Compliance Framework
                                 
                            
                                 
                            Compliance Driver 
                                Work Health and Safety Act 2011 (NSW) 
                            
                                 
                            Classification 
                                Level 1 
                            
University-wide concern. Impacts on reputation and funding.
                                 
                            Associated Legislation 
                                
                
                                 
                            
                                 
                            Associated Standards 
                                
                
                                 
                            
                                 
                            Associated Codes 
                                
                None
                                 
                            
                                 
                            Associated Information 
                                
                
                                 
                            
                                 
                            
                                    Return to Top
                                    Administrative Information
                                 
                            
                                 
                            Administrative Body 
                                SafeWork NSW 
                            
                                 
                            Administrative Name 
                                   
                            
                                 
                            Administrative Address 
                                
                Mailing Address 
                            
Locked Bag 2906
Lisarow NSW 
Australia, 2252
                                
                                 
                            Administrative Phone 
                                
                13 10 50 
                            
                                
                                 
                            Administrative Email 
                                
                contact@safework.nsw.gov.au 
                            
                                
                                 
                            Administrative Website 
                                
                http://www.safework.nsw.gov.au/ 
                            
                                
                                 
                            
                                    Return to Top
                                    General Introduction
                                 
                            
                                 
                            VC Compliance Delegate 
                                Meredith Parry, Chief Operating Officer 
                            
                                 
                            Compliance Coordinator 
                                Diana Chambers, Senior Manager, Health Safety and Wellbeing 
                            
                                 
                            Business Units Impacted 
                                
                 
                            
                                 
                Overview 
                                The objects of the work health safety laws are: 
                            
- to protect the health and safety of workers
- to improve safety outcomes in workplaces
- to reduce compliance costs for business, and
- to improve efficiency for regulatory agencies. 
As a 'person conducting a business or undertaking' (PCBU) the University must meet its obligations, so far as is reasonably practicable, to ensure the health and safety of workers (persons who perform work for a PCBU) and other people like visitors and volunteers. These obligations include:
1. safe systems of work
2. safe use of plant, structures and substances
3. adequate facilities for the welfare of workers
4. notification and recording of workplace incidents
5. adequate information, training, instruction and supervision
6. compliance with requirements under the Work Health and Safety Regulation
7. effective systems for monitoring the health of workers and workplace conditions
8. a safe work environment
9. maintain the premises used for accommodation for workers, if required
A PCBU has further obligations if involved in specific kinds of activities like:
1. the management and control of workplaces, or fixtures, fittings or plant at workplaces
2. the design, manufacture, import or supply of plant, substances or structures
3. installation, construction or commissioning of plant or structures.
PCBUs must also have meaningful and open consultation about work health and safety with workers, health and safety 
representatives, and health and safety committees.
As a PCBU the University must also consult, cooperate and coordinate with other PCBUs if duties are shared.  Compliance Obligations
                                 
                            
                                    Return to Top
                                    Asbestos Management Plan
                                 
                            
                                 
                            Description 
                                Under clause 429 of the Work Health and Safety Regulation 2011 the University must have a written up-to-date asbestos management plan, which is readily accessible to workers, health and safety representatives, businesses undertaking work at the University, as well as WorkCover NSW (see clauses 429(5)). 
                            
                                 
                            Impacts 
                                Fines: 
                            
- individuals up tp $6,000
-  body corporate $30,000
                                 
                            Responsible Manager 
                                Diana Chambers, Senior Manager, Health Safety and Wellbeing 
                            
                                 
                            Coordinating Officer 
                                Diana Chambers, Senior Manager, Health Safety and Wellbeing 
                            
                                 
                            Coordinating Unit 
                                People and Culture 
                            
                                 
                            Oversight Committee/Group 
                                None 
                            
                                 
                            Business Units Impacted 
                                
                             
                                 
                            Obligation Framework 
                            
                                 
                            Associated Legislation 
                                
                        None
                                 
                            
                                 
                            Associated Standard 
                                
                        None
                                 
                            
                                 
                            Associated Code 
                                
                        None
                                 
                            
                                 
                            Associated Information 
                                
                        None
                                 
                            
                                 
                        
                                    Management Tools 
                            
                                         
                                
                                    Rule 
                                        None 
                                    
                                         
                                
                                    Policy 
                                        None 
                                    
                                         
                                
                                    Protocol 
                                        None 
                                    
                                         
                                
                                    Procedure 
                                        None 
                                    
                                         
                                
                                Guideline 
                                        None 
                                    
                                     
                            Other Websites 
                                    
                                   
                                 
                            
                                    Return to Top
                                    Asbestos Register
                                 
                            
                                 
                            Description 
                                Under clause 425 of the Work Health and Safety Regulation 2011 the University must have an up-to-date asbestos register, which is readily accessible to workers, health and safety representatives, businesses undertaking work at the University, as well as SafeWork NSW (see clauses 427). 
                            
