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This is a Bill, not an Act. For current law, see the Acts databases.
WESTERN AUSTRALIA
PETROLEUM SAFETY BILL 1998
ARRANGEMENT
Page
PART 1 -- PRELIMINARY
1. Short title 2
2. Commencement 2
3. Definitions 2
4. Meaning of ''petroleum operation'' 8
5. Meaning of ''petroleum site'' 9
6. Meaning of ''serious harm'' 10
7. Crown bound 10
8. Application of this Act (including regulations made
under this Act) 10
9. Inconsistent laws 11
10. Power to exempt 11
11. Notes not part of Act 11
12. Title holders for petroleum sites within the State or
in State coastal waters to appoint operator etc. 12
No. 124 -- 1
Petroleum Safety Bill 1998
PART 2 -- GENERAL DUTIES RELATING TO SAFETY AND
HEALTH AT PETROLEUM SITES
13. Duties of title holders 13
14. Duties of operator 14
15. Duties of employers 14
16. Duties of persons who engage others under contract 15
17. Duties of employees 16
18. Duties of self-employed persons and employers 17
19. Duties of manufacturers etc. 18
20. Duties under this Part apply in addition to other
duties under the Act (including regulations made
under the Act) 20
21. Person not liable to be punished twice 20
PART 3 -- ADMINISTRATION OF ACT
Division 1 -- Appointment of persons
22. The State Petroleum Director 21
23. Delegation of State Petroleum Director's functions 21
24. Appointment of inspectors 21
Division 2 -- Inspectors
25. Powers of inspectors 22
26. Power to give directions 25
27. Use and misuse of information by inspectors and
assistants 26
28. Certificates of appointment 28
29. Provision of means of travel for inspection etc. 28
30. Obstruction etc. 29
31. False or misleading answers and information 30
32. Compliance with inspector's directions 30
33. Objecting to inspector's directions 32
34. State Petroleum Director may revoke inspector's
direction 32
35. Arbitration concerning direction 33
36. Proceedings for offences for contravening directions or
awards 34
37. Contracts and directions or awards 34
ii
Petroleum Safety Bill 1998
PART 4 -- SAFETY CASES
38. Safety case -- a strategy for dealing with safety
issues 35
39. Application 35
40. Certain work at petroleum sites to comply with, and
not to begin without, relevant safety case 35
41. Prescribed matters as to safety cases 36
42. Consultation in preparation of safety case 37
43. Duties under this Part and regulations under this
Part apply in addition to other duties under the Act
(including regulations made under the Act) 37
PART 5 -- SAFETY AND HEALTH REPRESENTATIVES AND
COMMITTEES
Division 1 -- Safety and health representatives
44. Functions of safety and health representatives 38
45. Notice requiring election of safety and health
representative 40
46. Consultation on election matters 40
47. Election of safety and health representatives 41
48. Terms of office 43
49. Disqualification of safety and health representatives 43
50. Operator to ensure safety of safety and health
representative during inspections 46
51. Duties of employers, self-employed persons and the
operator regarding safety and health representatives 46
52. Medical information about employees to be
confidential 49
53. Regulations regarding time off work for safety and
health representatives 49
Division 2 -- Safety and health committees
54. Functions of safety and health committees 51
55. Request for safety and health committee to be
established 52
56. Establishment of safety and health committee 53
iii
Petroleum Safety Bill 1998
57. Composition of safety and health committee 54
58. Review of State Petroleum Director's decision 56
59. Procedure of safety and health committees 57
Division 3 -- Discrimination
60. Discrimination 57
PART 6 -- DEALING WITH SAFETY AND HEALTH
61. Resolution of issues at the petroleum site 59
62. Inspector may be notified if issue unresolved 60
63. Refusal by employee to work in certain cases 61
64. Assignment of other work 62
65. Entitlements to continue 62
66. Offences -- refusal to work 63
PART 7 -- SPECIFIC MATTERS RELATING TO SAFETY AND
HEALTH
Division 1 -- Health surveillance
67. Health surveillance of employees 65
Division 2 -- Reporting, records and accident sites
68. Application 65
69. Reporting accidents and diseases 66
70. Reporting certain occurrences 67
71. Reporting potentially hazardous events 68
72. Accident records 68
73. Place of accident not to be disturbed 70
PART 8 -- MINISTERIAL SAFETY AND HEALTH POWERS
74. Interpretation 71
75. Petroleum Safety Advisory Board 71
76. Board's functions and procedure 72
iv
Petroleum Safety Bill 1998
77. Minister may publish report 73
78. Delegation of ministerial functions 73
79. Codes of practice 73
PART 9 -- LEGAL PROCEEDINGS
80. Jurisdiction of safety and health magistrate 76
81. Offence proceedings to be determined by safety and
health magistrate 76
82. Proceedings to be taken by inspector or authorized
officer 76
83. Time limit for prosecutions 77
84. Evidentiary provisions 77
85. Vicarious responsibility of operators and employers 79
86. Offences by corporations 80
87. Continuing offences 80
PART 10 -- MISCELLANEOUS
88. Protection from liability 81
89. False or misleading entries in records 81
90. Regulations 82
91. Publication of regulations at petroleum site 83
92. Consequential amendments 83
93. Review of Act 83
SCHEDULE 1 -- SUBJECT MATTER FOR REGULATIONS 85
SCHEDULE 2 -- CONSEQUENTIAL AMENDMENTS 89
v
WESTERN AUSTRALIA
LEGISLATIVE ASSEMBLY
PETROLEUM SAFETY BILL 1998
A BILL FOR
AN ACT relating to the safety and health of persons at,
and in respect of, petroleum sites and for related
purposes.
The Parliament of Western Australia enacts as follows:
1
Petroleum Safety Bill 1998
cl. 1
PART 1 -- PRELIMINARY
Short title
1. This Act may be cited as the Petroleum Safety Act 1998.
Commencement
5 2. The provisions of this Act come into operation on such day as
is fixed by proclamation.
Definitions
3. In this Act, unless the contrary intention appears --
''access authority'' means an access authority within the
10 meaning of a petroleum law;
''Board'' means the Petroleum Safety Advisory Board
established under section 75;
''code of practice'' means a code of practice approved
under section 79;
15 ''Commonwealth-State offshore area'' means the
adjacent area in respect of Western Australia
determined in accordance with section 5A of the
Petroleum (Submerged Lands) Act 1967 of the
Commonwealth and includes the space above and
20 below the adjacent area deemed by that Act to be in
that area;
''department'' means the department of the Public Service
of the State principally assisting the Minister in the
administration of this Act;
2
Petroleum Safety Bill 1998
cl. 3
''drilling reservation'' means a drilling reservation within
the meaning of the Petroleum Act 1967;
''employee'' means a person who works at a petroleum site
under a contract of employment or apprenticeship;
5 ''employer'' means a person who employs an employee to
work at a petroleum site under a contract of
employment or apprenticeship;
''hazard'', in relation to a person, means anything that may
result in injury to the person or harm to the health of
10 the person;
''inspector'' means a person who is --
(a) a safety inspector; or
(b) a special inspector;
''lease'' means a lease within the meaning of a petroleum
15 law;
''licence'' means a licence within the meaning of a
petroleum law;
''operator'' --
(a) in relation to a facility within the meaning of the
20 Petroleum (Submerged Lands) (Management of
Safety on Offshore Facilities) Regulations 1996 of
the Commonwealth, has the meaning that it has
in those regulations;
(b) in relation to a petroleum site in an area other
25 than the Commonwealth-State offshore area,
means the person recorded under section 12 (2)
as the operator of the site;
3
Petroleum Safety Bill 1998
cl. 3
''permit'' means a permit within the meaning of a
petroleum law;
''petroleum'' means --
(a) a naturally occurring hydrocarbon, whether in a
5 gaseous, liquid or solid state;
(b) a naturally occurring mixture of hydrocarbons,
whether in a gaseous, liquid or solid state; or
(c) a naturally occurring mixture of one or more
hydrocarbons, whether in a gaseous, liquid or
10 solid state, and any one or more of hydrogen
sulphide, nitrogen, helium and carbon dioxide,
and includes petroleum as defined by paragraph (a),
(b) or (c) that has been returned to a natural reservoir;
''petroleum authorization'' means --
15 (a) a permit, drilling reservation, lease, licence,
pipeline licence, access authority or special
prospecting authority that is granted, renewed,
extended or continued (whether as the same or a
different kind of petroleum authorization) under
20 a petroleum law; or
(b) a direction given under, or an instrument of
consent provided for the purposes of, a petroleum
law;
''petroleum law'' means the --
25 (a) Petroleum Act 1967;
(b) Petroleum Pipelines Act 1969;
(c) Petroleum (Submerged Lands) Act 1982; or
4
Petroleum Safety Bill 1998
cl. 3
(d) Petroleum (Submerged Lands) Act 1967 of the
Commonwealth as it applies in respect of the
Commonwealth-State offshore area;
''petroleum operation'' has the meaning given by
5 section 4;
''petroleum site'' has the meaning given by section 5;
''pipeline licence'' means a pipeline licence within the
meaning of the Petroleum (Submerged Lands)
Act 1982 or the Petroleum (Submerged Lands)
10 Act 1967 of the Commonwealth;
''plant'' includes machinery, equipment, appliance,
implement, or tool and a component or fitting of or
accessory to any of those things;
''practicable'' means reasonably practicable having regard,
15 if the context permits, to --
(a) the severity of potential injury or harm to health
that may be involved and the degree of risk of
the injury or harm occurring;
(b) the state of knowledge about --
20 (i) the injury or harm referred to in
paragraph (a);
(ii) the risk of the injury or harm occurring;
and
(iii) the means of removing or mitigating the
25 potential injury or harm;
and
(c) the availability, suitability, and cost of the
means referred to in paragraph (b) (iii);
5
Petroleum Safety Bill 1998
cl. 3
''public service officer'' has the meaning that it has in
the Public Sector Management Act 1994;
''risk'', in relation to an injury or harm, means the
probability of the injury or harm occurring;
5 ''safety and health committee'' means a safety and
health committee established under section 56;
''safety and health magistrate'' means a person holding
office as a safety and health magistrate under
section 51B of the Occupational Safety and Health
10 Act 1984;
''safety and health representative'' means a safety and
health representative elected under section 47;
''safety inspector'' means a safety inspector referred to in
section 24 (1);
15 ''self-employed person'' means a person who works at a
petroleum site for gain or reward otherwise than
under a contract of employment or apprenticeship,
whether or not the person employs another person;
''serious harm'' has the meaning given by section 6;
20 ''serious injury'', in relation to a person, means an
injury --
(a) resulting, or likely to result, in the person's
being disabled from working in the person's
ordinary occupation for 2 weeks or more; or
25 (b) involving unconsciousness in the person arising
from inhalation of fumes or poisonous gases or
asphyxiation because of lack of oxygen or
displacement of oxygen by an inert gas;
6
Petroleum Safety Bill 1998
cl. 3
''serious property damage'' means --
(a) loss or destruction of property with a value of
more than $20 000 or another amount that is
prescribed for the purposes of this paragraph; or
5 (b) property damage the repair costs for which
would be more than $20 000 or another amount
that is prescribed for the purposes of this
paragraph;
''site'' means a petroleum site;
10 ''special inspector'' means a special inspector referred to
in section 24 (2) and includes a person designated as a
special inspector under section 24 (4);
''special prospecting authority'' means a special
prospecting authority within the meaning of a
15 petroleum law;
''State coastal waters'' means the adjacent area within
the meaning of the Petroleum (Submerged Lands)
Act 1982 and includes the space above and below the
adjacent area deemed by that Act to be in that area;
20 ''State Petroleum Director'' means the person who for
the time being holds, or acts in, the office referred to
in section 22;
''supply'', in relation to plant or a substance, includes
supply or re-supply by way of sale, exchange, lease,
25 hire, or hire-purchase, whether as principal or agent;
''title holder'', in relation to a petroleum site, means a
person who has a petroleum authorization in relation
to the site;
7
Petroleum Safety Bill 1998
cl. 4
''trade union'' means --
(a) an organization within the meaning of the
Industrial Relations Act 1979; or
(b) an organisation registered under the Workplace
5 Relations Act 1996 of the Commonwealth and
having employees as some or all of its members,
or a branch of that kind of organization;
''workplace'', in relation to a petroleum site, means a
place, whether or not in a vehicle, vessel, building, or
10 other structure, where an employee works or is likely
to be in the course of his or her work, but does not
include catering, residential, or recreational facilities
for the employee except in the case of an employee
who is employed to service and maintain, or otherwise
15 work in, that kind of facility, but this exception only
applies to the period in which that employee is so
working in the facility.
