Thread: Obligations under the Work Health and Safety Act 2011 Queensland

For a number of years I have been alerting others to their obligations under the various Work Health and Safety Acts in Australia and the implications it will have on clubs & committees.

Most believe not for profits or unincorporated associations do not come under Work Health and Safety legislation because there it is no “paid work” performed.

The catch with our H&S legislation is that it does not have to be a business - the words "an undertaking" is what brings all not for profits under H&S legislation here at least. "a person conducting a business or undertaking ..... whether or not for profit or gain. A PCBU can be a ..... unincorporated association"

http://www.deir.qld.gov.au/workplace...s-act-2011.pdf

One matter that is also now very clear in Queensland & soon to be Australia wide is that "a member of the association may be prosecuted for failure to comply with the duty of a worker (s.28) or of another person at a workplace (s.29)." Volunteers are exempt from some prosecutions as officers of the association. “Volunteers are, however, liable for duties owed as workers (s.28) or other people at a
workplace (s.29).” If a wage is paid to an officer its a different ball game. Volunteers may be exempt from some prosecutions however they still have obligations.

Penalties range up to $600k or 5 years jail. Can't get any more explicit than that!

These matters are also now coming to a head particularly with the group insurer for most wood working clubs in Australia is now insisting on clubs providing evidence that they are complying with legislation, have a working H&S system and have implemented a risk management code. No insurance otherwise!

Time to get very serious in Australia and to comply or get out of clubs all together!

Committees in other jurisdictions would be well advised to check their legislation.

In Townsville we have a gymnastics not for profit who lost a gymnast in a tumbling routine after hitting her head on exposed concrete. The committee was fined $70k and found negligent in the industrial magistrate’s court, basically for not discharging their mandatory obligations under H&S legislation. The civil suits haven't even started yet and it’s been well over three years of stress for the committee so far and its a long way off finishing. The gymnast’s family & friends are devastated. http://www.deir.qld.gov.au/workplace/law/prosecutions/2011/t
ownsville-gym-inc/index.htm