This OHS Alert is the copyright of Workplace Safety Australia Pty Ltd. Other than for the purposes, and subject to the conditions prescribed under the Copyright Act 1968, you may not replicate, forward, copy or otherwise transmit this OHS Alert to any other party, except pursuant to the following terms, without the prior written permission of Workplace Safety Australia. Paid subscribers of Workplace Safety Australia Pty Ltd who receive this OHS Alert as part of their subscription may forward or copy this publication within their business or organisation only pursuant to the terms of their subscription. Under no circumstances should this OHS Alert be distributed or copied to any person, or organisation, or any other entity, outside of the subscriber organisation. Please Note: When you click on the hyperlink and it takes you down to your selected item this allows you to read only what is relevant to your industry. In This Alert…

• Editorial

• Legislative Changes and Proposed Legislative Changes…

o ACT - Work Health and Safety Legislation Amendment Bill 2017

o ACT - Building and Construction Legislation Amendment Bill 2017

o ACT - Public Health Amendment Regulation 2017 (No 1)

o CTH - Nuclear Non-Proliferation (Safeguards) Amendment (2017 Measures No. 1) Regulations 2017

o CTH - Multi-State Class 1 Load Carrying Vehicles Dimension Exemption Notice 2016 Amendment Notice 2017 (No. 1)

o CTH - Therapeutic Goods Legislation Amendment (2017 Measures No. 2) Regulations 2017

o CTH - Therapeutic Goods Legislation Amendment (2017 Measures No. 1) Regulations 2017

o QLD - Transport and Other Legislation (Personalised Transport Reform) Amendment Act 2017

o QLD - Transport and Other Legislation (Personalised Transport Reform) Amendment Regulation (No. 2) 2017

o NSW - Health Practitioner Regulation Amendment Act 2017

o NSW - Terrorism (High Risk Offenders) Act 2017

o NSW - Crimes (High Risk Offenders) Amendment Act 2017

o NSW - Public Health Amendment (Legionella Control - Testing) Regulation 2017

o NSW - Building Products (Safety) Act 2017

o NT - Misuse of Drugs Amendment Act 2017

o SA - Controlled Substances (Poisons) (No 2) Variation Regulations 2017

o SA - Controlled Substances (Poisons) (Precursors) Variation Regulations 2017

o SA - Harbors and Navigation (Lifejackets) Variation Regulations 2017

o SA - Statutes Amendment (Drug Driving Penalties) Bill 2017

o TAS - Firearms (Miscellaneous Amendments) Act 2015

WORKPLACE SAFETY AUSTRALIA PTY LTD

Safety Alert: 47-2017 14 December 2017

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o TAS - Firearms Amendment Regulations 2017

o TAS - Public Health Amendment (Healthy Tasmania) Act 2017

o TAS - Public Health (Tobacco Seller's Licence) Amendment Regulations 2017

o TAS - Fire Service (Miscellaneous) Regulations 2017

o VIC - Drugs, Poisons and Controlled Substances Amendment (Lab-Grade Pill Testing Pilot) Bill 2017

o WA - Road Traffic (Breath Analysis) Amendment Regulations 2017

o WA - Road Traffic (Vehicles) Amendment Regulations (No. 3) 2017

o WA - Code of Practice for Persons Working on or Near Energised Electrical Installations 2017

• New & Updated Standards…

• Open for Comment…

• In Other News…

o CTH - National Heavy Vehicle Regulator Releases Series of Videos

o CTH - WHS Code of Practice Managing Risks in Stevedoring

o CTH - Transport Ministers Endorse Updates to Load Restraint Guide and Road Rules

o CTH - Safe Work Australia Release Video on Work-Related Traumatic Injury Fatalities 2016

o NSW - New World-Class Work Health and Safety Research Centre Opens

o NSW - Fact Sheet on Heat Stress in Underground Metalliferous Mines

o NSW - Builder Fined $75,000 After Worker Suffers Traumatic Brain Injury

o NSW - Safety Alert: Uncontrolled Movement of Vehicles

o NZ - WorkSafe Issue Working at Heights Warning to Construction Industry

o WA - Dangerous Goods Rail Safety Forum Toolbox Presentation

o WA - Natural Hazards Health and Safety Snapshot

• In the Courts…

o NSW - SafeWork NSW v CRS NSW Pty Ltd; SafeWork NSW v Jay McGeachie Jenkins

Note: Web hyperlinks are reproduced in their full text throughout Workplace Safety Australia’s Alerts. If you are reading an electronic copy of this Alert, you should be able to access the pages and documents by clicking the links (holding “control” and left mouse clicking is the usual way). However, some subscribers find that the links do not work effectively by simply clicking. If this is the case, simply highlight the link, copy it, and ‘paste’ it into your web browser.

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Editorial

In this week’s Workplace Safety Australia weekly Alert, we take a look at a recent case, as well as the main legal and regulatory changes that have occurred in the past week. The New South Wales District Court recently fined a company and its Director has been convicted and fined $200,000, after a worker from an adjacent work site was engulfed in a fireball resulting from plant being modified. See the case in full below. Our ‘Legislative Changes and Proposed Legislative Changes’ section contains analysis of the Work Health and Safety Legislation Amendment Bill 2017 (ACT), which proposes to adopt Chapter 7 and Chapter 9 of the national model Work Health and Safety Regulation, which govern the use, storage and handling of hazardous chemicals. On 1 January 2012, the Australian Capital Territory adopted the Work Health and Safety Act 2011 and its supporting Work Health and Safety Regulation 2011, came into effect. However, at that time the Regulation did not adopt Chapter 7 (Hazardous Chemicals), Chapter 8 (Asbestos) or Chapter 9 (Major Hazard Facilities) of the Model Regulation, as these matters continued to be regulated under the Territory’s dangerous substances legislation. Subsequently the Australian Capital Territory has incorporated the national model asbestos Regulations into its work health and safety framework – this came into effect on 1 January 2015. The Work Health and Safety Legislation Amendment Bill 2017 is now proposing to adopt remaining chapters of the Model Regulations into the Territory’s WHS Regulations, as well as the Globally Harmonised System for Classification and Labelling of Hazardous Chemicals. Our ‘Legislative Changes and Proposed Legislative Changes’ section also contains analysis of the Code of Practice for Persons Working on or Near Energised Electrical Installations 2017 (WA) which comes into force 15 May 2018. The Code was developed by EnergySafety as a Code of Practice for Persons Working on or Near Energised Electrical Installations. Compliance with the Code is made mandatory under Regulation 49(1) of the Electricity (Licensing) Regulations 1991. The Code will aid duty holders comply with recent amendments to the Occupational Safety and Health Regulations 1996 and Electricity (Licensing) Regulations 1991. Our ‘In Other News’ section contains a story on recently approved the Work Health and Safety Code of Practice, Managing Risks in Stevedoring, under the Commonwealth Work Health and Safety Act 2011. The Code mirrors the Model Code of Practice: Managing risks in stevedoring published by Safe Work Australia in December 2016. South Australia and Tasmania have previously adopted the Code. Regards, Go back to ‘In this alert’

Kim Schekeloff Director Workplace Safety Australia Pty Ltd

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Legislative Changes and Proposed Legislative Changes…

ACT - Work Health and Safety Legislation Amendment Bill 2017

Relevance: Australian Capital Territory Title of Instrument: Work Health and Safety Legislation Amendment Bill 2017 Amending: Dangerous Goods (Road Transport) Act 2009; Dangerous Substances (Explosives) Regulation 2004; Dangerous Substances (General) Regulation 2004; Dangerous Substances Act 2004; Magistrates Court (Dangerous Substances Infringement Notices) Regulation 2004; Major Events Act 2014; Medicines, Poisons and Therapeutic Goods Act 2008; Planning and Development Act 2007; Road Transport (Alcohol and Drugs) Act 1977; Work Health and Safety Act 2011 Proposed: Introduced to the Legislative Assembly on 30 November 2017 Industries: All Industries Keywords: Work Health and Safety; Storage and Handling of Hazardous Chemicals; Dangerous Substances Amendment Bill Located here. The Work Health and Safety Legislation Amendment Bill 2017 was introduced to the Legislative Assembly on 30 November 2017, proposing to adopt Chapter 7 and Chapter 9 of the National Model Work Health and Safety Regulation, which govern the use, storage and handling of hazardous chemicals. The Amendment Bill proposes to amend the following legislation:

• Dangerous Goods (Road Transport) Act 2009; • Dangerous Substances (Explosives) Regulation 2004; • Dangerous Substances (General) Regulation 2004; • Dangerous Substances Act 2004; • Magistrates Court (Dangerous Substances Infringement Notices) Regulation 2004; • Major Events Act 2014; • Medicines, Poisons and Therapeutic Goods Act 2008; • Planning and Development Act 2007; • Road Transport (Alcohol and Drugs) Act 1977; and the • Work Health and Safety Act 2011.

The Work Health and Safety Legislation Amendment Bill 2017 also proposes to repeal the following:

• Dangerous Substances (Incorporated Document) Notice 2004 (No 1); • Dangerous Substances (Incorporated Document) Notice 2005 (No 2); • Dangerous Substances (Incorporated Document) Notice 2006 (No 1); • Dangerous Substances (Incorporated Document) Notice 2009 (No 1); • Dangerous Substances (National Code of Practice for the Labelling of Workplace

Substances) Code of Practice Approval 2006 (DI2006-191); • Dangerous Substances (National Code of Practice for the Control of Workplace

Hazardous Substances) Code of Practice Approval 2006 (DI2006-192); and the • Dangerous Substances (National Model Regulations for the Control of Workplace

Hazardous Substances) Code of Practice Approval 2006 (DI2006-193).

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The Dangerous Substances (National Code of Practice for the Control of Workplace Hazardous Substances) Code of Practice Approval 2006 is to be replaced by National Model Codes of Practice under the work health and safety legislation. On 1 January 2012, the Australian Capital Territory adopted the Work Health and Safety Act 2011 and its supporting Work Health and Safety Regulation 2011, can into effect. However, at that time the Regulation did not adopt Chapter 7 (Hazardous Chemicals), Chapter 8 (Asbestos) or Chapter 9 (Major Hazard Facilities) of the Model Regulation, as these matters continued to be regulated under the Territory’s dangerous substances legislation. Subsequently the Australian Capital Territory has incorporated the national model asbestos Regulations into its work health and safety framework – this came into effect on 1 January 2015. The Work Health and Safety Legislation Amendment Bill 2017 is now proposing to adopt remaining chapters of the Model Regulations into the Territory’s WHS Regulations, as well as the Globally Harmonised System for Classification and Labelling of Hazardous Chemicals. Go back to ‘In this alert’ ACT - Building and Construction Legislation Amendment Bill 2017

Relevance: Australian Capital Territory Title of Instrument: Building and Construction Legislation Amendment Bill 2017 Amending: Construction Occupations (Licensing) Act 2004; Electricity Safety Act 1971; Electricity Safety Regulation 2004 Proposed: Introduced to the Legislative Assembly 30 November 2017 Industries: Energy and Resources; Building and Construction Keywords: Building and Construction Work; Information Sharing Powers; Building Products; Electrical Wiring Rules Amendment Bill Located here. The Building and Construction Legislation Amendment Bill 2017 was introduced to the Legislative Assembly on 30 November 2017, proposing to amend the Construction Occupations (Licensing) Act 2004, the Electricity Safety Act 1971 and the Electricity Safety Regulation 2004. The Amendment Bill is intended to improve the operation of a range of Regulations applying to building and construction work in the Australian Capital Territory. The Building and Construction Legislation Amendment Bill 2017 proposes to create the concept of the ‘electrical wiring rules’ under the Electrical Safety Act 1971, consisting of the current Wiring Rules (AS/NZS 3000), additional Standards in an appendix and specific Regulations. Construction Occupations (Licensing) Act 2004

The proposed amendments to the Construction Occupations (Licensing) Act 2004 are to expand the existing information sharing powers between territory public safety agencies in

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Part 11AA to allow an ACT public safety agency to share information with public safety agencies in other jurisdictions. According to the Explanatory Statement:

In response to concerns about building products failing to conform to required standards and other building matters, there is an increasing level of, and need for, inter-jurisdictional information sharing on compliance and enforcement issues.

The Building Ministers’ Forum has created two new groups to collaborate and share on national and cross-border issues relating to building products – the Senior Officials Group and the Building Regulators Forum. Further, officials undertaking public safety-related auditing and compliance action are also often in contact with interstate colleagues seeking relevant information on licensees working across borders and other information that will help them carry out their statutory functions. The kinds of public safety information that the proposed amendments will help facilitate sharing nationally could relate to unsafe building or construction products, materials, or systems. Currently, the Construction Occupations (Licensing) Act 2004 allows the restricted sharing of information within the ACT in relation to a situation that presents or is likely to present a risk of death or injury to a person, significant harm to the environment or significant damage to property, that it has obtained in its function as a public safety agency. The information cannot be given unless the giving agency is satisfied that the receiving agency will use the information to exercise a function given to the receiving agency under a territory law. Public safety agencies include the Construction Occupations Registrar and the directors general responsible for the Construction Occupations (Licensing) Act 2004, Emergencies Act 2004 and Work Health and Safety Act 2011, or the commissioners, chief officers, or inspectors appointed under those Acts. This Bill expands the powers to allow an ACT public safety agency to give public safety information to other public safety agencies in other jurisdictions (non-Territory agencies), subject to comparable restrictions to those mentioned above. It also allows the giving agency to impose conditions on how the receiving agency uses, stores or shares the information and to choose not to give the information if it will unreasonably compromise the exercise of a function under a Territory law. This gives certainty to relevant officials about inter-jurisdictional sharing of critical public safety information under national reforms and in relation to cross-border compliance issues, where appropriate. The proposed amendments will help ensure that relevant bodies can share information appropriately without undue disclosure or use of private information. This will complement the Information Privacy Act 2014 (IPA), which also applies to sharing information between relevant parties. It also provides ACT agencies to reciprocate the provision of information with other regulators are authorised to share information under the laws they administer.

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Electricity Safety Act 1971/Electricity Safety Regulation 2004

The Building and Construction Legislation Amendment Bill 2017 proposes to amend the Electricity Safety Act 1971 and the Electricity Safety Regulation 2004 to:

• create a concept of the ‘electrical wiring rules’, which provides for incorporating provisions and requirements not included in the published version of AS/NZS 3000; and

• clarify the application of exemptions under Section 3 of the Regulation. Go back to ‘In this alert’ ACT - Public Health Amendment Regulation 2017 (No 1)

Relevance: New South Wales Title of Instrument: Public Health Amendment Regulation 2017 (No 1) Amending: Public Health Regulation 2000 Commencement: Notified on the ACT Legislation Register Website 30 November 2017; Commenced 1 December 2017 Industries: Health Keywords: Public Health; Cervical Cytology Register; National Cancer Screening Register Amendment Regulation Located here. The Public Health Amendment Regulation 2017 (No 1) was notified on the ACT Legislation Register website on 30 November 2017 and commenced on 1 December 2017, amending the Public Health Regulation 2000 to facilitate a phased transition from the ACT Cervical Cytology Register to the National Cancer Screening Register. Go back to ‘In this alert’ CTH - Nuclear Non-Proliferation (Safeguards) Amendment (2017 Measures No. 1) Regulations 2017

Relevance: Commonwealth Title of Instrument: Nuclear Non-Proliferation (Safeguards) Amendment (2017 Measures No. 1) Regulations 2017 Amending: Nuclear Non-Proliferation (Safeguards) Regulations 1987 Commencement: Registered on the Federal Register of Legislation 4 December 2017; Commenced 1 December 2017 Industries: All Industries Keywords: Nuclear Energy & Uranium Amendment Regulations Located here. The Nuclear Non-Proliferation (Safeguards) Amendment (2017 Measures No. 1) Regulations 2017 were registered on the Federal Register of Legislation on 4 December 2017 and commenced on 1 December 2017, amending the Nuclear Non-Proliferation (Safeguards) Regulations 1987. The Nuclear Non-Proliferation (Safeguards) Amendment (2017 Measures No. 1) Regulations 2017 amend the Nuclear Non-Proliferation (Safeguards) Regulations 1987 to prescribe the amount of charge payable by a producer of uranium ore concentrates from 14.1775 cents per kilogram of uranium in the uranium ore concentrates produced in the

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previous financial year to 13.1813 cents per kilogram. Additionally, the amendment will insert the new nuclear cooperation agreements with United Arab Emirates, India and Ukraine into Schedule 1 – prescribed international agreements. According to the Explanatory Statement the purpose of Nuclear Non‑Proliferation (Safeguards) Amendment (2017 Measures No. 1) Regulations 2017 is to update the list of prescribed international agreements by adding the following international agreements:

• Agreement between the Government of Australia and the Government of the United Arab Emirates on Cooperation in the Peaceful Uses of Nuclear Energy, date signed on behalf of Australia 31 July 2012.

