- Work Health and Safety Act 2011 No 10
- Status information
- Long title
- Part 1 Preliminary
- Part 2 Health and safety duties
- Division 1 Introductory
- Division 2 Primary duty of care
- Division 3 Further duties of persons conducting businesses or undertakings
- 20 Duty of persons conducting businesses or undertakings involving management or control of workplaces
- 21 Duty of persons conducting businesses or undertakings involving management or control of fixtures, fittings or plant at workplaces
- 22 Duties of persons conducting businesses or undertakings that design plant, substances or structures
- 23 Duties of persons conducting businesses or undertakings that manufacture plant, substances or structures
- 24 Duties of persons conducting businesses or undertakings that import plant, substances or structures
- 25 Duties of persons conducting businesses or undertakings that supply plant, substances or structures
- 26 Duty of persons conducting businesses or undertakings that install, construct or commission plant or structures
- Division 4 Duty of officers, workers and other persons
- Division 5 Offences and penalties
- Part 3 Incident notification
- Part 4 Authorisations
- Part 5 Consultation, representation and participation
- Division 1 Consultation, co-operation and co-ordination between duty holders
- Division 2 Consultation with workers
- Division 3 Health and safety representatives
- Subdivision 1 Request for election of health and safety representatives
- Subdivision 2 Determination of work groups
- Subdivision 3 Multiple-business work groups
- Subdivision 4 Election of health and safety representatives
- 60 Eligibility to be elected
- 61 Procedure for election of health and safety representatives
- 62 Eligibility to vote
- 63 When election not required
- 64 Term of office of health and safety representative
- 65 Disqualification of health and safety representatives
- 66 Immunity of health and safety representatives
- 67 Deputy health and safety representatives
- Subdivision 5 Powers and functions of health and safety representatives
- Subdivision 6 Obligations of person conducting business or undertaking to health and safety representatives
- Division 4 Health and safety committees
- Division 5 Issue resolution
- Division 6 Right to cease or direct cessation of unsafe work
- 83 Definition of “cease work under this Division”
- 84 Right of worker to cease unsafe work
- 85 Health and safety representative may direct that unsafe work cease
- 86 Worker to notify if ceases work
- 87 Alternative work
- 88 Continuity of engagement of worker
- 89 Request to regulator to appoint inspector to assist
- Division 7 Provisional improvement notices
- 90 Provisional improvement notices
- 91 Provisional improvement notice to be in writing
- 92 Contents of provisional improvement notice
- 93 Provisional improvement notice may give directions to remedy contravention
- 94 Minor changes to provisional improvement notice
- 95 Issue of provisional improvement notice
- 96 Health and safety representative may cancel notice
- 97 Display of provisional improvement notice
- 98 Formal irregularities or defects in notice
- 99 Offence to contravene a provisional improvement notice
- 100 Request for review of provisional improvement notice
- 101 Regulator to appoint inspector to review notice
- 102 Decision of inspector on review of provisional improvement notice
- Division 8 Part not to apply to prisoners
- Part 6 Discriminatory, coercive and misleading conduct
- Part 7 Workplace entry by WHS entry permit holders
- Note
- Division 1 Introductory
- Division 2 Entry to inquire into suspected contraventions
- Division 3 Entry to consult and advise workers
- Division 4 Requirements for WHS entry permit holders
- 123 Contravening WHS entry permit conditions
- 124 WHS entry permit holder must also hold permit under other law
- 125 WHS entry permit to be available for inspection
- 126 When right may be exercised
- 127 Where the right may be exercised
- 128 Work health and safety requirements
- 129 Residential premises
- 130 WHS entry permit holder not required to disclose names of workers
- Division 5 WHS entry permits
- 131 Application for WHS entry permit
- 132 Consideration of application
- 133 Eligibility criteria
- 134 Issue of WHS entry permit
- 135 Conditions on WHS entry permit
- 136 Term of WHS entry permit
- 137 Expiry of WHS entry permit
- 138 Application to revoke WHS entry permit
- 139 Authorising authority must permit WHS entry permit holder to show cause
- 140 Determination of application
- Division 6 Dealing with disputes
- Division 7 Prohibitions
- 144 Person must not refuse or delay entry of WHS entry permit holder
- 145 Person must not hinder or obstruct WHS entry permit holder
