Work Health and Safety Act 2020 (WA)

Western Australia Work Health and Safety Act 2020 Western Australia Work Health and Safety Act 2020 Contents Part 1 — Preliminary Division 1 — Introduction 1. Short title 1 2. Commencement 1 Division 2 — Object 3. Object 1 Division 3 — Interpretation Subdivision 1 — Definitions 4. Definitions 1 Subdivision 2 — Other important terms 4A. Meaning of officer 1 5. Meaning of person conducting a business or undertaking 1 6. Meaning of supply 1 7. Meaning of worker 1 8. Meaning of workplace 1 9. Notes 1 Division 4 — Application of Act 10. Act binds Crown 1 11. Not used 1 12. Not used 1 Division 5 — Establishment of various offices and bodies 12A. Effect of Schedule 1 1 Part 2 — Health and safety duties Division 1 — Introductory Subdivision 1 — Principles that apply to duties 13. Principles that apply to duties 1 14. Duties not transferable 1 15. Person may have more than 1 duty 1 16. More than 1 person can have a duty 1 17. Management of risks 1 Subdivision 2 — What is reasonably practicable 18. What is reasonably practicable in ensuring health and safety 1 Division 2 — Primary duty of care 19. Primary duty of care 1 Division 3 — Further duties of persons conducting businesses or undertakings 20. Duty of persons conducting businesses or undertakings involving management or control of workplaces 1 21. Duty of persons conducting businesses or undertakings involving management or control of fixtures, fittings or plant at workplaces 1 22. Duties of persons conducting businesses or undertakings that design plant, substances or structures 1 23. Duties of persons conducting businesses or undertakings that manufacture plant, substances or structures 1 24. Duties of persons conducting businesses or undertakings that import plant, substances or structures 1 25. Duties of persons conducting businesses or undertakings that supply plant, substances or structures 1 26. Duty of persons conducting businesses or undertakings that install, construct or commission plant or structures 1 26A. Duty of persons conducting businesses or undertakings that provide services relating to work health and safety 1 Division 4 — Duty of officers, workers and other persons 27. Duty of officers 1 28. Duties of workers 1 29. Duties of other persons at the workplace 1 Division 5 — Offences and penalties Subdivision 1 — Preliminary 30. Terms used 1 Subdivision 2 — Industrial manslaughter 30A. Industrial manslaughter — crime 1 Subdivision 3 — Other offences and penalties 31. Failure to comply with health and safety duty — Category 1 1 32. Failure to comply with health and safety duty — Category 2 1 33. Failure to comply with health and safety duty — Category 3 1 Subdivision 4 — Exceptions 34. Volunteers and unincorporated associations 1 Part 3 — Incident notification 35. What is a notifiable incident 1 36. What is a serious injury or illness 1 37. What is a dangerous incident 1 38. Duty to notify of notifiable incidents 1 39. Duty to preserve incident sites 1 Part 4 — Authorisations Division 1 — Preliminary 40. Meaning of authorised 1 Division 2 — Requirements for authorisations 41. Requirements for authorisation of workplaces 1 42. Requirements for authorisation of plant or substance 1 43. Requirements for authorisation of work 1 Division 3 — Other requirements 44. Requirements for prescribed qualifications or experience 1 45. Requirement to comply with conditions of authorisation 1 Division 4 — Use of automated electronic systems for functions relating to authorisations 45A. Preliminary 1 45B. Use of automated electronic systems under authorisation provisions 1 45C. Replacing decision made by automated electronic system or re‑exercising or re‑performing authorisation function 1 Part 5 — Consultation, representation and participation Division 1 — Consultation, cooperation and coordination between duty holders 46. Duty to consult with other duty holders 1 Division 2 — Consultation with workers 47. Duty to consult workers 1 48. Nature of consultation 1 49. When consultation is required 1 Division 3 — Health and safety representatives Subdivision 1 — Request for election of health and safety representatives 50. Request for election of health and safety representative 1 Subdivision 2 — Determination of work groups 51. Determination of work groups 1 52. Negotiations for determination of work group 1 53. Notice to workers 1 54. Failure of negotiations 1 Subdivision 3 — Multiple business work groups 55. Determination of work groups of multiple