• Agreement between the Government of Australia and the Government of India on Cooperation in the Peaceful Uses of Nuclear Energy, date signed on behalf of Australia 5 September 2014.

• Agreement between the Government of Australia and the Government of Ukraine on Cooperation in the Peaceful Uses of Nuclear Energy, date signed on behalf of Australia 31 March 2016.

Go back to ‘In this alert’ CTH - Multi-State Class 1 Load Carrying Vehicles Dimension Exemption Notice 2016 Amendment Notice 2017 (No. 1)

Relevance: South Australia; Victorian; Australian Capital Territory Title of Instrument: Multi-State Class 1 Load Carrying Vehicles Dimension Exemption Notice 2016 Amendment Notice 2017 (No. 1) Amending: Multi-State Class 1 Load Carrying Vehicles Dimension Exemption Notice 2016 (LCV Dimension Exemption) Commencement: Published on the Federal Register of Legislation on 4 December 2017; Commenced on 4 December 2017 Industries: Heavy Vehicles Keywords: Heavy Vehicle National Law; Exemption Exemption Notice Located here. The Multi-State Class 1 Load Carrying Vehicles Dimension Exemption Notice 2016 Amendment Notice 2017 (No. 1) was published on the Federal Register of Legislation on 4 December 2017 and commenced on 4 December 2017, amending the current South Australian and Victorian schedules and inserting a Schedule for the Australian Capital Territory for the Multi-State Class 1 Load Carrying Vehicles Dimension Exemption Notice 2016 (No. 1). The Multi-State Class 1 Load Carrying Vehicles Dimension Exemption Notice 2016 Amendment Notice 2017 (No. 1) amends the Multi-State Class 1 Load Carrying Vehicles Dimension Exemption Notice 2016 (LCV Dimension Exemption) by:

• replacing Schedule 2 South Australia of the LCV Dimension Exemption with Schedule 1 of this Notice; and

• replacing Schedule 3 Victoria of the LCV Dimension Exemption with Schedule 2 of this Notice; and

• adding Schedule 3 of this notice to the LCV Dimension Exemption.

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The purpose of the notice is to amend the current South Australian and Victorian schedules of the LCV Dimension Notice, and to add a Schedule for the Australian Capital Territory. Go back to ‘In this alert’ CTH - Therapeutic Goods Legislation Amendment (2017 Measures No. 2) Regulations 2017

Relevance: Commonwealth Title of Instrument: Therapeutic Goods Legislation Amendment (2017 Measures No. 2) Regulations 2017 Amending: Therapeutic Goods (Medical Devices) Regulations 2002; Therapeutic Goods Legislation Amendment (2017 Measures No. 1) Regulations 2017; Therapeutic Goods Regulations 1990 Commencement: Published on the Federal Register of Legislation on 1 December 2017; See Commencement Below Industries: Health Keywords: Therapeutic Goods; Amendment Regulations Located here. The Therapeutic Goods Legislation Amendment (2017 Measures No. 2) Regulations 2017 were published on the Federal Register of Legislation on 1 December 2017 and commences as follows:

• 2 December 2017:

o Sections 1 to 4 and anything in this instrument not elsewhere covered commence on the day after this instrument is registered: r 2(1), table item 1;

o Schedule 2, Part 1 commences on the day after this instrument is registered: r 2(1), table item 3;

o Schedule 4 commences on the day after this instrument is registered: r 2(1), table item 6.

• 4 December 2017:

o Schedule 2, Part 2 commences immediately after the commencement of Part 2 of Schedule 1 to the Therapeutic Goods Legislation Amendment (2017 Measures No. 1) Regulations 2017: r 2(1), table item 4.

• 1 January 2018:

o Schedule 1 commences on 1 January 2018: r 2(1), table item 2; o Schedule 3 commences on 1 January 2018: r 2(1), table item 5.

The Therapeutic Goods Legislation Amendment (2017 Measures No. 2) Regulations 2017 amends the Therapeutic Goods (Medical Devices) Regulations 2002, Therapeutic Goods Legislation Amendment (2017 Measures No. 1) Regulations 2017 and Therapeutic Goods Regulations 1990 to support a number of important recommendations made by the Expert Panel Review of Medicines and Medical Devices Regulation and agreed to by the Australian Government – including, for example, the establishment of a priority pathway for the

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expedited review of applications for marketing approval for medical devices that represent a breakthrough technology or a major clinical advantage over existing alternatives. The Therapeutic Goods Amendment (2016 Measures No.1) Act 2017 addressed a first tranche of these recommendations, and the Therapeutic Goods Legislation Amendment (2017 Measures No.1) Regulations 2017 supported a number of the Review measures in the Amendment Act that required Regulations to be in place by 1 July 2017 – for example, in relation to providing a new pathway for the priority review of prescription medicines that represent a major therapeutic advance. Additional Regulations are now needed to support the second tranche of Review measures in the Amendment Act which include:

• providing a new pathway for the priority review by the Secretary of medical devices that represent either a breakthrough technology, or a major clinical advantage over existing alternatives in the Australian Register of Therapeutic Goods (the Register);

• providing an equivalent pathway for the priority review by the Secretary of applications for conformity assessment certificates, in relation to the manufacture of medical devices that meet the same criteria as the above new pathway; and

• allowing industry sponsors of medicines and biologicals that are currently registered or included in the Register to make straightforward, low-risk variations (notifiable variations) to their products (where product safety, quality or efficacy is not impacted) by notification to the Secretary rather than such changes needing to be pre-approved.

According to the Explanatory Statement the Therapeutic Goods Legislation Amendment (2017 Measures No.2) Regulations 2017 amend both the Therapeutic Goods (Medical Devices) Regulations 2002 and the Therapeutic Goods Regulations 1990 for the above purposes, and to implement two Review measures that do not require principal legislation:

• providing a pathway for the Secretary to evaluate an application for the registration of a prescription medicine within 120 working days, based on the provision of a recent assessment of the same medicine conducted by a comparable international regulator; and

• enhancing the ability of interested parties to have input into the process for the scheduling of medicines and chemicals, by allowing persons interested in a proposed amendment to the Poisons Standard to comment on an interim decision to amend the Poisons Standard (this is currently limited to persons who provided a submission in response to the initial invitation for public submissions, i.e. before the interim decision) and allowing a longer period to submit such comments than the current 10 days.

Go back to ‘In this alert’

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CTH - Therapeutic Goods Legislation Amendment (2017 Measures No. 1) Regulations 2017

Relevance: Commonwealth Title of Instrument: Therapeutic Goods Legislation Amendment (2017 Measures No. 1) Amending: Therapeutic Goods (Medical Devices) Regulations 2002; Therapeutic Goods Regulations 1990 Commencement: Registered on the Federal Register of Legislation 30 June 2017; Commencement Below Industries: Health Keywords: Therapeutic Goods; Medical Devices; Health Practitioners Amendment Regulations Located here. Sections 1 to 4, Schedule 1, Part 1 and Schedule 2 to 9 of the Therapeutic Goods Legislation Amendment (2017 Measures No. 1) commenced on 1 July 2017, amending the Therapeutic Goods Regulations 1990 and the Therapeutic Goods (Medical Devices) Regulations 2002. Schedule 1, Part 2 commences 1 January 2017, amending the Therapeutic Goods Regulations 1990. Schedule 1, Part 2 commenced on 4 December 2017, amending the Therapeutic Goods Regulations 1990 as follows:

• Inserting a definition for ‘biological medicine’; • Inserting Regulation 10AAB (Variation of entries in Register—prescription medicines

other than biological medicines); and • Inserting Regulation 10AAC (Variation of entries in Register—biological medicines).

The Amendment Regulation amends the Therapeutic Goods Regulations 1990 and the Therapeutic Goods (Medical Devices) Regulations 2002 and relates to recommendations of the Expert Panel Review of Medicines and Medical Devices Regulation, conducted in 2014-15 and agreed to by the Australian Government in its response to the Review. The amendments provide the following:

• providing a new pathway for the priority review by TGA of particular prescription medicines that represent a major therapeutic advance over currently-available treatments;

• allowing industry sponsors of medicines that are currently registered by TGA to make straightforward, low-risk variations to their medicines (where product safety, quality or efficacy is not impacted) by notification to the TGA, rather than (as currently) requiring TGA pre-approval for these changes;

• enabling health practitioners to supply certain unapproved therapeutic goods – principally those with an established history of use in similar overseas countries - to their patients by way of notification to the TGA, rather than (as currently) requiring pre-approval; and

• enhancing the monitoring of the safety of products once on the market by providing for the introduction of record-keeping requirements for medicines sponsors.

Go back to ‘In this alert’

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QLD - Transport and Other Legislation (Personalised Transport Reform) Amendment Act 2017

Relevance: Queensland Title of Instrument: Transport and Other Legislation (Personalised Transport Reform) Amendment Act 2017 Amending: Liquor Act 1992; Tobacco and Other Smoking Products Act 1998; Transport Infrastructure Act 1994; Transport Operations (Passenger Transport) Act 1994; Transport Operations (Road Use Management) Act 1995; Transport Planning and Coordination Act 1994 Commencement: Assented to 5 June 2017; See Staggered Commencement Below Industries: Transport Keywords: Licensing; New Chain of Responsibility; Driver Fatigue; Reflective Signage; Security Cameras Amendment Act Located here. The Transport and Other Legislation (Personalised Transport Reform) Amendment Act 2017 was assented to on 5 June 2017 and commences as follows:

• Part 2, other than the following commenced 9 June 2017: o Sections 8, 11, 15, 16, 17, 18 and 20 to 25 o Sections 26(2) and (3) and 27 o Section 28, to the extent it inserts section 208, definition previous and

sections 210 to 215 o Section 30 o Section 31(1) to the extent it omits definitions other than definitions

accredited operator, authorised driver and copy o Section 31(2) to the extent it inserts definitions other than definitions

accredited operator, authorised driver and drive o Sections 31(4), (5), (7) to (9), (11) and (12) o Part 3, other than sections 33, 35 and 36 o Part 4 o Schedule 1, amendments of the State Penalties Enforcement Amendment Act

2017 • Section 8 and 27 commenced 11 August 2017; and • Schedule 1 to the extent that it amends the Transport Operations (Passenger

Transport) Act 1994 commences 1 October 2017; • The following Sections also commence 1 October 2017:

o Sections 11 and 17 o Section 18, other than to the extent it inserts sections 76 and 78 o Sections 20 to 25 and 26(2) and (3) o Section 28 to the extent it inserts sections 208, definition previous, 211 to

213 and 215 o Section 30 o Section 31(1) to the extent it omits definitions authorising document, charter

bus service, cross-border taxi service, demand responsive service, electronic booking system, electronic communication, excluded public passenger service, forward-control passenger vehicle, individual fares, lease, licensed taxi, limousine, limousine service, limousine service licence, luxury motor vehicle, off-road passenger vehicle, passenger car, passenger vehicle, peak demand taxi, peak demand taxi permit, prescribed details, relevant transport

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legislation, special purpose limousine, special purpose limousine service licence, stretched, stretched passenger car, student event, substitute taxi, taximeter, taxi, taxi industry security levy, taxi service, taxi service area, tourist service, unscheduled long distance passenger service and wedding event

o Section 31(2) to the extent it inserts definitions authorised booking entity, authorising document, booked hire service, booked hire service licence, booked hire vehicle, booking entity authorisation, booking record, booking service, business practices, driver licence, fatigue, foreign person, hire on-the-spot, limousine, limousine licence, local nominee, original taxi service licence, payment surcharge, person in the chain of responsibility, provides, Queensland driver licence, reasonably practicable, relevant driver offence, relevant transport legislation, safety law, safety risk, substitute vehicle, taxi, taxi service and taxi service area

o Section 31(4), (5), (8), (9) and (12) o Sections 33, 35 and 36 o Schedule 1 to the extent it amends the Liquor Act 1992, the Tobacco and

Other Smoking Products Act 1998, the Transport Infrastructure Act 1994 and the Transport Planning and Coordination Act 1994.

• 1 December 2017 the following Sections commenced:

o Sections 15 and 16; o Section 18 to the extent it inserts section 78; o Section 28 to the extent it inserts sections 210 and 214; o Section 31(1), to the extent it omits definitions peak demand management

plan, peak patronage period and relevant area; and o Section 31(7) and (11).

• On 15 January 2018, Section 18 commences to the extent it inserts Section 76. The Amendment Act makes amendments addressing significant reforms of the personalised transport industry and focuses on safety and other key aspects including booked hire service licensing, booking entity authorisation and a new chain of responsibility for all industry participants; amending the following legislation:

• Liquor Act 1992; • Tobacco and Other Smoking Products Act 1998; • Transport Infrastructure Act 1994; • Transport Operations (Passenger Transport) Act 1994; • Transport Operations (Road Use Management) Act 1995; and the • Transport Planning and Coordination Act 1994.

The main changes from the reform program are as follows:

• Practical licensing: A new annual booked hire service licence will be introduced for ride-booking operators, and taxi service licences and existing limousine licences and plates will be retained. Special purpose limousine licences will also be retained rather than phasing them out over the next three years, preserving the existing entitlements under these licences and aligning with the retention of other limousine licences.

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• Enhanced safety: New requirements will see reflective signage on the front and back of ride-booking services. Security cameras will be mandatory in vehicles that are not pre-booked or take cash or payment during the journey. Driver fatigue must be managed by booking entities and operators.

• Improved accountability: There will be clearer compliance accountabilities for drivers, operators and booking entities, including vehicle maintenance and licensing. Drivers must be affiliated with a booking entity that holds a booking entity authorisation. There will be a focus on ensuring compliance with the new requirements and significant penalties will apply for non-compliance.

• Standardisation: All personalised transport vehicles will require an annual certificate

of inspection. A new class of Compulsory Third Party insurance, separate to taxis, will be created for ride-booking and limousines based on the claims experience associated with these vehicles.

The Minister for Main Roads and Road Safety, Mark Bailey spoke regarding the Amendment Bill stating the following:

‘The safety reforms include requiring both booking entities and operators to manage driver fatigue, requiring reflective signage on the front and back of ride-booking services, and making security cameras mandatory in vehicles that are not pre-booked or take cash or payment during a journey.’