Meaning of ''petroleum operation''
4. (1) In this Act a reference to a petroleum operation is a
20 reference to any thing --
(a) required by a petroleum law not to be done unless a
petroleum authorization is in force in relation to the
doing of the thing;
(b) authorized or required to be done under a petroleum
25 authorization; or
(c) declared under subsection (2) to be a petroleum
operation.
Note: The rights conferred by petroleum authorizations can include, for example,
the authority (subject to the relevant petroleum law, regulations and in
30 accordance with conditions to which the authorization is subject) to explore
or drill for, or recover, petroleum; to carry on (in an area to which the
authorization applies) such operations and execute such works as are
necessary for the authorized purpose or as are specified in the
authorization; and to transport petroleum by pipeline.
8
Petroleum Safety Bill 1998
cl. 5
(2) The Minister may, by order published in the Gazette,
declare any operation other than an operation referred to in
subsection (1) (a) or (b) to be a petroleum operation for the
purposes of this Act.
5 (3) In an order under subsection (2), the Minister may
exempt the operation from such provisions of this Act as are
specified in the order and may impose conditions under which the
operation is to be conducted.
(4) This Act applies to an operation referred to in an order
10 under subsection (2) as a petroleum operation subject to the
terms of the order.
Meaning of ''petroleum site''
5. (1) A reference in this Act to a petroleum site is a
reference to a place at which a petroleum operation is conducted
15 and, if a petroleum operation is being conducted in conjunction
with another petroleum operation at 2 or more places, those
places are to be treated as constituting one petroleum site unless
the State Petroleum Director notifies the operator in writing
otherwise in accordance with subsection (2).
20 (2) If a petroleum operation is being conducted in
conjunction with another petroleum operation at 2 or more places
then the State Petroleum Director may notify the operator in
writing that one or more of those places, as specified in the
notice, is to be treated as a separate petroleum site for the
25 purposes of this Act.
(3) Unless the contrary intention appears, a reference in this
Act to a petroleum site includes a reference to a part of a
petroleum site.
9
Petroleum Safety Bill 1998
cl. 6
Meaning of ''serious harm''
6. For the purposes of sections 44 (1) (b), 62 (1), 63 (1) and (5)
and 70 (1) a matter causes serious harm to a person if it causes
the person to have a disease of a nature that --
5 (a) endangers, or is likely to endanger, the person's life;
or
(b) results, or is likely to result, in a long term adverse
effect on the person's health.
Crown bound
10 7. This Act binds the Crown.
Application of this Act (including regulations made under
this Act)
8. Unless otherwise specified, this Act applies to a petroleum
site --
15 (a) in any part of the State to which the Petroleum
Act 1967 or the Petroleum Pipelines Act 1969 applies;
(b) in the State coastal waters; or
(c) in the Commonwealth-State offshore area (except to
the extent to which this Act is inconsistent with a
20 Commonwealth law).
Notes: 1. As to the State's capacity to legislate in respect of the State coastal
waters see the Coastal Waters (State Powers) Act 1980 of the
Commonwealth section 5.
2. As to the State's capacity to legislate in respect of the
25 Commonwealth-State offshore area see the Petroleum (Submerged
Lands) Act 1967 of the Commonwealth sections 9 and 140H (2).
10
Petroleum Safety Bill 1998
cl. 9
Inconsistent laws
9. If a provision of this Act is inconsistent with a provision of
the Radiation Safety Act 1975, the latter provision prevails to the
extent of the inconsistency.
5 Power to exempt
10. (1) The Minister may, by order published in the
Gazette --
(a) exempt a petroleum site or class of petroleum site --
(i) from the provisions of this Act that are specified
10 in the order; and
(ii) for the period specified in the order;
and
(b) amend or repeal an order made under paragraph (a).
(2) An exemption given for the purposes of this section is of
15 no effect at any time when a condition imposed in relation to the
exemption is being contravened.
(3) Section 42 of the Interpretation Act 1984 applies to an
order under subsection (1) as if the order were regulations within
the meaning of that Act, except that the reference in
20 section 42 (1) of that Act to 6 sitting days is, for the purposes of
its application to the order, to be construed as a reference to
9 sitting days.
Notes not part of Act
11. Notes in this Act are provided to assist understanding and
25 do not form part of the Act.
11
Petroleum Safety Bill 1998
cl. 12
Title holders for petroleum sites within the State or in
State coastal waters to appoint operator etc.
12. (1) A person who is a title holder for a petroleum site in
an area other than the Commonwealth-State offshore area must
5 ensure that --
(a) there is a person (the ''operator'') who is responsible
for the overall management and operation of the site
at all times during which a petroleum operation is
being conducted at the site;
10 (b) before a petroleum operation begins at the site, the
State Petroleum Director has been notified, in
accordance with the regulations, of the operator's
particulars; and
(c) the State Petroleum Director is notified, in accordance
15 with the regulations, of changes to the operator's
particulars.
Penalty: $200 000.
(2) The State Petroleum Director is to keep a record of
matters notified for the purposes of this section.
20 Note: The Petroleum (Submerged Lands) (Management of Safety on Offshore
Facilities) Regulations 1996 of the Commonwealth apply in relation to the
Commonwealth-State offshore area.
12
Petroleum Safety Bill 1998
cl. 13
PART 2 -- GENERAL DUTIES RELATING TO SAFETY
AND HEALTH AT PETROLEUM SITES
Duties of title holders
13. (1) A person who is a title holder for a petroleum site
5 must ensure --
(a) that the operator of the site --
(i) is capable of performing; and
(ii) performs,
in a responsible and competent manner the functions
10 that the operator has under this Act; and
(b) subject to subsection (2), that the operator of the site
is present at the site at all times during which a
petroleum operation is being conducted at the site.
Penalty: $200 000.
15 (2) Subject to subsection (3), subsection (1) (b) does not apply
if the State Petroleum Director gives a title holder for a
petroleum site a notice of authorization for a petroleum operation
of a kind specified in the notice to be conducted at the site when
the operator is not present at the site.
20 (3) An authorization given for the purposes of this section is
of no effect at any time when a condition imposed in relation to
the authorization is being contravened.
(4) The State Petroleum Director is to keep a record of
authorizations given for the purposes of this section.
13
Petroleum Safety Bill 1998
cl. 14
Duties of operator
14. The operator of a petroleum site must take measures that
are practicable to ensure that --
(a) the site; and
5 (b) the means of entering and leaving the site,
do not expose a person who is at the site, or who uses the means
of entering or leaving the site, to hazards.
Penalty: $200 000.
Duties of employers
10 15. (1) The employer of an employee who works at a
petroleum site must, so far as is practicable, ensure that the
employee is not exposed to a hazard at the site and, in particular,
but without limiting the generality of that general duty, the
employer must --
15 (a) ensure that there is provided and maintained at the
site a working environment in which, so far as is
practicable, the employee is not exposed to a hazard;
(b) ensure that each workplace and the plant at the site
is provided and maintained so that, so far as is
20 practicable, the employee is not exposed to a hazard;
(c) provide and maintain for the employee systems of
work at the site so that, so far as is practicable, the
employee is not exposed to a hazard;
(d) ensure that the employee is provided with the
25 necessary information, instruction, training and
supervision to enable the employee to work at the site
so that, so far as is practicable, the employee is not
exposed to a hazard;
14
Petroleum Safety Bill 1998
cl. 16
(e) consult and cooperate with the operator of the site, the
safety and health representatives for the site, if any,
and other persons who work at the site regarding
safety and health at the site;
5 (f) if it is not practicable to avoid the presence of a
hazard at the site, ensure that the employee is
provided, at no cost to the employee, with adequate
personal protective clothing and equipment that is
practicable to protect the employee against the
10 hazard; and
(g) ensure that, so far as is practicable --
(i) the use, cleaning, maintenance, transportation,
and disposal of plant; and
(ii) the use, handling, processing, storage,
15 transportation, and disposal of a substance,
at the site is done in a manner that does not expose
the employee to a hazard.
Penalty: $200 000.
(2) In determining the training required to be provided in
20 accordance with subsection (1) (d), regard must be had to the
functions performed by the employee and the capacity in which
the employee is employed.
Duties of persons who engage others under contract
16. (1) If a person (the ''principal'') engages another person
25 (the ''contractor'') under a contract for services to do work for
the principal in the course of a petroleum operation, the principal
is deemed, for the purposes of section 15, to be the employer
of --
(a) the contractor;
15
Petroleum Safety Bill 1998
cl. 17
(b) each person employed or engaged by the contractor to
do or to assist in doing the work; and
(c) each person who by subsection (2) is deemed, for the
purposes of section 15, to be an employee of the
5 contractor.
(2) The persons mentioned in subsection (1) (a), (b) and (c)
are deemed, for the purposes of section 15, to be employees of the
principal.
(3) Subsections (1) and (2) apply only in relation to a matter
10 over which, and the extent to which, the principal --
(a) has control or can reasonably be expected to have
control; or
(b) would have had control, or could reasonably have been
expected to have control, had there not been an
15 agreement between the principal and the contractor to
the contrary.
(4) Nothing in this section lessens --
(a) the duties of the principal to the contractor; or
(b) the duties of the contractor to persons employed or
20 engaged by the contractor.
Duties of employees
17. (1) An employee must take reasonable care --
(a) to ensure his or her own safety or health at work; and
(b) to avoid adversely affecting the safety or health of
25 another person through an act or omission at work.
Penalty: $20 000.
16
Petroleum Safety Bill 1998
cl. 18
(2) Without limiting the generality of subsection (1), an
employee contravenes that subsection if the employee --
(a) fails to comply, so far as the employee is reasonably
able, with instructions given by the employee's
5 employer for the employee's own safety or health or
for the safety or health of another person;
(b) fails to use protective clothing and equipment
provided under section 15 (1) (f) in a manner in which
the employee has been properly instructed to use it;
10 (c) misuses or damages equipment that has been provided
in the interests of safety or health; or
(d) fails to report forthwith to the employee's employer --
(i) a situation at the site that the employee has
reason to believe could constitute a hazard to a
15 person and the employee cannot personally
correct; or
(ii) an injury to, or harm to the health of, a person
that arises in the course of, or in connection
with, the employee's work and of which the
20 employee is aware.
(3) An employee must cooperate with his or her employer in
the steps taken by the employer to fulfil the employer's duties
under this Act.
Penalty: $20 000.
25 Duties of self-employed persons and employers
18. (1) A self-employed person must --
(a) take reasonable care to ensure his or her own safety
and health at work; and
17
Petroleum Safety Bill 1998
cl. 19
(b) so far as is practicable, ensure that the safety or
health of a person who is not an employee of the
self-employed person is not adversely affected wholly
or in part as a result of the work done by the
5 self-employed person.
Penalty: $200 000.
(2) An employer must --
(a) take reasonable care to ensure his or her own safety
and health at the petroleum site where an employee of
10 the employer works; and
(b) so far as is practicable, ensure that the safety or
health of a person who is not an employee of the
employer is not adversely affected wholly or in part as
a result of the work done by an employee of the
15 employer.
Penalty: $200 000.
Duties of manufacturers etc.
19. (1) A person who designs, manufactures, imports or
supplies plant for use at a petroleum site must, so far as is
20 practicable --
(a) ensure that the plant is designed and constructed so
that a person who properly uses the plant is not, in
doing so, exposed to a hazard;
(b) test and examine, or arrange for the testing and
25 examination of, the plant so as to ensure that its
design and construction are as required by
paragraph (a); and
(c) ensure that adequate information in respect of --
(i) hazards associated with the plant;
18
Petroleum Safety Bill 1998
cl. 19
(ii) the plant's specifications and the data obtained
on the plant's testing referred to in
paragraph (b);
(iii) the conditions necessary to ensure that a person
5 properly using the plant is not, in doing so,
exposed to a hazard; and
(iv) the proper maintenance of the plant,
is provided when the plant is supplied, and
subsequently whenever requested.
10 (2) A person who erects or installs plant for use at a
petroleum site must, so far as is practicable, ensure that it is so
erected or installed that a person who properly uses the plant is
not exposed to a hazard that arises from, or is increased by, the
way in which the plant is erected or installed.
