Document Comments

Bulletin Board - Review and Comment

Step 1 of 4: Comment on Document

How to make a comment?

1. Use this Protected Document to open a comment box for your chosen Section, Part, Heading or clause.

2. Type your feedback into the comments box and then click "save comment" button located in the lower-right of the comment box.

3. Do not open more than one comment box at the same time.

4. When you have finished making comments proceed to the next stage by clicking on the "Continue to Step 2" button at the very bottom of this page.

 

Important Information

During the comment process you are connected to a database. Like internet banking, the session that connects you to the database may time-out due to inactivity. If you do not have JavaScript running you will recieve a message to advise you of the length of time before the time-out. If you have JavaScript enabled, the time-out is lengthy and should not cause difficulty, however you should note the following tips to avoid losing your comments or corrupting your entries:

  1. DO NOT jump between web pages/applications while logging comments.

  2. DO NOT log comments for more than one document at a time. Complete and submit all comments for one document before commenting on another.

  3. DO NOT leave your submission half way through. If you need to take a break, submit your current set of comments. The system will email you a copy of your comments so you can identify where you were up to and add to them later.

  4. DO NOT exit from the interface until you have completed all three stages of the submission process.

 

WHSMP03: WHS Legal Obligations Other Requirements Procedure

Section 1 - Purpose and Scope

(1) The purpose of this procedure is to ensure the management of risks associated with identifying, monitoring, and complying with WHS legal obligations and other requirements at Southern Cross University (SCU) are appropriately managed and controlled. 

(2) The purpose of this procedure is to ensure Southern Cross University’s management, employees, contractors, students, visitors and others are aware of the risks associated with managing the legal obligations and other requirements applicable to the hazards, risks, and Workplace Health and Safety Management System (WHSMS) in the workplace, management strategies and to provide advice on appropriate controls. 

(3) All employees, students and others including both independent contractors and contractors under SCU control are to be made aware of and follow this procedure. 

(4) This Procedure applies to all SCU Work Units and sites. The procedure aligns with WHS legislation in the relevant jurisdictions SCU operates in. 

Top of Page

Section 2 - Definitions 

AS/NZS  
Australian standard / New Zealand Standard. 
Code of Practice 
Model Code of Practice - Codes of Practice are practical guides to achieving the standards of health, safety, and welfare required under the WHS Act and the WHS Regulations in a jurisdiction. To have legal effect in a jurisdiction a model Code of Practice must be approved as a code of practice in that jurisdiction. 
Controlled Documents 
Documents created and approved by SCU and are controlled in their use and distribution, storage, and retrieval. 
Records 
A document that states the results achieved or provides evidence of activities performed. 
Standard 
Any reference to a standard means the most recently published versions of a standard.  
Employee 
An individual who carries out work as an employee, labour hire company worker, apprentice, trainee, the person undertaking a work trial or work experience, or a volunteer. 
Workplace 
A place where work is carried out for a business or undertaking. 
Top of Page

Section 3 - General Principles 

Identifying and monitoring legal requirements and other requirements 

(5) SCU must identify legislative, regulatory, and other specific requirements pertinent to business activities, evaluate compliance with these requirements, and continuously monitor for changes in requirements and continued compliance.  

(6) SCU subscribes to LawOne to identify, monitor, and aid in compliance with applicable WHS legislation across the various jurisdictions of its operations. The subscription allows for the review and selection of applicable legislation and regulations to develop registers of those that have the potential to affect or impact operations. The subscription also provides updates on changes to legislation to the WHS Manager for review of applicability to SCU.  

(7) Where determined to be applicable, the WHSMS will be updated along with communications to relevant stakeholders including legislation changes, potential impacts and required changes to ensure compliance.  

(8) The WHS Team shall maintain a legal obligation and other requirement register applicable to scopes of work across SCU (WHSMP03 – FOR – 01 – Legal Requirements and Other Register). 

(9) Employees will be advised during inductions of the location and ability to access relevant WHS legislation, Codes of Practice, Australian Standards, and WHSMP03 – FOR – 01 – Legal Requirements and Other Register. 

Managing changes to Legal Requirements 

(10) This procedure is developed to comply with the following: 

  1. Applicable legislation. 
  2. Codes of Practice across multiple jurisdictions that SCU operate in. 
  3. Guidance notes across multiple jurisdictions that SCU operate in. 
  4. Australian Standards. 

