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218: Further provisions relating to regulations
or “Additional rules for making and applying workplace safety regulations”
You could also call this:

“How the Minister makes changes to key parts of the Health and Safety at Work Act”

When the Minister wants to make changes to certain parts of the Health and Safety at Work Act 2015, they need to follow a special process. This process applies to changing definitions or making exceptions to the rules.

First, the Minister needs to think about the main purpose of the Act, which is explained in section 3. They must keep this purpose in mind when making any changes.

Next, the Minister must be sure that any changes they want to make are not too big. The changes should only be as big as they need to be to fix the problem they’re trying to solve.

This process applies to changes in several areas of the Act. These include:

  • How the Act applies to dangerous equipment
  • Who is considered to be running a business
  • Who is considered to be a worker
  • What it means to supply something
  • What counts as a serious injury or illness that needs to be reported
  • What counts as a serious incident that needs to be reported
  • The duties of people who control workplaces
  • The duties of people who control equipment in workplaces
  • The need to keep accident sites unchanged
  • Making exceptions to the rules
  • Making exceptions for the Armed Forces

By following this process, the Minister makes sure that any changes to these important parts of the Act are carefully considered and don’t go too far.

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Next up: 220: Regulator may grant exemption from compliance with regulations

or “WorkSafe can allow exemptions from some regulations”
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Part 5 Miscellaneous provisions
Regulations, exemptions, approved codes of practice, and safe work instruments: Regulations

219Procedure for making regulations relating to definitions, exclusions, or exemptions

  1. The Minister must, before making a recommendation in relation to a provision referred to in subsection (2),—

  2. have regard to the purpose of this Act set out in section 3; and
    1. be satisfied that the extent to which any definitions are modified, or any requirements are modified, exempted, excluded, or applied (as the case may be) is not broader than is reasonably necessary to address the matters that gave rise to the proposed regulations.

      1. The provisions are—

      2. section 12 (which relates to the application of this Act to prescribed high-risk plant):
        1. section 17 (which defines person conducting a business or undertaking):
          1. section 19 (which defines worker):
            1. section 21 (which defines supply):
              1. section 23 (which defines notifiable injury or illness):
                1. section 24 (which defines notifiable incident):
                  1. section 37 (which relates to the duty of a PCBU who manages or controls a workplace):
                    1. section 38 (which relates to the duty of a PCBU who manages or controls fixtures, fittings, or plant at a workplace):
                      1. section 55 (which relates to the duty to preserve sites):
                        1. section 211(1)(q) (which authorises regulations prescribing exemptions from compliance with regulations):
                          1. section 213 (which authorises regulations relating to exemptions in respect of the Armed Forces).