Federal Register of Legislation - Australian Government

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SLI 2006 No. 337 Regulations as made
These Regulations amend the Building and Construction Industry Improvement Regulations 2005 to allow for the Federal Safety Commissioner to disclose information on the OHS performance of contractors accredited under the scheme and prescribes the types of litigation about which industry participants are required to notify the Australian Building and Construction Commissioner.
Administered by: DEWR
Registered 15 Dec 2006
Tabling HistoryDate
Tabled HR06-Feb-2007
Tabled Senate06-Feb-2007
Date of repeal 19 Mar 2014
Repealed by Employment (Spent and Redundant Instruments) Repeal Regulation 2014

Building and Construction Industry Improvement Amendment Regulations 2006 (No. 1)1

Select Legislative Instrument 2006 No. 337

I, PHILIP MICHAEL JEFFERY, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Building and Construction Industry Improvement Act 2005.

Dated 13 December 2006

P. M. JEFFERY

Governor‑General

By His Excellency’s Command

KEVIN ANDREWS


1              Name of Regulations

                These Regulations are the Building and Construction Industry Improvement Amendment Regulations 2006 (No. 1).

2              Commencement

                These Regulations commence on the day after they are registered.

3              Amendment of Building and Construction Industry Improvement Regulations 2005

                Schedule 1 amends the Building and Construction Industry Improvement Regulations 2005.


Schedule 1        Amendments

(regulation 3)

  

[1]           Chapter 4

substitute

Chapter 4    Occupational Health and Safety

Part 1                 Federal Safety Commissioner

4.1           Additional functions of Federal Safety Commissioner

         (1)   For paragraph 30 (h) of the Act, this regulation sets out functions of the Federal Safety Commissioner.

         (2)   It is a function to record information about the occupational health and safety performance of an accredited person.

         (3)   It is a function to disclose the recorded information in accordance with these Regulations.

4.2           Delegation by Federal Safety Commissioner

                For paragraph 32 (1) (c) of the Act, an APS employee who is engaged for the purposes of the Office of the Federal Safety Commissioner is prescribed.

[2]           Before regulation 8.1

insert in Chapter 8

8.1A        Permitted recording or disclosure of protected information by designated official

         (1)   For paragraph 65 (3) (d) of the Act, a designated official may:

                (a)    make a record of protected information; and

               (b)    disclose the protected information;

in accordance with this regulation.

Examples of protected information

1   The adequacy of the performance of an accredited person.

2   Details of an occupational health and safety incident on the building site of an accredited person.

3   The reason for a sanction or penalty imposed by the Federal Safety Commissioner against an accredited person.

Note   The recording and disclosure of information in accordance with this regulation is in addition to the recording and disclosure that is permitted by the Act.

         (2)   Protected information may be recorded, and disclosed to an Agency or authority of the Commonwealth, for the purpose of assisting that agency or authority to assess the suitability of accredited persons when entering into Commonwealth building contracts.

         (3)   Protected information may be recorded for any other purpose if the accredited person to whom the information relates, has consented, in writing, to the recording of the information for that purpose.

         (4)   Protected information that has been recorded in accordance with subregulation (3) may be disclosed to a person for any other purpose, if the accredited person to whom the information relates, has consented, in writing, to the disclosure of the information.

8.1B        Permitted publication of protected information by Federal Safety Commissioner

         (1)   For paragraph 65 (3) (d) of the Act, and in addition to regulation 8.1A, the Federal Safety Commissioner may disclose protected information in accordance with this regulation, about:

                (a)    occupational health and safety policies; or

               (b)    occupational health and safety procedures; or

                (c)    safety work practices and performance;

relating to the building work of an accredited person.

         (2)   Protected information mentioned in subregulation (1) may be:

                (a)    disclosed to any person if the Federal Safety Commissioner considers that it is in the public interest to disclose it; or

               (b)    disclosed to a person appointed or employed by:

                          (i)    the Commonwealth, a State or Territory; or

                         (ii)    an authority of the Commonwealth, a State or Territory.

[3]           Subregulation 8.1 (1)

substitute

         (1)   A building industry participant must, as soon as practicable, notify the ABC Commissioner of an application made to a court under the Act or the Workplace Relations Act if:

                (a)    the application is made by, or otherwise involves, the building industry participant; and

               (b)    the proceedings in which the application is made relate to building work.

[4]           Subregulation 8.1 (3)

substitute

         (3)   A building industry participant must, as soon as practicable, notify the ABC Commissioner of the outcome of an application mentioned in subregulation (1).


Note

1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.frli.gov.au.