15 (3) A person who designs or constructs a building or
structure, including a temporary structure, for use at a petroleum
site must, so far as is practicable, ensure that the building or
structure is designed and constructed so that a person who
properly uses the building or structure is not, in doing so,
20 exposed to a hazard.
(4) A person who manufactures, imports, or supplies a
substance for use at a petroleum site must, so far as is
practicable, ensure that --
(a) adequate toxicological data in respect of the substance;
25 and
(b) data that is relevant to the safe use, handling,
processing, storage, transportation and disposal of the
substance,
is provided when the substance is supplied, and subsequently
30 whenever requested.
Penalty applicable to subsections (1), (2), (3) and (4): $200 000.
19
Petroleum Safety Bill 1998
cl. 20
Duties under this Part apply in addition to other duties
under the Act (including regulations made under the Act)
20. A duty imposed on a person under this Part --
(a) does not affect the application of any other duty
5 imposed on the person under this Act; and
(b) applies even though any other duty is imposed on the
person under this Act.
Person not liable to be punished twice
21. A person is not liable to be punished twice under this Act
10 in respect of an act or omission.
20
Petroleum Safety Bill 1998
cl. 22
PART 3 -- ADMINISTRATION OF ACT
Division 1 -- Appointment of persons
The State Petroleum Director
22. (1) There is to be established under Part 3 of the Public
5 Sector Management Act 1994 an office the holder of which has
chief responsibility for the administration of petroleum
operations.
(2) The person appointed to the office is the State Petroleum
Director for the purposes of this Act.
10 (3) The State Petroleum Director has the powers conferred
on a safety inspector by Division 2.
Delegation of State Petroleum Director's functions
23. (1) The State Petroleum Director may, by instrument in
writing, delegate to a public service officer, either generally or as
15 otherwise provided in the instrument, a power or duty that the
Director has under this Act, other than this power of delegation.
(2) Anything done by a delegate under a delegation under
this section has the same force and effect as if it had been done
by the State Petroleum Director.
20 Appointment of inspectors
24. (1) There are to be 2 kinds of inspectors for the purposes
of this Act, namely, safety inspectors and special inspectors.
(2) A special inspector may be appointed for the purpose of
making an inspection, inquiry or investigation that, in the
25 opinion of the State Petroleum Director, requires technical or
scientific training or knowledge.
21
Petroleum Safety Bill 1998
cl. 25
(3) An inspector is to be appointed under and subject to
Part 3 of the Public Sector Management Act 1994.
(4) Despite subsection (3), a person who is employed
elsewhere in the Public Service or otherwise in the public sector
5 may, with the approval of the employing authority concerned, be
designated as a special inspector; and a person so designated
may continue to be employed on the terms appropriate to the
agency or authority from which the person is seconded.
Division 2 -- Inspectors
10 Powers of inspectors
25. (1) A safety inspector may, for the purposes of this
Act --
(a) at any time of the day or night, enter, inspect, and
examine a petroleum site and examine any plant,
15 substance, or other thing whatsoever at the site (but
in a manner that would not unnecessarily impede or
obstruct the working of the site);
(b) when entering a petroleum site, take with the
inspector the equipment and materials that the
20 inspector considers appropriate;
(c) conduct the examination and inquiry that the
inspector considers necessary to ascertain whether --
(i) the provisions of this Act have been or are being
complied with in respect of a petroleum site or a
25 petroleum operation; or
(ii) the provisions of a safety case in effect in
relation to a petroleum site have been or are
being complied with;
22
Petroleum Safety Bill 1998
cl. 25
(d) take and remove a sample of a substance or thing at a
petroleum site without paying for the sample;
(e) take possession of any plant or thing for further
examination or testing or for use as evidence;
5 (f) take photographs and measurements, and make
sketches and recordings;
(g) require the production of, examine, and take copies of
or extracts from, a document;
(h) require that a petroleum site, or any part of it, be left
10 undisturbed for the period specified in the
requirement;
(i) require a meeting with a person --
(i) who is present at a petroleum site;
(ii) who the inspector has reasonable grounds to
15 believe was at a petroleum site at any time
during the preceding 2 years; or
(iii) who the inspector has reasonable grounds to
believe is a person to whom section 19 applies or
is an employee of that kind of person,
20 and interview the person at a place, and with other
persons present or otherwise, as the inspector
considers appropriate;
(j) require a person interviewed under paragraph (i) to
answer a question put to the person and, if the
25 inspector considers it appropriate, to verify the answer
by statutory declaration;
(k) require a person to state his or her name and address;
23
Petroleum Safety Bill 1998
cl. 25
(l) require a person who is --
(i) the operator of a petroleum site;
(ii) the employer of an employee who works at a
petroleum site; or
5 (iii) a self-employed person who works at a
petroleum site,
to give the inspector the assistance that the inspector
considers necessary for the performance of the
inspector's functions under this Act;
10 (m) initiate and conduct a prosecution of a person for an
offence under this Act;
(n) obtain a written statement from a potential witness,
and appear at an inquiry held regarding an accident
at a petroleum site or at an inquest, and call and
15 examine witnesses and cross-examine witnesses; or
(o) exercise a power that is conferred on an inspector by
the regulations or that may be necessary for the
performance of the inspector's functions under this Act
and for the purpose of giving effect to this Act.
20 (2) A special inspector may, for the purposes of this Act --
(a) exercise the powers conferred on a safety inspector by
subsection (1) except those conferred by
paragraphs (m) and (n) of that subsection;
(b) with the authority of the State Petroleum Director,
25 initiate and conduct a prosecution of a person for an
offence under this Act; or
(c) if a safety inspector so directs, obtain a written
statement from a potential witness, and appear at an
inquiry held regarding an accident at a petroleum site
30 or at an inquest, and call and examine witnesses and
cross-examine witnesses.
24
Petroleum Safety Bill 1998
cl. 26
(3) In exercising a power under this Act, an inspector may
be accompanied by another person whose assistance the inspector
considers necessary, and the person may do the things that are
necessary to assist the inspector in the performance of the
5 inspector's functions, and anything so done is deemed to have
been done by the inspector.
(4) If an inspector intends to inspect and examine a
petroleum site under the powers conferred by this section, the
inspector must, if practicable, on entering the site, give notice of
10 his or her intention to do so, either to the operator, or in the
absence of the operator, to another responsible person.
(5) A person who has been given notice under subsection (4)
must, if practicable --
(a) immediately notify the safety and health
15 representative for the site; or
(b) if there is more than one safety and health
representative for the site, immediately notify the
representatives who have functions relevant to the
matter or area with which the inspector is concerned,
20 of the intention to inspect and examine the site.
Penalty: $5 000.
(6) In subsections (1), (2) and (4) --
''petroleum site'' includes a building, structure, vehicle,
vessel or aircraft that is used in connection with a
25 petroleum site but is not itself a petroleum site.
Power to give directions
26. (1) A safety inspector may for the purposes of this Act
give a direction in writing under this section to a person at a
petroleum site if, in the inspector's opinion --
30 (a) a contravention of this Act constitutes or is likely to
constitute a hazard to a person at the site; or
25
Petroleum Safety Bill 1998
cl. 27
(b) the site, or any plant, work practice or substance at or
related to the site, constitutes or is likely to constitute
a hazard to a person.
(2) A direction under this section may direct --
5 (a) that the contravention be remedied or the hazard or
likely hazard be removed and may specify --
(i) the nature of the action that the inspector
requires to be taken to remedy the contravention
or remove the hazard or likely hazard; and
10 (ii) the time within which the action must be taken;
(b) that work at the site stop and that a person be
removed from the site or a part of the site until the
contravention has been remedied or the hazard or
likely hazard has been removed,
15 and an inspector may give a direction either under paragraph (a)
or under paragraphs (a) and (b).
(3) A direction under this section must specify the provision
of the Act which, in the inspector's opinion, has been
contravened, or the nature of the hazard or likely hazard, as is
20 relevant to the case, and the reasons for the opinion.
(4) If an inspector gives a direction under this section to a
person other than the operator of the petroleum site, the
inspector must forthwith give the operator a copy of the direction.
Use and misuse of information by inspectors and
25 assistants
27. (1) In this section --
''relevant person'' means a person who --
(a) is, or was, an inspector; or
(b) assists, or has assisted, an inspector.
26
Petroleum Safety Bill 1998
cl. 27
(2) A relevant person must not --
(a) use for a person's gain confidential knowledge or
confidential information obtained by the relevant
person in the course of or as a result of the relevant
5 person's employment or period of appointment as an
inspector or as a result of the person assisting an
inspector (as is relevant to the case); or
(b) except in the proper performance of a function under
this Act, intentionally or negligently disclose to a
10 person information of a commercial nature concerning
a petroleum site or a petroleum operation or
information that is detrimental to or likely to be
detrimental to the petroleum operation.
Penalty: $10 000.
15 (3) A relevant person must not disclose to a person a report
prepared by an inspector, including information in the report
supplied by a person under the Act, concerning an accident at a
petroleum site which either resulted in death or injury to a
person or had the potential to cause fatal or serious disabling
20 injury to a person, unless the disclosure is made --
(a) under or in connection with the administration of this
Act;
(b) to a court in accordance with a subpoena issued by the
court; or
25 (c) in accordance with a requirement of another law.
Penalty: $10 000.
(4) Despite subsections (2) and (3), a relevant person may --
(a) with the approval of the State Petroleum Director,
disclose to a coroner a report of an investigation into a
30 death or a suspected death occurring at a petroleum
site; and
27
Petroleum Safety Bill 1998
cl. 28
(b) provide a coroner with information that --
(i) the relevant person has grounds to believe to be
accurate; and
(ii) appears likely to assist the coroner's
5 investigation into a death or a suspected death
occurring at a petroleum site.
Certificates of appointment
28. (1) The State Petroleum Director must provide each
inspector with a certificate of appointment signed by the Director
10 and an inspector must, if requested to do so, produce the
certificate to a person in relation to whom the inspector is about
to exercise, or has exercised, a power under this Act.
(2) A certificate purporting to have been provided under
subsection (1) is, without proof of the signature of the person
15 purporting to have signed it, or of the person's authority to have
signed it, evidence in a court of the appointment to which the
certificate purports to relate.
Provision of means of travel for inspection etc.
29. (1) A person who is --
20 (a) the operator of a petroleum site;
(b) the employer of an employee who works at a
petroleum site; or
(c) a self-employed person who works at a petroleum site,
must provide an inspector and a person accompanying the
25 inspector under section 25 (3) with the means of travelling to or
within the site for the purposes of an inspection, examination or
inquiry under this Act.
Penalty: $5 000.
28
Petroleum Safety Bill 1998
cl. 30
(2) In subsection (1), a reference to travelling to a site is a
reference to travelling from the nearest point to which a
commercial passenger carrier (other than a private charterer)
provides transportation.
5 Obstruction etc.
30. (1) A person must not --
(a) obstruct, hinder, or interfere with an inspector or a
person accompanying an inspector under section 25 (3)
who is lawfully acting in the performance of a function
10 under this Act;
(b) threaten, or use abusive or insulting language to, an
inspector or a person accompanying an inspector
under section 25 (3) who is lawfully acting in the
performance of a function under this Act;
15 (c) contravene any requirement of an inspector made
under this Act;
(d) fail, without reasonable excuse, to comply in any
respect with a request or direction made or given
under this Act by an inspector; or
20 (e) impersonate an inspector or forge any document
purporting to be a certificate of the appointment of
any person as an inspector.
Penalty: $5 000.
(2) A person must not, without reasonable excuse, fail to
25 give an inspector performing a function under this Act access to a
petroleum site, building, structure, plant, data or records, or
other assistance which the person may reasonably be required to
give under this Act.
Penalty: $5 000.
29
Petroleum Safety Bill 1998
cl. 31
(3) A person is not excused from complying with a
requirement under this Act to answer a question on the ground
that to do so might result in the person incriminating himself or
herself or rendering himself or herself liable to a penalty, but an
5 answer given by a person when so required is not admissible in
evidence against the person in any civil or criminal proceedings
other than proceedings for perjury or for an offence under this
Act arising out of the false or misleading nature of the answer.
Penalty: $5 000.