- 146 WHS entry permit holder must not delay, hinder or obstruct any person or disrupt work at workplace
- 147 Misrepresentations about things authorised by this Part
- 148 Unauthorised use or disclosure of information or documents
- Division 8 General
- Part 8 The regulator
- Part 9 Securing compliance
- Division 1 Appointment of inspectors
- Division 2 Functions and powers of inspectors
- Division 3 Powers relating to entry
- Subdivision 1 General powers of entry
- Subdivision 2 Search warrants
- Subdivision 3 Limitation on entry powers
- Subdivision 4 Specific powers on entry
- 171 Power to require production of documents and answers to questions
- 171A Giving of notices
- 172 Abrogation of privilege against self-incrimination
- 173 Warning to be given
- 174 Powers to copy and retain documents
- 175 Power to seize evidence etc
- 176 Inspector’s power to seize dangerous workplaces and things
- 177 Powers supporting seizure
- 178 Receipt for seized things
- 179 Forfeiture of seized things
- 180 Return of seized things
- 181 Access to seized things
- Division 4 Damage and compensation
- Division 5 Other matters
- Division 6 Offences in relation to inspectors
- Part 10 Enforcement measures
- Part 11 Enforceable undertakings
- Part 12 Review of decisions
- Part 13 Legal proceedings
- Division 1 General matters
- Division 2 Sentencing for offences
- Division 2A Penalty units
- Division 3 Penalty notices
- Division 4 Offences by bodies corporate
- Division 5 The Crown
- Division 6 Public authorities
- Division 7 WHS civil penalty provisions
- 254 When is a provision a WHS civil penalty provision
- 255 Proceedings for contravention of WHS civil penalty provision
- 256 Involvement in contravention treated in same way as actual contravention
- 257 Contravening a civil penalty provision is not an offence
- 258 Civil proceeding rules and procedure to apply
- 259 Proceeding for a contravention of a WHS civil penalty provision
- 260 Proceedings may be brought by the regulator or an inspector
- 261 Limitation period for WHS civil penalty proceedings
- 262 Recovery of a monetary penalty
- 263 Civil double jeopardy
- 264 Criminal proceedings during civil proceedings
- 265 Criminal proceedings after civil proceedings
- 266 Evidence given in proceedings for contravention of WHS civil penalty provision not admissible in criminal proceedings
- Division 8 Civil liability not affected by this Act
- Part 14 General
- Division 1 General provisions
- 268 Offence to give false or misleading information
- 269 Act does not affect legal professional privilege
- 270 Immunity from liability
- 271 Confidentiality of information
- 271A Information sharing between regulators
- 271B Provision of information from Health Secretary to regulator
- 271C Dust Diseases Register
- 271D SafeWork NSW must report to Minister
- 271E SafeWork NSW to publish information on website
- 271F National register of dust diseases
- 272 No contracting out
- 272A Prohibition on certain insurance or indemnity arrangements
- 272B Liability of officers for offences by body corporate under section 272A
- 273 Person not to levy workers
- Division 1A Silica worker registration
- Division 2 Codes of practice
- Division 3 Regulation-making powers
- Division 3A Miscellaneous
- Schedule 1 Application of Act to dangerous goods and high risk plant
- Schedule 2 The regulator
- Schedule 3 Regulation-making powers
- Schedule 4 Savings, transitional and other provisions
- Schedule 5 Provisions transferred by the Fair Trading Legislation Amendment (Miscellaneous) Act 2018
- Historical notes
Work Health and Safety Act 2011 No 10
Current
version
for 25 April 2024
to date
(accessed 15 May 2024 at 01:31)
Status information
Currency of version
Current
version
for 25 April 2024
to date
(accessed 15 May 2024 at 01:31)
Legislation on this site is usually updated within 3 working days after a change to the legislation.
Provisions in force
The provisions displayed in this version of the legislation have all commenced. See
Historical Notes
Does not include amendments by—
Work Health and Safety Amendment Act 2023 No 34, Sch 1[4]–[15] [17] [28] [32] and [37] (not commenced — to commence on 1.7.2024)
Industrial Relations Amendment Act 2023 No 41 (not commenced — to commence on 1.7.2024)
Work Health and Safety Amendment Act 2023 No 34, Sch 1[4]–[15] [17] [28] [32] and [37] (not commenced — to commence on 1.7.2024)
Industrial Relations Amendment Act 2023 No 41 (not commenced — to commence on 1.7.2024)
Responsible Minister
Minister for Work Health and Safety
Authorisation
This version of the legislation is compiled and maintained in a database of legislation by the Parliamentary Counsel's Office and published on the NSW legislation website, and is certified as the form of that legislation that is correct under section 45C of the
Interpretation Act 1987.