of a bargaining representative means an appointment of a bargaining representative under paragraph 176(1)(c) or (d) or 177(c); and

of an insolvency practitioner includes a person becoming an insolvency practitioner:

by taking possession or control of property; or

by operation of law.

applying of its own force; or

applying, with or without modifications, because of a law of the Commonwealth, a State or a Territory.

applying of its own force; or

applying, with or without modifications, because of a law of the Commonwealth, a State or a Territory.

a liquidator of the employer; or

(b) an administrator of the employer appointed under the Corporations Act 2001; or

a restructuring practitioner for the employer appointed under that Act; or

a person appointed as a receiver of property of the employer; or

a person who has possession or control of property of the employer for the purpose of enforcing:

a charge; or

a mortgage; or

a lien; or

a pledge; or

(v) a security interest, within the meaning of the Personal Property Securities Act 2009, to which that Act applies, other than a transitional security interest within the meaning of that Act; or

a bankruptcy trustee of the employer.

at the time of the termination, section 119 did not apply to the termination because the employer was a small business employer; and

the employer is bankrupt or in liquidation (other than only because of a members’ voluntary winding up); and

the employer is a small business employer because the employment of one or more employees was terminated; and

those terminations occurred:

on or after the day that is 6 months before the employer became bankrupt or went into liquidation; or

(ii) if there was an insolvency practitioner (the last insolvency practitioner) for the employer on the business day before the employer became bankrupt or went into liquidation—on or after the day that is 6 months before the insolvency practitioner was appointed; or

if, before the last insolvency practitioner was appointed, other insolvency practitioners for the employer were appointed without any intervening business days between any of those appointments—on or after the day that is 6 months before the first of those insolvency practitioners was appointed; or

due to the insolvency of the employer.

provided by Part 2-7A (which deals with regulated labour hire arrangement orders); and

an enterprise agreement; or

a workplace determination; or

(c) a determination under Public Service Act 1999 that applies to a class of APS employees in an Agency (within the meaning of that Act); orsection 24 of the

an instrument made under any other law of the Commonwealth (other than this Act), or of a State or a Territory, that provides for the terms and conditions of employment for a class of national system employees of:

the Commonwealth or a State or Territory; or

an authority of the Commonwealth or of a State or Territory; or

any other instrument relating to the employment of a class of national system employees that:

is made under a law of the Commonwealth (other than this Act) or a State or Territory; and

is prescribed by the regulations.

the FWC approves an enterprise agreement; and

the enterprise agreement will become the host employment instrument covered by a regulated labour hire arrangement order because of section 306EB;

a constitutional corporation; or

the Commonwealth; or

a Commonwealth authority; or

a person, so far as work is performed for the person in connection with constitutional trade or commerce, and the work is of a kind that would ordinarily be performed by:

a flight crew officer; or

a maritime employee; or

a waterside worker; or

(e) a body corporate incorporated in a Territory; or

a person who carries on an activity (whether of a commercial, governmental or other nature) in a Territory in Australia, so far as work is performed for the person in connection with the activity carried on in the Territory; or

a person, so far as work is performed for the person in a Territory in Australia; or

any person in a State that is a referring State because of Division 2A or 2B of Part 1-3.

the person; or

an enterprise carried on by the person; or

a joint venture or common enterprise engaged in by the person and one or more other persons.

an employer supplies or will supply, either directly or indirectly, one or more employees of the employer to perform work for a regulated host; and

a covered employment instrument that applies to the regulated host would apply to the employees if the regulated host were to employ the employees to perform work of that kind; and

the regulated host is not a small business employer.

whether the supply is the result of an agreement, or one or more agreements; or

if there are one or more agreements relating to the supply—whether an agreement is between:

the regulated host and the employer; or

the regulated host and a person other than the employer; or

the employer and a person other than the regulated host; or

any 2 persons who are neither the regulated host nor the employer; or

whether the regulated host and employer are related bodies corporate.

a regulated employee;

an employee of the regulated host;

an employee organisation that is entitled to represent the industrial interests of an employee mentioned in paragraph (a) or (b);

the regulated host.

the involvement of the employer in matters relating to the performance of the work;

the extent to which, in practice, the employer or a person acting on behalf of the employer directs, supervises or controls (or will direct, supervise or control) the regulated employees when they perform the work, including by managing rosters, assigning tasks or reviewing the quality of the work;

the extent to which the regulated employees use or will use systems, plant or structures of the employer to perform the work;

the extent to which either the employer or another person is or will be subject to industry or professional standards or responsibilities in relation to the regulated employees;

the extent to which the work is of a specialist or expert nature.

the pay arrangements that apply to employees of the regulated host (or related bodies corporate of the regulated host) and the regulated employees, including in relation to:

whether the host employment instrument applies only to a particular class or group of employees; and

whether, in practice, the host employment instrument has ever applied to an employee at a classification, job level or grade that would be applicable to the regulated employees; and

the rate of pay that would be payable to the regulated employees if the order were made;

the history of industrial arrangements applying to the regulated host and the employer;

the relationship between the regulated host and the employer, including whether they are related bodies corporate or engaged in a joint venture or common enterprise;

if the performance of the work is or will be wholly or principally for the benefit of a joint venture or common enterprise engaged in by the regulated host and one or more other persons:

the nature of the regulated host’s interests in the joint venture or common enterprise; and

the pay arrangements that apply to employees of any of the other persons engaged in the joint venture or common enterprise (or related bodies corporate of those other persons);

the terms and nature of the arrangement under which the work will be performed, including:

the period for which the arrangement operates or will operate; and

the location of the work being performed or to be performed under the arrangement; and

the industry in which the regulated host and the employer operate; and

the number of employees of the employer performing work, or who are to perform work, for the regulated host under the arrangement;

any other matter the FWC considers relevant.

the regulated host covered by the order; and

the employer covered by the order under this section; and

the regulated employees covered by the order under this section; and

the host employment instrument covered by the order; and

the day the order comes into force, which must be:

if the order is made before 1 November 2024—that day or a later day; or

otherwise—the day the order is made or a later day.

