2007
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Minister for Industrial Relations)
Occupational Health and Safety Amendment Bill 2007

Contents
	Page

	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
	4	Functions
Section 12 (1) (a) (iii) and (b) (iii)	2
	5	Section 12 (1), new note	2
	6	Section 12 (2) (g), (h) and (i)	2
	7	Powers
Section 13	3
	8	Membership
Section 14 (1) (c)	3
	9	Section 14 (1), new notes	3
	10	Section 14 (2)	3
	11	Sections 15 to 17	3
	12	Resignation
Section 19	4
	13	Section 20	4
	14	Acting members
Section 21	6
	15	Calling meetings
Section 22 (1) and (2)	6
	16	Procedure at meetings
Section 23 (1), (2) and (3)	6
	17	Immunity from suit
Section 24 (1)	6
	18	Failure to comply with safety duty––exposing people to substantial risk of serious harm
New section 48 (3)	7
	19	Failure to comply with safety duty––causing serious harm to people
New section 49 (3)	7
	20	Dictionary, definition of chairperson	7
	21	Dictionary, definition of deputy chairperson	7
Schedule 1	Other amendments	8
Part 1.1	Dangerous Substances Act 2004	8
Part 1.2	Public Sector Management Act 1994	9

2007
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Minister for Industrial Relations)
Occupational Health and Safety Amendment Bill 2007

A Bill for
An Act to amend the Occupational Health and Safety Act 1989, and for other purposes

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1	Name of Act
This Act is the Occupational Health and Safety Amendment Act 2007.
2	Commencement
This Act commences on the day after its notification day.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Legislation amended
This Act amends the Occupational Health and Safety Act 1989.
Note	This Act also amends the following legislation (see sch 1):
·	Dangerous Substances Act 2004
·	Public Sector Management Act 1994.
4	Functions
Section 12 (1) (a) (iii) and (b) (iii)
omit
5	Section 12 (1), new note
insert
Note	A provision of a law that gives an entity (including a person) a function also gives the entity the powers necessary and convenient to exercise the function (see Legislation Act, s 196 (1) and dict, pt 1, defs of entity and function).
6	Section 12 (2) (g), (h) and (i)
substitute
	(g)	the provision of education and training in relation to workers compensation.
7	Powers
Section 13
omit
8	Membership
Section 14 (1) (c)
substitute
	(c)	4 other members appointed by the Minister; and
9	Section 14 (1), new notes
insert
Note 1	For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3. 
Note 2	In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).
Note 3	Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3).
10	Section 14 (2)
omit
11	Sections 15 to 17
substitute
15	Terms of appointment
	(1)	The appointed members of the council must be appointed as part‑time members.
	(2)	An appointed member of the council must be appointed for not longer than 3 years.
Note	A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def of appoint).
	(3)	An appointed member of the council holds office on the conditions (if any) about matters not provided for by this Act that are determined in writing by the Minister.
16	Appointment of chair and deputy chair
The Minister must appoint a member of the council appointed under section 14 (1) (c) as chair of the council and another member as deputy chair of the council.
17	Leave of absence
	(1)	The Minister may grant leave of absence to the chair or deputy chair on the conditions (if any) about remuneration or other matters that the Minister determines.
	(2)	The council may grant leave of absence to a member (other than the chair or deputy chair) on the conditions (if any) about remuneration or other matters that the council determines.
12	Resignation
Section 19
omit
13	Section 20
substitute
20	Ending appointment of council member
	(1)	This section applies to a member of the council other than the commissioner.
	(2)	The Minister must end the appointment of a member of the council if the Minister becomes aware that the member—
	(a)	has become bankrupt or executed a personal insolvency agreement; or
	(b)	has failed to comply with section 18 (Disclosure of interest) without reasonable excuse; or
	(c)	has at any time been convicted, in Australia, of an offence punishable by imprisonment for 1 year or longer; or
	(d)	has at any time been convicted, outside Australia, of an offence that, if it had been committed in the ACT, would be punishable by imprisonment for 1 year or longer.
	(3)	However, before ending the appointment of the member under subsection (2) (c) or (d) the Minister must be satisfied that the conviction affects the member’s suitability as a member of the council.
	(4)	The Minister may end the appointment of a member of the council—
	(a)	if the member was appointed under section 14 (1) (a) and the Minister is satisfied that the member no longer represents the interests of employees; or
	(b)	if the member was appointed under section 14 (1) (b) and the Minister is satisfied that the member no longer represents the interests of employers; or
	(c)	if the member is absent from 3 consecutive meetings of the council, otherwise than on leave approved under section 17; or
	(d)	if the member contravenes a territory law; or
	(e)	for misbehaviour; or
	(f)	for physical or mental incapacity, if the incapacity substantially affects the exercise of the member’s functions.
Note	A person’s appointment also ends if the person resigns (see Legislation Act, s 210).
14	Acting members
Section 21
omit
15	Calling meetings
Section 22 (1) and (2)
omit
chairperson
substitute
chair
16	Procedure at meetings
Section 23 (1), (2) and (3)
omit
chairperson
substitute
chair
17	Immunity from suit
Section 24 (1)
substitute
	(1)	An action, suit or proceeding does not lie against a person who is or has been a member of the council in relation to an honest act or omission in the exercise or purported exercise of a function under this Act.
18	Failure to comply with safety duty––exposing people to substantial risk of serious harm
New section 48 (3)
insert
	(3)	Strict liability applies to subsection (1) (b).
19	Failure to comply with safety duty––causing serious harm to people
New section 49 (3)
insert
	(3)	Strict liability applies to subsection (1) (b).
20	Dictionary, definition of chairperson
substitute
chair means the chair of the council appointed under section 16.
21	Dictionary, definition of deputy chairperson
substitute
deputy chair means the deputy chair of the council appointed under section 16.

Schedule 1	Other amendments
(see s 3)
Part 1.1	Dangerous Substances Act 2004
[1.1]	New section 43 (3)
insert
	(3)	Strict liability applies to subsection (1) (b).
[1.2]	New section 44 (3)
insert
	(3)	Strict liability applies to subsection (1) (b).
[1.3]	New section 45 (3)
insert
	(3)	Strict liability applies to subsection (1) (b).
[1.4]	New section 46 (3)
insert
	(3)	Strict liability applies to subsection (1) (b).
Part 1.2	Public Sector Management Act 1994
[1.5]	Schedule 3, modification 3.17, new section 88L
omit
[1.6]	Schedule 3, modification 3.17, new section 88M (1)
omit
A member of the council
substitute
The chief executive
[1.7]	Schedule 3, modification 3.17, new section 88Q (1) (b)
omit
council’s
substitute
chief executive’s
[1.8]	Schedule 3, modification 3.17, new section 88S
omit
[1.9]	Schedule 3, modification 3.17, new part 5A, further amendments, mentions of council
omit
council
substitute
chief executive
in
·	sections 88B to 88D
·	section 88E heading
·	sections 88E to 88K
·	section 88LA and note
·	section 88M (1) (2nd mention) and (2)
·	sections 88Q and 88R

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on	2007.
2	Notification
	Notified under the Legislation Act on	2007.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2007