businesses 1 56. Negotiation of agreement for work groups of multiple businesses 1 57. Notice to workers 1 58. Withdrawal from negotiations or agreement involving multiple businesses 1 59. Effect of Subdivision on other arrangements 1 Subdivision 4 — Election of health and safety representatives 60. Eligibility to be elected 1 61. Procedure for election of health and safety representatives 1 62. Eligibility to vote 1 63. When election not required 1 64. Term of office of health and safety representative 1 65. Disqualification of health and safety representatives 1 66. Immunity of health and safety representatives 1 67. Deputy health and safety representatives 1 Subdivision 5 — Powers and functions of health and safety representatives 68. Powers and functions of health and safety representatives 1 69. Powers and functions generally limited to the particular work group 1 Subdivision 6 — Obligations of person conducting business or undertaking to health and safety representatives 70. General obligations of person conducting business or undertaking 1 71. Exceptions from obligations under section 70(1) 1 72. Obligation to train health and safety representatives 1 73. Obligation to share costs if multiple businesses or undertakings 1 74. List of health and safety representatives 1 Division 4 — Health and safety committees 75. Health and safety committees 1 76. Constitution of committee 1 77. Functions of committee 1 78. Meetings of committee 1 79. Duties of person conducting business or undertaking 1 Division 5 — Issue resolution 80. Parties to an issue 1 81. Resolution of health and safety issues 1 82. Referral of issue to regulator for resolution by inspector 1 82A. Extension of deadline for making decision resolving issue 1 Division 6 — Right to cease or direct cessation of unsafe work 83. Definition of cease work under this Division 1 84. Right of worker to cease unsafe work 1 85. Health and safety representative may direct that unsafe work cease 1 86. Worker to notify if ceases work 1 87. Alternative work 1 88. Continuity of engagement of worker 1 89. Request to regulator to appoint inspector to assist 1 89A. Referral of issue about application of section 88 to Tribunal 1 Division 7 — Provisional improvement notices 90. Provisional improvement notices 1 91. Provisional improvement notice to be in writing 1 92. Contents of provisional improvement notice 1 93. Provisional improvement notice may include recommendations to remedy contravention 1 94. Minor changes to provisional improvement notice 1 95. Issue of provisional improvement notice 1 96. Health and safety representative may cancel notice 1 97. Display of provisional improvement notice 1 98. Formal irregularities or defects in notice 1 99. Offence to contravene a provisional improvement notice 1 100. Request for review of provisional improvement notice 1 101. Inspector to review notice 1 102. Decision of inspector on review of provisional improvement notice 1 Division 8 — Part not to apply to prisoners 103. Part does not apply to prisoners 1 Part 6 — Discriminatory, coercive and misleading conduct Division 1 — Prohibition on discriminatory, coercive or misleading conduct 104. Prohibition on discriminatory conduct 1 105. What is discriminatory conduct 1 106. What is a prohibited reason 1 107. Prohibition of requesting, instructing, inducing, encouraging, authorising or assisting discriminatory conduct 1 108. Prohibition of coercion or inducement 1 109. Misrepresentation 1 Division 2 — Criminal proceedings in relation to discriminatory conduct 110. Proof of discriminatory conduct 1 111. Order for compensation or reinstatement 1 Division 3 — Civil proceedings in relation to discriminatory or coercive conduct 112. Civil proceedings in relation to engaging in or inducing discriminatory or coercive conduct 1 113. Procedure for civil actions for discriminatory conduct 1 Division 4 — General 114. General provisions relating to orders 1 115. Prohibition on multiple actions 1 Part 7 — Not used Division 1 — Not used 116. Not used 1 Division 2 — Not used 117. Not used 1 118. Not used 1 119. Not used 1 120. Not used 1 Division 3 — Not used 121. Not used 1 122. Not used 1 Division 4 — Not used 123. Not used 1 124. Not used 1 125. Not used 1 126. Not used 1 127. Not used 1 128. Not used 1 129. Not used 1 130. Not used 1 Division 5 — Not used 131. Not used 1 132. Not used 1 133. Not used 1 134. Not used 1 135. Not used 1 136. Not used 1 137. Not used 1 138. Not used 1 139. Not used 1 140. Not used 