OCCUPATIONAL HEALTH AND SAFETY (MARITIME INDUSTRY) ACT 1993 No. 10, 1994
OCCUPATIONAL HEALTH AND SAFETY (MARITIME INDUSTRY) ACT 1993 No. 10, 1994 - TABLE OF PROVISIONS
TABLE OF PROVISIONS PART 1-PRELIMINARY Division 1-Short title and commencement Section 1. Short title 2. Commencement Division 2-Objects and definitions 3. Objects 4. Interpretation Division 3-Miscellaneous preliminary provisions 5. Extent of Act 6. Application of Act 7. This Act not to affect the Navigation Act 1912 8. Application of Act to prescribed ships or prescribed units controlled by contractors Division 4-Additional functions conferred on Seafarers Safety, Rehabilitation and Compensation Authority and Ministerial directions 9. Functions conferred on the Authority 10. Directions by Minister PART 2-OCCUPATIONAL HEALTH AND SAFETY Division 1-General duties relating to occupational health and safety 11. Duties of operators in relation to their employees 12. Consultative processes for developing health and safety policy 13. Duties of operators in relation to contractors 14. Duties of operators in relation to third parties 15. Duties of manufacturers in relation to plant 16. Duties of manufacturers in relation to substances 17. Importers of plant and substances 18. Sections 15, 16 and 17 not to affect the operation of the Trade Practices Act 1974 or certain other laws 19. Duties of suppliers in relation to plant and substances 20. Financiers not to be treated as suppliers 21. Neither section 19 nor 20 affect the operation of the Trade Practices Act 1974 or certain other laws 22. Duties of persons erecting or installing plant in a workplace 23. Duties of persons repairing or maintaining plant in a workplace 24. Duties of persons constructing, modifying or repairing a structure on a prescribed ship or prescribed unit 25. Duties of persons engaged in loading or unloading a prescribed ship or prescribed unit 26. Sections 22, 23, 24 and 25 not to affect the operation of the Trade Practices Act 1974 or certain other laws 27. Duties of employees in relation to occupational health and safety 28. Reliance on information supplied-plant and substances 29. Reliance on information supplied-erection or installation of plant 30. Reliance on information supplied-repair or maintenance of plant 31. Reliance on information supplied-construction, modification or repair of structure 32. Reliance on results of research Division 2-Specific duties relating to occupational health and safety 33. Regulations relating to occupational health and safety PART 3-WORKPLACE ARRANGEMENTS Division 1-Designated work groups 34. Request to establish or vary designated work groups 35. Operator to enter into consultations to establish or vary designated work groups 36. Variation of designated work groups 37. Reference of disagreement to reviewing authority 38. Operator to establish designated work groups in accordance with consultations 39. Operator to vary designated work groups in accordance with consultations 40. Consultation procedures Division 2-Health and safety representatives 41. Selection of health and safety representatives 42. Conduct of elections of health and safety representatives 43. Candidates for election as health and safety representatives 44. Right to vote in health and safety representative election 45. Person in command to maintain list of health and safety
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representatives 46. Term of office 47. Training of health and safety representatives 48. Powers of health and safety representatives in respect of a workplace 49. Power of health and safety representatives to investigate complaints 50. Power of health and safety representatives to be present at certain interviews 51. Power of health and safety representatives to obtain access to information 52. Power of health and safety representatives to issue provisional improvement notices 53. Powers of health and safety representatives to be exercised for the purposes of promoting or ensuring health and safety 54. Consultant to health and safety representative 55. Access to confidential information 56. Liability of health and safety representative Division 3-Provisional improvement notices 57. Consultations in relation to rectifying contraventions or preventing contraventions of this Act 58. Issuing of provisional improvement notice 59. Effect of provisional improvement notice 60. Employees to be notified of issuing of provisional improvement notice 61. Person in command's obligations 62. Operation of section 98 for the purposes of section 100 63. Duty of operators