Under clause 426 the University "must ensure that the register is reviewed and as necessary revised if:
(a) the asbestos management plan is reviewed under clause 430, or
(b) further asbestos or ACM is identified at the workplace, or
(c) asbestos is removed from, or disturbed, sealed or enclosed at, the workplace."
It is mandatory that where work "involves a risk of exposure to airborne asbestos" the University must give a copy of the asbestos register to the person carrying out the work.
                                 
                            Impacts 
                                Fines: 
                            
- individuals up tp $3,600
-  body corporate $18,000
                                 
                            Responsible Manager 
                                Diana Chambers, Senior Manager, Health Safety and Wellbeing 
                            
                                 
                            Coordinating Officer 
                                Diana Chambers, Senior Manager, Health Safety and Wellbeing 
                            
                                 
                            Coordinating Unit 
                                People and Culture 
                            
                                 
                            Oversight Committee/Group 
                                None 
                            
                                 
                            Business Units Impacted 
                                
                             
                                 
                            Obligation Framework 
                            
                                 
                            Associated Legislation 
                                
                        None
                                 
                            
                                 
                            Associated Standard 
                                
                        None
                                 
                            
                                 
                            Associated Code 
                                
                        None
                                 
                            
                                 
                            Associated Information 
                                
                        None
                                 
                            
                                 
                        
                                    Management Tools 
                            
                                         
                                
                                    Rule 
                                        None 
                                    
                                         
                                
                                    Policy 
                                        None 
                                    
                                         
                                
                                    Protocol 
                                        None 
                                    
                                         
                                
                                    Procedure 
                                        None 
                                    
                                         
                                
                                Guideline 
                                        None 
                                    
                                     
                            Other Websites 
                                    
                                   
                                 
                            
                                    Return to Top
                                    Compliance with Workers' Compensation (Dust Diseases) Act 1942
                                 
                            
                                 
                            Description 
                                Ensure compliance with the Workers' Compensation (Dust Diseases) Act 1942, which is an Act to make provisions regarding the payment of compensation in the case of workers who suffer death or disablement owing to the disease known as silicosis of the lungs, or owing to other diseases of the pulmonary or respiratory organs caused by exposure to silica dust.Compliance with Act 
                            
                                 
                            Impacts 
                                
                             
                                 
                            Responsible Manager 
                                Anthea White, Director People and Culture 
                            
                                 
                            Coordinating Officer 
                                Diana Chambers, Senior Manager, Health Safety and Wellbeing 
                            
                                 
                            Coordinating Unit 
                                People and Culture 
                            
                                 
                            Oversight Committee/Group 
                                None 
                            
                                 
                            Business Units Impacted 
                                
                                 
                            Obligation Framework 
                            
                                 
                            Associated Legislation 
                                
                        None
                                 
                            
                                 
                            Associated Standard 
                                
                        None
                                 
                            
                                 
                            Associated Code 
                                
                        None
                                 
                            
                                 
                            Associated Information 
                                
                        None
                                 
                            
                                 
                        
                                    Management Tools 
                            
                                         
                                
                                    Rule 
                                        None 
                                    
                                         
                                
                                    Policy 
                                        None 
                                    
                                         
                                
                                    Protocol 
                                        None 
                                    
                                         
                                
                                    Procedure 
                                        None 
                                    
                                         
                                
                                Guideline 
                                        None 
                                    
                                     
                            Other Websites 
                                    
                                   
                                 
                            
                                    Return to Top
                                    Consultation
                                 
                            
                                 
                            Description 
                                Under section 47 of the Act the University must, so far as is reasonable practicable, consult with its workers who carry out work for the University who are, or likely to be, directly affected by a matter relating to work health and safety. Consultation requires: 
                            
