What the law says about public safety in Victoria
For WorkSafe Victoria, public safety is covered by four Acts of the Victorian Parliament.
The law defines public safety as:
“… the protection from injury and disease of persons other than employees of an employer, from risks arising from the workplace or the conduct of the employer at the workplace.”
This definition also refers to WorkSafe’s duties and obligations under Section 23 of the Occupational Health and Safety Act 2004
Apart from the Occupational Health and Safety Act 2004 the other relevant laws are covered by Dangerous Goods Act 1985, the Road Transport Reform (Dangerous Goods) Act 1995 and the Equipment (Public Safety) Act 1994
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Act
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Public Safety Aspects
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Comment
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Occupational Health & Safety Act 2004
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Section 2(1)(c) (Object) - To ensure that the health and safety of members of the public is not placed at risk by the conduct of undertakings by employers and self-employed persons.
Section 23(1) - An employer must ensure, so far as is reasonably practicable, that persons other than employees of the employer are not exposed to risks to their health or safety arising from the conduct of the undertaking of the employer.
Section 24(1) - A self-employed person must ensure, so far as is reasonably practicable, that persons are not exposed to risks to their health or safety arising from the conduct of the undertaking of the self‑employed person.
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While the OH&S Act 2004 is focussed on the safety of employees, it has a very broad public safety component. Essentially any health and safety hazard created as a result of work or work-related activities can be considered under the public safety scope of the Act.
These aspects are the primary public safety duties which are expanded upon in the more specific requirements (e.g. design of plant and buildings) of the OH&S Act 2004.
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Dangerous Goods Act 1985
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Section 4(a) (Objective) - To promote the safety of persons and property in relation to the manufacture, storage, transport, transfer, sale and use of dangerous goods and the import of explosives into Victoria;
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Except where hazards will only impact employees, the entirety of the Dangerous Goods Act 1985 can be considered public safety.
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Road Transport Reform (Dangerous Goods) Act 1995
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Section 1 (Purpose) - To regulate the transport of dangerous goods by road in Victoria in order to promote public safety and protect property and environment.
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The purpose of this act is to protect the public from dangerous goods in transit. It’s entire scope can be considered public safety
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Equipment (Public Safety) Act 1994
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Section 1 (Purpose) - The main purpose of this Act is to provide for public safety in relation to prescribed equipment and equipment sites.
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This Act was bought into being solely to protect the public from all health and safety risks arising from ‘prescribed equipment’. The list of ‘prescribed equipment’ is defined in the Equipment (Public Safety) Regulations 2007 S106.
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