Federal Register of Legislation - Australian Government

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SLI 2012 No. 218 Regulations as made
This regulation amends the Work Health and Safety Regulations 2011 and the Fair Work Regulations 2009 to address issues identified during the implementation of the new WHS laws.
Administered by: Education, Employment and Workplace Relations
Made 13 Sep 2012
Registered 14 Sep 2012
Tabled HR 17 Sep 2012
Tabled Senate 17 Sep 2012
Date of repeal 19 Mar 2014
Repealed by Employment (Spent and Redundant Instruments) Repeal Regulation 2014
Table of contents.

Commonwealth Coat of Arms

Work Health and Safety Legislation Amendment Regulation 2012 (No. 1)1

Select Legislative Instrument 2012 No. 218

I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation under the Work Health and Safety Act 2011 and the Fair Work Act 2009.

Dated 13 September 2012

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

WILLIAM RICHARD SHORTEN


Contents

                        1      Name of regulation                                                          2

                        2      Commencement                                                              2

                        3      Amendment of Work Health and Safety Regulations 2011  2

                        4      Amendment of Fair Work Regulations 2009                       2

Schedule 1                  Amendment of Work Health and Safety Regulations 2011  3

Schedule 2                  Amendments of Fair Work Regulations 2009                  5

 

 


1              Name of regulation

                This regulation is the Work Health and Safety Legislation Amendment Regulation 2012 (No. 1).

2              Commencement

                This regulation commences on the day after it is registered.

3              Amendment of Work Health and Safety Regulations 2011

                Schedule 1 amends the Work Health and Safety Regulations 2011.

4              Amendment of Fair Work Regulations 2009

                Schedule 2 amends the Fair Work Regulations 2009.


Schedule 1        Amendment of Work Health and Safety Regulations 2011

(section 3)

 

[1]           Subregulation 21 (1)

substitute

         (1)   For subsection 72 (1) of the Act, the table sets out courses of training in work health and safety which a health and safety representative is entitled to attend.

Item

Representative

Courses

1

A representative who:

   (a)  is taken to hold the office of health and safety representative in accordance with item 9 of Schedule 2 to the Work Health and Safety (Transitional and Consequential Provisions) Act 2011; and

  (b)  before 1 January 2012, completed a course of training accredited by the Commission for section 27 of the OHS Act

   (a)  either:

         (i)   a bridging course; or

        (ii)   an initial course of training of 5 days; and

  (b)  one day’s refresher training each year, with the entitlement to the first refresher training commencing 1 year after the training mentioned in paragraph (a)

2

Any other representative

   (a)  an initial course of training of 5 days; and

  (b)  one day’s refresher training each year, with the entitlement to the first refresher training commencing 1 year after the initial training

      (1A)   For subregulation (1), the regulator must approve a course of training in work health and safety as a bridging course.

Note   A bridging course is intended to be an alternative to a full initial course of training in work health and safety, and is suitable for certain health and safety representatives who have previously received training in work health and safety under the OHS Act.

Schedule 2        Amendments of Fair Work Regulations 2009

(section 4)

 

[1]           Regulation 1.03

insert

WHS entry permit has the same meaning as in the Work Health and Safety Act 2011.

[2]           Regulation 3.25, table

substitute

Item

Law

1

Work Health and Safety Act 2011 of New South Wales

2

Occupational Health and Safety Act 2004 of Victoria

3

Work Health and Safety Act 2011 of Queensland

4

Sections 49G and 49I to 49O of the Industrial Relations Act 1979 of Western Australia, but only to the extent to which those provisions provide for, or relate to, a right of entry to investigate a suspected contravention of:

   (a)  the Occupational Safety and Health Act 1984 of Western Australia; or

  (b)  the Mines Safety and Inspection Act 1994 of Western Australia

5

Work Health and Safety Act 2012 of Tasmania

6

Work Health and Safety Act 2011 of the Australian Capital Territory

7

Work Health and Safety (National Uniform Legislation) Act 2011 of the Northern Territory

[3]           Regulation 5.01, heading

substitute

5.01        Delegation by President of functions and powers of FWA

[4]           After subregulation 5.01 (2)

insert

         (3)   For paragraph 625 (2) (i) of the Act, the power to issue a WHS entry permit to a person under section 134 of the Work Health and Safety Act 2011 is a prescribed power.


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.comlaw.gov.au.