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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Occupational Safety and Health Amendment
Bill 2002
CONTENTS
1. Short title 1
2. Commencement 2
3. The Act amended 2
4. Section 3 amended 2
5. Section 4 amended 3
6. Section 4A inserted 3
7. Section 43 amended 5
8. Election of safety and health representatives by police
officers before the commencement of this Act 5
page i
110--1
Western Australia
LEGISLATIVE ASSEMBLY
Occupational Safety and Health Amendment
Bill 2002
A Bill for
An Act to amend the Occupational Safety and Health Act 1984 to
extend its operation to police officers, and for related purposes.
The Parliament of Western Australia enacts as follows:
1. Short title
This Act may be cited as the Occupational Safety and Health
Amendment Act 2002.
page 1
Occupational Safety and Health Amendment Bill 2002
s. 2
2. Commencement
(1) This Act, other than the provision set out in subsection (2),
comes into operation on the last day of the period of 12 months
after the day on which it receives the Royal Assent.
5 (2) Section 8 comes into operation on the day on which this Act
receives the Royal Assent.
3. The Act amended
The amendments in this Act are to the Occupational Safety and
Health Act 1984*.
10 [* Reprinted as at 22 March 1999.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 260.]
4. Section 3 amended
(1) Section 3(1) is amended by inserting the following definitions in
15 the appropriate alphabetical positions --
"
"Commissioner of Police" means the person holding
the office of Commissioner of Police under the
Police Act 1892;
20 "police officer" means a person appointed --
(a) under Part I of the Police Act 1892 to be a
member of the Police Force of Western
Australia;
(b) under Part III of the Police Act 1892 to be a
25 special constable; or
(c) under Part IIIA of the Police Act 1892 to be
an aboriginal aide;
"WA Police" means the Police Force of Western
Australia provided for by the Police Act 1892;
30 ".
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Occupational Safety and Health Amendment Bill 2002
s. 5
(2) After section 3(3) the following subsections are inserted --
"
(4) For the purposes of this Act, a police officer is to be
treated as an employee of the Crown.
5 (5) Without limiting any other provision of this Act, a
police officer is at work during any period of time
when the officer is performing a function of a police
officer, whether or not the officer is rostered on duty
and, in relation to a police officer, the expressions
10 "work" and "at work" are to be construed accordingly.
".
5. Section 4 amended
After section 4(1) the following subsection is inserted --
"
15 (1a) The functions that the Crown has under this Act because
a police officer is to be treated as an employee of the
Crown are, so far as they concern a police officer, to be
performed by the Commissioner of Police.
".
20 6. Section 4A inserted
After section 4 the following section is inserted --
"
4A. Act does not operate to affect adversely certain
police operations
25 (1) In this section --
"covert operation" means the performance of a
function of a police officer in circumstances
where --
(a) a covert operation is undertaken by
30 WA Police for the purpose of obtaining
information about criminal activity;
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Occupational Safety and Health Amendment Bill 2002
s. 6
(b) performance of the function is not
practicable without exposing a police officer
to a risk of imminent and serious injury or
imminent and serious harm to the police
5 officer's health; and
(c) unless the performance of the function is
secret or confidential, it would be likely
that --
(i) the effectiveness of the performance of
10 the function is reduced; or
(ii) a person is exposed to the danger of
physical harm arising from the actions
of another person;
"dangerous operation" means the performance of a
15 function of a police officer in circumstances where
performance of that function --
(a) is reasonably necessary; and
(b) is not practicable without exposing a police
officer to a risk of imminent and serious
20 injury or imminent and serious harm to the
police officer's health.
(2) A police officer cannot refuse to work as mentioned in
section 26(1) if the refusal to work would adversely
affect, or could reasonably be expected to affect
25 adversely, a covert operation or a dangerous operation.
(3) An inspector cannot issue a prohibition notice under
section 49(1) to prohibit an activity if prohibiting the
carrying on of the activity would adversely affect, or
could reasonably be expected to affect adversely, a
30 covert operation or a dangerous operation.
".
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Occupational Safety and Health Amendment Bill 2002
s. 7
7. Section 43 amended
Section 43(3) is amended by inserting after "work or work
process" --
"
5 or affecting adversely a covert operation within the
meaning of section 4A(1)
".
8. Election of safety and health representatives by police
officers before the commencement of this Act
10 (1) In this section --
"commencement day" means the day on which this Act comes
into operation;
"police officer" has the same meaning as it has in section 3(1)
of the Occupational Safety and Health Act 1984 on and
15 after the commencement day;
"transition period" means the period of 9 months ending
immediately before the commencement day.
(2) The provisions listed in the Table to this subsection are to be
treated as being in operation during the transition period for the
20 purposes of allowing police officers to elect safety and health
representatives for a workplace and for the training of those
representatives during that period.
Table
1. This Act
s. 4
s. 5
2. Occupational Safety and Health Act 1984
s. 3(1) s. 32(2)(b) and (c)
s. 29 s. 35(1)(e)
s. 30 s. 35(3)(b)
s. 31 s. 56(1)
s. 32(1)
3. Occupational Safety and Health Regulations 1996
r. 2.2
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Occupational Safety and Health Amendment Bill 2002
s. 8
(3) The term of a safety and health representative elected before the
commencement day begins, for the purpose of section 32(1) of
the Occupational Safety and Health Act 1984, on the
commencement day.
5 (4) Despite subsection (3), regulation 2.2(3) of the Occupational
Safety and Health Regulations 1996 applies to a safety and
health representative elected before the commencement day in
relation to the first 12 months of being so elected.
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