(a) that relevant information about the work health and safety matter is shared with workers, and
(b) that workers be given a reasonable opportunity:
     (i) to express their views and to raise work health or safety issues in relation to the matter, and
     (ii) to contribute to the decision-making process relating to the matter, and
(c) that the views of workers are taken into account by the University, and
(d) that the workers consulted are advised of the outcome of the consultation in a timely manner.
(2) If the workers are represented by a health and safety representative, the consultation must involve that representative.
49 When consultation is required
Consultation is required in relation to the following health and safety matters:
(a) when identifying hazards and assessing risks to health and safety arising from the work carried out or to be carried out by the University,
(b) when making decisions about ways to eliminate or minimise those risks,
(c) when making decisions about the adequacy of facilities for the welfare of workers,
(d) when proposing changes that may affect the health or safety of workers,
(e) when making decisions about the procedures for:
     (i) consulting with workers, or
     (ii) resolving work health or safety issues at the workplace, or
     (iii) monitoring the health of workers, or
     (iv) monitoring the conditions at any workplace under the management or control of the University, or
     (v) providing information and training for workers, or
In addition, if more than one person has a duty in relation to work, health and safety under the Act, then each person must, so far as is reasonably practicable, consult, co-operate and co-ordinate activities with all other persons who have a duty in relation to the same matter.
                                 
                            Impacts 
                                Maximum penalty: 
                            
(a) $20,000 in the case of an individual, or
(b) $100,000 in the case of a body corporate.
                                 
                            Responsible Manager 
                                Anthea White, Director People and Culture 
                            
                                 
                            Coordinating Officer 
                                Diana Chambers, Senior Manager, Health Safety and Wellbeing 
                            
                                 
                            Coordinating Unit 
                                People and Culture 
                            
                                 
                            Oversight Committee/Group 
                                None 
                            
                                 
                            Business Units Impacted 
                                
                                 
                            Obligation Framework 
                            
                                 
                            Associated Legislation 
                                
                        None
                                 
                            
                                 
                            Associated Standard 
                                
                        None
                                 
                            
                                 
                            Associated Code 
                                
                        None
                                 
                            
                                 
                            Associated Information 
                                
                        None
                                 
                            
                                 
                        
                                    Management Tools 
                            
                                         
                                
                                    Rule 
                                        WHS OP003 -Terms of Reference (Vice-Chancellor approved) - Work Health and Safety (WHS) Committee 
                                    
WHS OP004 - Terms of Reference (Vice-Chancellor approved) - Work Health and Safety (WHS) Management Group
WHS OP019 Terms of Reference (Vice-Chancellor approved) - Organisational Resilience Planning Committee
                                         
                                
                                    Policy 
                                        None 
                                    
                                         
                                
                                    Protocol 
                                        WHS P001 Work Health and Safety Management System (WHSMS) Protocol 
                                    
WHS P003 Consultation Protocol
                                         
                                
                                    Procedure 
                                        WHS OP002 - Terms of Reference - Work Health and Safety (WHS) Work Groups 
                                    
                                         
                                
                                Guideline 
                                        None 
                                    
                                     
                            Other Websites 
                                    
                                   
                                 
                            
                                    Return to Top
                                    Duties of Employees/Workers
                                 
                            
                                 
                            Description 
                                Under s28 of the Act all employees/workers must take reasonable care of their own health and safety and the health, safety and wellbeing of others that may be affected by their actions or omissions. Employees/workers must also comply with any reasonable instruction, policy and procedure. This includes: 
                            
1. eliminating or reporting all hazards and maintenance issues
2. following safe work procedures
3. not interfering with or removing or misusing anything provided to keep the work place safe (e.g. signs, guards)
4. preventing harrassment, discrimination and bullying.
It is the responsibility of workers to conduct a risk assessment and to manage or escalate any risks by implementing appropriate procedures and using the hierarchy of control (eliminate, isolate, separate, substitute, engineer and safe design, administration controls, and/or protective equipment).
Under section 14 of the Act, a duty cannot be transferred to another person, and under section 15 a person may have more than one duty by virtue of being in more than one class of duty holder.
                                 
                            Impacts 
                                Maximum penalties range from: 
                            
(a) $50,000 to $300,000 or 5 years imprisonment or both, in the case of an offence committed by an individual (other than as a person
conducting a business or undertaking or as an officer of a person conducting a business or undertaking), or
(b) $100,000 to $600,000 or 5 years imprisonment or both,in the case of an offence committed by an individual as a person conducting a
business or undertaking or as an officer of a person conducting a business or undertaking, or
(c) $500,000 to $3,000,000 in the case of an offence committed by a body corporate.
                                 
