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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 .

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 .

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