to consult with health and safety representatives on implementation of changes at workplace 64. Duties of operators to allow health and safety representatives access to a workplace and to consult with representatives on workplace health and safety measures 65. Duty of operators to allow health and safety representatives to be present at certain interviews 66. Duty of operators to provide health and safety representatives access to certain information 67. Duty of operators to allow health and safety representatives to take time off 68. Duty of operators to provide health and safety representatives access to certain facilities 69. Access to confidential medical information 70. Access to information in relation to which an operator claims legal professional privilege 71. Resignation etc. of health and safety representatives 72. Disqualification of health and safety representatives Division 4-Health and safety committees 73. Health and safety committees 74. Functions of health and safety committees 75. Powers of health and safety committees 76. Liability of health and safety committee members 77. Duties of operators in relation to health and safety committees 78. Access to confidential medical information 79. Access to information in relation to which an operator claims legal professional privilege Division 5-Emergency procedures 80. Action by health and safety representatives 81. Directions to perform other work PART 4-ADVICE AND INVESTIGATIONS Division 1-The Inspectorate 82. Functions of the Inspectorate Division 2-Advice 83. Inspectorate may refer persons seeking advice to experts Division 3-Investigations 84. Appointment of inspectors 85. Identification cards 86. Directions by Inspectorate 87. Investigations 88. Investigation report 89. Power of entry etc. 90. Power to require assistance and information 91. Power to take possession of plant, take samples of substances etc. 92. Power to direct that workplace etc. not be disturbed 93. Power to issue prohibition notices 94. Inspector to inform person in command if action by operator is inadequate 95. When prohibition notice stops having effect 96. Person in command to distribute copies of prohibition
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notice 97. Inspector to give copy of prohibition notice to owner of a workplace, plant, substance or thing 98. Power to issue improvement notices 99. Distribution of copies of improvement notices 100. Appeals 101. Implementation of decision under appeal 102. Powers of reviewing authority 103. Duty of inspector in relation to a decision under section 91 to take possession of plant, a substance or a thing that is not affirmed 104. Liability of inspectors 105. Notices not to be tampered with or removed 106. Arrangements with States or Territories for services of State or Territory officers PART 5-MISCELLANEOUS 107. Notifying and reporting accidents and dangerous occurrences 108. Records of accidents and dangerous occurrences to be kept 109. Codes of practice 110. Use of codes of practice in proceedings 111. Interference etc. with equipment etc. 112. Recrediting of recreation leave 113. Operator not to levy employees etc. 114. Annual occupational health and safety report 115. Operator not to dismiss etc. employees on certain grounds 116. Beginning prosecutions 117. Conduct of directors, servants and agents 118. Act not to give rise to other liabilities etc. 119. Circumstances preventing compliance with Act may be defence to prosecution 120. Regulations-general OCCUPATIONAL HEALTH AND SAFETY (MARITIME INDUSTRY) ACT 1993 No. 10, 1994 - LONG TITLE
An Act to promote the occupational health and safety of persons employed in the maritime industry, and for related purposes OCCUPATIONAL HEALTH AND SAFETY (MARITIME INDUSTRY) ACT 1993 No. 10, 1994 - PART 1 PART 1-PRELIMINARY
OCCUPATIONAL HEALTH AND SAFETY (MARITIME INDUSTRY) ACT 1993 No. 10, 1994 - DIVISION 1 Division 1-Short title and commencement
OCCUPATIONAL HEALTH AND SAFETY (MARITIME INDUSTRY) ACT 1993 No. 10, 1994 - SECT 1 Short title
(Assented to 18 January 1994) 1. This Act may be cited as the Occupational Health and Safety (Maritime Industry) Act 1993. (Minister's second reading speech made in - Senate on 29 September 1993 House of Representatives on 24 November 1993) OCCUPATIONAL HEALTH AND SAFETY (MARITIME INDUSTRY) ACT 1993 No. 10, 1994 - SECT 2 Commencement
2. (1) Sections 1 and 2 commence on the day on which this Act receives the Royal Assent. (2) Subject to subsection (3), the remaining provisions of this Act commence on a day or days to be fixed by Proclamation.
