6.2.4 Further legal definitions
A framework of Acts, Regulations, and supporting codes of practice and standards governs Australian health and safety law. Below is a definition of each.
Act: An Act is a statute law made by parliament and is enforced by the relevant government department responsible for the administration of the health and safety act in a state or territory. Not complying with an Act is considered an offence and can result in a fine, improvement or prohibition notice.
Regulation : A regulation is made under the principal Acts governing occupational health and safety legislation. Regulations are usually made in relation to a particular safety issue, such as, first aid, dangerous goods, asbestos. Not complying with a regulation is considered an offence and can result in a fine, issuing of an improvement or prohibition notice or imprisonment.
Codes of Practice : State and territory governments are able to approve codes of practice through the powers of the principal occupational health and safety act. They are supporting material to acts; they give advice and guidance on how to comply with the general obligations set out in the act. A breach of a code is not by itself a breach of an Act or Regulation. However a code can be used as evidence in court to demonstrate what an employer should have been doing to ensure a safe workplace.
Standards: Standards deal with workplace problems such as noise, exposure standards, and dangerous working environments. They provide practical advice and guidelines for controlling hazards. Standards are only enforceable by law when they are specifically included in a State or Territory health and safety regulation
Acts
The following is a list of the Acts and Regulations relating to OH&S within Victoria .
- Accident Compensation Act 1985
- Accident Compensation (WorkCover Insurance) Act 1993 Workers Compensation Act 1958
- Accident Compensation (Occupational Health and Safety) Act 1996 Occupational Health and Safety Act 1985+ Dangerous Goods Act 1985
- Equipment (Public Safety) Act 1994
- Road Transport (Dangerous Goods) Act 1995
- Road Transport Reform (Dangerous Goods) Act 1995 (Commonwealth) Mines Act 1958
Regulations
Regulations set out mandatory requirements under each of the Acts. Copies of the Regulations are available from many official government sites. For instance in Australia , the Victorian state regulations can be sourced from Information Victoria or the Victorian Government online bookshop at http://www.bookshop.vic.gov.au .
- Accident Compensation Regulations 1990
- Accident Compensation (Self-insurers' Contributions) Regulations 1999 .Dangerous Goods (Explosives) Regulations 2000
- Dangerous Goods (Storage and Handling) Regulations 2000 Dangerous Goods (Transport by Rail) Regulations 1998
- Equipment (Public Safety) (Incident Notification) Regulations 1997 .Equipment (Public Safety) (General) Regulations 1995
- Occupational Health and Safety (Asbestos) Regulations 1992
- Occupational Health and Safety (Certification of Plant Users and Operators) Regulations, Occupational Health and Safety (Confined Spaces) Regulations 1996 (S.R. No.1. Occupational Health and Safety (Hazardous Substances) Regulations 1999 Occupational Health and Safety (Incident Notification) Regulations 1997 Occupational Health and Safety (Issue Resolution) Regulations 1999 Occupational Health and Safety (Major Hazard Facilities) Regulations 2000 Occupational Health and Safety (Manual Handling) Regulations 1999 Occupational Health and Safety (Noise) Regulations 1992 Occupational Health and Safety (Plant) Regulations 1995. Occupational Health and Safety (Lead) Regulations 2000
- Road Transport (Dangerous Goods) (License Fees) Regulations 1998. Road Transport Reform (Dangerous Goods) Regulations 1997. Workers Compensation Regulations 1995