1 Division 6 — Not used 141. Not used 1 142. Not used 1 143. Not used 1 Division 7 — Not used 144. Not used 1 145. Not used 1 146. Not used 1 147. Not used 1 148. Not used 1 Division 8 — Not used 149. Not used 1 150. Not used 1 151. Not used 1 Part 8 — The regulator Division 1 — Functions of regulator 152. Functions of regulator 1 153. Powers of regulator 1 154. Delegation by regulator 1 Division 2 — Powers of regulator to obtain information and require independent reports 155. Powers of regulator to obtain information 1 155A. Supplementary provisions relating to appearances 1 155B. Power of regulator to require independent report 1 155C. Powers to copy and retain documents 1 Part 9 — Securing compliance Division 1 — Appointment of inspectors 156. Appointment of inspectors 1 157. Identification of inspectors 1 158. Accountability of inspectors 1 159. Suspension and ending of appointment of inspectors 1 Division 2 — Functions and powers of inspectors 160. Functions and powers of inspectors 1 161. Conditions on inspectors' compliance powers 1 162. Inspectors subject to regulator's directions 1 Division 3 — Powers relating to entry Subdivision 1 — General powers of entry 163. Powers of entry 1 164. Notification of entry 1 165. General powers on entry under section 163 1 166. Persons assisting inspectors 1 Subdivision 2 — Entry warrants 166A. Terms used 1 166B. Entry to places under entry warrant 1 167. Applying for and issuing entry warrant 1 167A. Use of remote communication 1 167B. Effect and execution of entry warrant 1 167C. General powers when executing entry warrant 1 167D. Persons assisting inspectors 1 168. Not used 1 169. Not used 1 Subdivision 3 — Limitation on entry powers 170. Places used for residential purposes 1 Division 4 — Powers relating to documents and information 171. Power to require documents and answers to questions 1 172. Abrogation of privilege against self‑incrimination 1 173. Warning to be given 1 174. Powers to copy and retain documents 1 Division 5 — Seizure 175. Power to seize things 1 176. Inspector's power to seize dangerous workplaces and things 1 177. Powers supporting seizure 1 178. Receipt for seized things 1 178A. Inspecting, examining, analysing and testing seized things 1 179. Forfeiture of seized things 1 180. Return of seized things 1 181. Access to seized things 1 Division 6 — Damage 182. Damage etc. to be minimised 1 183. Inspector to give notice of damage 1 184. Not used 1 Division 7 — Other matters 185. Power to require name and address 1 186. Inspector may take affidavits 1 187. Not used 1 Division 8 — Offences in relation to inspectors 188. Offence to hinder or obstruct inspector 1 189. Offence to impersonate inspector 1 190. Offence to assault, threaten or intimidate inspector 1 Part 10 — Enforcement measures Division 1 — Improvement notices 191. Issue of improvement notices 1 192. Contents of improvement notice 1 193. Compliance with improvement notice 1 194. Extension of time for compliance with improvement notices 1 Division 2 — Prohibition notices 195. Power to issue prohibition notice 1 196. Contents of prohibition notice 1 197. Compliance with prohibition notice 1 Division 3 — Non‑disturbance notices 198. Issue of non‑disturbance notice 1 199. Contents of non‑disturbance notice 1 200. Compliance with non‑disturbance notice 1 201. Issue of subsequent notices 1 Division 4 — General requirements applying to notices 202. Application of Division 1 203. Notice to be in writing 1 204. Directions in notices 1 205. Recommendations in notice 1 206. Changes to notice by inspector 1 207. Regulator may vary or cancel notice 1 208. Formal irregularities or defects in notice 1 209. Issue and giving of notice 1 210. Display of notice 1 Division 5 — Remedial action 211. When regulator may carry out action 1 212. Power of regulator to take other remedial action 1 213. Costs of remedial or other action 1 Division 6 — Not used 214. Not used 1 215. Not used 1 Part 11 — Enforceable undertakings 216. Regulator may accept WHS undertakings 1 217. Notice of decision and reasons for decision 1 218. When a WHS undertaking is enforceable 1 219. Compliance with WHS undertaking 1 220. Contravention of WHS undertaking 1 221. Withdrawal or variation of WHS undertaking 1 222. Proceeding for alleged contravention 1 Part 12 — Review of decisions Division 1 — Reviewable decisions 223. Which decisions are reviewable 1 223A. Review applications by unions 1 Division 2 — Internal review 224. Application for internal review 