(3) If a provision referred to in subsection (2) does not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period. OCCUPATIONAL HEALTH AND SAFETY (MARITIME INDUSTRY) ACT 1993 No. 10, 1994 - DIVISION 2 Division 2-Objects and definitions
OCCUPATIONAL HEALTH AND SAFETY (MARITIME INDUSTRY) ACT 1993 No. 10, 1994 - SECT 3 Objects
3. The objects of this Act are: (a) to secure the health, safety and welfare at work of maritime industry employees; and (b) to protect persons at or near workplaces from risks to health and safety arising out of the activities of maritime industry employees at work; and (c) to ensure that expert advice is available on occupational health and safety matters affecting maritime industry operators, maritime industry employees and maritime industry contractors; and (d) to promote an occupational environment for maritime industry employees that is adapted to their health and safety needs; and (e) to foster a cooperative consultative relationship between maritime industry operators and maritime industry employees on the health, safety and welfare of maritime industry employees at work. OCCUPATIONAL HEALTH AND SAFETY (MARITIME INDUSTRY) ACT 1993 No. 10, 1994 - SECT 4 Interpretation
4. In this Act, unless the contrary intention appears: "accident" includes contracting a disease; "articles of agreement" has the same meaning as in the Navigation Act 1912; "Authority" means the Seafarers Safety, Rehabilitation and Compensation Authority established by the Seafarers Rehabilitation and Compensation Act
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1992; "contract" includes any arrangement or understanding; "contractor" means an individual who does work on a prescribed ship or a prescribed unit under a contract between an operator and that individual or any other person (whether an individual or not); "dangerous occurrence" means an occurrence, at a workplace, that is declared by the regulations to be a dangerous occurrence for the purpose of this definition; "designated work group" means a group of employees established as a designated work group in accordance with Division 1 of Part 3, or that designated work group as varied in accordance with this Act; "employee" means: (a) a person employed by an operator on a prescribed ship or prescribed unit; or (b) a person engaged on a prescribed ship or prescribed unit under articles of agreement. "Government ship" means a ship: (a) that belongs to the Commonwealth or a State or Territory; or (b) the beneficial interest in which is vested in the Commonwealth or a State or Territory; or (c) that is for the time being demised or sub-demised to, or in the exclusive possession of, the Commonwealth or a State or Territory; and includes a ship that belongs to an arm of the Defence Force, but does not include a ship: (d) that belongs to a trading corporation that is an authority or agency of the Commonwealth or of a State or Territory; or (e) the beneficial interest in which is vested in such a trading corporation; or (f) that is for the time being demised or sub-demised to, or in the exclusive possession of, such a trading corporation; or (g) that is operated by seafarers employed by a person other than the Commonwealth or a State or Territory; "improvement notice" means an improvement notice issued under section 98; "inspector" means: (a) a person appointed as an inspector under section 84; or (b) a person performing the duties and exercising the powers of an inspector under arrangements under section 106; "Inspectorate" means the Australian Maritime Safety Authority established by the Australian Maritime Safety Authority Act 1990; "involved union" means: (a) in relation to an employee of a particular operator-a registered union of which the employee is a member, if the employee is qualified to be a member because of the work the employee performs for that operator; or (b) in relation to a designated work group-a registered union of which an employee in the group is a member, if the employee is qualified to be a member because of the work the employee performs as an employee in the group; "off-shore industry mobile unit" has the same meaning as in the Navigation Act 1912; "operator", in relation to an employee employed on, or a contractor working on, a prescribed ship or prescribed unit means: (a) if the owner: (i) has the management or control of the ship or unit; and (ii) employs the employee on the ship or unit or is a party to the contract under which the contractor is working on the ship or unit; the owner; or