(a) one or more other employers (each of which is an additional employer) that the FWC is satisfied supply or will supply, in the manner referred to in paragraph 306E(1)(a), one or more employees to perform work, for the regulated host, of the kind in relation to which the application was made; and

(b) the employees referred to in paragraph (a) of this subsection (each of whom is an additional regulated employee).

on its own initiative; or

on application by any of the following:

the applicant for the order or any other person who could have applied for the order (see subsection 306E(7));

the employer mentioned in paragraph 306E(1)(a);

an employer that supplies or will supply employees as referred to in paragraph (1)(a) of this section;

a person who is such an employee;

an employee organisation that is entitled to represent the industrial interests of such an employee.

the additional regulated employees;

employee organisations that are entitled to represent the industrial interests of the additional regulated employees;

the additional employers.

any or all of the additional employers; and

additional regulated employees of those employers.

the FWC is satisfied of the matters mentioned in subsection 306E(1) in relation to the additional employer and the additional regulated employees; and

the FWC is satisfied that the covered employment instrument that would apply to the additional regulated employees, as referred to in paragraph 306E(1)(b), is the host employment instrument covered by the order; and

the FWC is satisfied that the performance of the work by the additional regulated employees is not or will not be for the provision of a service, rather than the supply of labour, having regard to the matters in subsection 306E(7A) in relation to the additional employer and the additional regulated employees.

the views (if any) of persons referred to in subsection (3); and

any matters mentioned in subsection 306E(8) in relation to which submissions are made, to the extent the submissions relate to the additional employer and the additional regulated employees.

a regulated labour hire arrangement order is in force; and

(b) the host employment instrument covered by the order ceases to apply to the regulated host covered by the order, or to a class of employees of the regulated host covered by the order, in connection with another covered employment instrument (the new instrument) starting to apply to the regulated host or those employees; and

the new instrument would apply to the regulated employees covered by the order if the regulated host were to employ the employees to perform work of a kind to which the order relates.

the event; and

the effect that the event will have or would have in relation to the order.

approval, by employees, of a covered employment instrument that will, if it comes into operation, become the host employment instrument covered by the order because of section 306EB;

any other approval or making of a covered employment instrument that will, if it comes into operation, become the host employment instrument covered by the order because of section 306EB, other than an approval by the FWC of an enterprise agreement (see subsection (3) of this section).

the approval of the enterprise agreement; and

the effect of the approval in relation to the order.

a regulated labour hire arrangement order that covers a regulated host and one or more employers, and relates to a kind of work, is in force or has been made but is not yet in force; and

(b) one or more other employers (each of which is a new employer) start or will start to supply employees (each of whom is a relevant regulated employee) to perform work of that kind for the regulated host, in a manner referred to in paragraph 306E(1)(a); and

the new employers are not covered by any regulated labour hire arrangement order (whether in force, or made but not yet in force) that covers or will cover the relevant regulated employees in relation to the performance of that work; and

the FWC did not make a determination under subsection 306EA(1) in relation to the new employers and the application for the regulated labour hire arrangement order.

that the application has been made;

the effect of subsection (11) in relation to the application.

decide whether to make an order under this section varying the regulated labour hire arrangement order in accordance with subsection (6) or (7) to cover:

any or all of the new employers; and

relevant regulated employees of those employers; and

take all reasonable steps to make the decision before the time any of those employees start to perform the work referred to in paragraph (1)(b).

if the FWC decides not to make an order under this section—the time the FWC makes that decision; or

if the FWC decides to make an order under this section—the time that order comes into force.

a regulated host is covered by a regulated labour hire arrangement order that is in force or has been made but is not yet in force; and

a tender process is conducted:

by or on behalf of the regulated host; or

for the purposes of a joint venture or common enterprise engaged in by the regulated host and one or more other persons.

one or more employers could become covered by the regulated labour hire arrangement order; and

the employers could be required to pay employees of the employers who perform work for the regulated host, in accordance with this Part, in connection with the work.

that the regulated host is required to make the application;

the effect of subsection 306ED(11) in relation to the application;

that if the FWC decides to vary the order under section 306ED to cover those employers, and the order is in force or comes into force, the employers will be required to pay employees of the employers who perform work for the regulated host, in accordance with this Part, in connection with the work.

the regulated host provides information to the employer under section 306H (which deals with information about the protected rate of pay); and

the employer reasonably relies on the information for the purposes of working out the protected rate of pay for the regulated employee; and

the information is incorrect in a material particular.

the regulated labour hire arrangement order covers the employer because of the operation of subsection 306ED(11); and

the employer pays the regulated employee at less than the protected rate of pay because the employer has not been either:

notified that the regulated host has made an application under subsection 306ED(2) (which deals with certain variation orders); or

for an employer who was a successful tenderer in a tender process—advised under subsection 306EE(2) or (3) (which deal with notifying tenderers) in relation to the regulated labour hire arrangement order.

the employee were an employee other than a casual employee and the host employment instrument covered by the regulated labour hire arrangement order were to apply to the employee; and

the base rate of pay that would be payable to the employee, in the circumstances referred to in paragraph (a), were increased by 25%.

a fair work instrument (other than an instrument made by the FWC under this Part) that applies to the regulated employee; or

a covered employment instrument (other than a fair work instrument) that applies to the regulated employee; or

the regulated employee’s contract of employment;

no determination for the purposes of paragraph 306J(2)(a) (no exemption period) that applies to the employee in respect of the work performed for the regulated host is in force; and

the employee performs, or is to perform, the work for the regulated host during:

if neither subparagraph (ii) nor (iii) applies—a period of no longer than 3 months; or

if a determination in force under section 306J specifies a period as the exemption period for the regulated host, the employer and the work—a period of no longer than the period specified; or

if subparagraph (ii) does not apply and the work commences during a recurring extended exemption period for work of the kind performed by the employee for the regulated host—a period of no longer than the remainder of the extended exemption period, or a period of no longer than 3 months, whichever ends later.

as soon as reasonably practicable; and

in any event, within such a period as would reasonably enable the employer to comply with its obligations under section 306F (protected rate of pay payable to employees if a regulated labour hire arrangement order is in force) in relation to the employees.

providing the employer with the information requested; or

providing information, for each relevant pay period of the employees, setting out the protected rate of pay for each employee for the period.

a regulated labour hire arrangement order is in force that covers a regulated host, an employer and one or more regulated employees of the employer performing work for the regulated host; or

a regulated labour hire arrangement order has been made but is not yet in force that covers a regulated host, an employer and one or more regulated employees of the employer performing work for the regulated host; or

an application for a regulated labour hire arrangement order that would cover a regulated host, an employer and one or more regulated employees of the employer performing work for the regulated host has been made to the FWC under section 306E but has not been finally determined.

there is no exemption period for the purposes of section 306G; or

a specified period of less than 3 months is the exemption period for the purposes of that section; or

a specified period of more than 3 months is the exemption period for the purposes of that section.

a regulated labour hire arrangement order is in force that covers a regulated host, one or more employers and one or more regulated employees performing work for the regulated host; or

a regulated labour hire arrangement order has been made but is not yet in force that covers a regulated host, one or more employers and one or more regulated employees performing work for the regulated host; or

an application for a regulated labour hire arrangement order that would cover a regulated host, one or more employers and one or more regulated employees performing work for the regulated host has been made to the FWC under section 306E but has not been finally determined.

the regulated host, an employer covered by the regulated labour hire arrangement order or a regulated employee covered by the order who is performing or is to perform work for the regulated host; or

an organisation entitled to represent the industrial interests of any of those persons.

