WorkSafe ACT

Contributed by Anne Aziz-Parker, with Catherine Matthews and Richard Muir and current to March 2022.

Work Health and Safety Commissioner

Ms Jacqueline Agius is ACT Work Health and Safety Commissioner and Director of Workplace Protection Division of Access Canberra.

The ACT Work Health and Safety Commissioner is a statutory office holder appointed by the ACT Government under the Work Health and Safety Act 2011. The primary functions of the Work Health and Safety Commissioner are to:

• promote an understanding and acceptance of as well as compliance with the Work Health and Safety Act 2011 and associated laws
• undertake research and develop educational material for the purposes of promoting health and safety in the ACT
• advise the relevant Minister on matters pertaining to health and safety in the ACT.

ACT Work Health and Safety Council

The ACT Work Health and Safety Council is established under Part 2.1 of Schedule 2 of the Work Health and Safety Act 2011 and provides advice to the Minister for Workplace Safety and Industrial Relations on matters relating to work safety, workers compensation and bullying in the workplace and other workplace psychosocial issues.

The Minister appoints Council Members on a part-time basis for up to four years.

The Council comprises of 12 members: The ACT Work Health and Safety Commissioner, five members appointed by the Minister who are considered to represent the interest of employees, five members appointed by the Minister who are considered to represent the interest of employers and the public sector workers compensation commissioner.

Role of Work Health and Safety Inspectors

Work health and safety inspectors are responsible for enforcing the Work Health and Safety Act 2011 and the Work Health and Safety Regulation 2011. The work health and safety inspectors have wide-ranging powers to help them fulfil their functions. Inspectors have powers to:

• enter non-residential premises at any time during work hours without a warrant;
• conduct inspections and investigations;
• take samples, photographs, audio, video or other recordings and measurements;
• gather information, examine and copy documents;
• require that the workplace be left undisturbed;
• conduct interviews and make enquiries; and,
• issue notices to enforce compliance with obligations under the Work Health and Safety Act 2011.

Work health and safety inspectors investigate workplace incidents, and conduct workplace inspections to evaluate compliance, and where necessary enforce compliance, to assist relevant persons and organisations meet their work health and safety obligations under the Work Health and Safety Act 2011. At the same time, work health and safety inspectors have a primary role in providing advice and increasing awareness of persons with obligations under the Work Health and Safety Act 2011.

Visits by work health and safety inspectors to workplaces or work sites can be at random or may be part of targeted programs. A visit may be to investigate a complaint or incident, or to investigate an injury or death. Upon formal request by a person in control of a business or undertaking, an inspector may review provisional improvement notices issued by health and safety representatives. An inspector may also visit a workplace to promote better awareness of tools, processes and options for achieving a safe workplace.

When an inspector visits a workplace they will evaluate work health and safety issues and choose what action, if any, they can or need to take. The evaluation takes into account a number of factors including:

• the nature of any hazards and the risk to health and safety; and
• a workplace commitment to implementing systems that ensure effective and continuous improvement to work health and safety.

Internal Review of Decisions

Internal review allows an eligible person to seek review of a range of decisions made by inspectors when dealing with health and safety issues in workplaces and by other officers in relation to licences, registrations and authorisations. The service is free and the decisions which can be internally reviewed can be found in:

• Part 12 of the Work Health and Safety Act 2011; and,
• Chapter 11 of the Work Health and Safety Regulation 2011.

Each application for internal review must be in writing by completing an Application for internal review.

External Review of Decisions

If an eligible person is not satisfied with an internal review decision, they can apply to the ACT Civil and Administrative Tribunal (ACAT) for a review. A decision made by the regulator under the Work Health and Safety Act 2011 is also subject to external review. A decision made by the regulator under Part 11.2 of the Work Health and Safety Regulation 2011 (which deals with exemptions) can also be the subject of external review. ACAT can provide information and advice on the criteria and process for seeking an external review.