10 False or misleading answers and information
31. A person must not knowingly or recklessly in response to a
request, requirement, direction or inquiry made by an inspector
for the purposes of this Act, give an answer, make a statement,
or furnish or cause to be furnished a report that is false or
15 misleading in a material way because of --
(a) the inclusion of false or misleading matter in the
answer, statement or report; or
(b) the omission from the answer, statement or report of
matter that is required or may be material.
20 Penalty: $5 000.
Compliance with inspector's directions
32. (1) This section applies if an inspector gives a direction
under section 26.
(2) A person who is given a direction under section 26
25 must --
(a) comply with the direction within the time specified in
the direction;
30
Petroleum Safety Bill 1998
cl. 32
(b) if no time is specified in the direction, comply with the
direction immediately; or
(c) if the person intends to object to the direction in
accordance with section 33 --
5 (i) cease to use the petroleum site or part of the
site, or the plant, work practice or substance to
which the direction relates; and
(ii) withdraw all persons from the hazard or likely
hazard indicated by the inspector until the
10 arbitration referred to in section 33 (2) is
completed.
Penalty: $10 000.
(3) Despite subsection (2), the State Petroleum Director or
15 the inspector may permit --
(a) work to proceed at the petroleum site; or
(b) the plant, work practice or substance to be used,
subject to each restriction and condition that the Director or
inspector imposes and specifies in writing in order to ensure the
20 safety of persons at the site.
(4) If permission is given under subsection (3), the substance
of the permission and a restriction or condition (if any) attached
to the permission are to be recorded and the record is to be
available at all reasonable times for the examination by any of
25 the following persons --
(a) an inspector;
(b) a person who works at the site;
(c) a person authorized in writing by the State Petroleum
Director.
31
Petroleum Safety Bill 1998
cl. 33
Objecting to inspector's directions
33. (1) A person who is given a direction under section 26
may, within 7 days after receiving the direction, deliver to the
State Petroleum Director a written objection to the direction
5 specifying the grounds for the objection.
(2) If an objection is delivered under subsection (1) --
(a) the matter must then be determined by arbitration
unless the State Petroleum Director first revokes the
direction under section 34; and
10 (b) the date when the Director receives the objection is to
be treated as the date of the submission to arbitration.
(3) A person who delivers an objection under subsection (1)
must --
(a) keep a record of the objection;
15 (b) keep a record of the award (if any) made in respect of
the objection after arbitration is completed; and
(c) allow a person affected by the direction to inspect a
record referred to in paragraph (a) or (b).
Penalty applicable to subsection (3): $5 000.
20 State Petroleum Director may revoke inspector's direction
34. The State Petroleum Director may, by notice in writing
given to a person who has been given a direction under
section 26, revoke the direction.
32
Petroleum Safety Bill 1998
cl. 35
Arbitration concerning direction
35. (1) An arbitration under section 33 (2) is to be conducted
in accordance with the Commercial Arbitration Act 1985 as it
applies to proceedings conducted before 2 arbitrators and an
5 umpire.
(2) The parties to the arbitration are to be the person who
objected to the direction and a safety inspector nominated by the
Minister.
(3) A person is not eligible to act as an arbitrator or umpire
10 if the person --
(a) is or has been employed at the petroleum site to which
the arbitration relates; or
(b) has a financial interest in the petroleum site or plant
or a substance to which the arbitration relates.
15 (4) A person who is appointed an umpire must be --
(a) a person with extensive experience in petroleum
operations in positions of responsibility;
(b) a person with appropriate qualifications or expertise
to deal with the issue in question;
20 (c) a Judge; or
(d) a stipendiary magistrate.
(5) In an arbitration under section 33 (2) the arbitrators or
the umpire may make an award confirming, varying or revoking
the direction or giving a new direction.
25 (6) An award is not liable to be upset on the ground that an
umpire was not qualified under subsection (4) to act.
33
Petroleum Safety Bill 1998
cl. 36
(7) A person must not contravene an award made on an
arbitration.
Penalty applicable to subsection (7): $10 000.
Proceedings for offences for contravening directions or
5 awards
36. If, in a proceeding for an offence against a person under
section 32 (2) or section 35 (7), the safety and health magistrate
is satisfied that the person has taken active measures to comply
with the direction or award but has not fully complied despite
10 reasonable diligence, the safety and health magistrate may
adjourn the proceeding and if full compliance occurs within a
reasonable time must not enter a conviction.
Contracts and directions or awards
37. To the extent that a provision of a contract would preclude
15 a person from, or make a person liable for, doing an act that is
necessary to comply with a direction under section 26 or award
made on an arbitration referred to in section 33 (2), the provision
is of no effect.
34
Petroleum Safety Bill 1998
cl. 38
PART 4 -- SAFETY CASES
Safety case -- a strategy for dealing with safety issues
38. (1) For the purposes of this Act, a safety case is a
document containing information relevant to the identification,
5 assessment, management and monitoring of matters, and other
prescribed information, relevant to safety at a petroleum site.
(2) The main purposes of a safety case are to achieve,
maintain and improve appropriate safety standards at the site.
Application
10 39. This Part does not apply to petroleum sites in the
Commonwealth-State offshore area.
Note: The Petroleum (Submerged Lands) (Management of Safety on Offshore
Facilities) Regulations 1996 of the Commonwealth apply in relation to the
Commonwealth-State offshore area.
15 Certain work at petroleum sites to comply with, and not
to begin without, relevant safety case
40. (1) In this section --
''prescribed circumstance'' means a circumstance of a
kind for which a safety case is required under the
20 regulations.
(2) The operator of a petroleum site must ensure --
(a) that no work is done at the site in relation to a
prescribed circumstance unless a safety case in
relation to the prescribed circumstance has been
25 accepted by the State Petroleum Director in
accordance with the regulations; and
35
Petroleum Safety Bill 1998
cl. 41
(b) that, subject to subsection (3), there is compliance
with the safety case.
Penalty: $8 000.
(3) Subsection (2) (b) does not apply to the extent to which
5 the State Petroleum Director has in writing allowed the operator
not to comply with a safety case.
Prescribed matters as to safety cases
41. Regulations may be made to make provision for, or in
relation to --
10 (a) the circumstances in which a safety case is required,
including the kinds of petroleum operation and the
kinds of events for which a safety case is required;
(b) the periods of time during which safety cases can have
effect;
15 (c) the form and manner in which safety cases are to be
submitted for acceptance;
(d) the contents of safety cases;
(e) the acceptance or rejection of safety cases submitted
for acceptance;
20 (f) the records to be kept by the State Petroleum Director
and by operators in relation to safety cases;
(g) the reporting and reviewing of information relating to
the contents of safety cases;
(h) assessment of the operation of safety cases;
36
Petroleum Safety Bill 1998
cl. 42
(i) other matters that are necessary or convenient to be
prescribed for giving effect to the purposes of this
Part.
Consultation in preparation of safety case
5 42. (1) The operator of a petroleum site must ensure that in
the development or revision of a safety case for the site there has
been effective consultation with, and participation of, the classes
of persons affected, or likely to be affected, by the subject matter
of the safety case including, in particular, persons --
10 (a) who work or who will work at the site; and
(b) who are identifiable before the safety case is developed
or revised,
as is relevant to the case.
(2) The State Petroleum Director is not to accept a safety
15 case unless it is accompanied by evidence satisfying the Director
that there has been compliance with subsection (1) in relation to
the safety case.
Duties under this Part and regulations under this Part
apply in addition to other duties under the Act (including
20 regulations made under the Act)
43. A duty imposed on a person under this Part or by
regulations made under this Part --
(a) does not affect the application of any other duty
imposed on the person under this Act in connection
25 with the same matter; and
(b) applies even though any other duty is imposed on the
person under this Act.
37
Petroleum Safety Bill 1998
cl. 44
PART 5 -- SAFETY AND HEALTH REPRESENTATIVES
AND COMMITTEES
Division 1 -- Safety and health representatives
Functions of safety and health representatives
5 44. (1) The functions of a safety and health representative for
a petroleum site are, in the interests of the safety and health at
the site --
(a) to inspect the site (including a part of the site) --
(i) at the times that are agreed with the operator of
10 the site; or
(ii) if the representative has not inspected the
petroleum site (or the part of the site) in the
preceding 30 days, at any time upon giving
reasonable notice to the operator;
15 (b) to participate in an investigation in relation to an
accident, a dangerous occurrence, or a risk of
imminent and serious injury to, or imminent and
serious harm to the health of, a person, at the site;
(c) to keep informed as to the safety and health
20 information provided in accordance with this Act by a
person who is --
(i) the operator of the site;
(ii) the employer of an employee who works at the
site; or
25 (iii) a self-employed person who works at the site,
and liaise as necessary with the department and other
public sector and private bodies;
38
Petroleum Safety Bill 1998
cl. 44
(d) if a hazard or potential hazard to which a person is, or
might be, exposed at the site comes to the
representative's notice, to immediately report the
matter to --
5 (i) the operator of the site; and
(ii) the employer or self-employed person who has
responsibility under this Act in relation to the
hazard or potential hazard;
(e) if there is a safety and health committee for the site,
10 to refer to the committee matters that the
representative thinks the safety and health committee
should consider;
(f) to consult and cooperate with a person who is --
(i) the operator of the site;
15 (ii) the employer of an employee who works at the
site; or
(iii) a self-employed person who works at the site,
on all matters relevant to the person relating to the
safety or health of persons at the site; and
20 (g) to liaise with --
(i) the employers of employees who work at the site;
and
(ii) employees and self-employed persons who work
at the site,
25 regarding matters concerning the safety or health of
persons at the site.
39
Petroleum Safety Bill 1998
cl. 45
(2) A safety and health representative for a petroleum site
has the powers that are necessary for performing the
representative's functions.
(3) Without limiting the generality of subsection (2), a safety
5 and health representative may, if requested to do so by an
inspector, accompany the inspector while the inspector is
performing a function of the inspector at the site.
Notice requiring election of safety and health
representative
10 45. (1) An employee who works at a petroleum site may give
notice to his or her employer requiring the election of a safety
and health representative to represent the employees of the
employer who work at the site.
(2) Subsection (1) does not apply to a self-employed person.
15 Consultation on election matters
46. (1) An employer who is given notice under section 45
requiring the election of a safety and health representative must,
within 21 days of being given the notice, invite the employees
who work for the employer at the petroleum site that is the
20 subject of the notice to appoint a delegate or delegates in
accordance with subsection (3).
Penalty: $5 000.
(2) The employer of employees who work at a petroleum site
may, at any time, require the election of a safety and health
25 representative to represent those employees by inviting them to
appoint a delegate or delegates in accordance with subsection (3).
(3) The employees who are invited under subsection (1) or
(2) to do so may appoint a delegate or delegates from amongst
their number to represent them.
40
Petroleum Safety Bill 1998
cl. 47
(4) An employer to whom subsection (1) or (2) applies must
consult with the delegate or delegates, as is relevant to the case,
appointed under this section on the matters which are required
to be determined under this section.
5 Penalty: $5 000.
(5) The matters which are required to be determined under
this section in relation to an election are --
(a) the number of safety and health representatives to be
elected to represent the employer's employees at the
10 petroleum site;
(b) whether training is to be agreed as being adequate for
the purposes of section 47 (4) and, if so, what the
training is to be; and
(c) the person by whom and the manner in which the
15 election is to be conducted.
(6) If they wish to do so, the parties consulting under
subsection (4) may request that an election to be held under this
section be conducted by the Electoral Commissioner appointed
under the Electoral Act 1907.
20 (7) A matter mentioned in subsection (5) that remains
unresolved despite attempts to resolve it under subsection (4)
may be referred to the State Petroleum Director who must, if
unable to resolve the matter to the satisfaction of each of the
parties concerned, refer the matter to a safety and health
25 magistrate for determination.
Election of safety and health representatives
47. (1) In this section --
''election'' means an election for the purpose of electing a
safety and health representative to represent the
30 employees of the relevant employer;
41
Petroleum Safety Bill 1998
cl. 47
''relevant employer'' means the employer whose
employees who work at a petroleum site are electing a
safety and health representative to represent those
employees at the site.
5 (2) Subject to this section, an election is to be conducted, and
safety and health representatives are to be elected, in accordance
with a determination under section 46.
(3) Each employee who works for the relevant employer at
the petroleum site is entitled to vote at an election and the
10 election must be by secret ballot.
