Workplace Safety and Health Act 2006 · 2020 Revised Edition · Part 8 · Workplace Safety and Health Council
40B. Codes of practice
Feedback & supportFor the purpose of providing practical guidance with respect to the requirements of this Act relating to safety, health and welfare at work, the Council may do all or any of the following:
at work
“at work” means —(a)in relation to an employee, all times when the employee is performing work in connection with any trade, business, profession or undertaking carried on by his or her employer, wherever that work is carried out;(b)in relation to a self-employed person, all times when the person is performing work as a self-employed person, wherever the work is carried out; and(c)in any other case, all times when the person is performing work at the direction of the other person who engaged him or her, wherever the work is carried out;
issue one or more codes of practice, which may include any code of practice issued or approved under another written law if the Council considers that code of practice suitable for this purpose;
approve as a code of practice any document prepared by any person or organisation other than the Council if the Council considers the document as a suitable document for this purpose;
amend or revoke any code of practice issued or approved under this section.
The power of the Council under subsection (1)(a) or (b) to issue or approve a code of practice that is either a code of practice issued or approved under another written law or a document prepared by any person or organisation other than the Council includes the power to issue or approve a part of such a code of practice or document.
Council
“Council” means the Workplace Safety and Health Council established under section 39;
Where a code of practice is issued, approved, amended or revoked by the Council under subsection (1), the Council must —
publish a notice of the issue, approval, amendment or revocation (as the case may be) of the code of practice in such manner as will secure adequate publicity for such issue, approval, amendment or revocation;
specify in the notice mentioned in paragraph (a) —
the date of issue, approval, amendment or revocation, as the case may be;
the class of hazards, activities or articles in respect of which the code of practice is issued, approved, amended or revoked; and
the place at and the time during which, or the Internet website where, the code of practice which is the subject of the notice may be inspected; and
ensure that, so long as the code of practice remains in force, copies of that code, and of all amendments to that code, are available —
for inspection by members of the public free of charge; and
for purchase by members of the public at a reasonable price.
Any code of practice, amendment to an approved code of practice or revocation of any such approved code of practice, does not have any force or effect until the notice relating thereto is published in accordance with subsection (3).
approved code of practice
“approved code of practice” means any code of practice issued or approved under section 40B, and includes any such code of practice as amended from time to time under that section;
An approved code of practice that is also either a code of practice issued or approved under another written law or a document prepared by any person or organisation other than the Council must consist of the contents of that code or document as that code or document existed on the date it was issued or approved as an approved code of practice under this section.
If any provision of any approved code of practice is inconsistent with any provision of this Act, such provision, to the extent of the inconsistency —
has effect subject to the provisions of this Act; or
having regard to the provisions of this Act, does not have effect.
Any approved code of practice is deemed not to be subsidiary legislation.