1 introductory 12. This is the model work health and safety bill prepared by the parliamentary counsels committee and approved by the workplace relations minsters council on 11 december 2009. Work health and safety act 2011 as at 25 march 2020 act 10 of 2011.
The model work health and safety act can be viewed on the safe work australia website pdf. Work health and safety regulation 2011 act legislation register. This act is the work health and safety mines act 20. Nsw whs mining legislation stagstag safety first for. Today we will provide you with an overview and insights into the key aspects of the whs regulation. The new regulation is essentially the same as the 2011 regulation, except for minor changes, including formatting and corrections to typos.
Overview of the whs act and regulations australian business. Whs amendment disclosure of information regulation 2015 a regulation made under the work health and safety act 2011 nsw today 23 october permits information obtained by a person exercising a power or function under that act to be accessed when it is necessary for certain workers compensation purposes. State health publication ph 080328 nsw public health bulletin. Act not to prejudice certain police operations 12f. Historical version for 7 june 2011 to 27 november 2011 generated 6 december 2011 at.
This is a compilation of the work health and safety act 2011 that shows the text of the law as amended and in force on 1 july 2016 the compilation date. The 4th edition of the guidelines has been revised to ensure the following requirements of the whs act 2011 and whs regulations 2011 and codes of practice applicable in nsw are included. Work health and safety amendmen t miscellaneous regulation 2015 under the work health and safety act 2011 page 2 work health and safety amendment miscellaneous regulation 2015 nsw published lw february 2015 2015 no 61 1 name of regulation this regulation is the work health and safety amendment miscellaneous regulation 2015. Exemption under whs legislation to apply for an exemption from compliance with a requirement of the work health and safety regulation 2017 and the work health and safety mines and petroleum sites regulation 2014 at a mine or petroleum site you will need to complete and submit an exemption application form under the whs regulation. In nsw this legislation is the nsw work health and safety act 2011 whs act. These have commenced in the harmonised jurisdictions nsw, qld, act. The act addresses a range of public health matters, such as notification of diseases and conditions and the regulation of areas that have the potential to affect public health, such as drinking. New south wales legislation ohs legislation workplaceohs. Summary of the model work health and safety act safe work. Safework nsw is currently working to update references to the regulation across its multiple sources of information and regulatory materials, as well as links to the regulation. Removed reference to requirement for agency accreditation of work health and management systems. Code of practice page 4 of 72 foreword this code of practice on how to manage the risks associated with hazardous manual tasks and control the risks of workers being affected by musculoskeletal disorders is an approved code of practice under section 274 of the work health and safety act the whs act. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 2 january 2020.
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