(4) A person is not eligible to be elected as a safety and
health representative for a petroleum site unless the person is
employed by the relevant employer to work at the site and
has --
15 (a) been continuously employed at the site during the
preceding 2 years;
(b) had a total of at least 2 years' experience at another
petroleum site in work of a similar nature to the work
the person does at the site;
20 (c) had a total of at least 12 months' experience of a type
described in paragraph (b) and the training, if any,
that is agreed under section 46 as being adequate for
the purposes of this subsection; or
(d) been approved by the State Petroleum Director for the
25 purposes of this subsection.
(5) If only one eligible candidate is nominated for election to
an office of safety and health representative, a ballot need not be
held and the candidate is deemed to have been duly elected.
(6) The person conducting an election must notify --
30 (a) the relevant employer; and
42
Petroleum Safety Bill 1998
cl. 48
(b) the operator of the petroleum site,
of the results of the election.
(7) If a question relating to an election arises, the matter
may be referred by a person interested in the question to the
5 State Petroleum Director who must, if unable to resolve the
matter to the satisfaction of the persons concerned, refer the
matter to a safety and health magistrate for determination.
Terms of office
48. (1) A person who is elected as a safety and health
10 representative holds office, subject to this Act, for a term of
2 years.
(2) A person ceases to hold office as a safety and health
representative if --
(a) the term of office of the person expires and the person
15 is not re-elected;
(b) the person ceases to be an employee --
(i) who works at the petroleum site for which the
person was elected; or
(ii) of the employer whose employees the person was
20 elected to represent;
(c) the person resigns office by notice given to his or her
employer; or
(d) the person is disqualified under section 49.
Disqualification of safety and health representatives
25 49. (1) A person specified in subsection (2) may refer to a
safety and health magistrate the question of whether a safety
43
Petroleum Safety Bill 1998
cl. 49
and health representative for a petroleum site should be
disqualified on the ground that the representative --
(a) has done anything under this Act with the sole
intention of causing harm to a person who is --
5 (i) the operator of the site;
(ii) the employer of an employee who works at the
site; or
(iii) a self-employed person who works at the site,
or a commercial or business undertaking of one of
10 those persons;
(b) has used or disclosed information acquired from a
person who is --
(i) the operator of the site;
(ii) the employer of an employee who works at the
15 site; or
(iii) a self-employed person who works at the site,
in the representative's capacity as a safety and health
representative for a purpose that is not connected with
the performance of the representative's functions with
20 the intention of causing harm to one of those persons
or a commercial or business undertaking of one of
those persons; or
(c) has failed to perform adequately a function of a safety
and health representative,
25 or on more than one of those grounds.
44
Petroleum Safety Bill 1998
cl. 49
(2) A reference under subsection (1) concerning the
disqualification of a safety and health representative for a
petroleum site may be made by --
(a) a person who is --
5 (i) the operator of the site;
(ii) the employer of an employee who works at the
site;
(iii) a self-employed person who works at the site; or
(iv) an employee who works at the site;
10 or
(b) the State Petroleum Director.
(3) If, upon a reference under subsection (1), a safety and
health magistrate is satisfied that grounds for the
disqualification of the safety and health representative exist, the
15 safety and health magistrate may disqualify the representative
for a specified period or permanently from holding office as a
safety and health representative.
(4) In determining what disqualification, if any, should be
imposed under subsection (3) on a safety and health
20 representative for a petroleum site, a safety and health
magistrate must take into account --
(a) the harm, if any, caused to a person who is --
(i) the operator of the site;
(ii) the employer of an employee who works at the
25 site; or
45
Petroleum Safety Bill 1998
cl. 50
(iii) a self-employed person who works at the site,
or a commercial or business undertaking of one of
those persons;
(b) the past record of the representative in performing the
5 functions of a safety and health representative; and
(c) whether the representative acted contrary to the
public interest,
and may take into account other matters that the safety and
health magistrate considers relevant.
10 Operator to ensure safety of safety and health
representative during inspections
50. The operator of a petroleum site must ensure that
whenever a safety and health representative is inspecting the
petroleum site under section 44 (1) (a), a suitably experienced
15 person has been given responsibility for ensuring the safe
conduct of the representative through the petroleum site.
Penalty: $5 000.
Duties of employers, self-employed persons and the
operator regarding safety and health representatives
20 51. (1) This section applies in relation to a petroleum site if
there is at least one safety and health representative for the site.
(2) A person who is --
(a) the operator of a petroleum site;
(b) the employer of an employee who works at a
25 petroleum site; or
46
Petroleum Safety Bill 1998
cl. 51
(c) a self-employed person who works at a petroleum site,
must make available to each safety and health representative for
the site the information that the person has, or could reasonably
be expected to have, relating to --
5 (d) a hazard to a person that arises or may arise at the
site;
(e) so far as it is relevant to a hazard mentioned in
paragraph (d), the plant and substances used at the
site and the systems of work at the site; and
10 (f) the safety and health of persons who work at the site,
but nothing in this subsection requires a person to make
available information by which a trade secret would be disclosed.
(3) If --
(a) an employee who works at a petroleum site is required
15 to attend an interview concerning safety or health
between --
(i) the employee's employer;
(ii) the operator of the site;
(iii) a self-employed person who works at the site; or
20 (iv) a representative of a person referred to in
subparagraph (i), (ii) or (iii);
and
(b) the employee requests the presence at the interview of
a safety and health representative whose function is to
25 represent the employee,
the person referred to in paragraph (a) (i), (ii), (iii) or (iv), as is
applicable to the case, must permit the safety and health
representative to be present at the interview.
47
Petroleum Safety Bill 1998
cl. 51
(4) A person who is --
(a) the operator of a petroleum site;
(b) the employer of an employee who works at a
petroleum site; or
5 (c) a self-employed person who works at a petroleum site,
must consult with a safety and health representative on an
intended change to the site or to the plant or a substance used at
the site if the change may reasonably be expected to affect the
safety or health of a person who works at the site.
10 (5) The employer of a safety and health representative must
permit the representative to take time off work with pay and
other benefits, in accordance with regulations made under
section 53, for the purposes of --
(a) performing a function of a safety and health
15 representative; or
(b) attending a training course in safety and health
approved by the State Petroleum Director.
(6) If an accident or dangerous occurrence takes place in a
part of the petroleum site where employees who are represented
20 by a safety and health representative work, the employer of the
representative must ensure that the representative is notified
without delay of the accident or occurrence.
(7) The employer of a safety and health representative must
provide the representative with the facilities that are necessary
25 or prescribed for the purposes of the performance by the
representative of his or her functions.
(8) A person who is --
(a) the operator of a petroleum site;
48
Petroleum Safety Bill 1998
cl. 52
(b) the employer of an employee who works at a
petroleum site; or
(c) a self-employed person who works at a petroleum site,
must provide the assistance that is necessary or prescribed for
5 the purposes of the performance by a safety and health
representative for the site of the representative's functions.
Penalty applicable to subsections (2), (3), (4), (5), (6), (7)
and (8): $5 000.
Medical information about employees to be confidential
10 52. The employer of an employee who works at a petroleum
site must not make medical information concerning the employee
available to a safety and health representative for the site
unless --
(a) the employee has consented to the employer doing so;
15 or
(b) the information is in a form that does not identify, or
does not enable the identification of, the employee.
Penalty: $5 000.
Regulations regarding time off work for safety and health
20 representatives
53. (1) The regulations may prescribe the time that a safety
and health representative is to be permitted to take off work,
with pay and other benefits, for the purposes of --
(a) performing a function of a safety and health
25 representative; and
49
Petroleum Safety Bill 1998
cl. 54
(b) attending a training course in safety and health
approved by the State Petroleum Director.
(2) The time that a safety and health representative is to be
permitted to take off work, with pay and other benefits, for the
5 purposes referred to in subsection (1) may be varied, in a way not
less favourable to the representative than that prescribed in the
regulations --
(a) by agreement with the representative's employer; or
(b) by a determination made by a safety and health
10 magistrate upon a reference made to the safety and
health magistrate under this section by the
representative's employer, the representative, or the
State Petroleum Director.
Division 2 -- Safety and health committees
15 Functions of safety and health committees
54. The functions of a safety and health committee for a
petroleum site are --
(a) to facilitate consultation and cooperation between each
person who is --
20 (i) the operator of the site;
(ii) the employer of an employee who works at the
site;
(iii) a self-employed person who works at the site; or
50
Petroleum Safety Bill 1998
cl. 54
(iv) an employee who works at the site,
in initiating, developing, and implementing measures
designed to ensure the safety and health of persons
who work at the site;
5 (b) to keep itself informed as to standards relating to
safety and health generally recommended or
prevailing in petroleum sites of a comparable nature;
(c) to review rules and procedures at the site relating to
the safety and health of persons who work at the site
10 and to make recommendations about the rules and
procedures;
(d) to recommend to a person who is --
(i) the operator of the site;
(ii) the employer of an employee who works at the
15 site;
(iii) a self-employed person who works at the site; or
(iv) an employee who works at the site,
the establishment, maintenance, and monitoring of
programmes, measures and procedures at the site
20 relating to the safety and health of persons who work
at the site;
(e) to keep in a readily accessible place and form the
information that is provided under this Act regarding
the hazards to persons that arise or may arise at the
25 site;
(f) to consider a change or intended change to or at the
site that may reasonably be expected to affect the
safety or health of a person who works at the site and
make recommendations in respect of the change or
30 intended change;
51
Petroleum Safety Bill 1998
cl. 55
(g) to consider a matter that is referred to the committee
by a safety and health representative;
(h) to perform other functions that may be prescribed in
the regulations; and
5 (i) to perform other functions that may be given to the
committee, with its consent, by a person who is --
(i) the operator of the site;
(ii) the employer of an employee who works at the
site; or
10 (iii) a self-employed person who works at the site.
Request for safety and health committee to be established
55. (1) A safety and health representative for a petroleum
site at which more than 10 employees work may request the
operator of the site to establish a safety and health committee for
15 the site.
(2) If the operator of a petroleum site has been requested
under subsection (1) to establish a safety and health committee,
the operator must, within 21 days of the request --
(a) notify the requesting representative that the request
20 is agreed to; or
(b) if the operator considers that in the circumstances of
the case a safety and health committee should not be
required to be established under this Act --
(i) refer to the State Petroleum Director the
25 question of whether a committee should be
established; and
52
Petroleum Safety Bill 1998
cl. 56
(ii) inform the requesting representative that the
matter has been referred to the Director.
Penalty: $5 000.
(3) The State Petroleum Director must as soon as is
5 practicable decide a question referred under subsection (2) and
notify the operator and the requesting representative of the
decision.
Establishment of safety and health committee
56. (1) The operator of a petroleum site must, in accordance
10 with this Division and the regulations, establish a safety and
health committee within 3 months of --
(a) the coming into operation of a regulation requiring a
committee to be established by the operator;
(b) service on the operator of a notice from the State
15 Petroleum Director requiring the operator to do so; or
(c) being requested under section 55 to do so,
unless, in the case mentioned in paragraph (c), the State
Petroleum Director has decided that a safety and health
committee is not required to be established.
20 Penalty: $5 000.
(2) The operator of a petroleum site may, of the operator's
own initiative, establish a safety and health committee at any
time and the committee is to be established in accordance with
this Division.
53
Petroleum Safety Bill 1998
cl. 57
Composition of safety and health committee
57. (1) A safety and health committee for a petroleum site is
to consist of --
(a) the operator of the site or the operator's
5 representative;
(b) in respect of each employer of employees who work at
the site -- at least one of the safety and health
representatives, if any, who represent those
employees;
10 (c) if there is no safety and health representative
representing the employees of a particular employer,
the person or persons elected by the employer's
employees for the purposes of this section;
(d) in respect of each employer of employees who work at
15 the site -- the person or persons appointed for the
purposes of this section by the employer (who may
include the employer himself or herself); and
(e) the person or persons appointed for the purposes of
this section by the self-employed persons who work at
20 the site (who may include any of the self-employed
persons themselves).
(2) Subject to subsections (4) and (5) --
(a) the number of persons to be elected by the employees
of an employer referred to in subsection (1) (c) is to be
25 as is substantially agreed between the employer, the
operator of the site and those employees;
(b) the number of persons to be appointed by each
employer is to be --
(i) as is agreed between the employer, the operator
30 of the site and each of the safety and health
representatives who represent the employer's
employees who work at the site; or
54
Petroleum Safety Bill 1998
cl. 57
(ii) if there is no safety and health representative
representing an employer's employees who work
at the site, as is substantially agreed between
the employer, the operator and those employees;
5 and
(c) the number of persons to be appointed by the
self-employed persons at the site is to be as is
substantially agreed between those persons and the
operator of the site.