The Transport and Other Legislation (Personalised Transport Reform) Amendment Regulation 2017 also commenced in part 9 June 2017 making various amendments to the following legislation:

• Motor Accident Insurance Regulation 2004; • National Injury Insurance Scheme (Queensland) Regulation 2016; • State Penalties Enforcement Regulation 2014; • Transport Operations (Passenger Transport) Regulation 2005; and the • Transport Operations (Road Use Management - Vehicle Registration) Regulation

2010. The Amendment Regulation facilitates the implementation of some of the matters outlined in, or underpinning, the reforms contained in the Amendment Act. Background

Queensland’s taxi and limousine industries are heavily regulated under the Transport Operations (Passenger Transport) Act 1994, which is administered by the Department of Transport and Main Roads. The legislation regulates market entry restrictions, driver authorisation and operator accreditation requirements, vehicle requirements, fares, safety and security measures, customer service standards, accessibility measures and driver conditions. The emergence of new technology based innovations in recent years has transformed the market for personalised transport services, including taxi, limousine and ride-booking services.

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At a time of significant structural change in this sector, it is important to provide a policy and regulatory framework that acknowledges existing, new and potential industry participants and allows existing businesses to adjust while also accommodating new market entrants. In October 2015, the Queensland Government commissioned the independent Opportunities for Personalised Transport Review to ensure that government regulation supports delivery of personalised transport services that meet the needs and expectations of the Queensland community. Following completion of the OPT Review, the Queensland Government released Queensland’s Personalised Transport Horizon: Five Year Strategic Plan for Personalised Transport Services 2016-2021 on 11 August 2016. The Strategic Plan includes measures to comprehensively reform Queensland’s personalised transport industry. Note that the Transport and Other Legislation (Personalised Transport Reform) Amendment Regulation 2017 commences 1 September 2017 facilitating the implementation of some of the matters outlined in, or underpinning, the reforms contained in the Amendment Act. Go back to ‘In this alert’ QLD - Transport and Other Legislation (Personalised Transport Reform) Amendment Regulation (No. 2) 2017

Relevance: Queensland Title of Instrument: Transport and Other Legislation (Personalised Transport Reform) Amendment Regulation (No. 2) Amending: Motor Accident Insurance Regulation 2004; State Penalties Enforcement Regulation 2014; Taxi and Limousine Industry Assistance Scheme Regulation 2016; Transport and Other Legislation (Personalised Transport Reform) Amendment Regulation 2017; Transport Operations (Passenger Transport) Regulation 2005; Transport Operations (Passenger Transport) Standard 2010; Transport Operations (Road Use Management—Driver Licensing) Regulation 2010; Transport Operations (Road Use Management—Road Rules) Regulation 2009; Transport Operations (Road Use Management—Vehicle Registration) Regulation 2010; Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2010. Commencement: Published on the Queensland Legislation Website 11 August 2017; See Staggered Commencement Below Industries: Transport Keywords: Carriers/Passenger Transport; Transport Administration/National Transport Commission Amendment Regulation Located here. The Transport and Other Legislation (Personalised Transport Reform) Amendment Regulation (No. 2) 2017 was published on the Queensland Legislation Website on 11 August 2017, and commenced as follows:

• 11 August 2017: o Part 3, other than section 6(1), (2) and (4) to (10); o Part 5; o Part 6, Divisions 1 and 2.

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• 1 September 2017: o Part 11, other than section 99(1) and (3); o Part 6, Division 3;

• 1 October 2017: o Part 2 commences on 1 October 2017; o The remaining provisions;

• 1 December 2017; o Section 6(5) and Part 6, Division 5;

• 15 January 2018 o Section 6(4).

The Amendment Act amends the following Queensland legislation:

• Motor Accident Insurance Regulation 2004; • State Penalties Enforcement Regulation 2014; • Taxi and Limousine Industry Assistance Scheme Regulation 2016; • Transport and Other Legislation (Personalised Transport Reform) Amendment

Regulation 201; • Transport Operations (Passenger Transport) Regulation 2005; • Transport Operations (Passenger Transport) Standard 2010; • Transport Operations (Road Use Management—Driver Licensing) Regulation 2010; • Transport Operations (Road Use Management—Road Rules) Regulation 2009; • Transport Operations (Road Use Management—Vehicle Registration) Regulation

2010; and the • Transport Operations (Road Use Management—Vehicle Standards and Safety)

Regulation 2010. The objectives of the Transport and Other Legislation (Personalised Transport Reform) Amendment Regulation (No. 2) 2017 are to:

• introduce the new booked hire service licence and • introduce the new booking entity authorisation frameworks for the provision of

booked hire services, and • introduce the new industry chain of responsibility.

Go back to ‘In this alert’ NSW - Health Practitioner Regulation Amendment Act 2017

Relevance: New South Wales Title of Instrument: Health Practitioner Regulation Amendment Act 2017 Amending: See Below Commencement: Assented on 24 October 2017; Commences 8 January 2019 (Except for Schedule 1 [4]–[7], Schedule 3 [1], Schedule 5.18 which commence on a day or days to be proclaimed) Industries: Health Keywords: Health Practitioner Regulation National Law; Nursing; Midwifery; Paramedicine Council of New South Wales Amendment Act Located here.

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The Health Practitioner Regulation Amendment Act 2017 was assented to on 24 October 2017 and commences on 8 January 2019 (Except for Schedule 1 [4]–[7], Schedule 3 [1], Schedule 5.18 which commence on a day or days to be proclaimed). A Commencement Proclamation under the Health Practitioner Regulation Amendment Act 2017 was published on the NSW Legislation website on 1 December 2017, commencing the Amendment Act, other than the provisions relating to the following:

• the prescription of review bodies in New South Wales for decisions made under section 127A of the Health Practitioner Regulation National Law;

• the notification by a National Board of decisions to take health, conduct or performance action against registered health practitioners; and

• the prevention of persons using the title paramedic. The amendments:

• recognising paramedicine as a registered health profession; • allow National Boards for each health profession to be consolidated so that a single

National Board may cover more than one health profession; • separate the single health profession of nursing and midwifery into 2 health

professions; • enable a National Board to obtain additional information from a health practitioner

about the health practitioner’s practice; • make it an offence to breach a prohibition order made in any jurisdiction; and • permit a NSW health professional Council to review conditions imposed.

The Amendment Act also proposes a number of minor statute law revision type amendments, to the following legislation:

• Boarding Houses Regulation 2013; • Casino Control Regulation 2009; • Child Protection (Working with Children) Regulation 2013; • Children and Young Persons (Care and Protection) Regulation 2012; • Crimes (Forensic Procedures) Act 2000; • Crimes Act 1900; • Defamation Act 2005; • Drug and Alcohol Treatment Act 2007; • Drug Misuse and Trafficking Act 1985; • Electricity (Consumer Safety) Act 2004; • Electricity Supply Act 1995; • Gas and Electricity (Consumer Safety) Act 2017; • Government Information (Public Access) Regulation 2009; • Health Administration Act 1982; • Health Care Complaints Act 1993; • Health Care Liability Act 2001; • Health Professionals (Special Events Exemption) Act 1997; • Health Records and Information Privacy Act 2002; • Health Services Act 1997; • Health Services Regulation 2013; • Interpretation Act 1987;

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• Liquor Act 2007; • Mental Health Act 2007; • Mental Health Regulation 2013; • Motor Accident Injuries Act 2017; • Motor Accidents Compensation Regulation 2015; • Poisons and Therapeutic Goods Act 1966; • Poisons and Therapeutic Goods Regulation 2008; • Private Health Facilities Act 2007; • Public Finance and Audit Act 1983; • Public Health Act 2010; • Public Health Regulation 2012; • Radiation Control Regulation 2013; • Veterinary Practice Act 2003; • Victims Rights and Support Regulation 2013; • Work Health and Safety Act 2011; • Work Health and Safety Regulation 2017; • Workers Compensation Act 1987; and the • Workers Compensation Regulation 2016.

Go back to ‘In this alert’ NSW - Terrorism (High Risk Offenders) Act 2017

Relevance: New South Wales Title of Instrument: Terrorism (High Risk Offenders) Bill 2017 Amending: Bail Act 2013; Births, Deaths and Marriages Registration Act 1995; Child Protection (Offenders Prohibition Orders) Act 2004; Child Protection (Offenders Registration) Act 2000; Child Protection (Offenders Registration) Regulation 2015; Crimes (Administration of Sentences) Act 1999; Crimes (Administration of Sentences) Regulation 2014; Crimes (Appeal and Review) Act 2001; Crimes (High Risk Offenders) Act 2006; Crimes (Sentencing Procedure) Act 1999; Criminal Procedure Act 1986; Government Information (Public Access) Act 2009; Jury Act 1977; Privacy and Personal Information Protection Act 1998; Supreme Court Act 1970 Commencement: Gazetted 30 November 2017; Commenced 6 December 2017 (Except for Schedule 2 (other than Schedule 2.10 [2], 2.12 and 2.14)) Industries: All Industries Keywords: Terrorism; High Risk Offenders; Public Safety; High Risk Terrorist Offenders Scheme Act Located here. The Terrorism (High Risk Offenders) Act 2017 was gazetted on 30 November 2017 and commenced on 6 December 2017, except for Schedule 2 (other than Schedule 2.10 [2], 2.12 and 2.14). The Terrorism (High Risk Offenders) Act 2017 provides for the supervision and detention of certain offenders posing an unacceptable risk of committing serious terrorism offences, and to make consequential and related amendments to the following NSW legislation:

• Bail Act 2013; • Births, Deaths and Marriages Registration Act 1995; • Child Protection (Offenders Prohibition Orders) Act 2004;

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• Child Protection (Offenders Registration) Act 2000; • Child Protection (Offenders Registration) Regulation 2015; • Crimes (Administration of Sentences) Act 1999; • Crimes (Administration of Sentences) Regulation 2014; • Crimes (Appeal and Review) Act 2001; • Crimes (High Risk Offenders) Act 2006; • Crimes (Sentencing Procedure) Act 1999; • Criminal Procedure Act 1986; • Government Information (Public Access) Act 2009; • Jury Act 1977; • Privacy and Personal Information Protection Act 1998; and the • Supreme Court Act 1970.

The object of the Act is to enable the Supreme Court to make orders for the supervision or detention of certain offenders after they serve their sentences of imprisonment if satisfied that they pose an unacceptable risk of committing serious terrorism offences if not kept under supervision or in detention. The Terrorism (High Risk Offenders) Act 2017 gives authorities power to keep offenders locked up if they pose an unacceptable risk of committing serious terrorism offences after completing their sentences. According to the Explanatory Note the provisions of the Act are based on those of the Crimes (High Risk Offenders) Act 2006. The proposed Act will apply in respect of persons who are eligible offenders. An eligible offender will be defined to mean a person who is:

• 18 years of age or older; and • serving (or is continuing to be supervised or detained under the proposed Act after

serving) a sentence of imprisonment for a NSW indictable offence. The Explanatory Notes goes on to state the following:

‘As eligible offenders are limited to persons who commit NSW indictable offences, a person will not be an eligible offender for the purposes of the proposed Act in respect of an offence against a law of the Commonwealth. Division 105A (Continuing detention orders) of Part 5.3 of the Criminal Code set out in the Schedule to the Criminal Code Act 1995 of the Commonwealth makes special provision for the continuing detention of certain offenders convicted of terrorism related offences against the laws of the Commonwealth. The proposed Act will enable the Supreme Court to make certain supervision and detention orders in respect of eligible offenders after their sentences of imprisonment end, but only if the State can establish the offender falls into one of the following categories of offender:

• convicted NSW terrorist offenders (generally speaking, these are offenders who have committed the offence under NSW law of being a member of a terrorist organisation),

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• convicted NSW underlying terrorism offenders (generally speaking, these are offenders who have committed certain serious offences under NSW law in a terrorism context),

• convicted NSW terrorism activity offenders (generally speaking, these are offenders who have committed NSW indictable offences and have at any time been subject to control orders or been members of terrorist organisations or who have advocated support for engaging in terrorist acts or are associated or otherwise affiliated with persons or organisations advocating support for engaging in terrorist acts).

With the exception of certain interim or emergency orders of limited duration, the Supreme Court will not be able to make an order for the supervision or detention of any such offender unless the Supreme Court is satisfied to a high degree of probability that the offender poses an unacceptable risk of committing a serious terrorism offence if not kept under supervision or detained under the order.’

Attorney General Mark Speakman stated that the Act ‘creates a new High Risk Terrorist Offenders Scheme, which allows the Supreme Court to place offenders who pose an unacceptable risk of terrorism on Continuing Detention Orders (CDOs) or Extended Supervision Orders (ESOs)…An offender may not have served a sentence for a terrorism offence, but in this age, where the threat of terrorism and radicalisation is real, the state needs to be able to apply for the offender to be placed on a CDO or ESO because of the threat they pose to the community.’ Go back to ‘In this alert’ NSW - Crimes (High Risk Offenders) Amendment Act 2017

Relevance: New South Wales Title of Instrument: Crimes (High Risk Offenders) Amendment Act 2017 Amending: Crimes (Administration of Sentences) Act 1999; Crimes (High Risk Offenders) Act 2006; Crimes (Sentencing Procedure) Act 1999 Commencement: Assented on 24 October 2017; Commenced on 6 December 2017 Industries: All Industries Keywords: Crime; Juvenile Justice; Practice and Procedure; Sentencing; High Risk Offenders; Public Safety Amendment Act Located here. The Crimes (High Risk Offenders) Amendment Act 2017 was assented to on 24 October 2017 and commenced on 6 December 2017, amending the Crimes (High Risk Offenders) Act 2006 to make further provision with respect to the supervision and detention of high risk sex offenders and high risk violent offenders and to make consequential amendments to the Crimes (Administration of Sentences) Act 1999 and the Crimes (Sentencing Procedure) Act 1999. The Crimes (High Risk Offenders) Act 2006 sets out a scheme for the making of extended supervision orders and continuing detention orders in relation to two categories of high risk offenders (high risk sex offenders and high risk violent offenders).

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The Amendment Act introduces four key reforms to address issues with the current framework:

• it will change the eligibility requirements for the scheme to better cater to offenders who commit both serious violent and sex offences. The current eligibility requirements result in people who may pose a risk to the community not coming within the scope of the scheme. The reforms will address this by bringing these so-called generalist offenders within the scope of the scheme;

• the reforms will reframe the test for making an extended supervision order or continuing detention order to ensure that where an offender cannot be safely managed in the community on an extended supervision order [ESO] they are instead subject to continued detention in a correctional centre;

• ensure that the High Risk Offender Scheme comprehensively applies to offenders serving sentences for Commonwealth sex offences; and

• ensure that victims have a greater flexibility in having their voices heard when the Supreme Court is considering an application for post-sentence supervision or detention.

Go back to ‘In this alert’ NSW - Public Health Amendment (Legionella Control - Testing) Regulation 2017

Relevance: New South Wales Title of Instrument: Public Health Amendment (Legionella Control - Testing) Regulation 2017 Amending: Public Health Regulation 2012 Commencement: Published on the NSW Legislation Website 1 December 2017; Commences 1 January 2018 Industries: Health Keywords: Legionella Control; Public Health; Water-Cooling Systems; Local Government; Prescribed Maintenance Requirements Amendment Regulation Located here. The Public Health Amendment (Legionella Control - Testing) Regulation 2017 was published on the NSW Legislation website on 1 December 2017 and commences on 1 January 2018, amending the Public Health Regulation 2012 to change the maintenance requirements imposed on the occupiers of premises on which water-cooling systems are installed. According to the Explanatory Note the object of the Amendment Regulation is to change the maintenance requirements imposed on the occupiers of premises on which water-cooling systems are installed to ensure that:

• there is monthly sampling of water from the system, and testing of the samples for Legionella and heterotrophic colony count; and

• any test results showing high counts are provided to the local government authority within 24 hours.

