Other matters

Non-WorkCover employers contributions to the WorkCover Authority Fund (sections 151A – 151F)

WorkSafe must decide the amount of payments into the WorkCover Authority Fund under section 513 of the Workplace Injury Rehabilitation and Compensation Act 2013 by non-WorkCover employers to be put towards the costs that WorkSafe pays for providing OHS and welfare regulation and related education and prevention services.

Section 151A sets out the formula for working out how much non-WorkCover employers need to pay and how often to pay. It also sets out penalties for not paying.

WorkSafe must give instructions about the information that they require from non-WorkCover employers. Section 151B sets out how often non-WorkCover employers have to report to WorkSafe and the penalties for not reporting.

WorkSafe must give notice in writing to non-WorkCover employers if it requires extra information about:

• an activity or OHS and welfare issue
• how it collects, collates, stores and retrieves data on any of its activities.

WorkSafe can also require a non-WorkCover employer to change the way it collects, collates, stores, retrieves or transfers data to allow them to comply with sections 151A, 151B and 151C.

The non-WorkCover employer has 30 days (from when they receive the request) to respond to WorkSafe. There are penalties if they do not give the information to WorkSafe.

Effect of compliance with regulations or compliance codes (section 152)

A person who complies with a regulation or compliance code is taken to have complied with the OHS Act and the regulations as long as the regulation or compliance code applies to a duty under the OHS Act.

Offence to give false or misleading information (section 153)

When a person gives information or a document to WorkSafe, to comply with the OHS Act, a person must not:

• give information that they know to be untrue or misleading
• give any document that they know to be untrue or misleading, unless they show the way that it is untrue or misleading and, if practicable, provide correct information.

It is an offence not to comply with this section and penalties apply.

Protection against self-incrimination (sections 154–155)

A natural person can refuse to give WorkSafe information if giving the information could incriminate them. This protection does not apply to a requirement under the OHS Act or regulations to hand over documents or to give their name or address under section 119 of the OHS Act.

The OHS Act does not allow or require a person to give information that is under client legal privilege or legal professional privilege.

Regulations (section 158)

Regulations can be made for OHS matters as set out in section 158 of the OHS Act.

Where a regulation creates a duty under the OHS Act, a person who complies with that regulation complies with their duty under the OHS Act, so far as the regulation covers that duty.