Legislation
Summary of Legislation
The following outlines briefly the main OHS and related legislation in the ACT as it affects the University of Canberra. The University operates under the Commonwealth SRC Act for workers' compensation and rehabilitation.
The legislative regime comprises of 3 formal elements with a fourth, no-legislative element sitting below that. These are:
- The Work Health and Safety Act 2011,the principle Act
- The Work Health and Safety Regulations 2011, the Regulations that sit below the Principe Act
- Codes of Practice
- National and Australian Standards
- Guidance Material
Work Health and Safety Act 2011
The Act sets the overall framework for safety and a range of duties designed to ensure work safety, health and well-being.
Work Health and Safety Regulations 2011
The Regulation spells out the minimum standards for the duty holders to ensure work safety in relation to specific hazards and risks. Regulations have the force of law and must be adhered to. Failure to comply may result in a criminal penalty or an infringement notice.
Codes of Practice and Standards
Codes of Practice provide practical guidance on how to comply with legal duties. Codes have formal status, allowing courts to consider whether a Code has been complied with in deciding whether legal duties have been met. The steps set out in a Code are not compulsory, but you should follow the Code or an equivalent [or better] alternative.
National Standards and National Codes of Practice are developed by Safe Work Australia and its predecessors(NOHSC, ASCC). These as well as ACT developed Codes of Practice are often declared to apply in the ACT. They then are legally enforceable. Australian Standards are separate technical guides which may also help a person to comply with a particular work safety duty.
Guidance Material
Guidance material is not law, though it can help explain the law. The main purpose of guidance is:
- help people to understand what the law says
- help people understand how to comply with the law
- provide technical advice on specific issues of concern
Following guidance is not compulsory and employers are free to take other action, however following guidance will ensure that they are doing enough to comply with the law.
Guidance material is available from the following: