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Introduction and Links
Introduction and Links

Welcome to the Australian Entertainment Safety Resource Guide

(Last modified 14 November 2017)

HELPING YOUR COMPLIANCE & CONTINUAL IMPROVEMENT:

(a) This guide is continually updated. Each Chapter has the latest revision at the top, and a full table of revisions at the end.

(b) Upon subscribing, we email you a Certificate, showing you are an active subscriber.

(c) In the ACCOUNTS area you can see (and demonstrate) your reading history.

OVERVIEW OF THIS GUIDE:

Safety in the workplace is a model, not a set of rules. Rules can only cover so much and in the entertainment industry we always look for ways to do things differently which would require a constant rewriting of documents and further confusion of workers.

If we replace the ‘rules’ by a range of concepts that highlight a hazard or a risk and a range of solutions to control that risk or hazard than we can cover a much broader area without being too onerous or restrictive. The downside, you’ll have to do some work and apply some thought.

The main purpose of the guide is to bring together all the pieces of information you will need to make a balanced decision how to run a safe workplace. Each workplace is unique, each production is unique, each element within that production is unique for that specific purpose. Sometimes you may find that things done previously can apply for the current job, however there will be times you need to rethink how to approach the subject and how to make it work on all levels.

This guide is not about telling you how to do your job, it is about giving you the information so that you can decide what to do and how to document it.

Legislation will change over time, best practices will change over time, this guide will change over time. We are committed to keeping the information correct and up-to-date as good as possible but we are also human. Mistakes can be made and there will probably be a few in this edition too. We count on you to point out these mistakes so that we can correct them and help each other building a better environment for everyone.

Don’t hold back!

Email us here

0.1 Legislation

Links to legislation by State or Territory:

 

Based on the Model WHS Legislation:

 

Australian Capital Territory (ACT)

Act: Work Health and Safety Act 2011 (ACT)

Regulation: Work Health and Safety Regulation 2011 (ACT)

Codes: ACT Codes of Practice

Regulator: WorkSafe ACT

 

New South Wales (NSW)

Act: Work Health and Safety Act 2011 (NSW)

Regulation: Work Health and Safety Regulation 2011 (NSW)

Codes: NSW Codes of Practice

Regulator: SafeWork NSW

 

Northern Territory (NT)

Act: Work Health and Safety (National Uniform Legislation) Act 2011 (NT)

Regulation: Work Health and Safety (National Uniform Legislation) Regulations (NT)

Codes: NT Codes of Practice

Regulator: NT WorkSafe

 

Queensland (Qld)

Act: Work Health and Safety Act 2011 (Qld)

Regulation: Work Health and Safety Regulation 2011 (Qld)

Codes: Qld Codes of Practice

Regulator: Workplace Health and Safety Queensland

 

South Australia (SA)

Act: Work Health and Safety Act 2012 (SA)

Regulation: Work Health and Safety Regulation 2012 (SA)

Codes: SA Codes of Practice

Regulator: SafeWork SA

 

Tasmania (Tas)

Act: Work Health and Safety Act 2012 (Tas)

Regulation: Work Health and Safety Regulation 2012 (Tas)

Codes: Tas Codes of Practice

Regulator: WorkSafe Tasmania

 

Based on State OH&S

Victoria (Vic)

Act: Occupational Health and Safety Act 2004 (Vic)

Regulation: Occupational Health and Safety Regulations 2007 (Vic)

Codes: Vic Compliance Codes

Regulator: WorkSafe Victoria

 

Western Australia (WA)

Act: Occupational Safety and Health Act 1984 (WA)

Regulation: Occupational Safety and Health Regulations 1996 (WA)

Codes: WA Codes of Practice

Regulator: WorkSafe WA

 

0.2 Code of Practice

Codes of practice are practical guides to achieving the standards of health, safety and welfare required under the Work Health and Safety (WHS) Act and the WHS Regulations in a jurisdiction.

To have legal effect in a jurisdiction a model Code of Practice must be approved as a code of practice in that jurisdiction. To determine if a model Code of Practice has been approved in a particular jurisdiction, check with the relevant work health and safety regulator.

An approved code of practice applies to anyone who has a duty of care in the circumstances described in the code. In most cases, following an approved code of practice would achieve compliance with the health and safety duties in the WHS Act, in relation to the subject matter of the code. Like regulations, codes of practice deal with particular issues and do not cover all hazards or risks which may arise. The health and safety duties require duty holders to consider all risks associated with work, not only those for which regulations and codes of practice exist.

Check for new or updated Codes of Practice regularly:

Safe Work Australia website – http://www.safeworkaustralia.gov.au/sites/swa/model-whs-laws/model-cop/pages/model-cop##model

0.3 Australian Standards

While Australian Standards are certainly useful reference tools for businesses, their status under law can be quite deceiving. Australian Standards are published documents that set out specifications and procedures designed to ensure projects, services and systems are reliable and consistently performed

Australian Standards are a great reference point for businesses but they are not always legally binding. Only if an Australian Standard is incorporated into legislation by government (and some are), then the Standard will become mandatory and legally binding.

Standards are also incorporated into various Codes of Practice, particularly as part of workplace health and safety recommendations. Although these Codes of Practice may not all be binding, they are often referred to by inspectors in recommendations as ‘best practice’.

It is a good idea to be aware of what Australian Standards apply to your business operations to meet your obligations under the WHS Act and Regulation.

Australian Standards are published by SAI Global and must be purchased from the website: http://infostore.saiglobal.com/store/

NOTE: When searching the on-line store, Australian Standards that are mentioned in legislation or Codes of Practice will be labelled like this.

However, to find out where they are referenced is more difficult, the LexConnect and CodeConnect are paid for services.

Standards have other uses too. They can often are referred to in contracts to specify minimum standards that the parties need to achieve, and can be enforced if a party fails to meet them.

A full list of applicable Australian and International Standards can be found in the ‘Australian Standards’ chapter.

REVISION TABLE
First edition 14 November 2017