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NSW WHS - Coggle Diagram
NSW WHS
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WHS Legislation
REGULATION
Essential/Mandatory, Must Comply
Specifies certrain DUTIES to be met and issue requirements to support WHS Act (e.g. req. licences for specific activies and record keeping)\
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But, some of regulations are outdated, unnecessarily issued and impact negatively on competition
Regulation shift RM from Gov to Private Insurance Market AND Shifting EMPHASIS to commercial incentitves rather than C&C
Chapter 6, Gov recognised CI (number of workers and risks associated)
STANDARD
Advisory/Tech Doc, min acceptable level of PERFORMANCE/QUALITY relation to Haz, WP, Industry or Product
2 Main Sources
SafeWork Australia, SWA does not regulate WHS
SA, Private Org, ALIGN to IS
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ACT
Essential/Mandatory, Must Comply
To ENCOURAGE fair and effective representation, consultation and cooperation to address/resolve HS issues
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To ASSIST, to acheive a healthier and safer working environment
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To PROMOTE information, education and training on WHS
AIM: Harmonise WHS Laws, All Australian Workers SAME STANDARD of HS Protection regardless of work type and location
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FRAMEWORK designed to SUPPORT and PROMOTE systems for WHS improvements with PENALTIES for non-compliance of WHS framework
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CODE OF PRACTICE
Approved Industry COP is PRACTICAL GUIDE to achieve standard of Health, Safety and Welfare required by WHS Lego
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COP used in CONJUNCTION with Act/Regulations but no same LEGAL force. Thus cannot be prosecuted under it BUT CAN BE USED TO SUPPORT PROSECUTION for failing to comply or contravene
BUT under Act/Regulation failure to observe COP can be used as SUPPORT OF PREVENTATIVE ENFORCEMENT PROVISIONS
SafeWork Authority Inspector may cite and approved COP in direction of IMPROVEMENT or PROHIBITION Notice, indicating measures to be taken for contravention/non-compliance.
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