University of Tasmania, Australia

For the application of the Tasmanian Work Health and Safety Act 2012, the University is taken to be a corporation and an officer therefore means an officer within the meaning of Section 9 of the Corporations Act 2001 of the Commonwealth.

"officer" of a corporation means:

a) a director or secretary of the corporation; or

b) a person:

• who makes, or participates in making, decisions that affect the whole, or a substantial part, of the  business   of the corporation; or

• ii)   who has the capacity to affect significantly the corporation's financial standing; or
  

• iii)  in accordance with whose instructions or wishes the directors of the corporation are accustomed to act (excluding advice given by the person in the proper performance of functions attaching to the person's professional capacity or their business relationship with the directors or the corporation).
  

Duties

S27 of the Act defines the duty of an officer.

An officer must exercise due diligence to ensure that the University complies with its Primary Duty of care under S 19 of the Act.

due diligence includes taking reasonable steps:

(a) to acquire and keep up-to-date knowledge of work health and safety matters; and

(b) to gain an understanding of the nature of the operations of the business or undertaking of the University and generally  of the hazards and risks associated with those operations; and

(c) to ensure that University has available for use, and uses, appropriate resources and processes to eliminate or minimise risks to health and safety from work carried out as part of the conduct of the University;and

(d) to ensure that the University has appropriate processes for receiving and considering information regarding incidents, hazards and risks and responding in a timely way to that information; and

(e) to ensure that the University has, and implements, processes for complying with any duty or obligation of the University under the Act; and

(f) to verify the provision and use of the resources and processes referred to in paragraphs (c) to (e).

There are many managers and supervisors of the University who are not defined as Officers under the Work Health and Safety Act.

These managers and supervisors are defined as workers under S7 of the Act.

All workers must take 'reasonable care' with regard to the exercise of their duty under the Act.

For a manager or supervisor, what is 'reasonable' needs to be read with reference to that person's position and authority within the University.

Duties

S28 defines the duties of a worker. While at work, a worker must:

(a) take reasonable care for his or her health and safety; and

(b) take reasonable care that his or her acts or omissions do not adversely affect the health and safety of other persons; and

(c) comply, so far as the worker is reasonably able, with any reasonable instruction that is given by the University to allow the University to comply with the Act; and

(d) cooperate with any reasonable policy or procedure of the University relating to health or safety at the workplace that has been notified to workers.

S7 of the Work Health and Safety Act, describes a person as a worker if the person carries out work in any capacity of the University.

This includes work as an employee, a contractor or subcontractor, an employee of a contractor or subcontractor, an employee of a labour hire company, or outworker, an apprentice or trainee, a student gaining work experience, or a volunteer.

Duties

S28 defines the duties of a worker. While at work, a worker must:

(a) take reasonable care for his or her health and safety; and

(b) take reasonable care that his or her acts or omissions do not adversely affect the health and safety of other persons; and

(c) comply, so far as the worker is reasonably able, with any reasonable instruction that is given by the University to allow the University to comply with the Act; and

(d) cooperate with any reasonable policy or procedure of the University relating to health or safety at the workplace that has been notified to workers.

The University has a duty of care under S19(2) of the Work Health and Safety Act to ensure so far as is reasonably practicable, the health and safety of other persons is not put at risk form work carried out as part of the conduct of the business or undertaking.

Any person at a University workplace, not defined as a worker may be an 'other person', including students, visitors and members of the public.

Duties:

Section 29 of the Work Health and Safety Act defines the duties of other persons at the workplace. 

A person at a workplace must:

(a) take reasonable care for his or her own health and safety; and

(b) take reasonable care that his or her acts or omissions do not adversely affect the health and safety of other persons; and

(c) comply, so far as the person is reasonably able, with any reasonable instruction that is given by the University to allow the University to comply with the Act.

Under S.50 of the Work Health and Safety Act a worker who carries out work for the University may ask the University to facilitate the conduct of an election for 1 or more health and safety representative to represent workers who carry out work for University.

S68 of the Work Health and Safety Act defines the powers and functions of a Health and Safety Representative. Broadly, these include:

• representing the workers in the work group in matters relating to work health and safety;
• monitoring the measures taken by the University in compliance with the Act in relation to workers in the work group;
• investigating complaints from members of the work group relating to work health and safety;
• inquiring into anything that appears to be a risk to the health or safety of workers in the work group, arising form the conduct of the University.

Section 68(2) of the Act, defines what and HSR may do in exercising a power, or performing a function.

Broadly, this includes:

• inspecting the workplace or part of the workplace at which a worker in the work group works;
• accompanying an inspector during an inspection of the workplace;
• being present at an interview concerning work health and safety;
• receiving information concerning the work health and safety of workers in the work group.