whether the purpose of the proposed exemption period or recurring extended exemption period relates to satisfying a seasonal or short-term need for workers; and

the industry in which the work is performed or is to be performed; and

the circumstances of:

the regulated host; and

any relevant employers covered by the regulated labour hire arrangement order; and

the views (if any) of any persons or organisations mentioned in subsection (1); and

for a determination made for the purposes of paragraph 306J(2)(c)—the principle that the longer the period to be specified in the determination, the greater the justification required; and

for a determination that a period is a recurring extended exemption period for a regulated host for a kind of work—the principle that the longer the period to be specified in the determination, and the greater the number of recurrences of that period to be specified, the greater the justification required; and

any other matter the FWC considers relevant.

for a determination under section 306J that there is no exemption period for the purposes of section 306G—the day it is made;

for a determination under section 306J that there is an exemption period of more than, or less than, 3 months for the purposes of section 306G—the day it is made or a later day specified in the determination;

for a determination under section 306K (which deals with recurring extended exemption periods)—the day it is made or a later day specified in the determination.

a regulated labour hire arrangement order is in force that covers a regulated host, an employer and a regulated employee of the employer performing work for the regulated host; or

a regulated labour hire arrangement order has been made but is not yet in force that covers a regulated host, an employer and a regulated employee of the employer performing work for the regulated host; or

an application for a regulated labour hire arrangement order that would cover a regulated host, an employer and a regulated employee of the employer performing work for the regulated host has been made to the FWC under section 306E but has not been finally determined.

how the rate of pay at which the employer must pay the regulated employee in connection with the work is to be worked out; and

that the employer must pay the rate of pay worked out in that way to the regulated employee in connection with the work.

applies to a related body corporate of the regulated host and would apply to a person employed by the related body corporate to perform work of that kind; or

applies to the regulated host and would apply to a person employed by the regulated host to perform work of that kind in circumstances that do not apply in relation to the employee.

it would be unreasonable for the requirement in section 306F, that the employer pay the regulated employee at no less than the protected rate of pay, to apply in connection with that work (including, for example, because the rate would be insufficient or would be excessive); and

there is a covered employment instrument of the kind referred to in paragraph (3)(a) or (b).

the employer;

the regulated host;

the employer to which a covered employment instrument to be specified in the order for the purposes of subsection (3) applies (if not the regulated host);

the employee;

employees to whom the covered employment instrument to be specified in the order for the purposes of subsection (3) applies;

organisations entitled to represent the industrial interests of any of the persons referred to in paragraphs (a) to (e).

whether the host employment instrument covered by the regulated labour hire arrangement order applies only to a particular class or group of employees; and

whether, in practice, the host employment instrument has ever applied to an employee at a classification, job level or grade that would be applicable to the regulated employee; and

the views (if any) of any persons or organisations mentioned in subsection (7);

the rate of pay that would be payable to the regulated employee in connection with the work if the order were made; and

any other matter the FWC considers relevant.

if the order is made before the regulated labour hire arrangement order to which the order relates comes into force:

on the day the regulated labour hire arrangement order comes into force; or

on a later day specified in the alternative protected rate of pay order; or

otherwise—on the day the alternative protected rate of pay order is made, or on a later day specified in the order.

a regulated labour hire arrangement order is in force that covers a regulated host, an employer and work performed by a regulated employee of the employer; and

an alternative protected rate of pay order is made in relation to the regulated labour hire arrangement order;

the alternative protected rate of pay order applies in relation to so much of the work as is performed during the period that the alternative protected rate of pay order is in force; and

during that period, the alternative protected rate of pay order has effect despite section 306F (protected rate of pay payable to employees if a regulated labour hire arrangement order is in force), and despite any provision of the following that provides for a lower rate of pay than that worked out in accordance with the order:

a fair work instrument that applies to the regulated employee;

a covered employment instrument (other than a fair work instrument) that applies to the regulated employee;

the regulated employee’s contract of employment.

a regulated employee’s employment is or is to be terminated; and

the employee is or has been covered by a regulated labour hire arrangement order.

if the employee is covered by subsection (3) in relation to the amount—the applicable rate of pay that results from the operation of this Part; or

in any other case—the applicable rate of pay to which the employee is entitled apart from the operation of this Part.

immediately before the termination of the employment occurs or is to occur, the employee is or will be covered by a regulated labour hire arrangement order in force in relation to work performed by the employee for a regulated host; and

the termination of the employment occurs or is to occur during a period in which the employee is performing work for the regulated host, including a period when the employee is taking paid or unpaid leave, or is absent, in connection with that work and the leave or absence is authorised:

by the employee’s employer; or

by or under a term or condition of the employee’s employment; or

by or under a law of the Commonwealth, a State or a Territory, or an instrument in force under such a law; and

the rate of pay mentioned in paragraph (2)(a) is higher than the rate mentioned in paragraph (2)(b); and

unless the amount is a payment in lieu of notice of termination—the employee has not performed work for any other regulated host in relation to the employee’s employment with the employer.

that the employer is required to pay to the employee (or to a person on the employee’s behalf) in relation to the termination of the employment; and

which relates to an excluded subject matter within the meaning of subsection 30A(1) or 30K(1).

a fair work instrument that applies to the employee; or

a covered employment instrument (other than a fair work instrument) that applies to the employee; or

the employee’s contract of employment.

a regulated labour hire arrangement order is in force that covers a regulated host, an employer and a regulated employee of the employer performing work for the regulated host; or

a regulated labour hire arrangement order has been made but is not yet in force that covers a regulated host, an employer and a regulated employee of the employer performing work for the regulated host.

what the protected rate of pay for a regulated employee is; or

whether a regulated employee has been, or is being, paid less than the protected rate of pay for the employee.

the FWC must first deal with the dispute by means other than arbitration, unless there are exceptional circumstances; and

the FWC may deal with the dispute by arbitration in accordance with section 306Q.

resolving the dispute; or

the FWC dealing with the dispute.

how the rate of pay at which the employer must pay the employee in connection with the work is to be worked out; and

that the employer must pay the rate of pay worked out in that way to the employee in connection with the work.

if the arbitrated protected rate of pay order is made before the regulated labour hire arrangement order to which the order relates comes into force—the day the regulated labour hire arrangement order comes into force; or

otherwise—the day the arbitrated protected rate of pay order is made.

section 306F (protected rate of pay payable to employees if a regulated labour hire arrangement order is in force);

any provision of the following that provides for a lower rate of pay than that worked out in accordance with the order:

a fair work instrument that applies to the employee;

a covered employment instrument (other than a fair work instrument) that applies to the employee;

the employee’s contract of employment.

a fee for making an application to the FWC under that subsection; and

a method for indexing the fee; and

the circumstances in which all or part of the fee may be waived or refunded.