1 225. Internal reviewer 1 226. Decision of internal reviewer 1 227. Decision on internal review 1 228. Stays of reviewable decisions on internal reviews 1 Division 3 — External review 229. Application for external review 1 229A. Conduct and outcome of external review 1 229B. Stays of decisions subject to external review 1 Part 13 — Legal proceedings Division 1 — General matters 229C. Terms used 1 230. Prosecutions 1 231. Procedure if prosecution is not brought 1 232. Limitation period for prosecutions 1 232A. Admission of evidence obtained unlawfully 1 233. Not used 1 Division 2 — Sentencing of offenders 234. Application of this Division 1 235. Orders generally 1 236. Adverse publicity orders 1 237. Orders for restoration 1 238. Work health and safety project orders 1 239. Release on the giving of a court‑ordered WHS undertaking 1 240. Not used 1 241. Training orders 1 242. Offence to fail to comply with order 1 Division 3 — Not used 243. Not used 1 Division 4 — Offences by bodies corporate 244. Imputing conduct to bodies corporate 1 Division 5 — The Crown Subdivision 1 — Prosecutions 244A. Crown may be prosecuted 1 244B. Prosecution against agent of Crown that is body corporate 1 244C. Prosecution of Crown in other cases 1 244D. Provisions applicable to responsible agency 1 244E. Proceedings where Crown agency has ceased to exist 1 244F. Penalties in proceedings against Crown 1 Subdivision 2 — Other matters 244G. Issue of notices to Crown 1 244H. Imputing conduct to Crown agency 1 245. Not used 1 246. Not used 1 247. Not used 1 248. Not used 1 Division 6 — Not used 249. Not used 1 250. Not used 1 251. Not used 1 252. Not used 1 253. Not used 1 Division 7 — Not used 254. Not used 1 255. Not used 1 256. Not used 1 257. Not used 1 258. Not used 1 259. Not used 1 260. Not used 1 261. Not used 1 262. Not used 1 263. Not used 1 264. Not used 1 265. Not used 1 266. Not used 1 Division 8 — Civil liability not affected by this Act 267. Civil liability not affected by this Act 1 Part 14 — General Division 1 — General provisions 268. Offence to give false or misleading information 1 269. Act does not affect legal professional privilege 1 270. Immunity from liability 1 271. Confidentiality of information 1 272. No contracting out 1 272A. No insurance or other indemnities against fines 1 273. Person not to levy workers 1 Division 2 — Codes of practice 274. Approved codes of practice 1 275. Use of codes of practice in proceedings 1 Division 3 — Regulation‑making powers 276. Regulation‑making powers 1 Division 4 — Review of Act 277. Operation of Act to be reviewed every 5 years 1 Part 15 — Repeals and consequential amendments Division 1 — Occupational safety and health legislation 278. Occupational Safety and Health Act 1984 repealed 1 279. Occupational Safety and Health Regulations 1996 repealed 1 Division 2 — Mines safety and inspection legislation Subdivision 1 — Mines Safety and Inspection Act 1994 amended 280. Act amended 1 281. Section 3 deleted 1 282. Section 4 amended 1 283. Section 4A deleted 1 284. Section 6A deleted 1 285. Section 7 amended 1 286. Parts 2 to 8 deleted 1 287. Sections 94 and 95 deleted 1 288. Section 96A deleted 1 289. Sections 98 to 99A deleted 1 290. Section 100 amended 1 291. Sections 100A and 101 deleted 1 292. Part 9 Divisions 2 and 3 deleted 1 293. Sections 102A and 103 deleted 1 294. Section 104 amended 1 295. Section 105A amended 1 296. Section 105AB amended 1 297. Sections 105 to 110 deleted 1 Subdivision 2 — Mines Safety and Inspection Regulations 1995 repealed 298. Mines Safety and Inspection Regulations 1995 repealed 1 Division 3 — Petroleum and geothermal energy legislation Subdivision 1 — Petroleum and Geothermal Energy Resources Act 1967 amended 299. Act amended 1 300. Section 5 amended 1 301. Section 7AA deleted 1 302. Section 112A amended 1 303. Section 119 amended 1 304. Section 126A amended 1 305. Part IIIA deleted 1 306. Section 153 amended 1 307. Schedule 1 deleted 1 Subdivision 2 — Petroleum and Geothermal Energy Safety Levies Act 2011 amended 308. Act amended 1 309. Long title amended 1 310. Section 3 amended 1 311. Sections 3A to 3E inserted 1 3A. Diving operation 1 3B. DSMS 1 3C. Geothermal energy operation 1 3D. Petroleum operation 1 3E. Safety case 1 312. Part 2 replaced 1 Part 2 — Safety levies Division 1 — Safety case levy 4. Safety case levy payable 1 5. Liability for payment of safety case levy 1 6. Amount of safety case levy 1 Division 2 — DSMS levy 7. DSMS levy payable 1 8. Liability for