                            Responsible Manager 
                                Anthea White, Director People and Culture 
                            
                                 
                            Coordinating Officer 
                                Diana Chambers, Senior Manager, Health Safety and Wellbeing 
                            
                                 
                            Coordinating Unit 
                                People and Culture 
                            
                                 
                            Oversight Committee/Group 
                                None 
                            
                                 
                            Business Units Impacted 
                                
                                 
                            Obligation Framework 
                            
                                 
                            Associated Legislation 
                                
                        None
                                 
                            
                                 
                            Associated Standard 
                                
                        None
                                 
                            
                                 
                            Associated Code 
                                
                        None
                                 
                            
                                 
                            Associated Information 
                                
                        None
                                 
                            
                                 
                        
                                    Management Tools 
                            
                                         
                                
                                    Rule 
                                        None 
                                    
                                         
                                
                                    Policy 
                                        Prevention of Harassment, Bullying and Discrimination Policy 
                                    
                                         
                                
                                    Protocol 
                                        None 
                                    
                                         
                                
                                    Procedure 
                                        Prevention of Harassment, Bullying and Discrimination Procedure 
                                    
                                         
                                
                                Guideline 
                                        None 
                                    
                                     
                            Other Websites 
                                    
                                   
                                 
                            
                                    Return to Top
                                    Duties of Other Persons
                                 
                            
                                 
                            Description 
                                Under s29 of the Act all students, visitors, delivery people, family and friends, etc, must ensure whilst they are in attendance at a place where UNE work is being carried: 
                            
1. take reasonable care for their own health and safety
2. take reasonable care for the health and safety of others
3. comply with reasonable instructions, policies and procedures given by UNE Representatives
It is the responsibility of workers to conduct a risk assessment and to manage or escalate any risks by implementing appropriate controls.
                                 
                            Impacts 
                                Maximum penalties range from: 
                            
(a) $50,000 to $300,000 or 5 years imprisonment or both, in the case of an offence committed by an individual (other than as a person
conducting a business or undertaking or as an officer of a person conducting a business or undertaking), or
(b) $100,000 to $600,000 or 5 years imprisonment or both,in the case of an offence committed by an individual as a person conducting a
business or undertaking or as an officer of a person conducting a business or undertaking, or
(c) $500,000 to $3,000,000 in the case of an offence committed by a body corporate.
                                 
                            Responsible Manager 
                                Anthea White, Director People and Culture 
                            
                                 
                            Coordinating Officer 
                                Diana Chambers, Senior Manager, Health Safety and Wellbeing 
                            
                                 
                            Coordinating Unit 
                                People and Culture 
                            
                                 
                            Oversight Committee/Group 
                                None 
                            
                                 
                            Business Units Impacted 
                                
                                 
                            Obligation Framework 
                            
                                 
                            Associated Legislation 
                                
                        None
                                 
                            
                                 
                            Associated Standard 
                                
                        None
                                 
                            
                                 
                            Associated Code 
                                
                        None
                                 
                            
                                 
                            Associated Information 
                                
                        None
                                 
                            
                                 
                        
                                    Management Tools 
                            
                                         
                                
                                    Rule 
                                        None 
                                    
                                         
                                
                                    Policy 
                                        None 
                                    
                                         
                                
                                    Protocol 
                                        None 
                                    
                                         
                                
                                    Procedure 
                                        None 
                                    
                                         
                                
                                Guideline 
                                        None 
                                    
                                     
                            Other Websites 
                                    
                                   
                                 
                            
                                    Return to Top
                                    Duties of the University
                                 
                            
                                 
                            Description 
                                The University is a 'person conducting a business or undertaking' (PCBU) - the legal term under WHS laws for individuals, businesses or organisations that are conducting business. Under s19, as a PCBU the University must meet its obligations, so far as is reasonably practicable, to ensure the health and safety of workers and other people (e.g. visitors and volunteers). 
                            
These obligations include:
1. safe systems of work
2. safe use of plant, structures and substances
3. adequate facilities for the welfare of workers
4. notification and recording of workplace incidents
5. adequate information, training, instruction and supervision
6. compliance with requirements under the Work Health and Safety Regulation
7. effective systems for monitoring the health of workers and workplace conditions
8. a safe work environment
                                 
                            Impacts 
                                Maximum penalties range from: 
                            
(a) $50,000 to $300,000 or 5 years imprisonment or both, in the case of an offence committed by an individual (other than as a person
conducting a business or undertaking or as an officer of a person conducting a business or undertaking), or
(b) $100,000 to $600,000 or 5 years imprisonment or both,in the case of an offence committed by an individual as a person conducting a
business or undertaking or as an officer of a person conducting a business or undertaking, or
(c) $500,000 to $3,000,000 in the case of an offence committed by a body corporate.
                                 
