Safe Work Australia Act 2008 (Cth)

Safe Work Australia Act 2008

No. 84, 2009

Compilation No. 6

Compilation date: 21 September 2023

Includes amendments up to: Act No. 9, 2023

Registered: 26 September 2023

About this compilation

This compilation

This is a compilation of the Safe Work Australia Act 2008 that shows the text of the law as amended and in force on 21 September 2023 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents Part 1—Preliminary 1 Short title 2 Commencement 3 What this Act is about 4 Definitions Part 2—Establishment and functions of Safe Work Australia 5 Establishment 5A Object 6 Functions 7 Performance of functions 8 Immunities and privileges Part 3—Membership of Safe Work Australia Division 1—What this Part is about 9 What this Part is about Division 2—Membership and appointment 10 Membership of Safe Work Australia 11 Appointment of the Chair 12 Appointment of acting Chair 13 Appointment of the Commonwealth representative 14 Appointment of each State and Territory representative 15 Appointment of workers' representatives 16 Appointment of employers' representatives Division 3—Terms and conditions of voting members Subdivision A—Terms and conditions that apply to all voting members 17 Basis and period of appointment of all voting members 18 Disclosure of interests 19 Resignation of voting members 20 Termination of appointment of voting members Subdivision B—Terms and conditions that apply only to the Chair 21 Remuneration of the Chair 22 Leave of absence of the Chair 23 Other terms and conditions of the Chair Subdivision C—Terms and conditions etc. that apply only to other voting members 24 Leave of absence of other voting members 25 Application of the Remuneration Tribunal Act Part 4—Planning by Safe Work Australia Division 1—What this Part is about 26 What this Part is about Division 2—Corporate plan for Safe Work Australia 27 Draft corporate plan 28 Approval of draft corporate plan Division 3—Operational plan of Safe Work Australia 29 CEO to prepare a draft operational plan 30 Approval of draft operational plan Division 4—WHS Ministers' directions to alter corporate or operational plans 31 WHS Ministers' directions to alter corporate plan 32 WHS Ministers' directions to alter operational plan Part 5—Decision‑making by Safe Work Australia Division 1—What this Part is about 33 What this Part is about Division 2—Meetings of Safe Work Australia 34 Holding of meetings 35 Presiding at meetings 36 Substitution of voting members at meetings 37 Quorum at meetings 38 Decisions at meetings etc. 39 Conduct of meetings 41 Minutes Division 3—Decisions without meetings 42 Decisions without meetings Part 6—The CEO, staff and committees of Safe Work Australia, and others assisting Division 1—What this Part is about 43 What this Part is about Division 2—The CEO of Safe Work Australia Subdivision A—Functions of the CEO 44 The CEO 45 Functions of the CEO 46 Directions from the Minister 48 Directions from Safe Work Australia 49 CEO to keep Safe Work Australia informed Subdivision B—Appointment of the CEO 50 Appointment of CEO 51 Appointment of acting CEO Subdivision C—Terms and conditions of the CEO 52 Remuneration of the CEO 53 Leave of absence of the CEO 54 Other employment of the CEO 56 Resignation of the CEO 57 Termination of appointment of the CEO 58 Other terms and conditions of the CEO Division 3—Staff and committees of Safe Work Australia, and others assisting it Subdivision A—Staff of Safe Work Australia 59 Staff of Safe Work Australia Subdivision B—Committees of Safe Work Australia 60 Committees of Safe Work Australia Subdivision C—Others assisting Safe Work Australia 61 Persons assisting Safe Work Australia 62 Consultants Part 7—The Safe Work Australia Special Account 63 What this Part is about 64 The Safe Work Australia Special Account 65 Credits to the Account 66 Purposes of the Account Part 7A—Information‑gathering powers 66A Simplified outline of this Part 66B CEO may obtain information Part 8—Miscellaneous 67 Delegation by Safe Work Australia 68 Delegation by the CEO of Safe Work Australia 69 How WHS Ministers give directions etc. 70 Annual report 71 Intergovernmental Agreement to be available on the Internet 72 Review of Safe Work Australia's role and functions 73 Regulations Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act to establish Safe Work Australia, and for related purposes