Acts and regulations

The Work Health and Safety Commissioner exercises a wide range of regulatory responsibilities in relation to the following legislation and associated regulations:

Work Health and Safety

ActTopic

Work Health and Safety Act 2011

The Work Health and Safety Act 2011 (WHS Act) gives effect to the Territory’s commitment under the Inter-Governmental Agreement for Regulatory and Operational Reform in OHS to implement the model work health and safety laws in the ACT.

Subordinate Legislation - Work Health and Safety Regulation 2011

Scaffolding and Lifts Act 1912

Scaffolding regulations are in place to make sure a scaffold does what it is supposed to - protect people from falls. If it fails, death or very serious injury can result. The legislation serves specific purposes - to make sure a scaffold’s design and materials have sufficient strength, rigidity and stability, to make sure scaffolds are assembled, dismantled or altered properly and in a safe manner, to make sure only competent people are allowed to assemble and use a scaffold and to make sure scaffolds are inspected and maintained regularly.

Subordinate Legislation - Scaffolding and Lifts Regulation 1950

Machinery Act 1949

The Machinery Act is for the purpose of providing power for the making of regulations for the safety, control and operation of machinery and of boilers and pressure vessels and to restrict the operation of engines and boilers to persons who hold certificates of competency as engine drivers, as crane or hoist drivers, or as boiler attendants.

Subordinate Legislation - Boilers and Pressure Vessels Regulation 1954, Machinery Regulation 1950

Dangerous Goods (Road Transport Act) 2009

The purpose of this Act is to regulate the transport of dangerous goods by road in order to promote public safety and protect property and the environment.

Subordinate Legislation - Dangerous Goods (Road Transport) Regulation 2010

Dangerous Substances Act 2004 The Dangerous Substances Act emphasises the importance of ensuring the safe handling of dangerous substances at all stages from import or manufacture to end use. The objects of the legislation emphasise the duties of care (“safety duties”) of people working with dangerous substances to take steps to minimise the risk of harm to themselves or others, property, and to the environment. The objects recognise the importance of ensuring that people are properly educated about risk minimisation procedures and that they have the skills and experience necessary to handle dangerous substances safely. The objects also recognise the importance of regulatory mechanisms, such as licensing, and authorisation and notification schemes, which ensure that people who deal with dangerous substances are properly qualified and can be held accountable for their actions.

Compensation

ActTopic

Workers Compensation Act 1951

The Act provides for the compensation of workers for injuries arising out of or in the course of their employment.

Subordinate Legislation - Workers Compensation Regulation 2002

Workplace Relations

ActTopic

Long Service Leave Act 1976

Under the Act, employees are entitled to just over six weeks of leave upon completion of at least seven years of continuous service. For each subsequent year of continuous service, employees accrue a further one fifth of a month of long service leave.

Please note that the Act does not apply to Public Sector employees or employees covered by the Public Service Act 1999.

Enforcement

ActTopic

Fuels Rationing Act 2019

The Act establishes a framework for approving, implementing and enforcing fuel rationing measures in the unlikely event of a fuel shortage.

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