                            Responsible Manager 
                                Meredith Parry, Chief Operating Officer 
                            
                                 
                            Coordinating Officer 
                                Diana Chambers, Senior Manager, Health Safety and Wellbeing 
                            
                                 
                            Coordinating Unit 
                                People and Culture 
                            
                                 
                            Oversight Committee/Group 
                                None 
                            
                                 
                            Business Units Impacted 
                                
                                 
                            Obligation Framework 
                            
                                 
                            Associated Legislation 
                                
                        None
                                 
                            
                                 
                            Associated Standard 
                                
                        None
                                 
                            
                                 
                            Associated Code 
                                
                        None
                                 
                            
                                 
                            Associated Information 
                                
                        None
                                 
                            
                                 
                        
                                    Management Tools 
                            
                                         
                                
                                    Rule 
                                        None 
                                    
                                         
                                
                                    Policy 
                                        None 
                                    
                                         
                                
                                    Protocol 
                                        None 
                                    
                                         
                                
                                    Procedure 
                                        None 
                                    
                                         
                                
                                Guideline 
                                        None 
                                    
                                     
                            Other Websites 
                                    
                                   
                                 
                            
                                    Return to Top
                                    Duty of Officers - Due Diligence
                                 
                            
                                 
                            Description 
                                Under s252 of the Act an 'Officer of public authority' (the University is a public authority) is a "person who makes, or participates in making, decisions that affect the whole, or a substantial part, of the business or undertaking of a public authority". At UNE an 'officer' includes, but is not limited to: 
                            
1. Members of the University Council;
2. Members of the Senior Executive;
3. Head's of Schools; and
4. Director's of business units.
Under s27 it is a duty of 'officers' to "exercise due diligence to ensure that the person conducting the business or undertaking complies with" duties and obligations under the Act.
Due diligence "includes taking reasonable steps:
(a) to acquire and keep up-to-date knowledge of work health and safety matters, and
(b) to gain an understanding of the nature of the operations of the business or undertaking of the person conducting the business or undertaking and generally of the hazards and risks associated with those operations, and
(c) to ensure that the person conducting the business or undertaking has available for use, and uses, appropriate resources and processes to eliminate or minimise risks to health and safety from work carried out as part of the conduct of the business or undertaking, and
(d) to ensure that the person conducting the business or undertaking has appropriate processes for receiving and considering information regarding incidents, hazards and risks and responding in a timely way to that information, and
(e) to ensure that the person conducting the business or undertaking has, and implements, processes for complying with any duty or obligation of the person conducting the business or undertaking under this Act, and
For the purposes of paragraph (e), the duties or obligations under this Act of a person conducting a business or undertaking may include:
• reporting notifiable incidents,
• consulting with workers,
• ensuring compliance with notices issued under this Act,
• ensuring that health and safety representatives receive their entitlements to training.
(f) to verify the provision and use of the resources and processes referred to in paragraphs (c)–(e)."
Under section 14 of the Act, a duty cannot be transferred to another person, and under section 15 a person may have more than one duty by virtue of being in more than one class of duty holder.
                                 
                            Impacts 
                                Maximum penalties range from: 
                            
(a) $50,000 to $300,000 or 5 years imprisonment or both, in the case of an offence committed by an individual (other than as a person
conducting a business or undertaking or as an officer of a person conducting a business or undertaking), or
(b) $100,000 to $600,000 or 5 years imprisonment or both,in the case of an offence committed by an individual as a person conducting a
business or undertaking or as an officer of a person conducting a business or undertaking, or
(c) $500,000 to $3,000,000 in the case of an offence committed by a body corporate.
                                 
                            Responsible Manager 
                                Anthea White, Director People and Culture 
                            
                                 
                            Coordinating Officer 
                                Diana Chambers, Senior Manager, Health Safety and Wellbeing 
                            
                                 
                            Coordinating Unit 
                                People and Culture 
                            
                                 
                            Oversight Committee/Group 
                                None 
                            
                                 
                            Business Units Impacted 
                                
                                 
                            Obligation Framework 
                            
                                 
                            Associated Legislation 
                                
                        None
                                 
                            
                                 
                            Associated Standard 
                                
                        None
                                 
                            
                                 
                            Associated Code 
                                
                        None
                                 
                            
                                 
                            Associated Information 
                                
                        None
                                 
                            
                                 
                        
                                    Management Tools 
                            
                                         
                                
                                    Rule 
                                        None 
                                    
                                         
                                
                                    Policy 
                                        None 
                                    
                                         
                                
                                    Protocol 
                                        None 
                                    
                                         
                                
                                    Procedure 
                                        None 
                                    
                                         
                                
                                Guideline 
                                        None 
                                    
                                     
                            Other Websites 
                                    
                                   
                                 
                            
                                    Return to Top
                                    Evacuation Training
                                 
                            
                                 
                            Description 
                                Buildings must be scheduled for annual training in precincts. 
                            
