Overview

Health and safety legislation within Australia comprises of ten occupational health and safety statutes which is made up of six State Acts, two Territory Acts, a Commonwealth Act covering commonwealth employees, and a Commonwealth Act covering the maritime industry.

National Legislation

• Australian Safety and Compensation Council (ASCC)

Commonwealth Legislation

• Comcare Legislation;

• Seafarers - Occupational Health and Safety (Maritime Industry) Act 1993 [OHS(MI) Act)]

Duty of Care

Each of the australian occupational health and safety statutes imposes wide-ranging duties of care upon persons to ensure health and safety at a workplace whilst regulations and codes of practice address specific provisions adopting a prescriptive method by which to ensure compliance.

Duty holders have a duty to provide and maintain, as far as is reasonably practicable, an environment at a workplace and/or an area adjacent to a workplace that is safe and without risk to the health of persons.

Regulation

A specific provision within an occupational health and safety regulation has the effect of the law and in some instances may result in criminal proceedings.

Code of Practice

A code of practice contains guidance material as to the suggested method or procedure by which to undertake or perform a task, process or activity, and is admissible within legal proceedings for a contravention or breach of a regulation or a general provision of a duty of care that is imposed upon a duty holder.

State Legislation

Health and safety legislation imposes a general duty of care upon principal contractors, employers, self-employed persons, persons in control of a workplace, building designers, manufacturers, suppliers, and designers of plant and substances, employees, visitors and other persons.

• Australian Capital Territory;

• New South Wales;

• Northern Territory;

• Queensland;

• South Australia;

• Tasmania;

• Victoria;

• Western Australia.

Appointment of Inspectors

Each of the Australian health and safety statutes has a provision relating to the powers of inspection and enforcement to obtain compliance by a person appointed as an Inspector under the specific statute legislation.

Inspectors are empowered by statute legislation to undertake inspections of a workplace for the purpose of assessing compliance with the legislation, and to also investigate accidents and incidents that occurred at a workplace, to determine the causative or contributing factors.

Enforcing Compliance

Where an inspector is of the opinion that a contravention has occurred or is likely to occur and the inspector is of the opinion that the contravention or likely contravention shall continue, the inspector may issue an improvement or prohibition notice, for minor infringements the inspector may issue an infringement notice.

Inspectors are also empowered to instigate prosecution proceedings against an obligation holder where that holder has contravened or breached, with such proceedings heard before a Magistrate within the Magistrates Court.