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Acts, Regulation and Codes of practice

Madeleine Elkojje

Created on April 2, 2024

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Acts, regulations and codes of practice

Workplace Health and Safety

Act

Regulation

Code of practice

  • Non-binding guidelines developed by industry groups, professional associations, or government agencies.
  • Provide practical guidance and recommendations on best practices, procedures, or methods.
  • Not legally enforceable on their own, but may be referenced in legislation or used as evidence of industry standards.
  • Often developed collaboratively with stakeholders and may be voluntary or adopted as industry standards.
  • Legislation or statutes, known as acts, are fundamental laws created by legislative bodies like parliaments or congresses.
  • Acts establish general principles, rights, and responsibilities within a specific jurisdiction.
  • Acts cover diverse subjects, sectors, or legal areas.
  • Acts often set the foundation for regulation and enforcement, empowering government bodies to create rules and ensure compliance.
  • Legal instruments created by government agencies under the authority of an act.
  • Provide detailed requirements, standards, or procedures to implement the provisions of an act.
  • More specific and prescriptive than acts, focusing on practical details and application within a particular context or industry.
  • Have the force of law and are legally binding, requiring mandatory compliance.

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Workplace Health and Safety Act 2011 NSW

The Work Health and Safety Act 2011 (WHS Act) in New South Wales (NSW) is comprehensive legislation aimed at promoting and ensuring the health, safety, and welfare of workers and others in the workplace. Scope and Objectives: The WHS Act applies to all workplaces in NSW and covers employers, workers, contractors, and other persons involved in work activities. The primary objective of the WHS Act is to prevent workplace injuries, illnesses, and fatalities by eliminating or minimizing risks through effective risk management practices.

Other important things to know that the act includes:

  • Duties and responsibilities
  • Risk management
  • Incident reporting and investigation
  • Enforcement and penalties

Click here to see a copy of the Act

Workplace Health and Safety Regulation 2017 NSW

Other important things to know that the regulation includes:

  • Duties and responsibilities
  • Safe work practices
  • Licensing, Training, and Certification
  • Record-Keeping and Documentation
  • Enforcement and penalties

The Work Health and Safety Regulation 2017 (WHS Regulation) in New South Wales (NSW) supports the Work Health and Safety Act 2011 by providing detailed requirements and practical guidance on how to achieve compliance with the Act's provisions Scope and Objectives: The WHS Regulation applies to all workplaces in NSW and covers a wide range of industries and work activities. It provides specific requirements and standards to address various workplace hazards and risks, including those related to hazardous substances, plant and equipment, construction work, and hazardous manual tasks

Click here to see a copy of the Regulation

Codes of practice

In New South Wales (NSW), codes of practice are non-binding guidelines developed to provide practical guidance and recommendations on best practices for ensuring health and safety in the workplace Scope and Objectives: Codes of practice cover a wide range of industries, work activities, and specific hazards or risks commonly encountered in the workplace. They are intended to assist duty holders in understanding their obligations under the Work Health and Safety Act 2011 and Work Health and Safety Regulation 2017, and how to achieve compliance with these laws.

Other important things to know about codes of practice includes:

  • Guides
  • Customisation
  • Consultation and collaboration
  • Review and revision