the person is an employer or a regulated host; and

the person, either alone or with one or more other persons:

enters into a scheme; or

begins to carry out a scheme; or

carries out a scheme; and

the person does so for the sole or dominant purpose of preventing the FWC from making a regulated labour hire arrangement order in relation to any person or persons (whether or not those persons are the same persons mentioned in paragraph (b)); and

as a result of that scheme or part of that scheme, the FWC is prevented from making the order.

any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; or

any scheme, plan, proposal, action, course of action or course of conduct, whether unilateral or otherwise.

the person is an employer or a regulated host; and

the person, either alone or with one or more other persons:

enters into a scheme; or

begins to carry out a scheme; or

carries out a scheme; and

the person does so for the sole or dominant purpose of avoiding the application of a regulated labour hire arrangement order that has been made (whether or not the order is yet in force), in relation to any person or persons (whether or not those persons are the same persons mentioned in paragraph (b)); and

as a result of that scheme or part of that scheme, a person avoids the application of the regulated labour hire arrangement order.

any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; or

any scheme, plan, proposal, action, course of action or course of conduct, whether unilateral or otherwise.

the employer is not required to pay a regulated employee at a rate determined under or in accordance with this Part because of the operation of subsection 306G(2) (including as it applies because of subsection 306M(9) or 306Q(8)); and

the employer engages another person to perform the same, or substantially the same, work as that performed by the employee for the regulated host; and

it could reasonably be concluded that the purpose, or one of the purposes, of engaging the other person is to achieve the result that the employer is not required to pay a regulated employee at a rate determined under or in accordance with this Part.

an employer covered by the regulated labour hire arrangement order is not required to pay a regulated employee at a rate determined under or in accordance with this Part because of the operation of subsection 306G(2) (including as it applies because of subsection 306M(9) or 306Q(8)); and

the regulated host enters into an agreement that has the result that another person is to perform the same, or substantially the same, work as that performed by the regulated employee for the regulated host; and

it could reasonably be concluded that the purpose, or one of the purposes, of engaging the other person is to achieve the result that the employer is not required to pay a regulated employee at a rate determined under or in accordance with this Part.

the employer dismisses an employee who performs, or is to perform, work for a regulated host covered by the order; and

the employer engages another person as an independent contractor, under a contract for services, to perform that work, or work of that kind, for the regulated host; and

a result of the employer dismissing the employee and engaging the independent contractor is that the employer is not required to pay a person at a rate determined under or in accordance with this Part; and

it could reasonably be concluded that the employer dismissed the employee and engaged the independent contractor for the purpose, or purposes including the purpose, of achieving that result.

by 1 November 2024; and

at all times on and after that day.

subsection 306F(2) (which deals with the protected rate of pay payable to employees covered by a regulated labour hire arrangement order);

subsection 306H(3) (which deals with the obligations of regulated hosts covered by a regulated labour hire arrangement order);

subsection 306N(3) (which deals with the contravention of alternative protected rate of pay orders);

subsection 306Q(7) (which deals with the contravention of arbitrated protected rate of pay orders);

regulated labour hire arrangement orders (Part 2-7A);

the FWC approves an enterprise agreement; and

a delegates’ rights term in a modern award is taken to be a term of the enterprise agreement because of subsection 205A(2):

the term in the enterprise agreement has no effect; and

the most favourable term of those in the modern awards, as determined by the FWC, is taken to be a term of the enterprise agreement.

unreasonably fail or refuse to deal with the workplace delegate; or

knowingly or recklessly make a false or misleading representation to the workplace delegate; or

unreasonably hinder, obstruct or prevent the exercise of the rights of the workplace delegate under this Act or a fair work instrument.

reasonable communication with those members, and any other persons eligible to be such members, in relation to their industrial interests; and

for the purpose of representing those interests:

reasonable access to the workplace and workplace facilities where the enterprise is being carried on; and

unless the employer of the workplace delegate is a small business employer—reasonable access to paid time, during normal working hours, for the purposes of related training.

the size and nature of the enterprise;

the resources of the employer of the workplace delegate;

the facilities available at the enterprise.

the ILO Convention (No. 111) concerning Discrimination in respect of Employment and Occupation, done at Geneva on 25 June 1958; and

the ILO Convention (No. 190) concerning the elimination of violence and harassment in the world of work, done at Geneva on 21 June 2019.

section 153;

section 172A;

section 195;

section 351.

the matter to which that operation of those provisions relates is not an excluded subject matter for the purposes of:

the State’s referral law mentioned in sections 30H and 30S; and

Divisions 2A and 2B of Part 1-3; and

the referral of that matter by that referral law results in the Parliament of the Commonwealth having sufficient legislative power for those provisions (to the extent of that operation) to have effect.

a civil remedy provision;

a provision of this Act that creates an offence;

a related offence provision.

do an act; or

omit to perform an act.

(a) Crimes Act 1914; orsection 6 of the

(b) a provision of Criminal Code;Part 2.4 of the

in relation to a contravention of a civil remedy provision—see subsection 546A(2); and

in relation to the commission of an offence against subsection 327A(1)—see subsection 327A(7).

subsection 327A(1);

a related offence provision, to the extent that the related offence provision relates to an offence against subsection 327A(1).

(a) the employer is required to pay an amount (a required amount) to, on behalf of, or for the benefit of, an employee under:

this Act; or

a fair work instrument; or

a transitional instrument (as continued in existence by Schedule 3 to the Transitional Act); and

the required amount is not an amount covered by subsection (2); and

the employer engages in conduct; and

the conduct results in a failure to pay the required amount to, on behalf of, or for the benefit of, the employee in full on or before the day when the required amount is due for payment.

a required amount referable to wages earned during the period; and

a required amount referable to paid leave taken during the period.

either of the following apply:

(i) the employee is a national system employee only because of national system employee);section 30C or 30M (which extend the meaning of

(ii) the employer is a national system employer only because of national system employer); andsection 30D or 30N (which extend the meaning of

the amount is:

a contribution payable to a superannuation fund for the benefit of the employee; or

referable to the employee taking a period of long service leave; or

referable to the employee taking a period of paid leave that the employee was entitled to take by reason of being a victim of crime; or

referable to the employee taking a period of paid leave that the employee was entitled to take because the employee attended for service on a jury, or for emergency services duties.

absolute liability applies to paragraphs (1)(a) and (b); and

the fault element for paragraphs (1)(c) and (d) is intention.

for an individual—by a term of imprisonment of not more than 10 years or a fine of not more than the amount determined under subsection (6), or both;

for a body corporate—by a fine of not more than the amount determined under subsection (6).

if the court can determine the underpayment amount for the offence—the greater of 3 times the underpayment amount and whichever of the following applies:

for an individual—5,000 penalty units;

for a body corporate—25,000 penalty units; or

otherwise—the following amount:

for an individual—5,000 penalty units;

for a body corporate—25,000 penalty units.

the required amount mentioned in paragraph (1)(a); and

the amount (including a nil amount) the employer actually paid to, on behalf of, or for the benefit of, the employee on account of the required amount.