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Dr Ben Scalley, Director Environmental Health Branch NSW Health, said building owners are being urged to complete their first monthly test by 1 February 2018. Mr Scalley went on to state the following:

‘NSW Health has strengthened the Public Health Regulation to protect the community from the risk of Legionnaires’ disease…So far this year there have been 78 cases of Legionella pneumophila, which can be caused by exposure to contaminated water from cooling towers. In 2016 there were 93 cases… By making it compulsory for building owners to conduct monthly tests and yearly audits, which must be reported to local government, we aim to help prevent Legionnaires’ disease outbreaks across NSW.’

According to the NSW Department of Health, additional amendments to the Regulation are expected in early 2018, requiring building owners to:

• Develop Risk Management Plans (RMP) at least once every five years or once every year for high risk water-cooling systems;

• Ensure independent auditing is conducted every year; • Complete a Certificate of RMP and audit and lodge them with their local council; and • Display unique identification numbers on every cooling tower.

Go back to ‘In this alert’ NSW - Building Products (Safety) Act 2017

Relevance: New South Wales Title of Instrument: Building Products (Safety) Act 2017 Amending: N/A Commencement: Gazetted 30 November 2017; Commences on a Day or Days to be Appointed by Proclamation Industries: All Industries Keywords: Property and Construction; Building and Construction; Building Products; Asbestos Amendment Act Located here. The Building Products (Safety) Act 2017 was gazetted on 30 November 2017 and commences on a day or days to be appointed by proclamation. The Acts objective is to prevent the unsafe use of building products in buildings and to provide for the rectification of affected buildings; and for related purposes. The Act gives power to the Fair Trading Commissioner to ban the use of unsafe building materials like combustible cladding, and make rectification orders, with breaches of bans or orders attracting $1 million-plus fines. Under the new laws, builders, building product suppliers, manufacturers and importers will be compelled to produce their records so dangerous products can be tracked and pinpointed. Failure to provide this information to Fair Trading will be a criminal offence, with penalties of up to $11,000. The Building Products (Safety) Act 2017 is a response to the Grenfell Tower fire in London, where it is thought that external cladding attached to the building may have accelerated

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the spread of fire in the building. The Bill will enable the Secretary to impose a ban on the use of a specified building product in a building, such as external cladding, if the Secretary is satisfied that there is a safety risk posed by the use of the building product, including a safety risk that arises in the event of fire. The objects of this Act are as follows:

• to prevent the unsafe use of building products in buildings, by giving the Commissioner for Fair Trading (the Secretary) power to prohibit the use of a building product in a building if the Secretary is satisfied on reasonable grounds that the use is unsafe;

• to enable the Secretary to identify buildings in which building products have been used in a way that is prohibited (including buildings in which building products were used before the prohibition was imposed);

• to enable councils or other relevant enforcement authorities to require the use of the relevant building product in the building to be rectified, by giving the council or other relevant enforcement authority power to order that the safety risk posed by the use of the building product in the building be eliminated or minimised;

• to confer other powers in connection with the investigation and assessment of building products so that unsafe uses of building products can be identified and prevented.

Clause 4 of the Act provides that for the purpose of the proposed Act, there is a safety risk posed by the use of a building product in a building if any occupants of the building are or will likely be at risk of death or serious injury arising from the use of the building product in the building. A risk can be considered to arise from the use of a building product in a building even if the risk will only arise in certain circumstances or if some other event occurs, such as fire. The use of a building product in a building is unsafe if there is a safety risk posed by the use of the building product in the building. Minister for Better Regulation Matt Kean spoke about the Act, stating the following:

‘London’s Grenfell Tower tragedy was a horrific and stark reminder of the importance of doing all we can to make people in high-rise unit blocks as safe as possible…Today, I am issuing a warning – we intend to be vigorous in using these new laws to make sure building products used in this state are fit for purpose…Any shonky operator who thinks they will be able to continue using the wrong product in the wrong place should think twice. We will throw the book at anyone who is found to have breached these new laws…We are doing everything we can to identify unsafe buildings, and make sure they are made safe as quickly as possible,’

Go back to ‘In this alert’

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NT - Misuse of Drugs Amendment Act 2017

Relevance: Northern Territory Title of Instrument: Misuse of Drugs Amendment Act 2017 Amending: Misuse of Drugs Act 2001 Commencement: Gazetted 30 November 2017; Commenced 1 December 2017 Industries: All Industries Keywords: Food Standard; Cannabis Amendment Act Located here. The Misuse of Drugs Amendment Act 2017 was gazetted on 30 November 2017 and commenced on 1 December 2017, amending the Misuse of Drugs Act 2001 to:

• ensure it is consistent with the Food Standard; and • to enable Territorians to legally supply and possess, as an additional food source:

low THC cannabis seeds that contain no more than 5mg/kg THC; hemp seed oil that contains less than 10mg/kg of THC; a beverage derived from seeds of low THC Cannabis sativa if the beverage contains no more than 0.2mg/kg of THC; and any other food product extracted or derived from seeds of low THC Cannabis sativa that contains no more than 5mg/kg of THC.

Go back to ‘In this alert’ SA - Controlled Substances (Poisons) (No 2) Variation Regulations 2017

Relevance: South Australia Title of Instrument: Controlled Substances (Poisons) (No 2) Variation Regulations 2017 Amending: Controlled Substances (Poisons) Regulations 2011 Commencement: Gazetted 5 December 2017; Commenced 5 December 2017 Industries: Health Keywords: Poisons/Prohibited Substances; Controlled Substances Variation Regulations Located here. The Controlled Substances (Poisons) (No 2) Variation Regulations 2017 were gazetted on 5 December 2017 and commenced on 5 December 2017, amending the Controlled Substances (Poisons) Regulations 2011 as follows:

• Regulation 3(1) (Interpretation) amending the definition of ‘medication chart prescription’ removing the reference to ‘National Health (Pharmaceutical Benefits) Regulations 1960’ and replacing it with ‘National Health (Pharmaceutical Benefits) Regulations 2017’;

• Regulation 18(3)(a) (Regulation of prescription drugs—administration of certain S4 drugs (section 18(1d)(a)(iii) of Act)) amended removing the text ‘, not more than 3 years before the administration of the drug,’;

• Regulation 22 (Exemptions from section 18A of Act) inserting the following after Regulation 22(2)(d): (e)

(i) the drug is prescribed or supplied by a registered health practitioner solely for the treatment of drug dependence and as part of a drug treatment service program administered by an incorporated hospital; and

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(ii) an application for a section 18A authority is made in respect of the person by a registered health practitioner practising at the drug treatment service program within 5 business days of the drug being prescribed or supplied to the person.

• Regulation 25 (Possession of poisons (section 22 of Act)) substituting the reference

to the Controlled Substances (Pesticides) Regulations 2003 with the Controlled Substances (Pesticides) Regulations 2017;

• Regulation 33(6)(b) (How prescription to be given) substituting the reference to the National Health (Pharmaceutical Benefits) Regulations 1960 with the National Health (Pharmaceutical Benefits) Regulations 2017;

• Regulation 34(4)(b) (Written prescriptions) substituting the reference to the

National Health (Pharmaceutical Benefits) Regulations 1960 with the National Health (Pharmaceutical Benefits) Regulations 2017;and

• Regulation 35(12)(b) (Dispensing prescriptions) substituting the reference to the National Health (Pharmaceutical Benefits) Regulations 1960 with the National Health (Pharmaceutical Benefits) Regulations 2017.

Go back to ‘In this alert’ SA - Controlled Substances (Poisons) (Precursors) Variation Regulations 2017

Relevance: South Australia Title of Instrument: Controlled Substances (Poisons) (Precursors) Variation Regulations 2017 Controlled Substances (Poisons) Regulations 2011 Amending: Controlled Substances (Poisons) Regulations 2011 Commencement: Gazetted 5 December 2017; Commenced Industries: Health Keywords: Poisons/Prohibited Substances; Controlled Substances Variation Regulations Located here. The Controlled Substances (Poisons) (Precursors) Variation Regulations 2017 were gazetted on 5 December 2017 and commences on 1 July 2018, amending the Controlled Substances (Poisons) Regulations 2011, as follows:

• Substituting Regulation 16(3) (Declaration of precursors (sections 17A, 17B and 17C of Act)) as follows:

Acetaldehyde N-Acetylanthranilic acid Allylbenzene Ammonium formateAnthranilic acid Benzaldehyde 1,3-benzodioxole Benzyl bromide Benzyl chloride 5-bromo-1,3-benzodioxole Chromic acid (including salts)

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Ergometrine Ergotamine Ethanamine N-Ethylephedrine N-Ethylpseudoephedrine Eugenol Formaldehyde Formamide Hydrobromic acid Iodine (including iodide salts) Isosafrole Lithium Lysergic acid Magnesium Mandelic acid Mercuric chloride Mercury Methylamine Methylammonium salts N-methylformamide Nitroethane Nitromethane Palladium (including salts) Phenylalanine Piperidine Platinum Potassium Propionic anhydride Raney nickel Sodium Sodium borohydride Thionyl chloride Thorium (including salts) Trans-beta-methylstyrene.

Go back to ‘In this alert’ SA - Harbors and Navigation (Lifejackets) Variation Regulations 2017

Relevance: South Australia Title of Instrument: Harbors and Navigation (Lifejackets) Variation Regulations 2017 Amending: Harbors and Navigation Regulations 2009 Commencement: Gazetted 21 November 2017; Commenced 1 December 2017 Industries: Transport Keywords: Lifejackets; Harbours; Vessels; Personal Flotation Devices Variation Regulations Located here. The Harbors and Navigation (Lifejackets) Variation Regulations 2017 were gazetted on 21 November 2017 and commenced on 1 December 2017, amending the Harbors and Navigation Regulations 2009.

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The Harbors and Navigation (Lifejackets) Variation Regulations 2017 amends the Harbors and Navigation Regulations 2009, as follows:

• Variation of Regulation 3 (Interpretation), inserting the following definitions: o lifejacket level 50; o lifejacket level 50S; o lifejacket level 100 or above; o motorised canoe or kayak; and o paddle board.

• Variation of Regulation 80 (Exemptions from Section 47 of Act), inserting

Regulation 80(d) which states that ‘a person who is of or above 16 years of age and who is operating a motorised canoe or kayak in protected or semi-protected waters.’

• Regulation 113 (Use of Hire and Drive Vessels) amended substituting reference to ‘PFD Type 2 or PFD Type 3’ with ‘lifejacket level 50 or lifejacket level 50S’.

• Regulation 128 (Exemptions from Requirement to be Registered and Marked) amended inserting Regulation 128(1)(c) which reads: ‘the vessel is a motorised canoe or kayak being operated in protected or semi-protected waters.’

• Variation of heading to Part 12 Division 4 from ‘Personal flotation devices’ to ‘Lifejackets’.

• Regulation 169 (Lifejackets to be worn on certain recreational vessels) substituted

setting out the requirements for when an occupant must wear a lifejacket.

• Variation of Regulation 177 (Obligations of Person Towed by Vessel) substituting references to ‘PFD Type 2 or PFD Type 3’ with ‘lifejacket level 50 or lifejacket level 50S’.

• Variation of Schedule 9 (Structural Equipment and Marking Requirements for

Vessels) substituting references to ‘PFD Type 2 or PFD Type 3’ with ‘lifejacket level 50 or lifejacket level 50S’, and substituting references to ‘canoe, kayak’ with ‘canoe or kayak (including a motorised canoe or kayak)’

The new laws make the wearing of lifejackets mandatory on vessels and in water activities more often than is currently required. For vessels less than 4.8 metres in length fitted with an engine all persons on-board must wear a lifejacket suitable for their area of operation, at all times when underway or at anchor. For vessels 4.8 metres to 12 metres in length children aged 12 or younger must wear a lifejacket at all times when on an open area of a vessel, at all times when underway or at anchor. Anyone over the age of 12 must wear a lifejacket when on the open deck during times of heightened risk, which include:

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• When operating alone • When operating after sunset or before sunrise • When the boat is disabled • When crossing an ocean bar • At times of restricted visibility • When in an area subject to a gale, storm force, hurricane force, severe

thunderstorm or severe weather warning from the Bureau of Meteorology • The laws also require a lifejacket to be worn, if directed by the operator of a 4.8

metre to 12 metre vessel, if reasonable to do so in the circumstances. Lifejackets must now also be worn for users of paddleboards (including stand-up paddleboards) and surf skis when operated more than 400 metres from shore. Commentary

The Transport and Infrastructure Minister Stephen Mullighan stated the following:

‘Getting out on the water is one of our most popular pastimes in South Australia, especially in regional communities along the coast and the River Murray where boating is an important contributor to local economies…We want all South Australians to be able to enjoy our spectacular coastline and river system, and we want to make sure that everyone is as safe as possible while out on the water…Too many people lose their lives unnecessarily because they don’t wear lifejackets and, while we don’t want to stop people enjoying themselves, we want to make sure that we’re doing what we can to reduce serious injuries and deaths out on the water…Already boaties are required to have enough lifejackets for everyone. These new rules will make it clearer when people should be wearing them and will bring South Australia into line with other states such as Victoria and Queensland…To make sure we’ve got these changes right, we’ll spend the first 12 months educating people and giving everyone the opportunity to ensure they have the proper lifejackets.’

Go back to ‘In this alert’ SA - Statutes Amendment (Drug Driving Penalties) Bill 2017

Relevance: South Australia Title of Instrument: Statutes Amendment (Drug Driving Penalties) Bill 2017 Amending: Motor Vehicles Act 1959; Road Traffic Act 1961 Proposed: Introduced to the Legislative Council on 29 November 2017 Industries: Health; Transport; Keywords: Public Safety; Drugs and Alcohol; Drug Driving Penalties; Motor Vehicles Amendment Bill Located here. The Statutes Amendment (Drug Driving Penalties) Bill 2017 was introduced to the Legislative Council on 29 November 2017, proposing to amend the Motor Vehicles Act 1959 and the Road Traffic Act 1961 with respect to the penalties applying to driving under the influence of drugs. The Amendment Bill proposes to amend the Motor Vehicles Act 1959 as follows:

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• Amendment of Section 81D (Disqualification for certain drug driving offences) substituting 81D(2)(a)(ii) and (iii) with Section 81D(2)(a)(ii), which increases the time in which a disqualified driver can hold or obtain a licence or learner's permit from 2 years to 5 years.

The Amendment Bill proposes to amend the Road Traffic Act 1961 as follows:

• Amendment of section 47BA( Driving with prescribed drug in oral fluid or blood) substituting Sections 47BA(4)(a)(ii) and (iii) with 47BA(ii) – ‘in the case of a subsequent offence—for such period, being not less than 5 years, as the court thinks fit’

The Statutes Amendment (Drink and Drug Driving) Bill changes mean:

• A three month licence disqualification for a first drug driving offence • Increased licence disqualification periods for repeat drug driving offences:

o Second offence – not less than 12 months (currently not less than six months)

o Third offence – not less than two years (currently not less than one year) o Subsequent offence – not less than three years (currently not less than two

years • A new offence for drug or drink driving (0.08 BAC and above) with a child aged

under 16 in the car, requiring the driver to undergo a drug or alcohol dependency assessment before a licence can be reissued.

• Increased penalties for offenders who have lost their licence for drug driving and are caught driving unlicensed, with penalties of up to $5000 or one-year imprisonment and license disqualification of no less than three years.