Evaluation of Compliance 

(11) The WHS Manager will ensure that SCU periodically evaluates its compliance with the applicable legal and other requirements to establish compliance status.  

Record Management 

Document retention 

(12) The WHSMS contains many documents and records that must be retained as part of SCU’s legal requirements. The process for storing of documents and records shall follow that set out in WHSMP08: Document and Records Management Procedure. Work Units shall ensure the process is implemented to store, achieve, retain, and dispose of records to allow effective management and ease of retrieval of workplace health and safety information.  

(13) Individuals with assigned responsibility of maintenance and upkeep of registers and records shall ensure that they are kept up to date, saved to relevant folders, and not lost or damaged, or inadvertently destroyed before being achieved. 

Document archiving 

(14) Work Units shall archive their records before each update. Each archive shall be stored online along with evidence of communication of the updates to the Work Unit. This is to demonstrate evidence of monitoring and review of legal requirements and other requirements for audit purposes and to meet legislative requirements.  

(15) Workplace health and safety records that must be archived for given periods to meet legal requirements include the following: 

General records such as (but not limited to): 
Training records 
Safety Talks 
Risk assessments 
Incident investigations 
Inspections 
7 years  
Incident investigations and supporting evidence such as employee details where there have been claims or potential for claims. 
Until the claim has been settled.  
Employee records and health monitoring records and supporting evidence where work/exposure to asbestos occurred.  
No limitation  

(16) When considering disposal of records and archiving, consideration shall be given to the potential risk of destroying the record, and where risk is identified both hard and soft copy records shall be maintained. Reference to WHSMP08: Document and Records Management Procedure shall be undertaken in the first instance.

Top of Page

Section 4 - Roles and Responsibilities

University Council  

(17) The SCU Council has the following WHS responsibilities: 

  1. Demonstrate commitment to WHS and set examples for employees. 
  2. Ensure regulatory compliance with standards and procedures. 
  3. Maintain WHS management systems meeting policy, legal, and regulatory requirements. 
  4. Review WHS risks periodically and consider implications in decisions. 
  5. Oversight of the development and alignment WHS strategy with university objectives. 
  6. Agree on and monitor WHS objectives, targets, and performance. 
  7. Provide adequate WHS training and resources for roles. 
  8. Review and learn from WHS incidents and trends and ensure corrective actions. 
  9. Ensure  crisis management processes for incidents are implemented. 
  10. Cooperate with regulators and WHS Manager on legislative requirements. 
  11. Monitor and report WHS performance, maintain relevant records, and track progress against objectives. 

Operational Responsibilities 

(18) The SCU Vice Chancellor has the following WHS responsibilities: 

  1. Foster a positive WHS culture with continuous improvement and leading by example. 
  2. Appoint competent resources for WHS roles based on risk profile, including an advisor for WHS duties. 
  3. Allocate resources for WHS systems and training for direct reports. 
  4. Manage key stakeholder and regulatory relationships. 
  5. Comply with WHS legislative requirements and collaborate with authorities. 
  6. Ensure compliance with WHS policy and legal requirements is monitored through plans and reviews. 
  7. Take actions to achieve WHS objectives and address deficiencies. 
  8. Implement disciplinary measures for WHS breaches as needed. 

Vice Presidents/Pro/Deputy Vice-Chancellor 

(19) Vice Presidents/Pro/Deputy Vice Chancellors have the following WHS responsibilities: 

  1. Be aware of, monitor and control critical hazards and controls applicable to their work unit 
  2. Ensure compliance with WHS policies, procedures by persons involved in their work unit’s undertaking. 
  3. Incorporate WHS risks in the Enterprise risk register and apply controls. 
  4. Provide oversight of Work Unit WHS performance, reporting, and sharing lessons from incidents. 
  5. Appoint and allocate appropriate WHS resources for risk management and training. 
  6. Foster a positive WHS culture, promote continuous improvement, and lead by example. 
  7. Cooperate with Regulators/Authorities and WHS to meet legislative requirements. 
  8. Review safety performance, discuss with management, and take corrective actions as needed, including disciplinary measures for WHS breaches. 

Head of Work Unit 

(20) The Head of the Work Unit has the following WHS responsibilities: 

  1. Ensure compliance with WHS policies, procedures, and controls. 
  2. Ensure WHS compliance, communication, and risk management. 
  3. Provide oversight for Work Unit WHS performance. 
  4. Promote a positive WHS culture and competency. 
  5. Manage WHS incidents and reporting. 
  6. Obtain and follow WHS professional advice. 
  7. Coordinate with regulators and WHS teams. 
  8. Conduct audit and assurance activities and ensure action on findings. 
  9. Engage with stakeholders on WHS matters. 
  10. Report accidents and incidents promptly. 
  11. Enforce disciplinary measures for WHS breaches. 