(a) a person is found guilty of committing 2 or more offences (the aggregated offences) against subsection (1); and

the aggregated offences arose out of a course of conduct by the person;

refer any conduct that resulted in the failure to the Director of Public Prosecutions or the Australian Federal Police for action in relation to a possible offence against subsection 327A(1); or

enter into a cooperation agreement with the employer that covers any conduct that resulted in the failure.

the power of an inspector to institute or continue civil proceedings in relation to the conduct; or

the power of the Fair Work Ombudsman to accept an enforceable undertaking under section 715 in relation to the conduct; or

the power of an inspector to give a notice under section 716 in relation to the conduct; or

any other power or function of the Fair Work Ombudsman or an inspector that is not mentioned in paragraph (2)(a) or (b) of this section.

subsection 327A(1) (offence for failing to pay amounts as required); or

a related offence provision, to the extent that the related offence provision relates to an offence against subsection 327A(1);

to publish a compliance and enforcement policy, including guidelines relating to the circumstances in which the Fair Work Ombudsman will, or will not:

accept or consider accepting undertakings under section 715; or

enter or consider entering into cooperation agreements under section 717B;

an employee record in relation to an employee that is made under section 535; or

a copy of a pay slip created in relation to an employee.

an employee record in relation to an employee that is made under section 535; or

a copy of a pay slip created in relation to an employee.

an inspector instituting or continuing civil proceedings in relation to the conduct; or

conduct engaged in by any other person from being referred to the Director of Public Prosecutions or the Australian Federal Police for action in relation to a possible offence.

subsection 327A(1) (failing to pay amounts as required);

a related offence provision, to the extent that the offence created by the provision relates to an offence against subsection 327A(1).

whether in the Fair Work Ombudsman’s view the person has made a voluntary, frank and complete disclosure of the conduct, and the nature and level of detail of the disclosure;

whether in the Fair Work Ombudsman’s view the person has cooperated with the Fair Work Ombudsman in relation to the conduct;

the Fair Work Ombudsman’s assessment of the person’s commitment to continued cooperation in relation to the conduct, including by way of providing the Fair Work Ombudsman with comprehensive information to enable the effectiveness of the person’s actions and approach to remedying the effects of the conduct to be assessed;

the nature and gravity of the conduct;

the circumstances in which the conduct occurred;

the person’s history of compliance with this Act;

any other matters prescribed by the regulations.

from the time it is entered into or any later time specified in the agreement; and

until the earliest of the following:

the Fair Work Ombudsman terminates the agreement in accordance with section 717D;

the person withdraws from the agreement in accordance with section 717E;

the expiry date (if any) specified in the agreement.

the person has contravened a term of the agreement;

the person has, in relation to the agreement, given information or produced a document to the Fair Work Ombudsman, an inspector, or a person referred to in subsection 712AA(2) that:

is false or misleading; or

for information—omits any matter or thing without which the information is misleading;

any other ground prescribed by the regulations.

an order directing the person to comply with a term of the cooperation agreement, or to give or produce correct and complete information or documents;

an order awarding compensation for loss that a person has suffered because of matters constituting the ground for terminating the agreement;

any other order that the court considers appropriate.

the power of the Fair Work Ombudsman to accept an enforceable undertaking under section 715 in relation to the conduct; or

the power of an inspector to give a notice under section 716 in relation to the conduct; or

any other power or function of the Fair Work Ombudsman or an inspector that is not mentioned in subsection 717A(1).

an enforceable undertaking has no effect to the extent that it is inconsistent with a cooperation agreement; and

a compliance notice has no effect to the extent that an action specified in the notice is inconsistent with a cooperation agreement.

subsection 327A(1) (offence for failing to pay amounts as required); or

a related offence provision, to the extent that the related offence provision relates to an offence against subsection 327A(1).

the Commonwealth;

a State;

the Australian Capital Territory;

the Northern Territory.

that the conduct was engaged in by an official of the government; and

that the official had that state of mind.

subsection 327A(1) (offence for failing to pay amounts as required) of this Act; or

a related offence provision, to the extent that the related offence provision relates to an offence against subsection 327A(1) of this Act;

(a) as if sections 12.4 and 12.5 of the Criminal Code were omitted; and

with the following modifications:

the modifications set out in the following table (subject to subparagraph (iii));

such other modifications as are made necessary by the fact that criminal liability is being imposed on a body politic rather than a body corporate (subject to subparagraph (iii));

any modifications prescribed by the regulations.

an Australian government in relation to a contravention of a civil remedy provision of this Act; or

the Commonwealth for an offence against:

subsection 327A(1) (offence for failing to pay amounts as required); or

a related offence provision, to the extent that the related offence provision relates to an offence against subsection 327A(1);

if paragraph (1)(a) applies—the Australian government as the respondent in the proceedings; or

if paragraph (1)(b) applies—the Commonwealth as the accused in the proceedings;

if paragraph (1)(a) applies—the person bringing the proceedings;

if paragraph (1)(b) applies—the person prosecuting the offence.

for a contravention of a civil remedy provision by an Australian government—the agency of that government whose officer, employee or agent engaged in conduct constituting the contravention; or

for the commission of an offence by the Commonwealth—the agency of the Commonwealth whose officer, employee or agent engaged in conduct constituting a physical element of the offence; or

if the agency referred to in paragraph (a) or (b) has ceased to exist—the agency of the Australian government or the Commonwealth (as the case requires) that is the successor of that agency; or

if there is no responsible agency under whichever of paragraph (a) or (b) applies, or paragraph (c)—the agency of the Australian government or the Commonwealth (as the case requires) that the court declares to be the responsible agency.

an Australian government in relation to a contravention of a civil remedy provision; and

the Commonwealth in relation to the commission of an offence;

the Commonwealth contravenes a civil remedy provision and a court makes a pecuniary penalty order that the Commonwealth pay all or part of a pecuniary penalty to itself; or

the Commonwealth is given an infringement notice under the regulations in relation to an alleged contravention of a civil remedy provision; or

the Commonwealth is convicted of an offence against either of the following provisions and the court imposes a pecuniary penalty on the Commonwealth in respect of the offence:

subsection 327A(1) (offence for failing to pay amounts as required);

a related offence provision, to the extent that the related offence provision relates to an offence against subsection 327A(1).