10 (3) If there is --
(a) in the State Petroleum Director's opinion, failure to
substantially agree a matter under subsection (2) (a),
(b) (ii) or (c), the number of persons to be elected or
appointed in relation to the respective provision for
15 the purposes of this section is to be as decided by the
Director; or
(b) failure to agree the matter under subsection (2) (b) (i),
the number of persons to be appointed by the
employer for the purposes of this section is to be as
20 decided by the State Petroleum Director.
(4) At least half of the members of a safety and health
committee for a petroleum site must be safety and health
representatives for the site or, if there are no safety and health
representatives, persons elected by employees who work at the
25 site.
(5) A person is not eligible for election or appointment as a
member of a safety and health committee for a petroleum site
unless the person works, or employs an employee who works, at
the site.
55
Petroleum Safety Bill 1998
cl. 58
(6) A person who is appointed to a safety and health
committee for a petroleum site by an employer or a self-employed
person must have the authority to give effect to the matters that
the committee might reasonably resolve in connection with the
5 safety and health of persons who work at the site.
(7) An election for the purposes of this section is to be by
secret ballot.
Review of State Petroleum Director's decision
58. (1) A person who is --
10 (a) the operator of a petroleum site;
(b) the employer of an employee who works at a
petroleum site;
(c) a self-employed person who works at a petroleum site;
(d) an employee who works at a petroleum site; or
15 (e) a safety and health representative for a petroleum
site,
may refer to a safety and health magistrate for review a decision
of the State Petroleum Director as to --
(f) whether it would be appropriate for a safety and
20 health committee to be established for the site; or
(g) the number of persons to be elected or appointed to a
safety and health committee.
(2) A safety and health magistrate may confirm, vary or
revoke a decision of the State Petroleum Director referred under
25 subsection (1).
56
Petroleum Safety Bill 1998
cl. 59
Procedure of safety and health committees
59. (1) Subject to subsection (2) and to the regulations, a
safety and health committee may determine its own procedure.
(2) Each safety and health committee must meet at intervals
5 not exceeding 3 months.
Division 3 -- Discrimination
Discrimination
60. (1) An employer or prospective employer must not in any
way treat an employee who works at, or a prospective employee
10 who will work at, a petroleum site less favourably than the
employer or prospective employer otherwise would have done
because the employee or prospective employee --
(a) is or has been a safety and health representative or a
member of a safety and health committee;
15 (b) performs or has performed a function as a safety and
health representative or a member of a safety and
health committee;
(c) gives or has given assistance or information to an
inspector, safety and health representative or any
20 member of a safety and health committee; or
(d) makes or has made a complaint in relation to safety or
health to a person who is or was his or her employer
or fellow employee, an inspector, a safety and health
representative, a member of a safety and health
25 committee, the operator of a petroleum site or a
self-employed person who works at a petroleum site.
Penalty: $5 000.
57
Petroleum Safety Bill 1998
cl. 60
(2) A trade union must not in any way treat a person less
favourably than it otherwise would have done because of the
manner in which the person performs or has performed a
function as a safety and health representative or a member of a
5 safety and health committee.
Penalty: $5 000.
58
Petroleum Safety Bill 1998
cl. 61
PART 6 -- DEALING WITH SAFETY AND HEALTH
Resolution of issues at the petroleum site
61. (1) If an issue relating to safety or health arises in
relation to a petroleum site, the employer or self-employed person
5 concerned, or where the employer or self-employed person
concerned is not at the site, the operator of the site must, in
accordance with the relevant procedure, attempt to resolve the
issue with --
(a) each safety and health representative for the site who
10 is concerned with the issue;
(b) the safety and health committee for the site;
(c) each employee who works at the site who is concerned
with the issue;
(d) each employer of employees who work at the site who
15 is concerned with the issue; or
(e) each self-employed person who works at the site who
is concerned with the issue,
whichever is specified in the relevant procedure.
Penalty: $5 000.
20 (2) For the purposes of subsection (1) --
''the relevant procedure'' means the procedure agreed
between the operator of the site and each person who
is --
(a) the employer of an employee who works at the
25 site;
(b) an employee who works at the site; or
59
Petroleum Safety Bill 1998
cl. 62
(c) a self-employed person who works at the site,
as applying in respect of the site or, if no procedure is
so agreed, the procedure prescribed for that purpose in
the regulations.
5 (3) If attempts to resolve an issue as mentioned in
subsection (1) do not succeed and there is both a safety and
health representative concerned and a safety and health
committee for the site, the representative must refer the issue to
the committee for it to attempt to resolve the issue.
10 Penalty: $5 000.
Inspector may be notified if issue unresolved
62. (1) If attempts to resolve an issue in accordance with
section 61 are unsuccessful, and if there is a risk of imminent
and serious injury to or imminent and serious harm to the health
15 of a person, a person who is --
(a) the operator of the site;
(b) the employer of an employee who works at the site;
(c) a self-employed person who works at the site;
(d) an employee who works at the site; or
20 (e) a safety and health representative for the site,
may notify a safety inspector of the unresolved issue.
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Petroleum Safety Bill 1998
cl. 63
(2) A safety inspector, upon being notified of an unresolved
issue under subsection (1), must attend without delay at the site
and either --
(a) take action under this Act, including action under
5 section 26, considered by the inspector to be
appropriate; or
(b) determine that in the circumstances no action is
required to be taken under this Act.
Refusal by employee to work in certain cases
10 63. (1) Nothing in section 62 prevents an employee who
works at a petroleum site from refusing to work at the site if the
employee has reasonable grounds to believe that to continue to
work would expose the employee or another person to a risk of
imminent and serious injury or imminent and serious harm to
15 the health of the employee or another person.
(2) An employee does not have reasonable grounds for the
belief referred to in subsection (1) if a safety inspector has
attended the site upon being notified under section 62 (1) of the
risk and --
20 (a) the measures, if any, required by the safety inspector
to be taken to remedy the matters giving rise to the
risk have been taken;
(b) the requirements, if any, of the safety inspector to
remedy the matters giving rise to the risk have ceased
25 to have effect; or
(c) the safety inspector has determined that no action is
required to be taken under this Act.
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Petroleum Safety Bill 1998
cl. 64
(3) An employee who refuses to work as mentioned in
subsection (1) must immediately notify --
(a) his or her employer; and
(b) the safety and health representative, if any, who
5 represents the employer's employees who work at the
site,
and the matter is to be treated as an issue to which section 61 (1)
applies.
Penalty: $5 000.
10 (4) An employee who refuses to work as mentioned in
subsection (1) must not leave the site until the employee has
notified his or her employer under subsection (3) and the
employer has authorized the employee to leave the site.
Penalty: $5 000.
15 (5) Subsection (4) does not apply if the employee has
reasonable grounds to believe that to remain at the site would
expose the employee to a risk of imminent and serious injury or
imminent and serious harm to his or her health.
Assignment of other work
20 64. An employee who refuses to work as mentioned in
section 63 (1) may be given reasonable alternative work to do
until the employee resumes his or her usual work.
Entitlements to continue
65. (1) An employee who refuses to work as mentioned in
25 section 63 (1) is entitled to receive the same pay and other
benefits, if any, which the employee would have been entitled to
receive if the employee had continued to do his or her usual
work.
62
Petroleum Safety Bill 1998
cl. 66
(2) Subsection (1) does not apply if --
(a) the employee leaves the site without the authorization
of the employer required under section 63 (4); or
(b) the employee refuses to do reasonable alternative
5 work that the employee is given under section 64.
(3) A dispute arising as to --
(a) whether a person is entitled to pay and other benefits;
or
(b) what pay or benefits a person is entitled to receive,
10 in accordance with subsection (1), may be referred by a party to
the dispute to a safety and health magistrate for determination.
Offences -- refusal to work
66. (1) In this section --
''disentitled employee'' means an employee who refuses
15 to work for a period --
(a) on the grounds that to do so would involve a risk
of injury or harm to the health of a person; or
(b) on the grounds that another employee refuses to
work because to do so would involve a risk of
20 injury or harm to the health of a person,
but does not include a person who has refused to work
as mentioned in section 63 (1) and who is entitled to
pay and other benefits under section 65 (1).
(2) An employee must not accept from his or her employer,
25 in respect of a period during which the employee is a disentitled
employee, any pay or other benefits to which the employee would
have been entitled if the employee had continued to work.
Penalty: $5 000.
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Petroleum Safety Bill 1998
cl. 66
(3) An employer must not pay or provide to an employee, in
respect of a period during which the employee is a disentitled
employee, any pay or other benefits to which the employee would
have been entitled if the employee had continued to work.
5 Penalty: $5 000.
(4) In subsections (2) and (3) a reference to pay and other
benefits does not include a reference to any payment or benefit
prescribed for the purposes of this section.
(5) This section has effect despite any provision of another
10 written law, including the Industrial Relations Act 1979, an
order, award or agreement made or approved under that Act and
an agreement registered or approved under the Workplace
Agreements Act 1993.
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Petroleum Safety Bill 1998
cl. 67
PART 7 -- SPECIFIC MATTERS RELATING TO SAFETY
AND HEALTH
Division 1 -- Health surveillance
Health surveillance of employees
5 67. (1) The State Petroleum Director may, by notice in
writing served on an employer require the employer --
(a) to establish and maintain a system for the
surveillance of the health of the employer's employees
in accordance with the notice; and
10 (b) to provide information, in accordance with the notice,
to the Director on the surveillance of the health of the
employer's employees.
(2) An employer must not contravene a requirement in a
notice served under subsection (1).
15 Penalty: $5 000.
(3) A notice may provide that the requirement in the notice
does not apply to a category of employees specified in the notice.
Division 2 -- Reporting, records and accident sites
Application
20 68. This Division does not apply to petroleum sites in the
Commonwealth-State offshore area.
Note: The Petroleum (Submerged Lands) (Management of Safety on Offshore
Facilities) Regulations 1996 of the Commonwealth apply in relation to the
Commonwealth-State offshore area.
65
Petroleum Safety Bill 1998
cl. 69
Reporting accidents and diseases
69. (1) If an employee who works at a petroleum site dies or
suffers serious injury in, or as a result of, an accident at the site,
the employee's employer must, as soon as practicable after the
5 accident occurs, report the accident to the operator of the site.
Penalty: $5 000.
(2) If a person dies or suffers serious injury in, or as a result
of, an accident at a petroleum site, the operator of the site must,
as soon as practicable after the accident occurs --
10 (a) report the accident in accordance with the regulations
to a safety inspector;
(b) if the injured person so requests, report the accident
in accordance with the regulations to the secretary or
local representative of a trade union of which the
15 person is a member; and
(c) provide a written report of the accident in accordance
with the regulations to the State Petroleum Director.
Penalty: $5 000.
(3) If, at a petroleum site, an employee who works at the site
20 is affected, as a result of the work, by a disease that --
(a) results in the death of the employee; or
(b) is of a kind prescribed in the regulations for the
purposes of this subsection,
the employee's employer must forthwith notify the State
25 Petroleum Director in the prescribed form giving the particulars
that may be prescribed.
Penalty: $5 000.
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Petroleum Safety Bill 1998
cl. 70
Reporting certain occurrences
70. (1) In this section --
''occurrence'' means an occurrence of --
(a) accidental escape or ignition of petroleum or
5 other flammable or combustible material which,
in the relevant person's opinion, had the
potential to cause serious injury or serious harm
to health; or
(b) serious property damage;
10 ''relevant person'' means a person who is the operator of a
petroleum site or a person who has knowledge of the
occurrence in question and who is --
(a) the employer of an employee who works at the
site; or
15 (b) a self-employed person who works at the site.
(2) If there is an occurrence at a petroleum site, whether or
not bodily injury to a person or damage to property has resulted
from the occurrence, each relevant person must ensure that, as
soon as practicable after the occurrence --
20 (a) the occurrence is reported in accordance with the
regulations to a safety inspector; and
(b) a written report of the occurrence is provided in
accordance with the regulations to the State
Petroleum Director.
