Health and Safety in Employment Act 1992

Part 3
Standards

Codes of practice

20 Codes of practice

  • (1AA) The Minister may direct the Secretary to prepare, and submit for the Minister's approval in accordance with this section, a statement, amendment, or revocation referred to in subsection (1) that relates to a particular health and safety issue.

    (1) The Secretary may from time to time publish in the Gazette notice that the Secretary has asked the Minister to approve—

    • (a) a statement of preferred work practices or arrangements; or

    • (aa) a statement of preferred aims, arrangements, practices, or principles (or any 2 or more of those matters) for the design of plant, protective clothing, or protective equipment, of any kind or description; or

    • (ab) a statement of preferred arrangements, characteristics, components, configurations, elements, or states (or any 2 or more of those matters) for manufactured plant, manufactured protective clothing, or manufactured protective equipment, of any kind or description; or

    • (ac) a statement of preferred characteristics for any manufactured or processed substance used or capable of being used—

      • (i) in or in connection with any protective clothing or protective equipment; or

      • (ii) otherwise for or in connection with protecting people from hazards; or

    • (ad) a statement of preferred practices or arrangements relating to employee participation in health and safety in the place of work; or

    • (b) the amendment or revocation of an approved code of practice.

    (2) A notice that the Secretary has asked the Minister to approve a statement under subsection (1) shall include a description of the general purport of the statement; and a notice that the Secretary has asked the Minister to approve the amendment of an approved code of practice shall include a description of the general purport of the amendment.

    (3) Subject to subsection (13), if—

    • (a) at least a month has passed since the publication of a notice under subsection (1); and

    • (b) the Minister has—

      • (i) consulted all persons affected, or reasonably likely to be affected, by the statement, amendment, or revocation concerned (or representatives of those persons); and

      • (ii) given them a reasonable time within which to comment; and—

      • (iii) considered all written comments (from any person) received within that time,—

    the Minister may, by notice in the Gazette, approve the statement, amendment, or revocation.

    (4) A notice under subsection (3) shall come into force on the later of the following days:

    • (a) the 28th day after the date of its publication in the Gazette:

    • (b) a day specified in the notice.

    (5) The publication by the Minister of a notice in the Gazette approving a statement, amendment, or revocation is conclusive proof that subsection (3)(b) has been complied with in respect of the notice.

    (6) The Secretary shall ensure that at all reasonable times copies of approved codes of practice are available at every office of the department that deals with matters relating to health and safety in employment for inspection and copying by the public.

    (7) The Secretary may charge any person a reasonable fee for—

    • (a) providing the person with a copy of an approved code of practice; or

    • (b) allowing the person to use equipment under the Secretary's control to copy all or any part of an approved code of practice.

    (8) Nothing in subsection (6) or subsection (7) requires the Secretary to allow any person to use equipment under the Secretary's control to copy all or any part of an approved code of practice.

    (9) A court may, in determining whether or not a person charged with failing to comply with any provision of this Act has complied with the provision, have regard to any approved code of practice that—

    • (a) was in force at the time of the alleged failure; and

    • (b) in the form in which it was then in force, related to matters of a kind to which the provision relates.

    (10) In the absence of proof to the contrary, a document purporting to be an approved code of practice, or an amendment of an approved code of practice, issued by the Secretary shall in any proceedings be deemed to be an approved code of practice or an amendment of an approved code of practice.

    (11) Nothing in subsection (10) limits any method of proof of an approved code of practice or an amendment of an approved code of practice.

    (12) Subject to subsection (13), an approved code of practice may incorporate, adopt, or apply, with or without modification, all or any part of any other document prepared or issued by any body or authority, including the Environmental Protection Authority established by section 7 of the Environmental Protection Authority Act 2011.

    (13) The Minister shall not—

    • (a) adopt with modification—

      • (i) any document previously approved by another Minister of the Crown; or

    • (b) approve any amendment of any part of a code of practice that comprises a document referred to in paragraph (a),—

    without the consent of the other Minister (or the the chief executive of the department of State responsible for the administration of the Building Act 2004).

    Section 20(1AA): inserted, on 5 May 2003, by section 14(1) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

    Section 20(1)(aa): inserted, on 18 March 1998, by section 3(1) of the Health and Safety in Employment Amendment Act 1998 (1998 No 3).

    Section 20(1)(ab): inserted, on 18 March 1998, by section 3(1) of the Health and Safety in Employment Amendment Act 1998 (1998 No 3).

    Section 20(1)(ac): inserted, on 18 March 1998, by section 3(1) of the Health and Safety in Employment Amendment Act 1998 (1998 No 3).

    Section 20(1)(ad): inserted, on 5 May 2003, by section 14(2) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

    Section 20(2): amended, on 18 March 1998, by section 3(2)(b) of the Health and Safety in Employment Amendment Act 1998 (1998 No 3).

    Section 20(12): amended, on 1 July 2011, by section 53(1) of the Environmental Protection Authority Act 2011 (2011 No 14).

    Section 20(12): amended for all other purposes, on 2 July 2001, by section 149 of the Hazardous Substances and New Organisms Act 1996 (1996 No 30).

    Section 20(12): amended for those items relating to new organisms, on 29 July 1998, by section 149 of the Hazardous Substances and New Organisms Act 1996 (1996 No 30).

    Section 20(13): amended, on 31 March 2005, by section 414 of the Building Act 2004 (2004 No 72).

    Section 20(13)(a): substituted, on 31 March 2005, by section 414 of the Building Act 2004 (2004 No 72).

    Section 20(13)(b): amended, on 31 March 2005, by section 414 of the Building Act 2004 (2004 No 72).