(ab) an indictable offence against the Fair Work Act 2009;

whether or not the official is a permit holder; and

for the purposes of sections 499 to 502—if the official is not a permit holder, as if the official were a permit holder; and

as if giving the assistance to the health and safety representative were authorised by this Part, or were the exercise of rights under this Part (as the case requires); and

for the purposes of section 504—as if that section prohibited the use of information or a document obtained in giving the assistance other than for a purpose related to the exercise or performance of the powers or functions of the health and safety representative (subject to the exceptions set out in that section).

the termination of the employee;

any other termination covered by that section as amended that caused the employer to become a small business employer.

conduct engaged in; or

a scheme that is entered into, begun to be carried out or carried out;

is made before 1 July 2024; and

is to be in operation on that day.

before 1 July 2024, the employer concerned asks the employees to approve the agreement by voting for it; and

by that vote, the employees approve the agreement; and

the FWC approves the agreement.

organising the industrial action;

threatening to engage in the industrial action;

threatening to organise the industrial action;

engaging in any other conduct in relation to the industrial action.

fostering collaboration between:

persons and bodies involved in the regulation, management and control of asbestos safety and silica safety; and

persons and bodies involved in dealing with issues related to asbestos-related diseases and silica-related diseases; and

supporting and monitoring the implementation of the National Strategic Plans by the Commonwealth and State, Territory and local governments; and

promoting national consistency in relation to asbestos safety, asbestos-related diseases, silica safety and silica-related diseases; and

improving the state of knowledge and awareness of issues relating to asbestos safety, asbestos-related diseases, silica safety and silica-related diseases.

aims:

to eliminate asbestos-related diseases in Australia by preventing exposure to asbestos fibres; and

to support workers and others who are affected by asbestos-related diseases; and

represents a commitment to implement an agreed set of strategic actions and national targets focussing on:

identifying asbestos and preventing exposure risks, including through prioritised safe removal and effective waste management; and

improving awareness of asbestos safety and asbestos-related diseases; and

improving research and national data in relation to asbestos safety and asbestos-related diseases; and

facilitating international collaboration in relation to asbestos safety and asbestos-related diseases; and

any other relevant priorities.

aims:

to eliminate silica-related diseases in Australia by preventing exposure to respirable crystalline silica; and

to support workers and others who are affected by silica-related diseases; and

represents a commitment to implement an agreed set of strategic actions and national targets focussing on:

eliminating or minimising exposure to respirable crystalline silica in workplaces; and

improving awareness of silica safety and silica-related diseases; and

improving research and national data in relation to silica safety and silica-related diseases; and

facilitating international collaboration in relation to silica safety and silica-related diseases; and

any other relevant priorities.

to encourage, coordinate, monitor and report on the implementation of the National Strategic Plans;

to review, amend or replace, publish and promote the National Strategic Plans;

to provide advice to the Minister about asbestos safety, asbestos-related diseases, silica safety and silica-related diseases;

to collaborate with Commonwealth, State, Territory, local and other governments, agencies or bodies (including international governments, agencies and bodies) about:

the development, implementation, review and amendment of the National Strategic Plans; and

asbestos safety, asbestos-related diseases, silica safety and silica-related diseases;

to conduct, commission, monitor and promote research about asbestos safety, asbestos-related diseases, silica safety and silica-related diseases;

to raise awareness of asbestos safety, asbestos-related diseases, silica safety and silica-related diseases, including by developing and promoting materials on asbestos safety, asbestos-related diseases, silica safety and silica-related diseases;

to collect and analyse data required for measuring progress on preventing exposure to asbestos fibres, or respirable crystalline silica, and for informing evidence-based policies and strategies;

to promote consistent messages, policies and practices in relation to asbestos safety, asbestos-related diseases, silica safety and silica-related diseases;

such other functions as are conferred on the Agency by or under this Act, the rules or any other law of the Commonwealth;

to do anything incidental or conducive to the performance of any of the above functions.

the Minister who administers this Act;

(b) the Minister who administers the National Health Act 1953;

(c) the Minister who administers the Environment Protection and Biodiversity Conservation Act 1999;

each State or Territory Minister who is responsible, or principally responsible, for matters relating to work health and safety in the State or Territory;

each State or Territory Minister who is responsible, or principally responsible, for matters relating to health in the State or Territory;

each State or Territory Minister who is responsible, or principally responsible, for matters relating to the protection of the environment in the State or Territory.

the Minister who administers this Act;

(b) the Minister who administers the National Health Act 1953;

each State or Territory Minister who is responsible, or principally responsible, for matters relating to work health and safety in the State or Territory;

each State or Territory Minister who is responsible, or principally responsible, for matters relating to health in the State or Territory.

the CEO believes on reasonable grounds that the person has information that is relevant to the performance of any of the functions of the Agency referred to in paragraphs 8(1)(a), (b) and (g); and

the CEO is satisfied that the information:

is necessary for the performance of that function; and

is not otherwise available to the CEO.

a law of the Commonwealth (other than this Act); or

a law of a State or Territory.

1 member who has expertise relevant to asbestos safety, asbestos-related diseases, silica safety or silica-related diseases; and

the person has knowledge or experience in one or more of the following:

asbestos safety;

public health issues relating to asbestos;

asbestos-related diseases;

the representation of, or the provision of support to, persons with asbestos-related diseases and their families;

silica safety;

silica-related diseases;

the representation of, or the provision of support to, persons with silica-related diseases and their families;

financial management;

corporate governance; or

the person:

has, or has had, an asbestos-related disease; or

has lived experience as a family member, carer or advocate in providing support to a person who has, or has had, an asbestos-related disease; or

has, or has had, a silica-related disease; or

has lived experience as a family member, carer or advocate in providing support to a person who has, or has had, a silica-related disease.

start 5 years after the commencement of this section; and

be completed within 6 months.

relate to progress made by the Commonwealth and State and Territory governments in implementing the Asbestos National Strategic Plan during the period beginning on 1 January 2024 and ending at the end of 30 June 2024; and

be prepared before the end of 31 December 2024.

(a) relate to progress made by the Commonwealth and State and Territory governments in implementing the Asbestos National Strategic Plan during the period (the first reporting period) beginning on 1 January 2024 and ending at the end of the financial year that includes the commencement day; and

be prepared before the end of 31 December in the financial year beginning after the end of the first reporting period.

instead of relating to the matters referred to in that subsection, include information relating to:

the matters covered by the Silica National Strategic Plan; and

(ii) the activities undertaken by the Commonwealth and State and Territory governments in relation to the implementation of the Silica National Strategic Plan during the period (the first reporting period) beginning on the Silica Plan agreement day and ending at the end of the first financial year; and

any other matter the Agency considers relevant; and

be prepared before the end of 31 December in the financial year beginning after the end of the first reporting period.

