|Legislation briefs, 01/07/10
Vic: Energy and Resources Legislation Amendment Bill; Vic: Electricity Safety (Electric Line Clearance) Regulations; NSW: Workers Compensation Legislation Amendment Bill; NSW: Dangerous Goods (Road and Rail Transport) Amendment Regulation; Qld: Workplace Health and Safety and Another Regulation Amendment Regulation; WA: Dangerous Goods Safety (Road and Rail Transport of Non-explosives) Regulations; WA: Dangerous Goods Safety (Explosives) Amendment Regulations; WA: Code of Practice — Manual Tasks — new code; SA: Workers Rehabilitation and Compensation Regulations.
The principal legislation noted below can be accessed at the Australasian Legal Information Institute (AustLII) website.
As new legislation comes into effect it is incorporated into the collection on AustLII.
Vic: Energy and Resources Legislation Amendment Bill
The Energy and Resources Legislation Amendment Bill 2010 (Vic) amends the Electricity Safety Act 1998 No. 25 (Vic). The Bill was introduced on 24 June 2010.
The Bill expands the role of Energy Safe Victoria (ESV) as technical safety regulator in overseeing the mitigation and management of bushfire risks by the electricity industry.
Specifically, the Bill:
amends s6 so that promotion of the mitigation of bushfire danger is included as an objective of ESV
inserts a new s7A (Energy Safe Victoria may have regard to the reliability and security of electricity supply in certain cases)
prescribes offences in relation to bushfire mitigation plans under a substituted Div 1A (Bushfire mitigation requirements for certain operators of at-risk electric lines) of Pt 8, as well as prescribing that ESV may conduct an audit to determine whether or not a specified operator is satisfactorily complying with an accepted bushfire mitigation plan
inserts a new s86A (Energy Safe Victoria may give directions for restriction or prevention of tree growth)
inserts a new Div 2A (Ongoing bushfire mitigation requirements for major electricity companies) into Pt 10.
Vic: Electricity Safety (Electric Line Clearance)Regulations
The Electricity Safety (Electric Line Clearance) Regulations 2010 No. 47 (Vic) have been made under the authority of the Electricity Safety Act 1998 No. 25 (Vic) (the governing Act).
prescribe the Code of Practice for Electric Line Clearance (the Code), set out in the Schedule
prescribe management procedures for standards and practices to be adopted and observed in tree cutting or removal in the vicinity of electric lines and the keeping of the whole or any part of a tree clear of electric lines, prescribe management procedures to minimise danger of electric lines causing fire or electrocution and prescribe other matters for or with respect to the maintenance of electric lines
provide for management plans relating to compliance with the Code, including to require that a responsible person must ensure, before 31 March in each year, that a management plan relating to compliance with the Code for the next financial year is prepared, the penalty for non-compliance being 20 penalty units (currently $2336.40)
provide for other miscellaneous matters authorised under the governing Act relating to electric line clearance.
The Regulations commenced 29 June 2010.
NSW: Workers Compensation Legislation Amendment Bill
The Workers Compensation Legislation Amendment Bill 2010 (NSW) amends the Workplace Injury Management and Workers Compensation Act 1998 No. 86 (NSW). The Bill was introduced on 23 June 2010.
The objective of the Bill is to make various amendments, including to:
provide for the approval, rather than accreditation, of providers of rehabilitation services and make consequential changes to terminology for consistency with the Nationally Consistent Approval Framework for Workplace Rehabilitation Providers
prevent a worker from recovering work injury damages until the worker has been paid any lump sum compensation to which the worker is entitled, so that the worker will not lose the entitlement to compensation by recovering damages before compensation is paid
clarify that an appeal against a medical assessment is limited to the grounds on which the appeal is made and is not a review of any other aspect of the medical assessment
clarify that fresh evidence cannot be adduced on an appeal against a medical assessment or an arbitrator’s decision unless the evidence was both not available to the appellant and not reasonably obtainable by the appellant before the proceedings concerned
increase the monetary threshold for an appeal against an arbitrator’s decision to $7500 (currently $5000) and remove the additional threshold that required the amount of compensation at issue to be at least 20% of the amount awarded in the decision appealed against.
The Bill also proposes to amend the Workers Compensation Act 1987 No. 70 (NSW). The objective of the Bill is to make various amendments, including to:
ensure that workers in receipt of weekly payments of compensation during partial incapacity who have returned to work will receive compensation up to the maximum rate in addition to earnings from their employer
remove restrictions on the maximum amount for which an employer is liable for workplace rehabilitation services provided to an injured worker
extend the jurisdiction of the Workers Compensation Commission (the Commission) in relation to disputes about treatment and services that have been provided to an injured worker so as to cover disputes about proposed treatment and services
ensure that the cost of obtaining a permanent impairment medical certificate is paid as part of the worker’s claim for permanent impairment compensation
restrict the jurisdiction of the Commission to determine the liability of an employer or insurer to reimburse the Insurance Fund so that the Commission will not be authorised to waive recovery against the employer or insurer or to interfere with a decision of the Nominal Insurer about waiver of recovery
align the maximum age for determining economic loss for calculating work injury damages with the age for entitlement to the age pension.
