2012

THE LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY

WORK HEALTH AND SAFETY AMENDMENT REGULATION 2012 (No 1)

SL2012-9

EXPLANATORY STATEMENT 

Circulated with the authority of
 Chris Bourke MLA
 Minister for Industrial Relations

Overview
This Work Health and Safety Amendment Regulation 2012 (No 1) is made under the provisions of Section 306 of the Work Health and Safety Act 2011 that provides:
(1)	A regulation may prescribe transitional matters necessary or convenient to be prescribed because of the enactment of the Act, and
(2)	A regulation may modify this part (including in relation to any other territory law) to make provision in relation to anything that, in the Executive’s opinion, is not, or is not adequately or appropriately, dealt with in this part.
(3)	A regulation under subsection (2) has effect despite anything elsewhere in this Act or another territory law.

Background
The purpose of the Work Health and Safety Amendment Regulation 2012 (No 1) is to make it clear that inspectors authorised under the provisions of the Work Health and Safety Act 2011(the new Act) are also authorised to commence, continue or complete an investigation into an offence committed under the Work Safety Act 2008 (the Old Act).

Part 20 of the new Act provides transitional provisions for this Act.  Section 305 provides that an inspector under the old Act continues to be an inspector under the old Act.

Clause 1	Name of regulation
The clause sets out the name of the regulation.

Clause 2	Commencement
The regulation commenced retrospectively on 1 January 2012.  This regulation does not have a prejudicial operation as referred to in section 76 of the Legislation Act 2001.  It reflects an intention to enable past conduct to be investigation in accordance with the law as the law stood at the time.  Retrospective commencement is essential to avoid legal argument in relation to the exercise of inspector powers and functions since the commencement of the Act.  This allows open investigations to continue and new investigations to begin as intended and as expected by the community.  This goes to ensuring the integrity of a scheme that is in place to protect the health, safety and wellbeing of workers and the general public.

Clause 3 – Legislation amended
The clause sets out what regulation is amended.

Clause 4 – New part 20.4
Clause 4 inserts a new part to the regulation.  The clause provides that inspectors appointed under the Work Health and Safety Act 2011 can continue to exercise powers under the Work Safety Act 2008 to investigate offences that occurred prior to commencement of the 2011 legislation.  This is essential to ensure the integrity of the regime so inspectors can investigate offences that occurred under the previous legislation.

This is important, as investigations and prosecutions into work safety breaches can take some time to complete or don’t come to the knowledge of the inspectorate for a period of time.