(a) relate to progress made by the Commonwealth and State and Territory governments in implementing the Silica National Strategic Plan during the period (the first reporting period) beginning on the Silica Plan agreement day and ending at the end of the next financial year after the first financial year; and

be prepared before the end of 31 December in the financial year beginning after the end of the first reporting period.

on the terms and conditions that applied to the person immediately before the commencement day; and

for the balance of the person’s term of appointment that remained immediately before the commencement day.

on the terms and conditions that applied to the person immediately before the commencement day; and

for the balance of the person’s term of appointment that remained immediately before the commencement day.

an employee has been diagnosed by a legally qualified medical practitioner or psychologist as suffering, or having suffered, from post-traumatic stress disorder in accordance with the diagnostic criteria in:

(i) the Diagnostic and Statistical Manual of Mental Disorders, fifth edition text revision (DSM-5-TR), published by the American Psychiatric Association in 2022; or

(ii) if a later edition of the Diagnostic and Statistical Manual of Mental Disorders is specified by the Minister by legislative instrument—that later edition of the Manual; and

at any time before symptoms of post-traumatic stress disorder became apparent, the employee:

was employed as a first responder in accordance with subsection (13); or

was a member of a class of employees declared by the Minister, by legislative instrument made under subsection (13A), to be a class to which this subparagraph applies;

(a) was the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police or an AFP employee (all within the meaning of the Australian Federal Police Act 1979); or

was employed as a firefighter; or

was employed as an ambulance officer (including as a paramedic); or

was employed as an emergency services communications operator; or

(e) was a member of an emergency service (within the meaning of the Emergencies Act 2004 (ACT)); or

was the Australian Border Force Commissioner; or

was an APS employee in the Australian Border Force.

the document prepared by Comcare in accordance with the Minister and is for the time being in force; orsection 57A, titled “Guide for Arranging Rehabilitation Assessments and Requiring Examinations”, that has been approved by

if an instrument varying that document has been approved by the Minister—that document as so varied.

provide that, for the purposes of a rehabilitation assessment or examination of an employee:

information in relation to the employee should be sought from the employee’s treating practitioner; and

the employee’s treating practitioner and the information (if any) provided by the treating practitioner should be relied on as much as possible before a referral is made to an independent medical practitioner, or other qualified person, in relation to the employee; and

specify the circumstances in which it is appropriate to require an employee to undergo a rehabilitation assessment or examination; and

specify limitations on the frequency and number of rehabilitation assessments or examinations that an employee may be required to undergo; and

specify the qualifications of the person or, if required under section 36, the panel of persons who may conduct a rehabilitation assessment or an examination of an employee; and

require the rehabilitation authority or the relevant authority (as the case requires) to seek, and take into account, the views of an employee, who is required to undergo a rehabilitation assessment or examination, about the selection of the person or, if required under section 36, the panel of persons who are to conduct the rehabilitation assessment or examination; and

require that an employee who is required to undergo a rehabilitation assessment or examination be given a notice of the employee’s rights relating to the rehabilitation assessment or examination.

(a) a rehabilitation assessment of an employee that is arranged under subsection 36(1) of the Safety, Rehabilitation and Compensation Act 1988, if the assessment is conducted after the commencement of this Part (regardless of when the employee sustained the relevant injury, or when the assessment was arranged); and

(b) an examination that an employee is required to undergo under subsection 36(3) or 57(1) of the Safety, Rehabilitation and Compensation Act 1988, if the examination is conducted after the commencement of this Part (regardless of when the employee sustained the relevant injury, or when the requirement to undergo the examination was made).

the person is:

a person conducting a business or undertaking; or

an officer of a person conducting a business or undertaking; and

the person has a health and safety duty; and

the person intentionally engages in conduct; and

the conduct breaches the health and safety duty; and

the conduct causes the death of an individual; and

the person was reckless, or negligent, as to whether the conduct would cause the death of an individual.

In the case of an offence committed by an individual—25 years imprisonment.

In the case of an offence committed by a body corporate—$18,000,000.

is not satisfied that the person is guilty of the prosecuted offence; and

(b) is satisfied that the person is guilty of an offence (the alternative offence) that is a Category 1 offence or a Category 2 offence;

the person, without reasonable excuse, engages in conduct that:

exposes an individual to whom the duty is owed to a risk of death or serious injury or illness; or

if the person is an officer of a person conducting a business or undertaking—exposes an individual, to whom the person conducting a business or undertaking owes a health and safety duty, to a risk of death or serious injury or illness; and

the body corporate’s board of directors; or

one or more authorised persons for the body corporate; or

one or more persons acting at the direction of or with the express or implied agreement or consent of:

an authorised person for the body corporate; or

the body corporate’s board of directors.

the body corporate’s board of directors:

engaged in the conduct constituting the offence and had that state of mind in relation to the physical element of the offence; or

expressly, tacitly or impliedly authorised or permitted the conduct constituting the offence; or

an authorised person for the body corporate:

engaged in the conduct constituting the offence and had that state of mind in relation to the physical element of the offence; or

expressly, tacitly or impliedly authorised or permitted the conduct constituting the offence; or

a corporate culture existed within the body corporate that directed, encouraged, tolerated or led to the conduct constituting the offence.

paragraphs (1)(b) and (c) do not apply if the body corporate proves it took reasonable precautions to prevent the conduct constituting the offence; and

subparagraph (1)(b)(ii) does not apply if the body corporate proves it took reasonable precautions to prevent the authorised person authorising or permitting the conduct constituting the offence.

whether authority or permission to engage in the conduct constituting an offence, of the same or a similar character, had previously been given by a corporate officer of the body corporate; and

whether the person who engaged in the conduct constituting the offence believed on reasonable grounds, or had a reasonable expectation, that a corporate officer of the body corporate would have authorised or permitted the conduct.

negligence is a fault element in relation to a physical element of an offence; and

no individual employee, agent or officer of the body corporate has that fault element;

inadequate management, control or supervision of the conduct of one or more of the body corporate’s employees, agents or officers; or

failure to provide adequate systems for conveying relevant information to relevant persons in the body corporate.

the employee, agent or officer of the body corporate who engaged in the conduct constituting the offence was under a mistaken but reasonable belief about facts that, had they existed, would have meant the conduct would not have constituted the offence; and

the body corporate proves it took reasonable precautions to prevent the conduct.

inadequate management, control or supervision of the conduct of one or more of the body corporate’s employees, agents or officers; or

failure to provide adequate systems for conveying relevant information to relevant persons in the body corporate.

if the entity is the Commonwealth—an officer of the Commonwealth within the meaning of section 247; or

if the entity is a public authority—an officer of the public authority within the meaning of section 252; or

in Division 5 of Part 13, if the entity is an agency of the Commonwealth—an officer of the agency within the meaning of section 245; or

(d) if paragraphs (a), (b) and (c) of this definition do not apply—an officer of the entity Corporations Act 2001 other than, if the entity is a partnership, a partner in the partnership;within the meaning of section 9 of the

the executive of an agency of the Commonwealth; or

one or more authorised persons for the Commonwealth; or

one or more persons acting at the direction of or with the express or implied agreement or consent of:

an authorised person for the Commonwealth; or

the executive of an agency of the Commonwealth.

