Version No. 002
Equipment (Public Safety) (Incident
Notification) Regulations 1997
S.R. No. 24/1997
Version as at 20 March 2007
TABLE OF PROVISIONS
Regulation
1.
Objectives
2.
Authorising provision
3.
Commencement
4.
Definitions
5.
Notice of Incident
6.
Notice of dangerous occurrence
7.
Incident Records
8.
Preservation of site
9.
Duties of supplier of prescribed equipment for hire or lease
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SCHEDULE
Page
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2
3
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4
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ENDNOTES
6
1. General Information
6
2. Table of Amendments
7
3. Explanatory Details
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Version No. 002
Equipment (Public Safety) (Incident
Notification) Regulations 1997
S.R. No. 24/1997
Version as at 20 March 2007
1. Objectives
The objectives of these Regulations are to—
(a) specify notifiable incidents; and
(b) prescribe procedures relating to notifiable
incidents involving prescribed equipment—
for the purposes of identifying whether
preventative action is necessary following an
incident occurring at an equipment site.
2. Authorising provision
These Regulations are made under section 36 of
the Equipment (Public Safety) Act 1994.
3. Commencement
These Regulations come into operation on
14 April 1997.
4. Definitions
In these Regulations—
"incident" means an accident or dangerous
occurrence;
"medical treatment" means treatment by a
registered medical practitioner within the
meaning of the Medical Practice Act 1994;
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"prescribed equipment" means any equipment
declared to be prescribed equipment under
the Equipment (Public Safety) (General)
Regulations 19951.
5. Notice of Incident
A person who is in charge of prescribed
equipment at an equipment site must notify the
Authority immediately after the person becomes
aware of an incident involving the equipment
which results in—
(a) the death of any person; or
(b) a person requiring medical treatment within
48 hours of exposure to a substance; or
(c) a person requiring immediate treatment as an
in-patient in a hospital; or
(d) a person requiring immediate medical
treatment for—
(i) the amputation of any part of his or her
body; or
(ii) a serious head injury; or
(iii) a serious eye injury; or
(iv) the separation of his or her skin from
underlying tissue (such as degloving or
scalping); or
(v) electric shock; or
(vi) a spinal injury; or
(vii) the loss of a bodily function; or
(viii) serious lacerations.
Penalty: In the case of a body corporate—
400 penalty units.
In any other case100 penalty units.
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6. Notice of dangerous occurrence
A person who is in charge of prescribed
equipment at an equipment site must notify the
Authority immediately after the person becomes
aware of an incident involving the equipment
which exposed a person in the immediate vicinity
of the equipment to an immediate risk to the
person's health and safety through—
(a) the collapse, overturning, failure or
malfunction of, or damage to, any item of
plant listed in item 2 of Schedule 2 of the
Occupational Health and Safety (Plant)
Regulations 19952; or
(b) an implosion, explosion or fire.
Penalty: In the case of a body corporate—
400 penalty units.
In any other case100 penalty units.
7. Incident Records
(1) In addition to the notification required by
regulations 5 and 6, a person to whom those
regulations apply must provide a written record of
the incident to the Authority within 48 hours of
being required to comply with regulations 5 and 6.
(2) The record must include the information listed in
the Schedule.
Penalty: In the case of a body corporate—
400 penalty units.
In any other case100 penalty units.
8. Preservation of site
(1) If an incident involving prescribed equipment at
an equipment site results in the death of any
person, the person who is in charge of the
equipment must ensure the site of the incident is
not disturbed until—
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(a) an inspector arrives at the site of the
incident; or
(b) an inspector directs otherwise at the time of
notification.
(2) Sub-regulation (1) does not apply if the
disturbance to the site is for the purpose of—
(a) protecting the health and safety of any
person; or
(b) aiding an injured person involved in an
incident; or
(c) taking essential action to make the scene safe
or to prevent a further occurrence of an
incident.
Penalty: In the case of a body corporate—
400 penalty units.
In any other case100 penalty units.
9. Duties of supplier of prescribed equipment for hire
or lease
A supplier who hires or leases prescribed
equipment must take all reasonable steps to ensure
that the requirements of regulations 5, 6, 7 and 8
are brought to the attention of the person who is
hiring or leasing the equipment, at the time of hire
or lease.
Penalty: In the case of a body corporate—
400 penalty units.
In any other case100 penalty units.
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Equipment (Public Safety) (Incident Notification) Regulations 1997
S.R. No. 24/1997
SCHEDULE
(REGULATION 7)
The following information* must be submitted in writing to the Authority—
1. name of person/organisation required to notify the Authority under
these Regulations;
2. business address of person/organisation required to notify;
3. details of deceased/injured person(s)[if any]—name, date of birth, sex,
residential address and telephone number, occupation/job title (if
applicable);
4. time and date of incident;
5. place/location where incident occurred;
6. work/activity being undertaken at time of incident;
7. brief description of incident;
8. person(s) who saw incident or first came on scene;
9. action taken/intended, if any, to prevent recurrence of incident;
10. name/position title/telephone number of person submitting these
details and date of submitting details.
* information to the extent that it is known at the time of writing.
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Equipment (Public Safety) (Incident Notification) Regulations 1997
Endnotes
S.R. No. 24/1997
ENDNOTES
1. General Information
The Equipment (Public Safety) (Incident Notification) Regulations 1997,
S.R. No. 24/1997 were made on 2 April 1997 by the Governor in Council
under section 36 of the Equipment (Public Safety) Act 1994, No. 21/1994
and came into operation on 14 April 1997: reg. 3.
The Equipment (Public Safety) (Incident Notification) Regulations 1997 will
sunset on 1 April 2008: see the Subordinate Legislation (Equipment (Public
Safety) (Incident Notification) Regulations 1997 - Extension of Operation)
Regulations 2007, S.R. No. 13/2007.
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2. Table of Amendments
There are no amendments made to the Equipment (Public Safety) (Incident
Notification) Regulations 1997 by statutory rules, subordinate instruments
and Acts.
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Endnotes
Equipment (Public Safety) (Incident Notification) Regulations 1997
Endnotes
S.R. No. 24/1997
3. Explanatory Details
1
S.R. No. 82/1995.
2
S.R. No. 81/1995.
Note:
Item 2 of Schedule 2 of the Occupational Health and Safety (Plant)
Regulations 1995 lists the following plant—
•
boilers categorised as hazard level A, B or C according to the
criteria identified in AS 3920—Part 1, Pressure Equipment
Manufacture—Assurance of Product Quality;
•
pressure vessels categories as hazard level A, B or C according to
the criteria identified in AS 3920—Part 1, Pressure Equipment
Manufacture—Assurance of Product Quality, other than—
(a)
gas cylinders to which AS 2030—Gas Cylinders applies;
and
(b)
liquefied petroleum gas fuel vessels for automotive use to
which AS 3509—LP Gas Fuel Vessels for Automotive Use
applies; and
(c)
serially produced vessels to which AS 2971—Serially
Produced Pressure Vessels applies;
•
tower cranes;
•
lifts;
•
building maintenance units;
•
amusement structures to which AS 3533—Amusement Rides and
Devices applies, other than amusement structures referred to in the
standard as class 1 structures;
•
concrete placing units (truck-mounted with boom);
•
mobile cranes with a safe working load greater than 10 tonnes.
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