Australian Capital Territory Numbered Acts

OCCUPATIONAL HEALTH AND SAFETY ACT (NO 18 OF 1989)

TABLE OF PROVISIONS

           Long Title

   PART I--PRELIMINARY SHORT TITLE

   1.      This Act may be cited as the Occupational Health and Safety Act 1989.  
   2.      (1) Section 1 and this section commence on the day on which this Act is notified in the Gazette.  
   3.      The objects of this Act are—  

   PART II--OCCUPATIONAL HEALTH AND SAFETY COUNCIL

   9.      There is established by this section a council by the name of the Occupational Health and Safety Council.  
   11.     The Council has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.  
   15.     A person shall not be appointed as a member of the Council—  
   16.     The Minister shall appoint—  
   20.     A member of the Council may resign his or her office by writing signed by the member and delivered to the Minister.  

   PART III--DUTIES RELATING TO OCCUPATIONAL HEALTH AND SAFETY

   28.     An employer shall take all reasonably practicable steps to ensure that persons at or near a workplace under the employer's control, who are not the employer's employees, are not exposed to risk to their health or safety arising from the conduct of the employer's undertaking.  
   29.     A person who has, to any extent, control of—  
   31.     A self-employed person shall take all reasonably practicable steps to ensure that the health and safety of other persons (not being his or her employees) are not adversely affected by work undertaken by or for the self-employed person.  
   34.     A person who erects or installs any plant in a workplace for the use of employees at work shall take all reasonably practicable steps to ensure that the plant is not erected or installed in such a manner that it is unsafe for employees who use the plant or constitutes a risk to their health.  

   PART IV--WORKPLACE ARRANGEMENTS

   36.     This Division applies only in relation to an employer who employs more than 20 employees.  
   43.     For the purpose of promoting or ensuring the health and safety of employees in a designated work group at any workplace at which work is performed for the relevant employer by some or all of those employees, the health and safety representative for the group may—  
   44.     A health and safety representative is not entitled to obtain access to—  
   49.     An action or other proceeding, civil or criminal, does not lie against a health and safety representative for or in relation to any act done, or omission made, in good faith in connection with his or her powers under this Act or the regulations.  
   53.     The responsible person to whom a provisional improvement notice is given shall, subject to section 54—  
   57.     Nothing in this Division shall be taken to affect an employer's right to require an employee to perform alternative work while work that is usually performed by the employee is the subject of a direction under paragraph 56 (1) (b).  
   60.     An action or other proceeding, civil or criminal, does not lie against a member of a health and safety committee for or in relation to an act done, or omission made, in good faith by the member in connection with the member's functions under this Act or the regulations.  

   PART V--INSPECTORS

   63.     An inspector who requests the occupier of premises to consent to the inspector entering the premises under section 62 shall inform the occupier that he or she may refuse to give that consent.  
   67.     A person shall not, without reasonable excuse—  
   68.     A person shall not, in purported compliance with a requirement made under section 62 by an inspector—  
   70.     The Minister may appoint a person to act as the Registrar—  
   72.     The Registrar shall issue to each inspector an identity card that specifies the name and appointment of the inspector and on which appears a recent photograph of the inspector.  
   73.     A person appointed to be an inspector shall not, without reasonable excuse, fail to return his or her identity card to the Registrar upon ceasing to be an inspector.  
   74.     An action or other proceeding, civil or criminal, does not lie against the Registrar or an inspector for or in relation to any act done, or omission made, in good faith in connection with his or her powers under this Act or the regulations.  
   75.     The Registrar may delegate to any person any of the Registrar's powers under this Act or the regulations, other than the Registrar's powers under section 83.  

   PART VI--IMPROVEMENT AND PROHIBITION NOTICES ETC.

   79.     A person to whom—  

   PART VII--REVIEW OF DECISIONS REVIEWING AUTHORITY

   80.     In this Part, “reviewing authority” means the body or person declared by the regulations to be the reviewing authority.  

   PART VIII--MISCELLANEOUS NOTICE OF ACCIDENTS ETC.

   90.     A person shall not, without reasonable excuse—  
   91.     An employer shall not levy on any of the employer's employees any charge in respect of anything done or provided, in accordance with this Act or the regulations, in order to ensure the health, safety or welfare of the employees at work.  
   92.     An employer shall not—  
   94.     A term of any agreement or contract that purports to exclude, limit or modify the operation of this Act or the regulations is void.  
   95.     Nothing in this Act or the regulations shall be taken—  
   96.     A provision of an associated law has no effect to the extent that it is inconsistent with this Act or the regulations, but such a provision shall be taken to be so consistent to the extent that it is capable of operating concurrently with this Act and the regulations.  
           SCHEDULE