Related media item: Finance Minister’s media release (23 June 2010)
NSW: Dangerous Goods (Road and Rail Transport) Amendment Regulation
The Dangerous Goods (Road and Rail Transport) Amendment Regulation 2010 No. 249 (NSW) amends the Dangerous Goods (Road and Rail Transport) Regulation 2009 No. 124 (NSW).
The amending Regulation amends cl 215 (Licences to be carried) to provide that the driver of a road vehicle transporting dangerous goods who is required to carry a dangerous goods driver licence must, on request, produce the licence for inspection by an authorised officer or an officer of an emergency service, the maximum penalty being 10 penalty units (currently $1100).
The amending Regulation commenced on 18 June 2010.
Qld: Workplace Health and Safety and Another Regulation Amendment Regulation
The Workplace Health and Safety and Another Regulation Amendment Regulation (No. 1) 2010 No. 153 (Qld) amends the Dangerous Goods Safety Management Regulation 2001 No. 200 (Qld).
The amending Regulation:
amends s9 (Packing and marking by manufacturer or importer)
amends s13 (Recognition of MSDS prepared under equivalent legislation)
amends s43 (Marking of packages)
amends Sch 5 (Dictionary).
See also: Further information from Workplace Health and Safety Queensland (WHSQ)
WA: Dangerous Goods Safety (Road and Rail Transport of Non-explosives) Regulations
The Dangerous Goods Safety (Road and Rail Transport of Non-explosives) Amendment Regulations 2010 (WA) amend the Dangerous Goods Safety (Road and Rail Transport of Non-explosives) Regulations 2007 (WA).
The amending Regulations make various amendments, including to:
insert ss48A (Duty on packers) and 48B (Duty on loaders) into Pt 3 (Transport of dangerous goods to which Special Provisions apply)
provide additional details under r 53 (Suitability of packaging for transport) for when a freight container is unsuitable for use as a bulk container for the transport of dangerous goods
restructure Pt 4 (Packaging) so that prescribed requirements and duties are categorised differently, including for ’general packaging’, meaning all packaging other than demountable tanks, portable tanks, MEGCs, bulk containers, freight containers, tanks on tank vehicles and overpacks
substitute Pt 8 (Stowage and restraint)
amend Sch 1 (Infringement notice offences and modified penalties).
The amending Regulations commenced on 23 June 2010.
WA: Dangerous Goods Safety (Explosives) Amendment Regulations
The Dangerous Goods Safety (Explosives) Amendment Regulations (No. 2) 2010 (WA) amend the Dangerous Goods Safety (Explosives) Regulations 2007 (WA). The amending Regulations increase various fees.
The amending Regulations will commence on 1 July 2010.
WA: Code of Practice — Manual Tasks — new code
The Department of Commerce has published the Code of practice — Manual tasks 2010 (June 2010) (the Code), which provides guidance for employers and workers on the identification, assessment, and control of safety and health hazards and risks associated with manual tasks in which forces exerted, loads handled, repetitive movement, awkward postures, sustained postures, and equipment and tools that expose workers to vibration are of concern.
SA: Workers Rehabilitation and Compensation Regulations
The Workers Rehabilitation and Compensation Regulations 2010 No. 154 (SA) have been made under the authority of the Workers Rehabilitation and Compensation Act 1986 No. 124 (SA).
The Regulations prescribe matters in relation to:
claims and registration, including registration of employers and special provisions relating to self-insured employers
rehabilitation, including the standards and requirements of rehabilitation programs and plans
dispute resolution, including prescribing the form of a notice of dispute
other general matters, such as designated courts and compensation limits for property damage.
The Regulations also provide for transitional matters.
The Regulations will also revoke the following legislation:
Workers Rehabilitation and Compensation (Claims and Registration) Regulations 1999 No. 241 (SA)
Workers Rehabilitation and Compensation (Disclosure of Information) Regulations 1999 No. 240 (SA)
Workers Rehabilitation and Compensation (Dispute Resolution) Regulations 1996 No. 108 (SA)
Workers Rehabilitation and Compensation (General) Regulations 1999 No. 239 (SA)
Workers Rehabilitation and Compensation (Rehabilitation Standards and
Requirements) Regulations 1996 No. 9 (SA)
Workers Rehabilitation and Compensation (Reviews and Appeals) Regulations 1999 No. 238 (SA).
The Regulations will commence on 1 November 2010.
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