payment of DSMS levy 1 9. Amount of DSMS levy 1 313. Section 10 amended 1 314. Section 11 amended 1 315. Section 12 amended 1 316. Section 13 amended 1 317. Section 14 amended 1 318. Section 15 amended 1 319. Section 16 amended 1 320. Section 18 amended 1 321. Section 21 amended 1 322. Section 22 amended 1 323. Section 26 amended 1 Subdivision 3 — Petroleum Pipelines Act 1969 amended 324. Act amended 1 325. Section 4 amended 1 326. Section 5AA deleted 1 327. Section 32 replaced 1 32. Certain local laws not to apply to licensed pipelines 1 328. Section 36 amended 1 329. Part IVA deleted 1 330. Section 63 amended 1 331. Section 66BB amended 1 332. Section 67 amended 1 333. Schedule 1 deleted 1 Subdivision 4 — Petroleum (Submerged Lands) Act 1982 amended 334. Act amended 1 335. Section 4 amended 1 336. Section 4A inserted 1 4A. Meaning of facility and offshore petroleum operation 1 337. Part IIA deleted 1 338. Section 97 amended 1 339. Section 119 amended 1 340. Section 137A amended 1 341. Part IIIA deleted 1 342. Section 152 amended 1 343. Schedule 3 amended 1 344. Schedule 5 deleted 1 Subdivision 5 — Various regulations repealed 345. Regulations under Petroleum and Geothermal Energy Resources Act 1967 repealed 1 346. Regulations under Petroleum and Geothermal Energy Safety Levies Act 2011 repealed 1 347. Regulations under Petroleum Pipelines Act 1969 repealed 1 348. Regulations under Petroleum (Submerged Lands) Act 1982 repealed 1 Division 4 — Other consequential amendments Subdivision 1 — Building and Construction Industry Training Fund and Levy Collection Act 1990 amended 349. Act amended 1 350. Section 8 amended 1 Subdivision 2 — Constitution Acts Amendment Act 1899 amended 351. Act amended 1 352. Schedule V amended 1 Subdivision 3 — Fair Trading Act 2010 amended 353. Act amended 1 354. Schedule 1 amended 1 Subdivision 4 — Health (Miscellaneous Provisions) Act 1911 amended 355. Act amended 1 356. Section 246B amended 1 Subdivision 5 — Industrial Relations Act 1979 amended 357. Act amended 1 358. Section 7 amended 1 359. Section 8 amended 1 360. Section 16 amended 1 361. Section 49I amended 1 362. Section 113 amended 1 Subdivision 6 — Local Government Act 1995 amended 363. Act amended 1 364. Section 5.40 amended 1 Subdivision 7 — Public Sector Management Act 1994 amended 365. Act amended 1 366. Section 8 amended 1 367. Section 29 amended 1 Subdivision 8 — Workers' Compensation and Injury Management Act 1981 amended 368. Act amended 1 369. Section 47 deleted 1 370. Section 48 amended 1 371. Section 95 amended 1 372. Section 100B amended 1 Part 16 — Transitional provisions Division 1 — Preliminary 373. Terms used 1 374. Application of Interpretation Act 1984 not affected 1 375. Continued application of enactments 1 376. Transitional regulations 1 Division 2 — General saving in relation to certain matters 377. Enactments to continue to apply in relation to certain matters occurring before commencement day 1 Division 3 — Office holders and bodies 378. WorkSafe Commissioner 1 379. Chief Inspector of Mines 1 380. Members of Work Health and Safety Commission 1 381. First annual report of Work Health and Safety Commission 1 382. Continuation of Mining Industry Advisory Committee 1 383. Continuation of other advisory committees 1 Division 4 — Health and safety duties Subdivision 1 — Designers 384. Section 22 applies only if designing starts on or after commencement day 1 385. Continued application of repealed enactments relating to designers 1 Subdivision 2 — Manufacturers 386. Plant, substance or structure manufactured in batch 1 387. Section 23 applies only if manufacturing starts on or after commencement day 1 388. Continued application of repealed enactments relating to manufacturers 1 Subdivision 3 — Importers 389. Section 24 not to apply if importation process starts before commencement day 1 390. Continued application of repealed enactments relating to importers 1 Subdivision 4 — Suppliers 391. Start of supply 1 392. Section 25 not to apply if supply started before commencement day 1 393. Continued application of repealed enactments relating to suppliers 1 Subdivision 5 — Persons who install, construct or commission plant or structures 394. Section 26 not to apply if installing, constructing or commissioning occurs before commencement day 1 395. Continued application of repealed enactments relating to persons who install or construct plant or structures 1 Division 5 — Health and safety representatives Subdivision 1 — Preliminary 