The following was read in the First Reading speech:

‘Under the current law, a third offence of drug driving—that is, someone who has been detected for a third time—carries a 12-month licence disqualification, which we say is inadequate. A subsequent offence—that is, a fourth or more offence—carries a two-year disqualification. Again, we say this is inadequate. We attempted to modify these penalties in the Statutes Amendment (Drink and Drug Driving) Bill, but even under that bill, the disqualification times are small in comparison with the risk and potential danger that occurs every time someone chooses to get behind the wheel whilst under the influence of a mind-altering substance. In this case, we are talking about illicit substances. Drug driving should not be tolerated, especially repeat drug driving. I do not believe as a parliament we have successfully navigated the issue and found an appropriate penalty for what is occurring on our roads. Today, this bill introduces a mandatory period of a five-year licence disqualification for anyone who commits a third or subsequent drug-driving offence. As I have said in this place before, it is important to remember that driving is not a right but a privilege, and it comes with great responsibility. The Australian Conservatives have no sympathy for drivers who are caught drug driving, especially those who do so repeatedly.

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Where a person has been caught drug driving on three separate occasions, it is clear that they willingly flout the law and have a propensity to continue to do so, putting everyone at risk. Accordingly, anything short of a minimum five-year disqualification period is simply not adequate in our view. I urge members to support this bill when the parliament returns in 2018.’

Go back to ‘In this alert’

TAS - Firearms (Miscellaneous Amendments) Act 2015

Relevance: Tasmania Title of Instrument: Firearms (Miscellaneous Amendments) Act 2015 Amending: Firearms Act 1996; Forensic Procedures Act 2000 Commencement: Assented to 29 May 2015; Staggered Commencement – See Below Industries: Businesses Which Hold Firearms a Licence Keywords: Amendment Act Located here. The Firearms (Miscellaneous Amendments) Act 2015 was assented to 29 May 2015 and commenced as follows amending the Firearms Act 1996 and the Forensic Procedures Act 2000:

• Previously commenced on 4 November 2015: Sections 1-4, 5, 6, 8 12, 13, 19, 21, 22, 27, 32, 33, 37, 38, 40-43, 45, 47, 48-55, 57, 60, 61 and 64.

• Commenced 17 August 2016: Sections 7, 9, 10, 11, 14, 15, 16, 17, 18, 20, 23, 24,

25, 26, 28, 29, 30, 31, 34, 39, 46, 56, 58, 59 and 62.

• Commenced 4 December 2017: Sections 35, 36, 44 and 65. The Act seeks to clarify and define a number of terms embodied within the act. The definition of firearm has been amended to ensure that items which may unintentionally fit within this definition, but are not intended to be firearms, such as flare guns, nail guns and captive bolt devices for farmers, are able to be excluded from the auspices of the act by regulatory amendment. Other definitions now included are for an 'imitation firearm' and 'manufacture'. The Act also creates a separate offence for the possession of a prohibited firearm without an exemption or licence. The amendments which commenced 4 December 2017 set out:

• further requirements in relation to the collection of firearms, the use of such firearms and that the storage requirements for all firearms will be prescribed in Regulations;

• The legislation did not specify the requirements for the storage or security of ammunition for firearms dealers or museums. This issue was addressed by amending the Act to ensure that any ammunition, unless under the immediate control of an employee, is stored in an approved locked receptacle;

• Advertising sale of firearm receptacles; and

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• The definitions of Serious Offence amended so that if a person is convicted of certain serious offences which involve a firearm, then the firearm involved is automatically forfeited to the Crown. These offences include but are not limited to possessing a loaded firearm in a public place, discharging a firearm into, from or over a public place and recklessly discharging a firearm.

Go back to ‘In this alert’ TAS - Firearms Amendment Regulations 2017

Relevance: Tasmania Title of Instrument: Firearms Amendment Regulations 2017 Amending: Firearms Regulations 2016 Commencement: Gazetted 16 August 2017; Commenced 4 December 2018 Industries: Businesses Which Hold Firearms a Licence Keywords: Minimum Storage Requirements; Firearms; Firearm Parts; Ammunition Amendment Regulations Located here. The Firearms Amendment Regulations 2017 were gazetted on 16 August 2017 and will commence on 4 December 2018, amending the Firearms Regulations 2016 prescribing strict storage requirements for firearms, firearm parts and ammunition. The Amendment Regulations insert the following into the Firearms Regulations 2016:

• Regulation 9A (Storage of Firearms and Firearm Parts by Licence Holders); • Regulation 9B (Storage of Ammunition by Licence Holders); and • Regulation 9C (Additional Storage Requirements for 10 or More Firearms and

Category H Firearms). The holder of a firearms licence must ensure that any firearm or firearm part that is not being used, maintained or conveyed is stored in a receptacle that:

• is locked; • is not easily penetrable; • made of a substance or category of substances set out in the Regulations • has an internal locking mechanism • if less than 150kg (empty) is fixed to the floor or a wall.

Go back to ‘In this alert’ TAS - Public Health Amendment (Healthy Tasmania) Act 2017

Relevance: TAS Title of Instrument: Public Health Amendment (Healthy Tasmania) Bill 2017 Amending: Public Health Act 1997; Work Health and Safety Regulations 2012 Commencement: Assented to 16 October 2017; Commenced on 29 November 2017 Keywords: Public Health; Smoking; Obesity; Electronic Cigarettes Amendment Act Located here. The Public Health Amendment (Healthy Tasmania) Bill 2017 was assented to on 21 October 2017 and commenced on 29 November 2017.

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The Amendment Act encompasses important initiatives outlined in our Healthy Tasmania Five Year Strategic Plan, launched in July 2016, with a particular focus on reducing obesity levels and continuing to reduce rates of smoking. The Amendment Act amends the Public Health Act 1997 to deliver three specific smoking-related actions:

• increasing penalties for selling or supplying smoking products to a child; • introducing laws to regulate electronic cigarettes but not ban ‘personal vaporiser

products’; and • targeted campaigns through Quit smoking information to be provided at the point-

of-sale. This is a first.

The Amendment Act also contains other changes to complement the Healthy Tasmania actions and strengthen the Public Health Act 1997, such as making it clear that all smoking, regardless of the product being burned or vaporised is banned in smoke free areas, including personal vaporiser products and other non-tobacco products such as herbal cigarettes or shisha pipes. The Amendment Act significantly increases the court penalty for those who sell or supply smoking products to a person under 18 years of age. A first offence can attract a fine of around $19,000, a second $38,000, and a subsequent offence $57,000. To support this, the Government also plans to increase the amount of the infringement notice (or on-the-spot-fine) for the offence. A retailer may still lose their licence for selling to children. The Amendment Act also makes consequential amendments to the Work Health and Safety Regulations 2012 regarding tobacco or products made of tobacco, which will now be referred to as smoking products within the meaning of the Public Health Act 1997. Go back to ‘In this alert’ TAS - Public Health (Tobacco Seller's Licence) Amendment Regulations 2017

Relevance: Tasmania Title of Instrument: Public Health (Tobacco Seller's Licence) Amendment Regulations 2017 Amending: Public Health (Tobacco Seller's Licence) Regulations 2009 Commencement: Gazetted 28 November 2017; Commenced 29 November 2017 Industries: Public Health Keywords: Tobacco; Smoking; Product Licences; Personal Vaporiser Products Amendment Regulations Located here. The Public Health (Tobacco Seller's Licence) Amendment Regulations 2017 were gazetted on 28 November 2017 and commenced on 29 November 2017, amending the Public Health (Tobacco Seller's Licence) Regulations 2009. The Public Health (Tobacco Seller's Licence) Amendment Regulations 2017 amend the Public Health (Tobacco Seller’s Licence) Regulations 2009 by prescribing the fees payable, in respect of smoking product licences authorising the sale of personal vaporiser products,

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consequent on the enactment of the Public Health Amendment (Healthy Tasmania) Act 2017. Go back to ‘In this alert’ TAS - Fire Service (Miscellaneous) Regulations 2017

Relevance: Tasmania Title of Instrument: Fire Service (Miscellaneous) Regulations 2017 Amending: N/A Commencement: Gazetted on 29 November 2017; Commences 26 December 2017 Industries: All Industries Keywords: Bush Fires; Fire Brigades and Authorities; Fire Safety Regulations Located here. The Fire Service (Miscellaneous) Regulations 2017 were gazetted on 28 November 2017 and commences on 29 December 2017, replacing the Fire Service (Miscellaneous) Regulations 2007. The Fire Service (Miscellaneous) Regulations 2017 prescribe a number of administrative, fire safety and miscellaneous matters for the purposes of the Fire Service Act 1979. Go back to ‘In this alert’ VIC - Drugs, Poisons and Controlled Substances Amendment (Lab-Grade Pill Testing Pilot) Bill 2017

Relevance: Victoria Title of Instrument: Drugs, Poisons and Controlled Substances Amendment (Lab-Grade Pill Testing Pilot) Bill 2017 Amending: Drugs, Poisons and Controlled Substances Act 1981 Proposed: Introduced to the Legislative Council 29 November 2017 Industries: Health Keywords: Drugs and Alcohol; Poisons; Controlled Substances Amendment Bill Located here. The Drugs, Poisons and Controlled Substances Amendment (Lab-Grade Pill Testing Pilot) Bill 2017 was introduced to the Legislative Council 29 November 2017, proposing to amend the Drugs, Poisons and Controlled Substances Act 1981 to provide for the conduct of a pilot program for pill testing, and for other purposes. Go back to ‘In this alert’ WA - Road Traffic (Breath Analysis) Amendment Regulations 2017

Relevance: Western Australia Title of Instrument: Road Traffic (Breath Analysis) Amendment Regulations 2017 Amending: Road Traffic (Breath Analysis) Regulations 1975 Commencement: Gazetted 1 December 2017; Commenced 2 December 2017 Industries: Transport Keywords: Breath Analysis; Road Safety; Alcohol; Amendment Regulations Located here.

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The Road Traffic (Breath Analysis) Amendment Regulations 2017 were gazetted on 1 December 2017 and commenced on 2 December 2017, amending the Road Traffic (Breath Analysis) Regulations 1975, as follows:

• Regulation 5 amended with respect to self-testing breath analysing equipment; and • Second Schedule amended with respect to analysis of breath sample by self-testing

breath analysing equipment (Dräger Alcotest 9510). Go back to ‘In this alert’ WA - Road Traffic (Vehicles) Amendment Regulations (No. 3) 2017

Relevance: Western Australia Title of Instrument: Road Traffic (Vehicles) Amendment Regulations (No. 3) 2017 Amending: Road Traffic (Vehicles) Regulations 2014 Commencement: Gazetted 1 December 2017; Commenced 2 December 2017 Industries: Transport Keywords: Motor Vehicles: Amendment Regulations Located here. The Road Traffic (Vehicles) Amendment Regulations (No. 3) 2017 were gazetted on 1 December 2017 and commenced on 2 December 2017, amending the Road Traffic (Vehicles) Regulations 2014 as follows:

• Regulation 454A amended removing the definition of relevant offence;

• Regulation 454P amended deleting paragraph (a), (b)(ii), (c) and inserting: (c) the holder is convicted of — (i) an offence against a road law; or (ii) an offence against a law of another place that substantially corresponds to an offence against a road law.

Go back to ‘In this alert’ WA - Code of Practice for Persons Working on or Near Energised Electrical Installations 2017

Relevance: Western Australia Title of Instrument: Code of Practice for Persons Working on or Near Energised Electrical Installations 2017 Amending: N/A Commencement: Gazetted on 1 December 2017; Commences 15 May 2018 Industries: All Industries Keywords: Code of Practice; Electrical Safety; Electrical Installations; Work Health and Safety Code of Practice Located here. The Code of Practice for Persons Working on or Near Energised Electrical Installations 2017 was gazetted on 1 December 2017 and commences on 15 May 2018.

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The Code commences on the day the Electricity (Licensing) Amendment Regulations (No. 2) 2017 commences. The Code was developed by EnergySafety as a Code of Practice for Persons Working on or Near Energised Electrical Installations. Compliance with the Code is made mandatory under Regulation 49(1) of the Electricity (Licensing) Regulations 1991. The Code will aid duty holders comply with recent amendments to the Occupational Safety and Health Regulations 1996 and Electricity (Licensing) Regulations 1991. The Code’s scope is as follows:

Regulation 55 of the Electricity (Licensing) Regulations 1991 prohibits electrical work on or near an energised part of an electrical installation except under certain specific situations prescribed in Sub-regulation 55(2). This Code prescribes additional requirements for those persons who will be authorising or carrying out electrical work on or near energised electrical installations. It is to be read in conjunction with the Occupational Safety and Health Regulations 1996 (OSHR), in particular Part 3 Division 6. Compliance with the Code may be achieved by following another method utilising sound risk management practices, if it provides an equivalent or higher standard of electrical safety than the Code. The Code applies to all electrical work on low-voltage and high-voltage installations. It does not apply to work on extra-low voltage1 electrical equipment. Regulation 55 does not apply to a network operator’s network but does apply to electrical installations that are not part of the network operator’s network such as general power and lighting in switchyards and associated control buildings. This Code has been made in accordance with Part VI of the Interpretation Act 1984 and has the power of subsidiary legislation. It is referenced in Regulation 49(1) of the Electricity (Licensing) Regulations 1991.

Go back to ‘In this alert’ New & Updated Standards…

The following list includes new, amended or superseded Australia Standards associated with health & safety, from the past week:

• AS/NZS 60335.2.109:2011 Household and similar electrical appliances - Safety - Particular requirements for UV radiation water treatment has been amended by AS/NZS 60335.2.109:2011 (IEC TEXT)/AMDT 2:2017 Household and similar electrical appliances - Safety Particular requirements for UV radiation water treatment.

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• AS/NZS 60335.2.105:2017 Household and similar electrical appliances - Safety Particular requirements for multifunctional shower cabinets – Published on 30 November 2017 superseding AS/NZS 60335.2.105:2006 Household and Similar Electrical Appliances - Safety Particular requirements for multifunctional shower cabinets.

• AS/NZS 60335.2.109:2011 Household and similar electrical appliances - Safety - Particular requirements for UV radiation water treatment has been amended by AS/NZS 60335.2.109:2011/Amdt 2:2017 Household and similar electrical appliances - Safety Particular requirements for UV radiation water treatment.

• AS/NZS 60335.2.2:2010 Household and similar electrical appliances - Safety - Particular requirements for vacuum cleaners and water-suction cleaning appliances (IEC 60335-2-2 Ed 6, MOD) has been amended by AS/NZS 60335.2.2:2010/AMDT 4:2017 Household and similar electrical appliances - Safety Particular requirements for vacuum cleaners and water-suction cleaning appliances (IEC 60335-2-2 Ed 6.1, MOD).

• AS/NZS 60335.2.30:2015 Household and similar electrical appliances - Safety - Particular requirements for room heaters (IEC 60335-2-30 Ed 5, MOD) has been amended by AS/NZS 60335.2.30:2015/AMDT 2:2017 Household and similar electrical appliances - Safety Particular requirements for room heaters (IEC 60335-2-30 Ed 5.1, MOD).

• AS/NZS 60335.2.34:2016 Household and similar electrical appliances - Safety - Particular requirements for motor-compressors has been amended by AS/NZS 60335.2.34:2016/AMDT 1:2017 Household and similar electrical appliances - Safety Particular requirements for motor-compressors.

• AS/NZS 60335.2.35:2013 Household and similar electrical appliances - Safety - Particular requirements for instantaneous water heaters has been amended by AS/NZS 60335.2.35:2013/AMDT 1:2017 Household and similar electrical appliances - Safety Particular requirements for instantaneous water heaters.