25 Penalty: $5 000.
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Petroleum Safety Bill 1998
cl. 71
Reporting potentially hazardous events
71. (1) In this section --
''potentially hazardous event'' means an event which is
not in the normal or ordinary course of a particular
5 petroleum operation and which, in the relevant
person's opinion, had the potential to cause serious
injury or serious harm to a person or serious property
damage;
''relevant person'' means a person who is the operator of a
10 petroleum site or a person who has knowledge of the
hazard in question and who is --
(a) the employer of an employee who works at the
site; or
(b) a self-employed person who works at the site.
15 (2) If a potentially hazardous event occurs at a petroleum
site, whether or not bodily injury to a person or damage to
property has resulted from the event, each relevant person must
ensure that, as soon as practicable after the event --
(a) the event is reported in accordance with the
20 regulations to a safety inspector; and
(b) a written report of the event is provided to the State
Petroleum Director specifying measures taken or to be
taken to prevent a possible recurrence.
Penalty: $5 000.
25 Accident records
72. (1) The operator of a petroleum site must --
(a) cause to be kept at the site a record of each accident
at the site that affects the safety or health of a person
(''the accident record'');
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Petroleum Safety Bill 1998
cl. 72
(b) ensure that --
(i) the accident record is kept safely and is legible
or capable of being produced in a legible form;
and
5 (ii) the accident record is kept at the site for as long
as a petroleum operation continues at the site;
and
(c) after the occurrence of an accident at the site resulting
in death or serious injury to a person, cause
10 prescribed details of the accident to be entered
without delay in the accident record.
Penalty: $5 000.
(2) The operator of a petroleum site must ensure that the
accident record is kept open at all reasonable times for the
15 examination of --
(a) an inspector;
(b) a safety and health representative for the site;
(c) a representative of a trade union which has a member
who is employed at the site; and
20 (d) a person authorized by the State Petroleum Director.
Penalty: $5 000.
(3) The operator of a petroleum site must, not later than
15 days after the end of each month, cause to be provided to the
State Petroleum Director a copy of the details entered in the
25 accident record relating to each accident that occurred during the
month other than an accident requiring no medical treatment or
only basic first aid treatment.
Penalty: $5 000.
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Petroleum Safety Bill 1998
cl. 73
(4) The person who was the operator of a petroleum site
immediately before the time when a petroleum operation is
abandoned or suspended at the site --
(a) must ensure that each accident record required to be
5 kept under this Act in respect of the site is kept for a
period of 7 years from the time of abandonment or
suspension of the petroleum operation; or
(b) must, if it is likely that the person will go into
liquidation or receivership, take steps to ensure that
10 each accident record required to be kept under this
Act in respect of the site is kept for the period referred
to in paragraph (a).
Penalty: $5 000.
Place of accident not to be disturbed
15 73. (1) A person must not disturb a place at a petroleum site
where an accident which caused death or serious injury has
occurred unless --
(a) the disturbance is necessary to save life or prevent
injury to a person; or
20 (b) the person has the permission of a safety inspector to
do so.
(2) Subsection (2) does not apply if a coroner or coroner's
investigator has restricted access, under section 32 of the
Coroners Act 1996, to a place at a petroleum site where a death
25 occurred.
Penalty: $5 000.
70
Petroleum Safety Bill 1998
cl. 74
PART 8 -- MINISTERIAL SAFETY AND HEALTH POWERS
Interpretation
74. A reference in this Part to the State includes a reference to
the State coastal waters and the Commonwealth-State offshore
5 area.
Petroleum Safety Advisory Board
75. (1) There is to be established a Board, to be known as the
Petroleum Safety Advisory Board, which in accordance with this
Part and the regulations is to provide advice to the Minister on
10 safety and health in the petroleum industry in the State.
(2) The Minister may in accordance with the regulations
appoint persons who the Minister thinks are appropriate to be
members of the Board including --
(a) representatives of the department and other
15 departments of the Public Service of the State;
(b) persons representing management of the petroleum
industry in the State; and
(c) persons representing employee groups or organizations
of persons working in the petroleum industry in the
20 State.
(3) Members of the Board are entitled to be paid the
remuneration and travelling and other allowances that the
Minister determines on the recommendation of the Minister for
Public Sector Management.
71
Petroleum Safety Bill 1998
cl. 76
Board's functions and procedure
76. (1) The functions of the Board are --
(a) to advise and make recommendations to the Minister
on safety and health matters concerning the
5 petroleum industry in the State;
(b) to inquire into and report to the Minister regarding
matters referred to the Board by the Minister relating
to safety and health in the petroleum industry in the
State;
10 (c) to make recommendations to the Minister regarding
the formulation, amendment, or repeal of laws for
which the Minister is responsible relating to safety
and health;
(d) for the purposes of maintaining appropriate standards
15 of safety and health in the petroleum industry, to
prepare or recommend the adoption of codes of
practice, guidelines, standards, specifications or other
forms of guidance for the purpose of assisting persons
who have a duty of care under this Act;
20 (e) to advise the Minister on education, training and
training courses with respect to safety and health in
the petroleum industry;
(f) to advise the Minister on publications concerning
safety and health which are relevant to the petroleum
25 industry; and
(g) to liaise with --
(i) the WorkSafe Western Australia Commission
established under the Occupational Safety and
Health Act 1984;
72
Petroleum Safety Bill 1998
cl. 77
(ii) the Mines Occupational Safety and Health
Advisory Board established under the Mines
Safety and Inspection Act 1994;
(iii) the Director of Energy Safety referred to in
5 section 5 of the Energy Coordination Act 1994; or
(iv) a corresponding or related national or
international body,
to coordinate activities on related functions and
maintain parallel standards.
10 (2) Except as provided in the regulations, the Board may
determine its own procedure.
Minister may publish report
77. The Minister may cause a report prepared for the purposes
of this Act by or on behalf of the State Petroleum Director or an
15 inspector to be published at the time and in the manner that the
Minister thinks appropriate.
Delegation of ministerial functions
78. (1) The Minister may, by instrument in writing, delegate
to a person, either generally or as otherwise provided in the
20 instrument, a power or duty that the Minister has under this
Act, other than this power of delegation.
(2) Anything done by a delegate under a delegation under
this section has the same force and effect as if it had been done
by the Minister.
25 Codes of practice
79. (1) The Minister may approve a code of practice which
has been considered by the Board, for the purpose of providing
practical guidance to persons who have a duty of care under this
Act.
73
Petroleum Safety Bill 1998
cl. 79
(2) A code of practice may consist of a code, standard, rule,
specification or provision relating to safety or health that is
prepared by an appropriate body and may incorporate by
reference another document of that kind either as it is in force at
5 the time the code of practice is approved or as it may from time
to time subsequently be amended.
(3) The Minister may approve the revision of the whole or a
part of a code of practice or revoke the approval of a code of
practice.
10 (4) The Minister is to cause to be published in the Gazette
notice of each approval or revocation under this section and the
approval or revocation comes into force on the publication day.
(5) The Minister is to cause a copy of --
(a) each code of practice;
15 (b) each document incorporated by reference in a code of
practice; and
(c) each revision or revocation of a code of practice,
to be laid before each House of Parliament within 14 sitting days
of the House and to be made available, without charge, for public
20 inspection.
(6) Where it is alleged in a proceeding under this Act that a
person has contravened a provision of this Act or the regulations
in relation to which a code of practice was in effect at the time of
the alleged contravention --
25 (a) the code of practice is admissible in evidence in the
proceeding; and
(b) demonstration that the person complied with the
provision of the Act or regulations whether or not by
observing a provision of the code of practice is a
30 satisfactory defence.
74
Petroleum Safety Bill 1998
cl. 79
(7) A person is not liable to a civil or criminal proceeding
only because the person has not complied with a provision of a
code of practice.
75
Petroleum Safety Bill 1998
cl. 80
PART 9 -- LEGAL PROCEEDINGS
Jurisdiction of safety and health magistrate
80. (1) If under this Act --
(a) a matter is capable of being referred to a safety and
5 health magistrate, the matter may be heard and
determined as if it were a matter in which jurisdiction
were conferred on the safety and health magistrate by
the Occupational Safety and Health Act 1984; or
(b) a proceeding for an offence is to be heard and
10 determined by a safety and health magistrate, the
proceeding may be heard and determined as if it were
a proceeding in which jurisdiction were conferred on
the safety and health magistrate by the Occupational
Safety and Health Act 1984,
15 and that Act, so far as it is capable of applying, is to extend to
the exercise of the jurisdiction of a safety and health magistrate
in those matters and proceedings accordingly.
(2) A decision of a safety and health magistrate on a matter
referred under this Act has effect according to its substance.
20 Offence proceedings to be determined by safety and
health magistrate
81. Each proceeding for an offence under this Act is to be heard
and determined by a safety and health magistrate.
Proceedings to be taken by inspector or authorized officer
25 82. (1) Each proceeding for an offence under this Act may be
instituted and conducted --
(a) subject to section 25 (2) (b), by an inspector; or
76
Petroleum Safety Bill 1998
cl. 83
(b) by a public service officer authorized in writing for the
purpose by the Minister.
(2) An inspector or public service officer is not to be
personally responsible for costs incurred by or awarded against
5 the inspector or officer in connection with a proceeding for an
offence under this Act.
Time limit for prosecutions
83. (1) Subject to subsection (2), each proceeding for an
offence under this Act must be commenced within 12 months
10 after the offence was committed.
(2) A proceeding for an offence under section 19 must be
commenced within 2 years after the offence was committed.
Evidentiary provisions
84. (1) In a proceeding for an offence under this Act, an
15 averment in the complaint that at a particular time --
(a) an activity was a petroleum operation;
(b) a particular place was a petroleum site;
(c) a particular person was --
(i) a title holder for a petroleum site;
20 (ii) the operator of a petroleum site;
(iii) the employer of an employee who worked at a
petroleum site;
(iv) a self-employed person, or an employee, who
worked at a petroleum site;
77
Petroleum Safety Bill 1998
cl. 84
(d) a particular person was a safety and health
representative, or a member of a safety and health
committee, for a petroleum site;
(e) a particular person was an inspector or a person
5 accompanying an inspector under section 25 (3);
(f) a notice required or authorized under this Act to be
given was given or had not been given;
(g) a direction was given by an inspector;
(h) a prescribed fee had not been paid,
10 is deemed to have been proved unless the contrary is proved.
(2) In a proceeding for an offence under this Act, proof is not
required as to any of the following matters, unless the contrary is
proved --
(a) a delegation by the Minister to the State Petroleum
15 Director or by that Director to a person for a
particular purpose or to do a particular act;
(b) the authority of a special inspector or a public service
officer to institute and conduct a proceeding for an
offence under this Act;
20 (c) the authority of a public service officer to sign a
certificate under subsection (3) or (4).
(3) In a proceeding in which it is necessary or expedient to
prove --
(a) the contents of a notice, direction or other document
25 required or authorized under this Act; or
(b) the service of a notice, direction or other document
required or authorized under this Act,
the contents or the service of the notice, direction or other
document may be sufficiently proved by the production of a
78
Petroleum Safety Bill 1998
cl. 85
purported copy of the notice, direction or document bearing a
certificate signed by a public service officer authorized by the
State Petroleum Director to the effect that the copy is a true copy
of the original or that the original was served in the manner set
5 out in the certificate, as the case requires.
(4) In a proceeding in which it is necessary or expedient to
prove the contents of a safety case at a particular time, the
contents or a relevant part of the contents may be sufficiently
proved by the production of a purported copy of the safety case or
10 the relevant part of the safety case bearing a certificate signed by
a public service officer authorized by the State Petroleum
Director to the effect that the copy is a true copy of the copy of
the safety case or relevant part of the safety case kept by the
Director.
15 Vicarious responsibility of operators and employers
85. If an offence under this Act is committed by a person
and --
(a) the operator of, or the employer of an employee who
works at, a petroleum site is proved knowingly to have
20 permitted or employed the person to commit the
offence; or
(b) the offence is proved to have been committed with the
consent or connivance of, or to be attributable to
neglect on the part of --
25 (i) the operator of, or the employer of an employee
who works at, a petroleum site; or
(ii) a person who was purporting to act in any of
those capacities,
then the persons who are referred to in paragraphs (a) and (b) as
30 well as the person who committed the offence commit the offence
and all those persons are severally liable to conviction.