396. Terms used 1 Subdivision 2 — Main provisions 397. Safety and health representatives elected before commencement day 1 398. Elections in process before commencement day 1 399. Disqualifications 1 400. Functions and powers under repealed enactments 1 Division 6 — Health and safety committees Subdivision 1 — Preliminary 401. Term used 1 Subdivision 2 — Main provisions 402. Safety and health committees in place before commencement day 1 403. Process to establish safety and health committee started before commencement day 1 Division 7 — Issue resolution 404. Part 5 Division 5 to apply to unresolved issues arising before commencement day 1 405. Continued application of enactments relating to issue resolution 1 Division 8 — The regulator 406. Continuing powers and functions under OSHA 1 407. Continuing powers and functions under MSIA 1 408. Continuing powers and functions under petroleum and geothermal energy legislation 1 409. Delegation 1 Division 9 — Inspectors 410. Inspectors under OSHA 1 411. Inspectors under MSIA 1 412. Inspectors under PGERA 1 413. Inspectors under PPA 1 414. Inspectors under P(SL)A 1 415. Application of sections 161 and 162 1 Division 10 — Legal proceedings 416. Jurisdiction of Occupational Safety and Health Tribunal to be exercised by Tribunal 1 417. Jurisdiction of safety and health magistrates to be exercised by health and safety magistrates 1 Division 11 — Other matters 418. Notifiable incidents 1 419. Independent studies at mines 1 420. Codes of practice 1 421. Protections from personal liability 1 Division 12 — Levies Subdivision 1 — Mines safety and inspection levy 422. Administration costs 1 423. Mines Safety and Inspection Levy Regulations 2010 1 Subdivision 2 — Petroleum and geothermal energy safety levies 424. Administration costs 1 425. Petroleum and Geothermal Energy Safety Levies Act 2011 to continue to apply to past levy periods 1 Schedule 1 — Various offices and bodies Division 1 — WorkSafe Commissioner 1. Appointment of WorkSafe Commissioner 1 2. Functions of WorkSafe Commissioner and relationship with Minister and WHS department 1 3. Vacation of office of WorkSafe Commissioner 1 4. Acting WorkSafe Commissioner 1 Division 2 — Chief Inspector of Mines and Chief Inspector Petroleum Safety 5. Appointment of Chief Inspector of Mines and Chief Inspector Petroleum Safety 1 6. Functions of Chief Inspector of Mines and Chief Inspector Petroleum Safety 1 7. Vacation of office of Chief Inspector of Mines or Chief Inspector Petroleum Safety 1 8. Acting Chief Inspector of Mines or Acting Chief Inspector Petroleum Safety 1 Division 3 — Work Health and Safety Commission Subdivision 1 — Preliminary 9. Terms used 1 Subdivision 2 — Main provisions 10. Establishment of Work Health and Safety Commission 1 11. Deputy chairperson 1 12. Vacation of office of appointed members 1 13. Acting members 1 14. Terms and conditions of appointed members 1 15. Leave of absence 1 16. Casual vacancies 1 17. Meetings of Commission 1 18. Functions of Commission 1 19. Advisory committees 1 20. Annual report 1 21. Staff to assist Commission 1 Division 4 — Mining and Petroleum Advisory Committee Subdivision 1 — Preliminary 22. Terms used 1 Subdivision 2 — Main provisions 23. Establishment of Mining and Petroleum Advisory Committee 1 24. Functions of Committee 1 25. Annual report and staff 1 Division 5 — Work Health and Safety Tribunal Subdivision 1 — Preliminary 26. Terms used 1 Subdivision 2 — Main provisions 27. Establishment of Work Health and Safety Tribunal 1 28. Jurisdiction to be exercised by commissioner with requisite qualifications 1 29. Practice, procedure and appeals 1 30. Conciliation 1 31. Certain matters to be heard together 1 Schedule 2 — Regulation‑making powers 1. Duties 1 2. Incidents 1 3. Plant, substances or structures 1 4. Protection and welfare of workers 1 5. Hazards and risks 1 6. Records and notices 1 7. Authorisations 1 8. Work groups 1 9. Health and safety committees and health and safety representatives 1 10. Issue resolution 1 11. Identification of inspectors 1 12. Forfeiture 1 13. Review of decisions 1 Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Western Australia Work Health and Safety Act 2020 An Act — • to make provision about, and in connection with — • the health and safety of workers; and • health and safety at workplaces; and • risks to health and safety arising from work; and • to make consequential and related amendments to, and repeals of, various written laws; and • for related purposes.