• AS/NZS 60335.2.53:2011 Household and similar electrical appliances - Safety - Particular requirements for sauna heating appliances and infrared cabins has been amended by AS/NZS 60335.2.53:2011/AMDT 1:2017 Household and similar electrical appliances - Safety Particular requirements for sauna heating appliances and infrared cabins.

• AS 4324.1:2017 Mobile equipment for continuous handling of bulk materials - General requirements for the design of steel structures – Published on 5 December 2017 superseding AS 4324.1-1995 Mobile equipment for continuous handling of bulk materials General requirements for the design of steel structures.

A full list of Standards under review, along with a link to the Draft Standards and a link for making comments to the above Draft Standards can be found in our ‘Open for Comment’ section, under the title ‘Draft Standards Open for Comment’ Go back to ‘In this alert’

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Open for Comment…

Draft Standards Open for Comment ‘UPDATED’ A number of Draft Standards are open for comment. They include: Draft Standard Comments due by AS/NZS 5141 Residential air-conditioning systems - Minimum application requirements for energy efficiency

1 December 2017

AS 1172.2:2014 Amd 1 AS 1172.2-2014 Water closets (WCs) 4 December 2017 AS/NZS 4859.1 Materials for thermal insulation of buildings 1 December 2017 AS/NZS 4859.2 Materials for thermal insulation of buildings - Design

1 December 2017

AS 1172.1:2014 Amd 1 AS 1172.1-2014 Water closets (WCs) 1 December 2017 AS/NZS 2885.1 Pipelines - Gas and liquid petroleum - Design and construction

1 December 2017

AS 1172.2:2014 Amd 1 Water closets (WCs) - Part 2: Flushing devices and cistern inlet and outlet valves

4 December 2017

AS 1670.3 Fire detection, warning, control and intercom systems - System design, installation and commissioning

5 December 2017

AS/NZS 3500.1 Plumbing and drainage, Part 1: Water Services 7 December 2017 AS/NZS 3500.2 Plumbing and drainage, Part 2: Sanitary plumbing and drainage

7 December 2017

AS/NZS 3500.4 Plumbing and drainage, Part 4: Heated water services

7 December 2017

AS/NZS IEC 60990 Methods of measurement of touch current and protective conductor current

11 December 2017

AS 3533.4.1 Amusement rides and devices - Part 4.1: Specific requirements - Land-borne inflatable devices

13 December 2017

AS 5182 Vendor Credentialing for Healthcare Facilities 15 December 2017 AS/NZS 3580.9.17 Methods for sampling and analysis of ambient air atmospheres - Method 9.17: Demonstration of Equivalence of Ambient Air Particulate Monitoring Methods

19 December 2017

AS/NZS 4187:2014 Amd 2 Reprocessing of reusable medical devices in health service organisations

19 December 2017

AS 3814 Industrial and commercial gas-fired appliances 21 December 2017 AS 4631 Limited flexibility connectors for gas 27 December 2017 AS 4722 Passenger Ropeways and Passenger Conveyors 28 December 2017 AS/NZS 2243.4 Safety in laboratories Part 4: Ionizing radiations 28 December 2017 AS 1141.24 Methods for sampling and testing aggregates - Aggregate soundness - Evaluation by exposure to sodium sulphate solution

08 January 2018

AS 1141.54 Foreign material in crushed recycled material for pavements

08 January 2018

AS/NZS 4730.1 Mining - Winding equipment, Part 1: Winder control systems

08 January 2018

AS/NZS 4730.2 Mining - Winding equipment, Part 2: Braking systems

08 January 2018

AS/NZS 5149.1:2016 Amd 2 Refrigerating systems and heat 09 January 2018

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pumps - Safety and environmental requirements - Part 1: Definitions, classification and selection criteria (ISO 5149-1:2014, MOD) AS 1670.4:2015 Amd 1 AS 1670.4:2015 Fire detection, warning, control and intercom systems - System design, installation and commissioning

11 January 2018

AS/NZS 1576.1 Scaffolding Part 1: General requirements 13 January 2018 AS 5216 Design of post-installed and cast-in fastenings in concrete

15 January 2018

AS/NZS 1576.1 Scaffolding, Part 1: General requirements 17 January 2018 AS 4617 Manually operated gas valves 18 January 2018 AS 4822 External field joint coatings for steel 18 January 2018 AS/NZS 1892.1 Portable ladders - Metal & Reinforced Plastic 30 January 2018 AS/NZS 2918 Domestic solid fuel burning appliances - Installation

1 February 2018

AS 1670.1 Fire detection, warning, control and intercom systems - System design, installation and commissioning

1 February 2018

AS 1670.4 Fire detection, warning, control and intercom systems - System design, installation and commissioning

1 February 2018

A full list of Standards under review, along with a link to the Draft Standards and a link for making comments to the above Draft Standards can be accessed here. Readers who may have an interest in Standards reviews are encouraged to view the whole list, as the reviews listed above are only a selection of those Standards under review. NZ - Review of Electric Vehicle Charging Safety Guidelines ‘NEW’ WorkSafe New Zealand is seeking feedback on the following draft Electric Vehicle Charging Guidelines:

• Electric vehicle charging safety guidelines - Part 1: Safety fundamentals edition 2 draft;

• Electric vehicle charging safety guidelines - Part 2: Selection and installation edition 2 draft; and

• Electric vehicle charging safety guidelines - Part 3: supply equipment - NZ specific, Edition 2 draft.

Part 2 of the electric vehicle charging safety guidelines provides detailed guidance on achieving safety for the selection and installation of (electric vehicle supply equipment) EVSE consistent with Part 1. According to WorkSafe the guidelines will remain in their current format. However, the review may involve alteration, removal or addition of the text in the Guidelines. It may also involve inclusions of new or newly recognised technology as well as removal of outdated technology. It may also involve citation of new or updated standards, as well as the removal of recognition of standards. The feedback template can be accessed here.

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Comments close 27 February 2018. Submissions should be emailed to: comments@energysafety.govt.nz. NZ - Consultation on Draft Code of Practice for Radiation Therapy ‘NEW’ The Ministry of Health New Zealand is seeking feedback on its draft Code of Practice for Radiation Therapy. The Radiation Safety Act 2016 came into force on 7 March 2017. The Act is administered by the Ministry of Health’s Office of Radiation Safety. The Act sets out high-level safety and security obligations in Section 9–12. There are many different types of radiation use and the requirements are often very technical. The Act therefore authorises the issuing of Codes of Practice to set out more detailed requirements relating to individual areas of practice. This Code relates to radiation therapy. Section 86(2) states ‘before issuing a Code of Practice, the Director for Radiation Safety must consult any person who the Director reasonably considers is likely to be affected by the proposed Code.’ The purpose of this consultation document is to consult as required by Section 86(2) and promote discussion. The draft Code of Practice for Radiation Therapy can be accessed here. Comments close 29 January 2018. Submissions may be made via email to: orsenquiries@moh.govt.nz Or via post to:

Office of Radiation Safety PO Box 3877 Christchurch 8140

NZ - Consultation on Draft Code of Practice for Non-medical Uses of Ionising Radiation ‘NEW’ The Ministry of Health, New Zealand is seeking feedback on its draft Code of Practice for Non-medical Uses of Ionising Radiation. The Radiation Safety Act 2016 came into force on 7 March 2017. The Act is administered by the Ministry of Health’s Office of Radiation Safety. The Act sets out high-level safety and security obligations in section 9–12. There are many different types of radiation use and the requirements are often very technical. The Act therefore authorises the issuing of Codes of Practice to set out more detailed requirements relating to individual areas of practice. This Code relates to all uses of ionising radiation that do not involve medical exposures.

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Section 86(2) states ‘before issuing a Code of Practice, the Director for Radiation Safety must consult any person who the Director reasonably considers is likely to be affected by the proposed Code.’ The purpose of this consultation document is to consult as required by Section 86(2) and promote discussion. The draft Code of Practice for Non-medical Uses of Ionising Radiation can be accessed here. Comments close 29 January 2018. Submissions may be made via email to: orsenquiries@moh.govt.nz Or via post to:

Office of Radiation Safety PO Box 3877 Christchurch 8140

NZ - Proposed Import Health Standard for Vehicles, Machinery and Equipment ‘NEW’ The Ministry for Primary Industries, New Zealand is seeking comment on proposed changes to the Import Health Standard for Vehicles, Machinery and Equipment. The draft Import Health Standard for Vehicles, Machinery and Equipment can be accessed here; and a Guidance document can be accessed here. The Import Health Standard for Vehicles, Machinery and Equipment is expected to be finalised by 20 April 2018. Comments close 29 January 2018. Submissions should be emailed to: standards@mpi.govt.nz Or posted to:

Consultation on the Import Health Standard for Vehicles, Machinery and Equipment Biosecurity and Environment Group Ministry for Primary Industries PO Box 2526 Wellington 6140 New Zealand

CTH - Consultation on Draft Locomotive Boiler Guideline The Office of the National Rail Safety Regulator (ONRSR) is seeking feedback on is draft guideline for rail transport operators with steam boilers on their locomotives.

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The purpose is to provide rail transport operators with guidance on what evidence they can provide to demonstrate compliance with the Rail Safety National Law, especially regarding the competence of boiler operators, maintainers, repairers and independent inspectors. It is particularly relevant to tourist and heritage rail operators. It may also be useful for persons such as independent boiler inspectors or boiler repairers, who may be asked to perform work on a steam locomotive boiler. The guideline is intended to complement the RISSB Code of Practice for Inspection maintenance and repair of rail locomotive boilers and relevant Australian Standards. Comments close 22 December 2017. Comments should be emailed to: contact@onrsr.com.au The draft guideline can be accessed here. TAS - Consultation on Fireworks Laws WorkSafe Tasmania is seeking comment on its Draft Explosives Amendment Regulations (Fireworks.). On 9 June 2016, the Government announced that a new framework for the use of fireworks will be introduced. This new framework will balance the need to protect animals, the environment and amenities, while enabling Tasmanians to still enjoy the fun of Cracker Night. Under the new framework, members of the public will continue to be able to access Type 2 fireworks for Cracker night. However, the purchase and use of Type 2 fireworks will be limited to licensed pyrotechnicians on any other day of the year. The current fee structure to apply for a fireworks display permit will not change. The amendments are proposed to commence 1 March 2018. The draft amendments can be accessed here; while an information sheet can be accessed here. Comments close 20 December 2017. Comments may be emailed to: wstinfo@justice.tas.gov.au Or posted to:

Fireworks Laws WorkSafe Tasmania PO Box 56 ROSNY PARK TAS 7018

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VIC - Australian Standard AS 3814 Revision Energy Safe Victoria has recently directed Victorians to comment on AS 3814:2015 Industrial and commercial gas-fired appliances. The draft of the revised Standard is currently open for public comment. The Draft version of the Standard can be accessed here. AS 3814:2015 Industrial and commercial gas-fired appliances provides the minimum requirements for the design, construction and safe operation of Type B appliances, is currently being updated. Submissions may be made here. Comments close 21 December 2017. Energy Safe Victorian’s direction can be accessed here. CTH - Proposed Regulatory Changes Related To Personalised And 3D Printed Medical Devices The Therapeutic Goods Administration (TGA) is seeking comments from interested parties on future options for the regulation of personalised and 3D printed medical devices.

The TGA is seeking comments on its proposed options to:

• potentially re-define 'custom-made devices'; • introduce new definitions within the personalised medical devices vocabulary; • clarify entities who may be liable as a manufacturer of a supplied device; • harmonise regulatory approaches with other jurisdictions; and • include special provisions for certain dental and other low risk devices to reduce

unnecessary regulation burden. The purpose of this consultation is to provide an opportunity for the public to contribute to the development of a regulatory framework for personalised medical devices such as those enabled by 3D printing. Reforms will affect industry, healthcare professionals and patients of these medical devices. Comments will assist the TGA to identify issues and ensure regulation of the devices is appropriate to the level of risk. The Consultation Paper can be accessed here. Comments close 22 December 2017. Submissions may be made online here or mailed (coversheet) to:

Business Improvement and Support Section Medical Devices and Product Quality Branch Therapeutic Goods Administration PO Box 100 WODEN ACT 2606

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CTH - Australian Competition and Consumer Commission Seeks Feedback to Improve Quad Bike Safety The Australian Competition and Consumer Commission (ACCC) has recently published an Issues Paper which proposes the following quad bike reforms:

• mandating specific design requirements and construction of quad bikes, including features that reduce the risk for children riding quad bikes designed for adults;

• introducing a safety rating system and the testing of quad bike models before they are sold in Australia; and

• mandating safety warning information consumers would receive when buying a new quad bike.

The ACCC is seeking comments from stakeholders including manufacturers, dealers, workplace safety experts, researchers, farmers and quad bike users on a range on the above reforms. The ACCC will be making a Draft Recommendation to government early next year, with a Final Recommendation to be made mid-2018. In the period of 1 January 2011 to 16 October 2017:

• 114 people have died in quad bike-related accidents; • children under the age of 16 accounted for 15% of these deaths, children under 11

accounted for 9% of these deaths; • about half the deaths were workers and half were recreational users; • almost half (55 fatalities) of all deaths were the result of a rollover; • ages of the deceased ranged from four to 94 years; • 83% of deaths were males; and • in 2017 so far, there have been 10 deaths, including a six year old girl and a seven

year old boy. The Issues Paper can be accessed here. Comments close 15 December 2017. Submissions may be made online here, via email to: qbtaskforce@accc.gov.au or via post to:

Director Quad Bikes Taskforce Consumer Product Safety Branch Australian Competition & Consumer Commission GPO Box 3131 Canberra, ACT 2601

CTH - National Heavy Vehicle Regulator Seeking Comment on Safety Initiative The National Heavy Vehicle Regulator (NHVR) is seeking feedback on the next round of funding to support heavy vehicle safety projects.

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The NHVR Heavy Vehicle Safety Initiative continues to support safety programs that benefit the heavy vehicle industry and the community. We are looking for submissions that detail implementable, value-for-money projects that will deliver significant heavy vehicle safety benefits. The program is entering its third funding round with $3.89 million to support a wide range of projects. The first two rounds of the program have seen $7.72 million invested in 17 projects to improve safety for heavy vehicle drivers, operators and general road users. Round 3 funding will apply to projects commencing in 2018-19 and the Transport and Infrastructure Council will approve successful projects in May 2018. Comments close 23 February 2018. The submission form can be accessed here and the submission guidelines can be accessed here. Further information can be accessed here. CTH - Funding Boost for Heavy Vehicle Safety Projects The National Heavy Vehicle Regulator (NHVR) is calling for submissions for the next round of Australian Government funding to support industry-led safety projects. Federal Infrastructure and Transport Minister Darren Chester started the following:

‘The first two rounds of the program have seen $7.72 million invested in 17 projects to improve safety for heavy vehicle drivers, operators and general road users…The Heavy Vehicle Safety Initiative is entering the third funding round with $3.89 million from the Turnbull-Joyce Government available to support a wide range of projects…There were 212 fatalities involving heavy vehicles across Australia in 2016-17 and we are continuing to work hard to ensure that number continues to decline….Governments and agencies don’t have all the answers, which is why we want to hear from anyone who has a program, education, or information materials that can provide a tangible safety benefit.’