79
Petroleum Safety Bill 1998
cl. 86
Offences by corporations
86. (1) If an offence under this Act is committed by a
corporation and the offence is proved to have been committed
with the consent or connivance of, or to be attributable to neglect
5 on the part of --
(a) a director, manager, secretary or other officer of the
corporation; or
(b) a person who was purporting to act in any of those
capacities,
10 then the persons who are referred to in paragraphs (a) and (b) as
well as the corporation, commit the offence and all those persons
and the corporation are severally liable to conviction.
(2) If the affairs of a corporation are managed by its
members then subsection (1) applies in relation to the acts and
15 defaults of a member in connection with the member's functions
of management as if the member were a director of the
corporation.
Continuing offences
87. (1) If an offence is committed by a person by way of
20 contravention of a provision of this Act under which the person is
required or directed to do an act or thing, or to refrain from doing
an act or thing, the offence is deemed to continue so long as the
act or thing so required or directed remains undone, or continues
to be done, as the case may be.
25 (2) If an offence is deemed to continue, the person who
committed the offence, whether by act or omission, commits an
additional offence on each day during which the offence is
deemed to continue and is liable to a fine not exceeding $200 for
each day on which the offence is so continued.
80
Petroleum Safety Bill 1998
cl. 88
PART 10 -- MISCELLANEOUS
Protection from liability
88. (1) A person who is or was --
(a) the State Petroleum Director or a delegate of that
5 Director;
(b) an inspector;
(c) a member of the Board; or
(d) a safety and health representative,
is a protected person for the purposes of this section.
10 (2) An action in tort does not lie against a protected person
for anything that the person has, in good faith, done in the
performance or purported performance of a function under this
Act.
(3) The protection given by this section applies even though
15 the thing done in the performance or purported performance of a
function under this Act may have been capable of being done
whether or not this Act had been enacted.
(4) In this section a reference to the doing of anything
includes a reference to the omission to do anything.
20 False or misleading entries in records
89. A person must not knowingly or recklessly make an entry
in a record that is false or misleading in a material way because
of --
(a) the inclusion of false or misleading matter in the
25 record; or
81
Petroleum Safety Bill 1998
cl. 90
(b) the omission from the record of matter that is
required or may be material.
Penalty: $5 000.
Regulations
5 90. (1) The Governor may make regulations prescribing all
matters that are required or permitted by this Act to be
prescribed, or are necessary or convenient to be prescribed, for
giving effect to the purposes of this Act, and in particular, may
make regulations with respect to the matters set out in
10 Schedule 1.
(2) A reference in section 43 of the Interpretation Act 1984 to
''the State'' includes, for the purposes of regulations made under
this Act, a reference to the State coastal waters and the
Commonwealth-State offshore area.
15 (3) Regulations made under this Act may create offences and
may provide for penalties not exceeding $5 000 and, if the offence
is a continuing one, for a further penalty not exceeding $200 for
each day or part of a day during which the offence continues
after notice of the offence has been given by or on behalf of an
20 inspector to the offender.
(4) Regulations prescribing the maximum levels of radiation
to which persons may be exposed at a petroleum site are not to
be made under this Act without the approval of the Radiological
Council established under the Radiation Safety Act 1975.
25 (5) Regulations made under this Act may adopt either
wholly or in part and either specifically or by reference, a
standard, rule, code or specification of the Standards Association
of Australia, or of an Australian or international body of well
established high repute.
82
Petroleum Safety Bill 1998
cl. 91
Publication of regulations at petroleum site
91. In order to make the provisions of all the regulations
applicable to a petroleum site known to all persons working at
the site, the operator of the site --
5 (a) must cause a correct copy in legible characters of all
the regulations applicable to the site to be posted up
in some conspicuous place, or kept in some readily
accessible place, at or near the site where they may be
conveniently read by the persons working at the site;
10 and
(b) so often as the copy referred to in paragraph (a)
becomes defaced, obliterated or destroyed, must cause
the copy to be renewed without delay.
Penalty: $5 000.
15 Consequential amendments
92. The Acts referred to in the first column of Schedule 2 are
amended as set out in the second column of that Schedule.
Review of Act
93. (1) The Minister is to conduct a review of the operation
20 and effectiveness of this Act as soon as is practicable after the
expiration of 5 years from its commencement, and in the course
of the review the Minister is to consider and have regard to --
(a) the effectiveness of the operations of the department
and the Board;
25 (b) the need for the continuation of the functions of the
Board; and
83
Petroleum Safety Bill 1998
cl. 93
(c) a matter that appears to be relevant to the operation
and effectiveness of this Act.
(2) The Minister is to prepare a report based on the review
and, as soon as practicable after the report is prepared, the
5 Minister is to cause the report to be laid before each House of
Parliament.
84
Petroleum Safety Bill 1998
Sch. 1
SCHEDULE 1 -- SUBJECT MATTER FOR REGULATIONS
[Section 90]
1. The appointment and functions of inspectors and their assistants.
2. Inspection of petroleum sites and petroleum operations.
5 3. The records to be made and kept in relation to the exercise of
inspectors' powers and the provision of, and access to, information about
the contents of those records.
4. Dealing with or imposing duties on employers, operators and other
persons under this Act.
10 5. Matters connected with any kind of petroleum operation including
any of the following activities that is conducted for the purpose of, or
that is ancillary to, exploring or drilling for petroleum or recovering,
producing, treating or transporting petroleum --
(a) geological and geophysical survey;
15 (b) exploration drilling;
(c) appraisal drilling;
(d) production drilling;
(e) workover of a well;
(f) design, construction and commissioning of plant;
20 (g) operation of support vessels and aircraft;
(h) diving operations;
(i) construction, maintenance, operation, use, alteration or
decommissioning of a petroleum pipeline;
(j) processing of hydrocarbons and associated fluids;
25 (k) operation of equipment, plant, facilities and other utilities
ancillary to exploration and production;
(l) operation of residential facilities and recreational facilities
in support of a petroleum operation if the facilities are
located in an area to which a petroleum authorization
30 applies;
(m) operations at a petroleum site for assessing the
environmental impact of a petroleum operation and for
rehabilitation of the site;
85
Petroleum Safety Bill 1998
Sch. 1
(n) operations for the care, security and maintenance of a
petroleum site and plant at the site whether or not
exploration or production operations at the site are
suspended;
5 (o) operations to leave a petroleum site safe on abandonment;
(p) decommissioning or removal of a petroleum site.
6. Matters connected with any kind of plant at petroleum sites or
used in particular petroleum operations.
7. Work systems at petroleum sites.
10 8. Safety management systems at petroleum sites.
9. Hazard identification and risk assessment at petroleum sites or in
relation to particular petroleum operations and the measures or
precautions to avoid accidents, injuries, harm to health or dangerous
occurrences at petroleum sites or in particular petroleum operations.
15 10. The safety and health standards and procedures to be complied
with --
(a) at petroleum sites or in particular petroleum operations;
(b) in the performance of work in connection with petroleum
sites or particular petroleum operations;
20 (c) in the use, cleaning, maintenance, disposal or
transportation of plant in connection with petroleum sites
or particular petroleum operations;
(d) in the use, handling, treatment, removal, processing,
storing, transport or disposal of substances in connection
25 with petroleum sites or particular petroleum operations;
(e) in the design, importing or supplying of plant in connection
with petroleum sites or particular petroleum operations; or
(f) in the design, manufacture, importing or supplying of
substances in connection with petroleum sites or particular
30 petroleum operations.
11. The action to be taken in the event of an accident, injury, harm to
a person's health or a dangerous occurrence in connection with a
petroleum site or a particular petroleum operation.
12. Escape and evacuation from, and other emergency response
35 requirements for, petroleum sites including training and competency of
personnel, procedures, exercises and equipment.
86
Petroleum Safety Bill 1998
Sch. 1
13. Protective clothing, safety appliances and equipment for use in
and about petroleum sites or particular petroleum operations.
14. The construction, decommissioning and abandonment of facilities
at petroleum sites.
5 15. Guard rails, access ways, openings, ladders and escape routes at
petroleum sites.
16. Matters connected with cranes, winches and lifts at petroleum
sites.
17. The installation and use of electricity in petroleum sites and with
10 lighting and communications equipment at petroleum sites.
18. Prohibiting or otherwise controlling the treatment, handling or
use of substances at petroleum sites or used in particular petroleum
operations.
19. Radiation safety at petroleum sites.
15 20. Fire and gas detection and protection systems at petroleum sites.
21. Explosives at petroleum sites.
22. Matters connected with transport at, to or from petroleum sites
including aircraft and vessel operations.
23. The classification of petroleum sites or petroleum operations.
20 24. Matters connected with the issue, suspension and cancellation of
certificates, permits or other authorizations or exemptions required or
permitted under this Act.
25. Work permit systems at petroleum sites or for particular
petroleum operations.
25 26. The employment and training of persons who work or who
propose to work at petroleum sites or in particular petroleum
operations.
27. Age limits of persons for certain classes of work at petroleum
sites or in particular petroleum operations.
30 28. The number of hours that persons may work at petroleum sites or
in particular petroleum operations.
29. Literacy and language requirements for persons working in or
about petroleum sites.
30. The medical examination, if required by the State Petroleum
35 Director, of persons who work or who propose to work at petroleum
sites or in particular petroleum operations.
87
Petroleum Safety Bill 1998
Sch. 1
31. The medical fitness of persons for certain classes of work at
petroleum sites or in particular petroleum operations.
32. The provision of first aid facilities and medical support for use at
petroleum sites.
5 33. The provision of temporary refuges for persons at petroleum sites.
34. Hygiene and sanitation at petroleum sites.
35. Smoking by any persons at petroleum sites.
36. Possession, control or consumption of substances which, if
consumed by a person, would impair the person's ability to perform
10 safely work at a petroleum site.
37. Surveillance of the health and the biomedical monitoring of
persons who work at petroleum sites or in particular petroleum
operations.
38. The keeping of records concerning the health of persons who work
15 at petroleum sites or in particular petroleum operations and the
provision of those records to the State Petroleum Director.
39. The reporting of injuries, occupational diseases, accidents and
occurrences, the method by which those things are to be reported and
the matters to be reported.
20 40. The recording of injuries, occupational diseases, accidents and
occurrences, the method by which those things are to be recorded and
the matters to be recorded.
41. The admission of personnel to petroleum sites and the
maintenance of personnel records.
25 42. Plans, surveys and other documentation relating to petroleum
sites.
43. Matters requiring consultation with, or the agreement of, persons
who work at petroleum sites or in particular petroleum operations.
44. Dealing with wilful damage to, or the unauthorized removal of,
30 plant or any other thing provided at a petroleum site for the proper
working of the petroleum site or a particular petroleum operation.
45. The conduct of elections under this Act by secret ballot.
46. Fees or charges, and the recovery of fees or charges.
88
Petroleum Safety Bill 1998
Sch. 2
SCHEDULE 2 -- CONSEQUENTIAL AMENDMENTS
[Section 92]
Short title of Act Amendment
Occupational Safety In section 4 (2) delete '', petroleum well or
5 and Health Act 1984 petroleum pipeline'' and substitute the
following --
'' or petroleum site ''.
In section 4 (2) delete '', the Petroleum
Act 1967, the Petroleum (Submerged Lands)
10 Act 1982 or the Petroleum Pipelines
Act 1969,'' and substitute the following --
'' or the Petroleum Safety
Act 1998, ''.
Petroleum Act 1967 Section 91 (1) is amended by deleting ''and
15 shall secure the safety, health and welfare of
persons engaged in those operations in or
about the permit area, drilling reservation,
lease area or licence area''.
Section 91 (3) is amended by deleting ''and
20 shall secure the safety, health and welfare of
persons engaged in those operations in or
about that area''.
Petroleum Pipelines Section 36A is amended by deleting ''and
Act 1969 shall secure the safety, health and welfare of
25 persons engaged in operations in connection
with the pipeline''.
Section 67 (1) (a) is amended by deleting
''and the safety measures to be taken in
respect thereof ''.
30 Petroleum (Submerged Section 97 (1) is amended by deleting ''and
Lands) Act 1982 shall secure the safety, health and welfare of
persons engaged in those operations in or
about the permit area, lease area or licence
area''.
89
Petroleum Safety Bill 1998
Sch. 2
Section 97 (3) is amended by deleting ''and
shall secure the safety, health and welfare of
persons engaged in operations in connection
with the pipeline''.
5 Section 97 (5) is amended by deleting ''and
shall secure the safety, health and welfare of
persons engaged in those operations in or
about that area''.
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