Managers and Supervisors 

(21) Managers and Supervisors have the following WHS responsibilities: 

  1. Ensure compliance with WHS policies, procedures, and controls. 
  2. Ensure access to competent WHS advice and training. 
  3. Provide resources and approval for safe activities. 
  4. Cooperate with regulators, WHS Manager, and Partners. 
  5. Monitor and act on regulatory visits and incidents. 
  6. Conduct assurance activities. 
  7. Engage stakeholders on safety matters as needed. 
  8. Report and record all WHS incidents promptly. 
  9. Review Work Unit WHS performance regularly. 
  10. Enforce disciplinary measures for WHS breaches. 

Employees 

(22) All employees have the following WHS responsibilities: 

  1. Complete required WHS training and stay updated. 
  2. Prioritise health and safety for oneself and others. 
  3. Ensure compliance with WHS policies, procedures, and control  
  4. Report WHS concerns promptly to relevant personnel. 
  5. Cooperate with SCU on WHS matters. 
  6. Understand and adhere to WHS procedures and risk assessments. 
  7. Notify relevant management of unsafe conditions or practices. 
  8. Work within established safety controls and systems. 
  9. Support WHS objectives and targets. 
  10. Use equipment only with proper training. 
  11. Wear issued PPE correctly. 
  12. Request additional WHS training if needed. 
  13. Follow instructions from authorities and supervisors. 
  14. Report accidents, defects, or hazards promptly. 
  15. Participate in audits and reviews as required. 
  16. To cease work if there is a reasonable concern of a serious risk or an immediate or imminent hazard poses serious risk to health and safety 
  17. To inform supervisor if work is ceased. 

WHS Team 

WHS Manager 

(23) The WHS Manager has the following responsibilities: 

  1. Develop and lead the University's health and safety strategy. 
  2. Implement and maintain WHS policies, procedures, and controls. 
  3. Provide oversight and reporting on WHS performance. 
  4. Develop and maintain WHS management systems. 
  5. Ensure compliance with legal and regulatory WHS requirements. 
  6. Assess and manage WHS risks effectively. 
  7. Promote visible leadership in WHS. 
  8. Communicate progress against WHS plans and objectives. 
  9. Ensure adequate WHS resources and training. 
  10. Provide WHS advice to management and maintain relationships with regulators. 
  11. Investigate and report accidents/incidents, sharing lessons learned. 
  12. Develop and monitor a WHS compliance assurance program. 
  13. Support SCU in new research, sites, and acquisitions. 
  14. Maintain accurate WHS data and reporting. 
  15. Regularly review and address WHS incidents and performance. 

WHS Business Partners  

(24) WHS Business Partners have the following responsibilities: 

  1. Assist work units with the application of procedures.  
  2. Support understanding and compliance with SCU standards and regulations. 
  3. Assist in WHS risk assessments and controls implementation. 
  4. Actively promote WHS culture and plans. 
  5. Maintain skills and stay updated on legal requirements. 
  6. Advise on WHS training needs. 
  7. Cooperate with regulators and WHS Manager on legal requirements. 
  8. Report incidents and support investigations. 
  9. Support WHS inspections, audits, and corrective actions. 
  10. Ensure accurate WHS data in RiskWare and meet reporting requirements. 
Top of Page

Section 5 - Records of Documentation  

(25) All relevant documentation will be recorded and kept in accordance with WHS Legislation and other legislative obligations including:  

  1. Register of Legal and Other Requirements. 
  2. Records of Legislation Reviews. 
  3. Training and Awareness Records. 
  4. Compliance Audits and Inspections. 
Top of Page

Section 6 - Revision and approval history 

(26) This procedure will be reviewed as per nominated review dates or because of other events, such as: 

  1. Internal and external audit outcomes. 
  2. Legislative changes. 
  3. Outcomes from management reviews. 
  4. Incidents. 
Top of Page

Section 7 - References 

Work Health and Safety Act 2011 
Work Health and Safety Regulation in the applicable jurisdiction that SCU operates  
Top of Page

Section 8 - Related Documents 

WHSMP08: Document and Records Management Procedure 
WHSMP03 – FOR – 01 – Legal Requirements and Other Register