While, NHVR CEO Sal Petroccitto stated that the uptake of the program had been extremely high. Mr Petroccitto went on to state the following:

‘Due to the overwhelming response by industry in the past, the NHVR has decided to open applications earlier this round…We expect to again receive high quality proposals for both grass-roots and higher level safety projects…We are looking for submissions that detail implementable, value-for-money projects that will deliver significant heavy vehicle safety benefits…Safety projects that are already benefiting from support of the Heavy Vehicle Safety Initiative program include a funding option for a livestock unloading crate by the Australian Livestock and Rural Transporters Association, a series of safety workshops by the Australian Forest Contractors Association, Chain of Responsibility information being delivered nationally, and a fog awareness trial being rolled-out in Victoria.’

Comments close 23 February 2018. Projects will be presented to the Transport and Infrastructure Council for consideration in May 2018.

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CTH - Review of the National Gene Technology Scheme – Consultation approach 2017 All Australian Governments have agreed to initiate the third review of the National Scheme for the Regulation of Gene Technology. Phase 1 of the consultation process closed 29 September 2017, with phase 2 commencing 6 November 2017. Phase 2 will allow stakeholders to engage collaboratively via issues papers, workshops, forums, surveys, targeted meetings, market research and written submissions to explore options and develop solutions to the issues captured. The intergovernmental Gene Technology Agreement requires that reviews of the National Gene Technology Scheme are undertaken regularly. The first review was held in 2006, with a second ‘lighter touch’ review held in 2011. The ministerial committee with responsibility for oversight of the Scheme, the Legislative and Governance Forum on Gene Technology (LGFGT), announced the current review in July 2017. This Review will ensure the scheme remains effective, agile and supports innovation into the future, and continues to meet the objective of the Act which is to:

‘to protect the health and safety of people and to protect the environment by identifying risks posed by or as a result of gene technology, and by managing those risks through regulating certain dealings with GMOs’

To register for workshops click here. To register for webinars click here. The online submissions portal is yet to open, further information will be provided in our next alert. VIC - Victorian Fire Management Strategy The Department of Justice and Regulation is seeking feedback on its Victorian Fire Management Strategy Discussion Paper which aims to develop a new Victorian Fire Management Strategy which will provide direction to achieving a sustainable future for fire management in Victoria. The aim of the Victorian Fire Management Strategy is to provide the pathway to reduce the number and the consequences of harmful fires across Victoria, for all types of fire, and for all communities, through to 2030. We are seeking feedback from all Victorians including:

• Individuals; • Community groups; • Business; • Industry; • Government; • Not-for-profit; • Academia;

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• Emergency management organisations. The Discussion Paper can be accessed here. Submissions may be submitted online here. Comments close 15 December 2017. CTH - IMAP Tranche 22 – Comment Sought Interested parties are invited to comment on the assessment outcomes of IMAP—Tranche 22. Comments and information are also invited on excluded use chemicals published under Tranche 20. Stage Two of Inventory Multi-tiered Assessment and Prioritisation (IMAP) began in July 2016. The National Industrial Chemicals Notification and Assessment Scheme (NICNAS) will continue to assess chemicals on the Australian Inventory of Chemical Substances (AICS), including:

• Chemicals identified as a concern for which action has been taken overseas; and • Chemicals that can be rapidly identified and assessed by using Stage One

information.

The public comment period closes on 12 January 2018. More information can be accessed here. Comments can be submitted online using this link. CTH - Consultation on Patient Safety and Quality Improvement Strategies in Primary Care The Australian Commission on Safety and Quality in Health Care together with primary health care partners and consumers is developing nationally consistent strategies, tools and resources to support improvements in the safety and quality of care provided in primary care settings. The Consultation Paper outlines the proposed work and the Commission is seeking feedback from primary care stakeholders on the strategies outlined in the consultation paper and to identify others that are needed to support patient safety and quality improvement in primary care. The Consultation Paper ‘Patient safety and quality improvement in primary care’ can be accessed here. While, a summary paper can be accessed here.

Submissions can be emailed to: NSQHSStandards@safetyandquality.gov.au or sent by post to:

Patient Safety and Quality Improvement in Primary Care Australian Commission on Safety and Quality in Health Care GPO Box 5480 SYDNEY NSW 2001

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CTH - Consultation on the RIS for a National Phase Out of PFOS The Department of Environment and Energy has released a Regulation Impact Statement (RIS) on options for a national phase out of perfluorooctane sulfonic acid (PFOS) and related chemicals, including its salts and perfluorooctane sulfonyl fluoride (PFOSF). The Department is seeking feedback on the RIS, with comments closing 18 December 2017. The consultation RIS proposes a national approach to managing PFOS chemicals to minimise future emissions, in accordance with the globally accepted standards established by the Stockholm Convention. The consultation RIS presents four options: two options consistent with the requirements of the Convention, an option for light touch regulation, and the base case of no regulation. Together with other information these options are intended to inform the Government's decision on ratification of the PFOS amendment to the Stockholm Convention. The Regulation Impact Statement for consultation on a national phase out of PFOS – ratification of the Stockholm Convention amendment on PFOS can be accessed here. The submissions sheet can be accessed here. Submissions may be emailed to: PFASstandards@environment.gov.au Or posted to:

PFAS Standards Section Department of the Environment and Energy GPO Box 787 Canberra ACT 2601

CTH - Inquiry into the National Road Safety Strategy 2011-2020 The Department of Infrastructure and Regional Development has recently commenced an inquiry into the National Road Safety Strategy 2011-2020 to tackle rising road trauma rates, and is seeking feedback. The National Road Safety Strategy 2011–2020 represents the commitment of Federal, State and Territory Governments to an agreed set of national goals, objectives and action priorities; setting out a path for action to reduce fatal and serious injury crashes on Australian roads. Federal Infrastructure and Transport Minister Darren Chester announced the review stating the following:

‘I'm worried that we are too accepting of the fact 1300 Australians will die on our roads and tens of thousands will be injured this year…Road trauma has an enormous social impact and in economic terms, road injury costs our nation an estimated $30 billion per year. I don't accept that as a price we have to pay for a modern transport system. The re-evaluation of the existing strategy is about setting the national agenda for years to come…After decades of reductions in road trauma,

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we have experienced a spike in several states in recent years and it's timely to review the national strategy, in partnership with the state government and the community.’

Mr Chester went on to state that the ‘inquiry will help to inform future road safety investment decisions. I will be encouraging interested stakeholders to participate in roundtables and share their experiences through a submission process in the coming months.’ Associate Professor Jeremy Woolley, Director of the Centre for Automotive Safety Research at the University of Adelaide, and Dr John Crozier, Chair of the Royal Australasian College of Surgeons' Trauma Committee, will co-chair the inquiry. Comment can be made online here or via emailed to: roadsafetystrategy@infrastructure.gov.au Comments close 16 February 2018. Further information can be accessed here. WA - Consultation on Public Health Risks Associated with Morgues The Department of Health Western Australia has recently published a discussion paper and it seeking comment on the management of public health risks associated with morgues in Western Australia. The discussion paper focuses on determining the best option for managing the public health risks associated with the temporary storage of human remains (morgues) in a manner which maintains public health. These options include:

• Option A: Do nothing; • Option B: Rely on the general public health duty of the Public Health Act 2016 and

issue a Code of Practice or Guideline ; • Option C: Develop new Regulations for morgues in WA; • Option D: Develop provisions regarding morgues to be included in model health

local laws for local governments in WA; and • Option E: None of the above.

Feedback can be made online here. Comments close 31 December 2017. Review of International Atomic Energy Agency (IAEA) Drafts ARPANSA coordinates the Australia’s comment on documents as they are developed and provides feedback on behalf of Australia to the IAEA through Safety Standards Committee members to the International Atomic Energy Agency. Comments on drafts are requested in relation to:

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• Relevance and usefulness - Are the stated objectives appropriate, and are they met by the document?

• Scope and completeness - Is the stated scope appropriate, and is it adequately covered by the document?

• Quality and clarity - Do the requirements/guidance in the document represent the current consensus among specialists in the field, and are they expressed clearly and coherently?

All comments should be submitted using the ‘Member State Comments template’ (see below). Comments should refer to the relevant paragraph number in the document being reviewed, and when appropriate, should propose alternative text. IAEA drafts that are currently under review are:

• IAEA DS440 - Design of Auxiliary Systems and Supporting Systems for Nuclear Power Plants – Closing Date: 15 December 2017.

• IAEA DS496 - Advisory Material for the IAEA Regulations for the Safe Transport of Radioactive Material – Closing Date: 22 December 2017.

Full details, including on how to make a submission can be found here. Go back to ‘In this alert’ In Other News…

CTH - National Heavy Vehicle Regulator Releases Series of Videos

The National Heavy Vehicle Regulator (NHVR) has recently released a series of Chain of Responsibility information videos to give businesses an insight into the safety practices of other transport and logistics operators. The new videos are as follows:

• CoR - Summary of the amended law;

• CoR - Benefits of alignment with WHS law;

• CoR - So far as reasonably practicable;

• Safety Management Systems;

• Risk Management - Identify hazards;

• Risk Management - Assess risk;

• Risk Management - Treat and monitor risk;

• What does compliance look like?;

• The CoR Gap Assessment Tool;

• Industry Codes of Practice;

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The NHVR also published a video titled Industry Approaches to Safety Management Systems which ‘provided first-hand accounts from four heavy vehicle operators and logistics companies about controls and systems they were implementing ahead of changes to Chain of Responsibility (CoR) laws, coming in mid-2018’ Sal Sal Petroccitto said. Go back to ‘In this alert’ CTH - WHS Code of Practice Managing Risks in Stevedoring

The Federal Employment Minister, Michaelia Cash has recently approved the Work Health and Safety Code of Practice, Managing Risks in Stevedoring, under the Commonwealth Work Health and Safety Act 2011. The Code mirrors the Model Code of Practice: Managing risks in stevedoring published by Safe Work Australia in December 2016. The instrument provides practical guidance to duty holders on meeting their obligations under the Work Health and Safety Act 2011 and Work Health and Safety Regulations 2011. The Code of Practice provides practical advice for persons conducting a business or undertaking (PCBUs) and other duty holders on managing risks associated with stevedoring. It applies to all workplaces where stevedoring operations are carried out. Activities covered include the loading and unloading of vessel cargo, stacking and storing on the wharf, as well as receival and delivery of cargo within a terminal or facility.

The Code should be used in conjunction with the model Work Health and Safety (WHS) Act and Regulations and other relevant legislation such as Marine Orders.

The Explanatory Statement for the Code states the following:

‘An approved Code of Practice is admissible in proceedings under the WHS Act as evidence of whether or not a duty or obligation under the WHS Act has been complied with.’

South Australia and Tasmania have previously adopted the code. The Code of Practice can be accessed here. Go back to ‘In this alert’ CTH - Transport Ministers Endorse Updates to Load Restraint Guide and Road Rules

Transport Ministers have recently endorsed updates to load restraint guide and road rules. An improved Load Restraint Guide and a complementary guide specifically for light vehicles will be available from early 2018, following endorsement of the guides by transport ministers.

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Chief Executive of the National Transport Commission, Paul Retter stated that the updated Load Restraint Guide would provide drivers, operators and other participants in the transport chain of responsibility with practical advice on how to safely transport a load. Mr Retter went on to state the following:

‘Given the last edition was published in 2004, it was crucial that we updated the guide to better cover the range of loads, vehicles and restraint equipment in use today. The update will contribute to increased safety and efficiency on our roads…Users of the guide – including drivers, industry and government representatives - have worked with us closely to make the guide easier to follow, with additional diagrams, signposting and icons, and simple, consistent and directive language…We’d like to thank those who assisted us with the process, including those who made a submission during public consultation earlier this year.’

The new guides will be available on the NTC’s website from early next year. This is the first time a version focusing on light vehicles has been available, specifically for vehicles under 4.5 tonnes. Updates to the Australian Road Rules (ARRs) have also been approved by transport ministers. The updated ARRs will:

• improve consistency in rules for pedestrians and cyclists; • clarify when to give change of direction signals; • move load restraint obligations into the law; and • introduce nationally-consistent rules relating to motorcycle lane-filtering and

approved motorcycle helmets, along with other technical amendments. The updates will apply to the Australian Road Rules model law and will need to be adopted by States and Territories within their own laws to take effect. Further information on the updates to the Load Restraint Guide and Road Rules can be accessed here and here. The NTC also published its fifth edition of the National Transport Reform Implementation Monitoring Report, which outlines the progress of national heavy vehicle and rail safety reforms in 2016-17. Go back to ‘In this alert’ CTH - Safe Work Australia Release Video on Work-Related Traumatic Injury Fatalities 2016

Safe Work Australia has recently released a video on the work-related traumatic injury fatalities 2016. The video is hosted by Kris Garred, Director of Evidence at Safe Work Australia, who discusses the Work-related traumatic injury fatalities 2016 report, the statistics within it and the powerful role this data can have on improving safety in Australian workplaces.

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The virtual seminar also highlights some key findings from this report and what they mean for work health and safety in Australia. The video is primarily intended for the organisations and people who influence and implement work health and safety practice in Australia. It will also be of interest to employers, supervisors and workers who work in safety critical industries. The video can be accessed here. Safe Work Australia has also recently released the following videos:

• Managing chemical hazards using the hierarchy of controls;

• How to use personal protective equipment for airborne contaminants in the workplace;

• Managing shift work and workplace fatigue; and

• Asbestos basics for duty holders. Go back to ‘In this alert’ NSW - New World-Class Work Health and Safety Research Centre Opens

A new world-class research centre which will help reduce deaths and serious injuries in NSW workplaces opened on 6 December 2017. The Gosford-based $2.5 million Centre for Work Health and Safety will use the latest data, research and insights to help protect workers across the state. Minister for Better Regulation Matt Kean stated that the ‘Centre’s initial projects would include investigating ways to reduce crane incidents in NSW, a comprehensive work health survey, and creating predictive modelling for future work health and safety challenges.’ Mr Kean went on to state the following:

‘This centre is just one of the ways NSW is leading the nation in smarter, more innovative harm prevention initiatives…Every worker across this state deserves a safe and healthy workplace, and that’s exactly what this centre is about…It will inform policy, identify emerging trends and set priorities for the future through four key streams: insights and analytics, research, science outreach, and business support…With work-related injury and disease costing the Australian community $61.8 billion in a single year, this initiative can also provide a significant return on investment to NSW taxpayers in reduced workers compensation claims and improved productivity…We are doing everything we can to ensure NSW workers are as safe as possible at work, and will continue to push the boundaries to improve workplace injury prevention.’

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The NSW Government committed $2.5 million as part of the 2017-18 budget mid – 2017 to create an Australian first Worth Health and Safety Research Centre aimed to drive down workplace fatalities. Mr Kean stated the following in mid-2017 - that the NSW Centre for Work Health & Safety within SafeWork NSW would be the first of its kind in Australia aimed at translating research into improved work health and safety practices. Mr Kean went on to state the following:

‘The NSW Government is deeply committed to reducing the incidence of workplace injury and illness, and making NSW workplaces the safest in Australia…This new facility will help us meet our ambitious targets of 20 per cent decline in worker fatalities by 2022, and a 30 per cent reduction in the rate of claims for serious injuries and illnesses.’