the executive of an agency of the Commonwealth:

engaged in the conduct constituting the offence and had that state of mind in relation to the physical element of the offence; or

expressly, tacitly or impliedly authorised or permitted the conduct constituting the offence; or

an authorised person for the Commonwealth:

engaged in the conduct constituting the offence and had that state of mind in relation to the physical element of the offence; or

expressly, tacitly or impliedly authorised or permitted the conduct constituting the offence; or

a corporate culture existed within an agency of the Commonwealth that directed, encouraged, tolerated or led to the conduct constituting the offence.

paragraphs (1)(b) and (c) do not apply if the Commonwealth proves it took reasonable precautions to prevent the conduct constituting the offence; and

subparagraph (1)(b)(ii) does not apply if the Commonwealth proves it took reasonable precautions to prevent the authorised person authorising or permitting the conduct constituting the offence.

whether authority or permission to engage in the conduct constituting an offence, of the same or a similar character, had previously been given by an officer of the agency; and

(b) whether the person who engaged in the conduct constituting the offence believed on reasonable grounds, or had a reasonable expectation, that an officer of the agency would have authorised or permitted the conduct.

negligence is a fault element in relation to a physical element of an offence; and

no individual employee, agent or officer of the Commonwealth has that fault element;

inadequate management, control or supervision of the conduct of one or more employees, agents or officers of the Commonwealth; or

failure to provide adequate systems for conveying relevant information to relevant persons in the Commonwealth.

the employee, agent or officer of the Commonwealth who engaged in the conduct constituting the offence was under a mistaken but reasonable belief about facts that, had they existed, would have meant the conduct would not have constituted the offence; and

the Commonwealth proves it took reasonable precautions to prevent the conduct.

inadequate management, control or supervision of the conduct of one or more employees, agents or officers of the Commonwealth; or

failure to provide adequate systems for conveying relevant information to relevant persons in the Commonwealth.

each reference in that Division to an officer of a body corporate is taken to be a reference to an officer of the public authority (within the meaning of section 252); and

the references in paragraphs 244B(3)(a) and (b) to a corporate officer of the body corporate are taken to be references to an officer of the public authority (within the meaning of section 252).

In the case of an individual—the category 1 monetary penalty or 15 years imprisonment or both.

In the case of a body corporate—the category 1 monetary penalty.

In the case of an individual—the tier B monetary penalty or imprisonment for 2 years or both.

In the case of a body corporate—the tier B monetary penalty.

prescribe any of the following as the penalty for an offence under the regulations:

a tier E monetary penalty;

a tier F monetary penalty;

a tier G monetary penalty;

a tier H monetary penalty;

a tier I monetary penalty; or

less than $10,000 and not a multiple of $100:

the amount must be rounded to the nearest $100; and

an amount of $50 is rounded down; or

more than $10,000 and not a multiple of $1,000:

the amount must be rounded to the nearest $1,000; and

an amount of $500 is rounded down.

(a) to give advice, and make recommendations, to the Minister about the needs of persons affected, directly or indirectly, by serious work-related incidents;

to give advice to Comcare about, and contribute to the development and review of, Comcare’s policies, practices and strategies for liaising with, and providing information to, persons affected, directly or indirectly, by serious work-related incidents that arise out of the conduct of a business or undertaking by the Commonwealth, a public authority or a non-Commonwealth licensee;

(c) to give advice to the Australian Maritime Safety Authority about, and contribute to the development and review of, the Authority’s policies, practices and strategies for liaising with, and providing information to, persons affected, directly or indirectly, by serious work-related incidents that arise on a prescribed ship (within the meaning of the Occupational Health and Safety (Maritime Industry) Act 1993) or a prescribed unit (within the meaning of that Act) that is engaged in trade or commerce of the kind referred to in subsection 6(1) of that Act;

to give advice to the National Offshore Petroleum Safety and Environmental Management Authority about, and contribute to the development and review of, the Authority’s policies, practices and strategies for liaising with, and providing information to, persons affected, directly or indirectly, by serious work-related incidents that arise:

(i) at a facility (within the meaning of Schedule 3 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006) located in Commonwealth waters (within the meaning of that Schedule); or

(ii) out of the conduct of a business or undertaking in the Commonwealth offshore area (within the meaning of the Offshore Electricity Infrastructure Act 2021);

such other functions as are prescribed by the regulations.

2 Co-Chairs;

at least 3 other members.

the person has, or has had, a serious injury or illness that arose out of the conduct of a business or undertaking; or

the person has lived experience as family member or carer of another person who:

has died, if the person’s death arose out of the conduct of a business or undertaking; or

has, or has had, a serious injury or illness that arose out of the conduct of a business or undertaking; or

the person has been affected, directly or indirectly, by a serious work-related incident suffered by another person.

is entitled to payment of travel allowance prescribed by the regulations for the purposes of this paragraph; and

must comply with any requirements prescribed by the regulations for the purposes of this paragraph.

during a vacancy in the office of the first Co-Chair (whether or not an appointment has previously been made to the office); or

during any period, or during all periods, when the first Co-Chair:

is absent from duty or from Australia; or

is, for any reason, unable to perform the duties of the office.

during a vacancy in the office of the second Co-Chair (whether or not an appointment has previously been made to the office); or

during any period, or during all periods, when the second Co-Chair:

is absent from duty or from Australia; or

is, for any reason, unable to perform the duties of the office.

during a vacancy in the office of an Advisory Committee member (other than a Co-Chair) (whether or not an appointment has previously been made to the office); or

during any period, or during all periods, when an Advisory Committee member (other than a Co-Chair):

is absent from duty or from Australia; or

is, for any reason, unable to perform the duties of the office.

for misbehaviour; or

if the Advisory Committee member is unable to perform the duties of the office because of physical or mental incapacity.

the Advisory Committee member:

becomes bankrupt; or

applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

compounds with the member’s creditors; or

makes an assignment of the member’s remuneration for the benefit of the member’s creditors; or

the Advisory Committee member fails, without reasonable excuse, to comply with clause 3K or 3L (which deal with disclosure of interests).

convening meetings;

the number of Advisory Committee members who are to constitute a quorum at a meeting;

the selection of an Advisory Committee member to preside at a meeting in the absence of a Co-Chair;

the manner in which questions arising at a meeting are to be decided;

inviting persons with appropriate expertise or technical knowledge to attend meetings;

keeping minutes of meetings.

without meeting, a majority of Advisory Committee members indicate agreement with the resolution in accordance with the method determined by the Advisory Committee under subclause (3); and

all Advisory Committee members were informed of the proposed resolution, or reasonable efforts had been made to inform all Advisory Committee members of the proposed resolution.

determines that it applies; and

determines the method by which Advisory Committee members are to indicate agreement with resolutions.