                                 
                            Impacts 
                                
                             
                                 
                            Responsible Manager 
                                Kathy Little, Operational Services Manager 
                            
                                 
                            Coordinating Officer 
                                Diana Chambers, Senior Manager, Health Safety and Wellbeing 
                            
                                 
                            Coordinating Unit 
                                People and Culture 
                            
                                 
                            Oversight Committee/Group 
                                None 
                            
                                 
                            Business Units Impacted 
                                
                             
                                 
                            Obligation Framework 
                            
                                 
                            Associated Legislation 
                                
                        None
                                 
                            
                                 
                            Associated Standard 
                                
                        
                                 
                            
                                 
                            Associated Code 
                                
                        None
                                 
                            
                                 
                            Associated Information 
                                
                         
                            
                                 
                        
                                    Management Tools 
                            
                                         
                                
                                    Rule 
                                        None 
                                    
                                         
                                
                                    Policy 
                                        None 
                                    
                                         
                                
                                    Protocol 
                                        None 
                                    
                                         
                                
                                    Procedure 
                                        None 
                                    
                                         
                                
                                Guideline 
                                        None 
                                    
                                     
                            Other Websites 
                                    
                                   
                                 
                            
                                    Return to Top
                                    Hazardous Chemicals Register
                                 
                            
                                 
                            Description 
                                Under clause 346 of the Work Health and Safety Regulation 2011 the University must have an up-to-date hazardous chemicals register, which is readily accessible to workers. 
                            
                                 
                            Impacts 
                                Fines: 
                            
- individuals up tp $6000
-  body corporate $30,000
                                 
                            Responsible Manager 
                                Diana Chambers, Senior Manager, Health Safety and Wellbeing 
                            
                                 
                            Coordinating Officer 
                                Diana Chambers, Senior Manager, Health Safety and Wellbeing 
                            
                                 
                            Coordinating Unit 
                                People and Culture 
                            
                                 
                            Oversight Committee/Group 
                                None 
                            
                                 
                            Business Units Impacted 
                                
                             
                                 
                            Obligation Framework 
                            
                                 
                            Associated Legislation 
                                
                        None
                                 
                            
                                 
                            Associated Standard 
                                
                        None
                                 
                            
                                 
                            Associated Code 
                                
                        None
                                 
                            
                                 
                            Associated Information 
                                
                        None
                                 
                            
                                 
                        
                                    Management Tools 
                            
                                         
                                
                                    Rule 
                                        None 
                                    
                                         
                                
                                    Policy 
                                        None 
                                    
                                         
                                
                                    Protocol 
                                        None 
                                    
                                         
                                
                                    Procedure 
                                        None 
                                    
                                         
                                
                                Guideline 
                                        None 
                                    
                                     
                            Other Websites 
                                    
                                   
                                 
                            
                                    Return to Top
                                    Health and Safety Committee
                                 
                            
                                 
                            Description 
                                Under section 75 the University must establish a health and safety committee for the business or undertaking or part of the business or undertaking: 
                            
(a) within 2 months after being requested to do so by:
    (i) a health and safety representative for a work group of workers carrying out work at that workplace, or
    (ii) 5 or more workers at that workplace, or
(b) if required by the regulations to do so, within the time prescribed by the 
                                 
                            Impacts 
                                Maximum penalty of $25,000 
                            
                                 
                            Responsible Manager 
                                Anthea White, Director People and Culture 
                            
                                 
                            Coordinating Officer 
                                Diana Chambers, Senior Manager, Health Safety and Wellbeing 
                            
                                 
                            Coordinating Unit 
                                People and Culture 
                            
                                 
                            Oversight Committee/Group 
                                None 
                            
                                 
                            Business Units Impacted 
                                
                                 
                            Obligation Framework 
                            
                                 
                            Associated Legislation 
                                
                        None
                                 
                            
                                 
                            Associated Standard 
                                
                        None
                                 
                            
                                 
                            Associated Code 
                                
                        None
                                 
                            
                                 
                            Associated Information 
                                
                        None
                                 
                            
                                 
                        
                                    Management Tools 
                            
                                         
                                
                                    Rule 
                                        None 
                                    
                                         
                                
                                    Policy 
                                        None 
                                    
                                         
                                
                                    Protocol 
                                        None 
                                    
                                         
                                
                                    Procedure 
                                        None 
                                    
                                         
                                
                                Guideline 
                                        None 
                                    
                                     
                            Other Websites 
                                    
                                   
                                 
                            
                                    Return to Top
                                    Health and Safety Representatives - PCBU Obligations
                                 
                            
                                 
                            Description 
                                Under s70 the University should provide support for the Health and Safety Representatives (HSR) and must: 
                            