Mr Kean went on to further state that the research centre:

‘will pull together the latest data and research on work health and safety, which will in turn inform safer business practices and more effective regulation for workplaces across NSW – whether it’s a new approach to harm prevention or a change in operational response,’

The Research Centre’s website can be accessed here; and its current projects can be accessed here. Go back to ‘In this alert’ NSW - Fact Sheet on Heat Stress in Underground Metalliferous Mines

The Resources Regulator branch of the Department of Planning and Environment has recently published a fact sheet on heat stress in underground metalliferous mines. According to the fact sheet, Heat stress occurs when the body’s means of controlling its internal temperature starts to fail. Air temperature, humidity, air flow, work rate, acclimatisation, radiant temperature and clothing (including personal protective equipment) are all factors that can contribute to heat stress. It may not be obvious to underground workers that they are at risk of heat stress. Workers may be exposed to heat stress and other potentially harmful health effects from working in hot and humid conditions underground. The fact sheet contains health risks, risk factors, obligations under WHS legislation and methods to reduce exposure to heat stress. The fact sheet can be accessed here. Go back to ‘In this alert’

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NSW - Builder Fined $75,000 After Worker Suffers Traumatic Brain Injury

A New South Wales builder has been fined $75,000 after a carpenter suffered serious brain injuries when he fell through an unprotected stairwell void, Minister for Better Regulation Matt Kean said. The company pleaded guilty to failing to ensure the safety of workers, specifically by not providing guard rails or suitable cover at a Roseville residential construction site in September 2015. Minister for Better Regulation Matt Kean stated the following regarding the case:

‘The Sydney District Court was told this 67-year-old man sustained a traumatic brain injury, multiple fractures to his skull and face, a punctured lung, a fractured collarbone and minor neck fractures that left him in hospital for two months…Incidents like these are entirely avoidable – yet this poor worker has had to pay a high price for sloppy workplace practices.’

SafeWork’s investigation found the worker had not been provided with information and training about the void, and there were no control measures in place to address the risk. Mr Kean went on to further state the following:

‘It doesn’t matter how well you think you know a site, or your experience, incidents will happen when you get complacent and don’t provide a safe working environment…I recently launched a year-long compliance blitz to crack down on construction businesses that are failing to protect NSW workers from falls from heights due to an increase of incidents like this one…There are no winners in this latest court case but I hope it can serve as a reminder to all employers that the safety of workers must come first so everyone returns home safely to their family each night.’

Go back to ‘In this alert’ NSW - Safety Alert: Uncontrolled Movement of Vehicles

SafeWork NSW has recently issued a safety alert reminding persons working with vehicles of the risks associated with the uncontrolled movement of vehicles. According to SafeWork, each year people suffer serious and fatal injuries in NSW due to incidents involving the uncontrolled movement (roll away) of vehicles, including cars, trucks, buses, vans, forklifts, tractors, mobile cranes etc. In most incidents the operator was not in the driver’s seat at the time of the incident, including:

• in 2015 a courier suffered fatal injuries as a result of being struck by his van when it was parked on an inclined surface;

• in 2015 worker suffered fatal crush injuries as a result of the uncontrolled movement of a concrete agitating truck in which he was operating;

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• in 2016 a bus driver sustained fatal crush injuries from the bus he had been driving and a stationary vehicle when the interlock brake was inadvertently released;

• in 2017 a farm worker sustained crush injuries to the chest and abdomen when the tractor he was maintaining unexpectedly moved forward;

• in 2017 a worker sustained fractures and de-gloving injuries as a result of being crushed between a skip bin transport vehicle and a fixed structure;

• in 2017 a worker sustained permanent injuries as a result of a roll-away vehicle when he crawled under the vehicle to investigate a mechanical fault.

The alerts sets out the following actions required by operators:

• park the vehicle on level ground. Where it is not reasonably practicable to park the vehicle on level ground, be aware of the limitations of the vehicle including the maximum slope of the supporting surface and what to do when parking on a gradient;

• always apply the parking brake when exiting the vehicle; and • chock the wheels of vehicles and trailers before conducting inspection or

maintenance activities. The full alert can be accessed here. Go back to ‘In this alert’ NZ - WorkSafe Issue Working at Heights Warning to Construction Industry

WorkSafe New Zealand has recently issued a warning to the construction industry that it is unacceptable for workers to continue being harmed from the well-known risk of working at height. Lindsay Whyte Painters and Decorators Ltd was recently sentenced in the Oamaru District Court after a worker fell 2.8 metres, from a roof with no edge protection, through a glass table onto concrete in April 2016. Two workers were on the roof and exposed to the risk of fall. WorkSafe’s investigation found that the business had failed to identify the risk of a fall, failed to put any fall protection in place and did not ensure workers were trained and instructed in working at height. WorkSafe’s General Manager of Operations and Specialist Services Brett Murray stated the following:

‘More injuries happen on residential building sites than any other workplace in the construction sector. Even a fall from the roof of a single story can be fatal and controls need to be put in place…The best controls are those that don’t require active judgement by a worker. This includes solutions such as edge protection or scaffolding. If a worker slips or missteps, as we saw in this case, there is a physical barrier between themselves and the ground below’

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Lindsay Whyte Painters and Decorators Ltd was convicted and fined $50,000 and ordered to pay $20,000 reparation to the victim. The maximum penalty was a fine not exceeding $1,500,000. A New Zealand also recently imposed a fine of $90,000, after a near miss incident involving earth movers and electrical wires. Further information can be accessed here. Go back to ‘In this alert’ WA - Dangerous Goods Rail Safety Forum Toolbox Presentation

Following the recent 2017 Dangerous Goods Rail Safety Forum, the event toolbox presentations are now available for industry use. The event program focused on risk management and control of dangerous goods transportation by rail with the aim to improve industry’s understanding of emergency response planning, management and capabilities within Western Australia.

• An operator's perspective - This presentation is based on content presented by Aurizon at the Dangerous Goods Rail Safety Forum in October 2017;

• Dangerous goods - a rail safety perspective - This presentation is based on content presented by National Rail Safe Regulator at the Dangerous Goods Rail Safety Forum in October 2017;

• Explosives and security risk substances - roles and responsibilities - This presentation summarises the roles and responsibilities of specific personnel within the legislative framework that applies to explosives in Western Australia.

• Human safety and risk management - how to consider the people and the systems (2014) - This presentation summarises the human safety and risk management including how to consider the people and the systems involved.

• Petroleum safety and MHFs - what is the state-of-play in WA? (2014) - This presentation summarises the state-of-play in Western Australia for petroleum safety and major hazard facilities?

• Response to dangerous goods rails accidents;

• Risky business - making sense of SFAIRP and Assurance in rail industry;

• Safe transfer of dangerous goods on rail; and

• WA dangerous goods rail transfer observations and an overview of the Julia Creek incident.

Go back to ‘In this alert’

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WA - Natural Hazards Health and Safety Snapshot

The Department of Mines, Industry Regulation and Safety has recently published a Health and Safety Snapshot focusing on natural hazards. The snapshot covers natural hazard incidents for the period from 1 August 2016 to 31 July 2017. According to the snapshot exposure to natural hazards has the potential to cause serious harm. Western Australia is subject to severe weather events such as tropical cyclones, extreme temperatures and severe thunderstorms. In remote areas, bushfires started by lightning can burn for weeks or months, particularly during periods of drought, and may affect mining operations. Serious and fatal injuries can result from inadequate identification, planning and preparation for these hazards. Mines Safety Director Andrew Chaplyn stated that exposure to natural hazards has the potential to cause serious harm. Mr Chaplyn went on to state the following:

‘Western Australia is subject to severe weather events such as tropical cyclones, extreme temperatures and severe thunderstorms…In remote areas, bushfires started by lightning can burn for weeks or months, particularly during periods of drought, and may affect mining operations…Serious and fatal injuries can result from inadequate identification, planning and preparation for these hazards, and local communities can be significantly impacted.’

The snapshot can be accessed here. Go back to ‘In this alert’ In the Courts…

NSW - SafeWork NSW v CRS NSW Pty Ltd; SafeWork NSW v Jay McGeachie Jenkins

New South Wales District Court November 2017 Extract from Judgment and commentary – The link to transcript can be found at the end of summary The New South Wales District Court has recently fined a company, and its Director has been convicted and fined $200,000, after a worker from an adjacent work site was engulfed in a fireball resulting from plant being modified. CRS (NSW) Pty Limited (CRS) pleaded guilty to an offence that as a person who had a health and safety duty pursuant to Section 19 of the Work Health and Safety Act 2011 it failed to comply with that duty and thereby exposed Mr Stuart Pollard to a risk of death or

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serious injury contrary to Section 32 of the Act. The maximum penalty for the offence is a fine of $1,500,000. Mr Jay McGeachie Jenkins pleaded guilty to an offence that as a person who had a health and safety duty under Section 27 of the Work Health and Safety Act 2011, to exercise due diligence to ensure that CRS complied with its duty under s 19(2) of the Work Health and Safety Act 2011, he failed to comply with that duty and the failure to comply with that duty exposed Mr Pollard to a risk of death or serious injury contrary to Section 32 of the Act. The maximum penalty for the offence is a fine of $300,000. Background

CRS (NSW) Pty Limited conducted a business or undertaking which involved the laying of asphalt and bitumen surfaces on driveways, roads and car parks. On 1 July 2015, Mr Jenkins and the Work Crew were using the Autopatch Vehicle to seal the driveway at the Work Site. The Autopatch Vehicle had a main steel feeder delivery line which was being used to spray a cold bitumen emulsion onto the driveway. At around 1.15 pm, Mr Jenkins and the Work Crew commenced the task of sealing the driveway at the Work Site. However, the bitumen emulsion had solidified because it had cooled down and had blocked the lines as a result of the cold weather. Mr Jenkins made a decision to heat a part of the Autopatch Vehicle so the bitumen emulsion would soften and flow out of the lines. To do so Mr Jenkins moved to a location on the driver’s side of the Autopatch Vehicle behind the Vehicle’s cabin. The emulsion tank was located behind the Autopatch Vehicle’s cabin. On the drivers’ side of the Autopatch Vehicle behind the Vehicle’s cabin there were lines, including the main steel feeder delivery line and spray bar lines. There were also a series of tanks, including a pressurised air tank and a pressurised tank that was filled with kerosene. In and around the lines and tanks there were a series of electrical cables and flexible plastic tubing and hoses. The flexible plastic tubing and hoses included compressed air lines and flexible pipes used for the kerosene system. Mr Jenkins used a handheld LPG open flame gas torch that was connected to an LPG gas cylinder to heat a part of the Autopatch Vehicle. While doing so Mr Jenkins was standing on the driver’s side of the Autopatch Vehicle behind the Vehicle’s cabin and in the vicinity of the feeder lines, pressurised tanks, and pressurised flexible hoses. On the same date, Mr Pollard, as part of his employment, was carrying out pool maintenance at a property adjacent to the Work Site. At approximately 1.30 pm, Mr Pollard walked over to Mr Jenkins from the adjacent property. There was some discussion between Mr Jenkins and Mr Pollard which took place on the driver’s side of the Autopatch Vehicle behind the Vehicle’s cabin. Mr Pollard spoke with Mr Jenkins for a few minutes. During the discussion the Autopatch Vehicle was operating, the compressed air lines and flexible pipes used for the kerosene system were pressurised and Mr Jenkins continued

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using the handheld LPG open gas flame gas torch that was connected to a LPG gas cylinder to heat a part of the Autopatch Vehicle. After the discussion had finished Mr Pollard started to walk towards the adjacent property. At this time, there was an explosion and a fireball which came from the Autopatch Vehicle. Mr Jenkins had been heating a part of the Autopatch Vehicle which was proximate to pipelines that contained kerosene and bitumen emulsion. In that same area there were also pressurized air pipelines which had been cleaned with kerosene. The pressurised air pipelines and the flexible pipes used for the kerosene system ruptured. This led to a mixture of kerosene and pressurised air coming into contact with heat from the gas torch flame, causing the explosion and fireball. At the time of the explosion, Mr Pollard was approximately 5 metres away from the rear of the Autopatch Vehicle when he was engulfed by the explosion and fireball. Mr Pollard sustained serious injuries and was admitted to Wagga Wagga Hospital and was then transferred to the Intensive Care Unit at Concord Hospital. Mr Jenkins sustained minor burns as he was standing on the right hand side of the Autopatch Vehicle at the rear of the cabin when the explosion occurred. Mr Pollard was admitted to the Intensive Care Unit at Concord Hospital where he underwent immediate surgery including debridement and split skin grafting. He was placed in an induced coma for approximately two weeks. Mr Pollard sustained burns to 35% of his body, including his face, neck, hands and legs. Modification to the Autopatch Vehicle

CRS made modifications to the Autopatch unit of the Autopatch Vehicle. The water tank was modified to be used as a tank to store kerosene. The tap apparatus was removed and a hose was fitted to the outlet end of the water tank. The modifications were made to the water tank so that kerosene could be used to flush out the emulsion pipelines of the Autopatch Vehicle. This was contrary to the design of the Autopatch Vehicle. The water tank was designed to hold water only. Mr Jenkins had directed that the modifications be made to the Autopatch Vehicle including the use of the water tank to store kerosene. Mr Jenkins failed to undertake a risk assessment of the use of kerosene as a cleaning agent in the operation of the Autopatch Vehicle. Mr Jenkins also did not undertake a risk assessment of the risks associated with the use of the LPG open flame gas torch to heat a part of the Autopatch Vehicle near the pipelines that had been cleaned with kerosene. The risk was the risk to persons other than the CRS workers, including Mr Pollard, of suffering serious injuries or death, as a result of an explosion from the use of an LPG open flame gas torch to heat a part of the Autopatch Vehicle in the vicinity of flammable substances including the tank and pipelines containing kerosene, and/or the pressurised

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air pipelines and/or bitumen emulsion pipelines which had been cleaned with kerosene in the Autopatch Vehicle. Risk Assessment

CRS had a CRS Project/Workplace Risk Assessment for Laying Bitumen dated 2015, which applied to kerosene stored in the water tank. The risk assessment stated to ‘never use flame heating to clear blockages where fire and explosive hazards exist at the location’. Given the warnings in the Risk Assessment and also the Operators Manual, Mr Jenkins should not have been using a gas torch to heat a part of the Autopatch Vehicle in the vicinity of the main steel feeder line, the pressurised pipelines which contained kerosene and the bitumen emulsion, and the pressurised air pipelines that had been cleaned with kerosene, when there was a risk of an explosion. Judgement

NSW District Court Judge David Russell said the incident was not a result of a ‘solitary casual and careless act. Mr Jenkins modified the equipment so that the water tank carried kerosene, he cleaned the hoses out with kerosene not water, and he then used an open flame to heat the equipment, when it already had a built-in safe water heating system. CRS and Mr Jenkins created the risk in the first place.’ despite design and manufacturing recommendations to the contrary. CRS NSW PTY LIMITED was convicted as follows:

• Order the offender to pay a fine of $160,000. • Order that 50% of the fine is to be paid to the prosecutor. • Order the offender to pay the prosecutor’s costs as agreed or assessed.

In relation to Jay Mcgeachie Jenkins was convicted as follows

• Order the offender to pay a fine of $40,000. • Order that 50% of the fine is to be paid to the prosecutor. • Order the offender to pay the prosecutor’s costs as agreed or assessed.

The full transcript of the Court’s Judgment can be found here. Yours Faithfully, Workplace Safety Australia Pty Ltd

Important Note The information contained in this Safety Alert is in general terms only and does not constitute legal advice or other professional advice. The information contained in this safety alert should not be relied upon and is no substitute for seeking legal or other professional advice as appropriate to any facts, circumstances and materials that might be necessary for you to provide to a professional advisor. While all reasonable care is taken in producing Safety Alerts, Workplace Safety Australia, its Consultants, Lawyers and all others involved in providing this Safety alert all expressly disclaim all and any liability for the results of any actions or failure to act taken on the basis of this Safety Alert, and for any error or omission arising there from. The information contained therein does not necessarily reflect the views of the management of Workplace Safety Australia. Should you wish to discuss this further, please contact Workplace Safety Australia on 02 9387 1248 DISCLAIMER PRIVATE AND CONFIDENTIAL

Go back to ‘In this alert’