Important: From 1 January 2012, information on this website is being reviewed and must be read in conjunction with the Work Health and Safety Act 2011.
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The following information is published to provide industry with an overview of the changes to work health and safety laws.
As the national model Work Health and Safety Act did not include recreational diving, a new Safety in Recreational Water Activities Act 2011 (the SRWA Act) was also passed by the Queensland Parliament on 26 May 2011. On 24 November 2011 the Queensland Governor in Council approved the Safety in Recreational Water Activities Regulation 2011.
Diving is a significant industry in Queensland and the SRWA Act ensures that the strict safety standards in Queensland's diving and snorkelling industries are maintained.
The key pieces of legislation are:
Under the Safety in Recreational Water Activities Act 2011 (the SRWA Act), any person who conducts a business or undertaking (PCBU) which provides recreational water activities is required to ensure, so far as is reasonably practicable, the health and safety of any person taking part in those activities.
The SRWA Act operates in tandem with the Work Health and Safety Act 2011 (WHS Act 2011) which places a duty on a PCBU to ensure, so far as is reasonably practicable, the health and safety of workers at the workplace.
The SRWA Act adopts the key provisions of the WHS Act 2011 for health and safety duties, penalties, compliance, enforcement and legal proceedings.
The SRWA Act sets out the legal duties that apply in Queensland to protect the public from harm when they take part in recreational water activities provided by a PCBU. When providing these activities, the PCBU is responsible for organising access to the place where the activities take place, supervising all aspects of the activity, supplying any equipment that is required and providing advice, training and demonstrations.
The PCBU’s workers must also take reasonable care to protect any people taking part in recreational water activities.
People taking part in recreational water activities (including onlookers) also have duties under the SRWA Act. They must take reasonable care for their own health and safety, comply with any reasonable instruction given by the PCBU and not endanger others.
A PCBU has a duty under the SRWA Act to either eliminate or minimise the risks to health and safety as far as is reasonably practicable.
The PCBU must assess all reasonably foreseeable hazards likely to occur while conducting the activity and the harm that could result, and decide how to control the risks from these hazards.
The PCBU must provide and maintain safe plant and structures and ensure the safe use, handling and storage of plant, structures and substances.
The PCBU must provide information, training, instruction and supervision to protect people undertaking recreational water activities and must also monitor the people for whom they provide the activity and conditions where the activity is provided to prevent illness or injury.
A PCBU also has a duty to notify the regulator in the event of a serious injury or illness or when a dangerous incident has occurred.
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© The State of Queensland (Department of Justice and Attorney-General) 2009.