1. allow the HSR adequate time at normal pay to carry out their role
2. consult and confer with the HSR on work health and safety issues (eg when proposing measures to eliminate or minimise risks)
3. allow the HSR access to information about hazards and risks at the workplace as well as information relating to the health and safety of workers at the workplace (excluding workers' personal or medical information without the workers' consent)
4. allow the HSR to be present at an interview relating to work health and safety issues if a worker consents
5. provide the resources, facilities and assistance that are reasonably necessary for them to perform their functions
6. allow any person assisting the HSR, access to the workplace as necessary
7. permit the HSR to accompany an inspector on an inspection
8. grant five days initial training for the HSR, if requested, with a training provider approved by SafeWork NSW and, grant a one day annual refresher training if requested (s72).
In addition, under s74  the University:
1.  must notify SafeWork NSW of ourHSRs and any deputy HSRs, and
2. print a list of our current HSRs and deputy HSRs and their related work groups for display at our principal place of business and any other workplaces related to the work groups.
                                 
                            Impacts 
                                Maximum penalties: 
                            
(a) $10,000 in the case of an individual, or
(b)$50,000 in the case of a body corporate.
                                 
                            Responsible Manager 
                                Anthea White, Director People and Culture 
                            
                                 
                            Coordinating Officer 
                                Diana Chambers, Senior Manager, Health Safety and Wellbeing 
                            
                                 
                            Coordinating Unit 
                                People and Culture 
                            
                                 
                            Oversight Committee/Group 
                                None 
                            
                                 
                            Business Units Impacted 
                                
                                 
                            Obligation Framework 
                            
                                 
                            Associated Legislation 
                                
                        None
                                 
                            
                                 
                            Associated Standard 
                                
                        None
                                 
                            
                                 
                            Associated Code 
                                
                        None
                                 
                            
                                 
                            Associated Information 
                                
                        None
                                 
                            
                                 
                        
                                    Management Tools 
                            
                                         
                                
                                    Rule 
                                        None 
                                    
                                         
                                
                                    Policy 
                                        None 
                                    
                                         
                                
                                    Protocol 
                                        WHS P003 Consultation Protocol 
                                    
                                         
                                
                                    Procedure 
                                        None 
                                    
                                         
                                
                                Guideline 
                                        None 
                                    
                                     
                            Other Websites 
                                    
                                   
                                 
                            
                                    Return to Top
                                    Health and Safety Representatives - responsibilities
                                 
                            
                                 
                            Description 
                                Health and safety representatives (HSRs) are elected to represent workers in a 'work group' on health and safety matters. The work groups are established first through consultation and agreement between the business or employer (or other PCBU) and the relevant workers, then nominees are called and an election is held. 
                            
The powers and functions of a HSR are detailed in s68 of the Work Health and Safety Act 2011
                                 
                            Impacts 
                                Fines and penalties 
                            
                                 
                            Responsible Manager 
                                Diana Chambers, Senior Manager, Health Safety and Wellbeing 
                            
                                 
                            Coordinating Officer 
                                Diana Chambers, Senior Manager, Health Safety and Wellbeing 
                            
                                 
                            Coordinating Unit 
                                People and Culture 
                            
                                 
                            Oversight Committee/Group 
                                None 
                            
                                 
                            Business Units Impacted 
                                
                                 
                            Obligation Framework 
                            
                                 
                            Associated Legislation 
                                
                        None
                                 
                            
                                 
                            Associated Standard 
                                
                        None
                                 
                            
                                 
                            Associated Code 
                                
                        None
                                 
                            
                                 
                            Associated Information 
                                
                        None
                                 
                            
                                 
                        
                                    Management Tools 
                            
                                         
                                
                                    Rule 
                                        None 
                                    
                                         
                                
                                    Policy 
                                        None 
                                    
                                         
                                
                                    Protocol 
                                        None 
                                    
                                         
                                
                                    Procedure 
                                        None 
                                    
                                         
                                
                                Guideline 
                                        None 
                                    
                                     
                            Other Websites 
                                    
                                   
                                 
                            
                                    Return to Top
                                    Incident Notification
                                 
                            
                                 
                            Description 
                                Under Part 3 of the Act, a notifiable incident means: 
                            
