Western Australian Consolidated Acts

OCCUPATIONAL SAFETY AND HEALTH ACT 1984 - SECT 4A

4A .         Act does not operate to affect adversely certain police operations

        (1)         In this section —

        covert operation means the performance of a function of a police officer in circumstances where —

            (a)         a covert operation is undertaken by WA Police for the purpose of obtaining information about criminal activity; and

            (b)         performance of the function is not practicable without exposing a police officer to a risk of imminent and serious injury or imminent and serious harm to the police officer’s health; and

            (c)         unless the performance of the function is secret or confidential, it would be likely that —

                  (i)         the effectiveness of the performance of the function is reduced; or

                  (ii)         a person is exposed to the danger of physical harm arising from the actions of another person;

        dangerous operation means the performance of a function of a police officer in circumstances where performance of that function —

            (a)         is reasonably necessary; and

            (b)         is not practicable without exposing a police officer to a risk of imminent and serious injury or imminent and serious harm to the police officer’s health.

        (2)         A police officer cannot refuse to work as mentioned in section 26(1) if the refusal to work would adversely affect, or could reasonably be expected to affect adversely, a covert operation or a dangerous operation.

        (3)         An inspector cannot issue a prohibition notice under section 49(1) to prohibit an activity if prohibiting the carrying on of the activity would adversely affect, or could reasonably be expected to affect adversely, a covert operation or a dangerous operation.

        [Section 4A inserted by No. 54 of 2002 s. 6.]