Occupational Health and Safety Act 2000 No 40

New South Wales
Occupational Health and Safety Act
2000 No 40
Contents
Page
Part 1
Preliminary
1 Name of Act
2
2 Commencement
2
3 Objects
2
4 Definitions
3
5 Application of Act
5
6 When employees and self-employed persons at work
5
7 Risks arising from activities at work
5
Part 2
Duties relating to health, safety and welfare at work
Division 1
General duties
8 Duties of employers
6
9 Duties of self-employed persons
7
10 Duties of controllers of work premises, plant or substances
7
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Occupational Health and Safety Act 2000 No 40
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11 Duties of designers, manufacturers and suppliers of plant
and substances for use at work
8
12 Penalty for offence against this Division
8
Division 2
Duty to consult
13 Duty of employer to consult
9
14 Nature of consultation
9
15 When consultation is required
10
16 How consultation to be undertaken
10
17 Establishment of OHS committees, election of OHS
representatives or other agreed arrangements
11
18 Functions of OHS committees and OHS representatives
11
19 Regulations with respect to consultation
12
Division 3
Related duties
20 Duties of employees
12
21 Person not to interfere with or misuse things provided for
health, safety and welfare
13
22 Employer not to charge employees for things done or
provided pursuant to statutory requirement
13
23 Unlawful dismissal or other victimisation of employee
13
24 Person not to hinder aid to injured worker etc
14
25 Person not to disrupt workplace by creating health or
safety fears
15
Division 4
Ancillary provisions
26 Offences by corporations—liability of directors and
managers
15
27 Aiding and abetting etc
16
28 Defence
16
29 Relationship between duties under this Part and
regulations
16
30 Alternative verdicts
17
31 Multiple contraventions of general duties under Division 1
17
32 Civil liability not affected by this Part
17
Part 3
Regulations
33 Regulations: general power
18
34 Regulations: specific miscellaneous powers
18
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Occupational Health and Safety Act 2000 No 40
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35 Regulations: specific powers with respect to licences,
certificates of competency, registration and other
authorities
19
36 Regulations may prescribe decisions that are to be
reviewable by Administrative Decisions Tribunal
20
37 Regulations: adapting duties under Part 2
20
38 Regulations may adopt other publications
20
39 Regulations may create criminal offences
20
Part 4
Industry codes of practice
40 Purpose of industry codes of practice
21
41 WorkCover may prepare draft codes
21
42 Consultation on draft codes
21
43 Approval of codes by Minister
21
44 Publication, commencement and availability of codes
21
45 Amendment or revocation of codes
22
46 Use of codes
22
Part 5
Investigations
Division 1
Appointment of inspectors
47 Appointment of inspectors
23
48 Identification
23
Division 2
Powers of inspectors
49 Division does not apply to mines
23
50 Powers of entry for places of work
24
51 Notice of entry
24
52 Production of authority to enter premises
24
53 Time for entry into premises
24
54 Use of force on entry
25
55 Notification of use of force on entry
25
56 Compensation
25
57 Entry to premises used for residential purposes
25
58 Search warrant
26
59 General powers available on entry
26
60 Powers available on entry to dismantle, take and keep
things
27
61 Care to be taken
27
62 Power of inspectors to obtain information, documents and
evidence
27
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Occupational Health and Safety Act 2000 No 40
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63 Power of inspector to demand name and address
28
64 Attendance of inspector at coronial inquest
29
65 Protection from incrimination
29
66 Offence: compliance
30
67 Offence of impersonating an inspector
30
68 Inspector may request assistance
31
69 Power of employees’ representative to accompany
inspector
31
70 Notice of taking or dismantling plant, substances or other
things
31
71 Powers supporting taking of things
32
72 Receipt for things taken
33
73 Forfeiture of things taken
33
74 Return of things taken
34
75 Access to things taken
34
Division 3
Entry and inspection powers of authorised
employees’ representatives
76 Definition
35
77 Powers of entry of places of work
35
78 Notice of entry
35
79 Authority to enter premises
36
80 Entry to premises used for residential purposes
36
81 Powers available on entry
36
82 Care to be taken
36
83 Authorised representative may request assistance from
inspector
37
84 Offence of failing to comply with requirement of authorised
representative
37
85 Offence of impersonating an authorised representative
37
Division 4
Accidents and other occurrences at places of
work
86 Notification of accidents and other matters
37
87 Non-disturbance of plant involved in fatal accidents or
other occurrences (and of surrounding area)
38
88 Minister may require and publish special reports into
accidents and other dangerous occurrences
40
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Occupational Health and Safety Act 2000 No 40
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Part 6
Investigation, improvement and prohibition notices
Division 1
Investigation notices
89 Investigation notice to stop plant or prevent disturbance of
premises to allow investigation
41
90 Offence: failure to comply with investigation notice
41
Division 2
Improvement notices
91 Issue of improvement notices
42
92 Offence: failure to comply with improvement notice
42
Division 3
Prohibition notices
93 Issue of prohibition notices
43
94 Offence: failure to comply with prohibition notice
44
Division 4
General provisions relating to notices
95 Notices may include directions
44
96 Review of notices by WorkCover
45
97 Appeal to Industrial Magistrate following review
45
98 Application to Industrial Magistrate for stay of investigation
or prohibition notice
46
99 Withdrawal of notices
46
100 Revocation or withdrawal of notice does not prevent issue