(a) the death of a person, or
(b) a serious injury or illess of a person, or
(c) a dangerous incident.
The University must ensure that the regulator (SafeWork NSW) is notified  immediately (by the fastest possible means) after becoming aware that a notifiable incident arising out of the conduct of the University has occurred. Where notice is given by telephone, then a written notice must also be given within 48 hours. 
In addition, the University must keep a record of each notifiable incident for at least 5 years from the day that notice of the incident is given to the regulator.
SERIOUS INJURY includes an injury or illness requiring the person to have:
(a) immediate treatment as an in-patient in a hospital, or
(b) immediate treatment for:
     (i) the amputation of any part of his or her body, or
     (ii) a serious head injury, or
     (iii) a serious eye injury, or
     (iv) a serious burn, or
     (v) the separation of his or her skin from an underlying tissue (such as degloving or scalping), or
     (vi) a spinal injury, or
     (vii) the loss of a bodily function, or
    (viii) serious lacerations, or
(c) medical treatment within 48 hours of exposure to a substance.
DANGEROUS INCIDENT includes an incident in relation to a workplace that exposes a worker or any other person to a serious risk to a person’s health or safety emanating from an immediate or imminent exposure to:
(a) an uncontrolled escape, spillage or leakage of a substance, or
(b) an uncontrolled implosion, explosion or fire, or
(c) an uncontrolled escape of gas or steam, or
(d) an uncontrolled escape of a pressurised substance, or
(e) electric shock, or
(f) the fall or release from a height of any plant, substance or thing, or
(g) the collapse, overturning, failure or malfunction of, or damage to, any plant that is required to be authorised for use in accordance with the regulations, or
(h) the collapse or partial collapse of a structure, or
(i) the collapse or failure of an excavation or of any shoring supporting an excavation, or
(j) the inrush of water, mud or gas in workings, in an underground excavation or tunnel, or
(k) the interruption of the main system of ventilation in an underground excavation or tunnel.
                                 
                            Impacts 
                                Maximum penalties range from: 
                            
(a) $5,000 to $10,000 in the case of an individual, or
(b) $25,000 to $50,000 in the case of a body corporate.
                                 
                            Responsible Manager 
                                Anthea White, Director People and Culture 
                            
                                 
                            Coordinating Officer 
                                Diana Chambers, Senior Manager, Health Safety and Wellbeing 
                            
                                 
                            Coordinating Unit 
                                People and Culture 
                            
                                 
                            Oversight Committee/Group 
                                None 
                            
                                 
                            Business Units Impacted 
                                
                                 
                            Obligation Framework 
                            
                                 
                            Associated Legislation 
                                
                        None
                                 
                            
                                 
                            Associated Standard 
                                
                        None
                                 
                            
                                 
                            Associated Code 
                                
                        None
                                 
                            
                                 
                            Associated Information 
                                
                         
                            
                                 
                        
                                    Management Tools 
                            
                                         
                                
                                    Rule 
                                        Records Management Rule 
                                    
Work Health and Safety (WHS) Rule
                                         
                                
                                    Policy 
                                        None 
                                    
                                         
                                
                                    Protocol 
                                        None 
                                    
                                         
                                
                                    Procedure 
                                        None 
                                    
                                         
                                
                                Guideline 
                                        None 
                                    
                                     
                            Other Websites 
                                    
                                   
                                 
                            
                                    Return to Top
                                    Incident Site Preservation
                                 
                            
                                 
                            Description 
                                Under s39 of the Act, where a notifiable incident has occurred the site where the incident occurred, so far as is reasonably practical, must not be disturbed until an inspector arrives at the site or any earlier time that the inspector directs. 
                            
                                 
                            Impacts 
                                Maximum penalty 
                            
(a) $10,000 in the case of an individual, or
(b) $50,000 in the case of a body corporate.
                                 
                            Responsible Manager 
                                Diana Chambers, Senior Manager, Health Safety and Wellbeing 
                            
                                 
                            Coordinating Officer 
                                Diana Chambers, Senior Manager, Health Safety and Wellbeing 
                            
                                 
                            Coordinating Unit 
                                People and Culture 
                            
                                 
                            Oversight Committee/Group 
                                None 
                            
                                 
                            Business Units Impacted 
                                
                                 
                            Obligation Framework 
                            
                                 
                            Associated Legislation 
                                
                        None
                                 
                            
                                 
                            Associated Standard 
                                
                        None
                                 
                            
                                 
                            Associated Code 
                                
                        None
                                 
                            
                                 
                            Associated Information 
                                
                        None
                                 
                            
                                 
                        
                                    Management Tools 
                            
                                         
                                
                                    Rule 
                                        None 
                                    
                                         
                                
                                    Policy 
                                        None 
                                    
                                         
                                
                                    Protocol 
                                        None 
                                    
                                         
                                
                                    Procedure 
                                        None 
                                    
                                         
                                
                                Guideline 
                                        None 
                                    
                                     
                            
                        
                    Other Websites 
                                    
                                 
Compliance Overview