of another notice
46
101 Service of notices
46
102 Exhibition of notices
47
103 Proceedings for offences not affected by notices
47
104 Part does not apply to mines
47
Part 7
Criminal and other proceedings
Division 1
Proceedings for offences generally
105 Summary procedure for offences
48
106 Authority to prosecute
48
107 Time for instituting proceedings for offences
49
108 Penalty notices for certain offences
49
109 Evidentiary statements
50
110 Onus of proof concerning reasonable excuse
51
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Occupational Health and Safety Act 2000 No 40
Contents
Page
Division 2
Court orders in connection with offences
111 Operation of Division
51
112 Orders generally
52
113 Orders for restoration
52
114 Orders regarding costs and expenses of investigation
52
115 Orders to publicise or notify offence
53
116 Orders to undertake OHS projects
53
117 Offence: failure to comply with order
54
Division 3
Proceedings against the Crown and
government agencies
118 Act to bind Crown
54
119 Criminal proceedings against the Crown and agents of the
Crown
54
120 Responsible agency for the purposes of proceedings
against the Crown
55
121 Penalties in respect of proceedings against the Crown
55
122 Investigation, improvement or prohibition notices in
connection with the Crown
56
123 Proceedings against successors of government
corporations
56
Division 4
Sentencing guidelines
124 Definitions
57
125 Guideline judgments on application of Attorney General
58
126 Peak councils may intervene
58
127 Full Bench may give persons or organisations leave to
appear
58
128 Alteration of guideline judgments
59
129 Discretion of Full Bench preserved
59
130 Rules of Industrial Relations Commission
59
131 Use of evidence in giving guideline judgments
59
Part 8
Miscellaneous
132 Application of associated occupational health and safety
legislation
60
133 Application of Act to mines: references to WorkCover
60
134 Application of Act to police officers
60
135 Plant affecting public safety—extension of Act
61
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Occupational Health and Safety Act 2000 No 40
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136 Offence of obstructing or intimidating inspectors and
others exercising functions under Act
61
137 Disclosure of information by inspectors and others
62
138 Notes
63
139 Repeals
63
140 Amendment of other Acts
63
141 Savings, transitional and other provisions
63
142 Review of Act
63
Schedules
1 Repeals
64
2 Amendment of other Acts
65
3 Savings, transitional and other provisions
74
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New South Wales
Occupational Health and Safety Act
2000 No 40
Act No 40, 2000
An Act to secure the health, safety and welfare of persons at work; to repeal the
Occupational Health and Safety Act 1983; and for other purposes. [Assented to 26
June 2000]

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Section 1
Occupational Health and Safety Act 2000 No 40
Part 1
Preliminary
The Legislature of New South Wales enacts:
Part 1 Preliminary
1
Name of Act
This Act is the Occupational Health and Safety Act 2000.
2
Commencement
This Act commences on a day or days to be appointed by
proclamation.
3
Objects
The objects of this Act are as follows:
(a)
to secure and promote the health, safety and welfare of people
at work,
(b)
to protect people at a place of work against risks to health or
safety arising out of the activities of persons at work,
(c)
to promote a safe and healthy work environment for people at
work that protects them from injury and illness and that is
adapted to their physiological and psychological needs,
(d)
to provide for consultation and co-operation between employers
and employees in achieving the objects of this Act,
(e)
to ensure that risks to health and safety at a place of work are
identified, assessed and eliminated or controlled,
(f)
to develop and promote community awareness of occupational
health and safety issues,
(g)
to provide a legislative framework that allows for progressively
higher standards of occupational health and safety to take
account of changes in technology and work practices,
(h)
to protect people (whether or not at a place of work) against
risks to health and safety arising from the use of plant that
affects public safety.
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Occupational Health and Safety Act 2000 No 40
Section 4
Preliminary
Part 1
4
Definitions
In this Act:
associated occupational health and safety legislation means the
following Acts and the regulations and rules made under them:
(a)
Coal Mines Regulation Act 1982,
(b)
Dangerous Goods Act 1975,
(c)
Mines Inspection Act 1901,
(d)
Rural Workers Accommodation Act 1969.
Note. See section 132 for provisions with respect to the application of the above
associated legislation.
employee means an individual who works under a contract of
employment or apprenticeship.
employer means a person who employs persons under contracts of
employment or apprenticeship.
exercise a function includes perform a duty.
function includes a power, authority or duty.
improvement notice means an improvement notice issued under
Part 6.
industrial organisation of employees means an industrial organisation
of employees registered, or taken to be registered, under Chapter 5 of
the Industrial Relations Act 1996.
industry code of practice—see Part 4.
inspector means an inspector appointed under Division 1 of Part 5.
investigation notice means an investigation notice issued under Part 6.
mine means a mine within the meaning of the Mines Inspection Act
1901 or the Coal Mines Regulation Act 1982.
occupational health and safety legislation includes:
(a)
the provisions of this Act and the regulations, and
(b)
the associated occupational health and safety legislation.
occupier of premises includes:
(a)
a person who, for the time being, has (or appears to have) the
charge, management or control of the premises, or
(b)
a person who, for the time being, is in charge (or appears to be
in charge) of any operation being conducted on the premises.
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