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Removing asbestos in workplaces - Compliance ... - WorkSafe Victoria

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AppendicesAppendix A – The compliance frameworkOccupational Health andSafety Act 2004Act No. 107/2004The Occupational Health and Safety Act 2004 (the OHSAct) sets out the key pr<strong>in</strong>ciples, duties and rights <strong>in</strong> relationto occupational health and safety (OHS).Occupational Health andSafety Regulations 2007Statutory Rule No. 54/2007The Occupational Health and Safety Regulations 2007(the Regulations) specify the way <strong>in</strong> which a duty imposedby the Act must be performed, or prescribe procedural oradm<strong>in</strong>istrative matters to support the Act (eg requir<strong>in</strong>g licencesfor specific activities, the keep<strong>in</strong>g of records or giv<strong>in</strong>g notice).<strong>Compliance</strong> codes provide practical guidance to duty holders.If a person complies with a provision of a compliance code,they are deemed to comply with the Act or Regulation dutycovered by the code provision. However, compliance codes arenot mandatory and a duty holder may choose to use someother way to achieve compliance.<strong>WorkSafe</strong> Positions are guidel<strong>in</strong>es made under section 12of the Act that state how <strong>WorkSafe</strong> will apply the Act orRegulations or exercise discretion under a provision of theAct or Regulations. <strong>WorkSafe</strong> Positions are <strong>in</strong>tended toprovide certa<strong>in</strong>ty to duty holders and other affected parties.Non-statutory guidance <strong>in</strong>cludes <strong>in</strong>formation publishedby <strong>WorkSafe</strong> aimed at build<strong>in</strong>g people’s knowledge andawareness of OHS issues, risks to health and safety andthe discipl<strong>in</strong>es and techniques that can be applied to manageand control risks. Non-statutory guidance is not mandatory,nor does it provide any ‘deemed to comply’ outcomes for dutyholders. This guidance does, however, form part of the ‘state ofknowledge’ about OHS.72 <strong>Compliance</strong> code / <strong>Remov<strong>in</strong>g</strong> <strong>asbestos</strong> <strong>in</strong> <strong>workplaces</strong> <strong>WorkSafe</strong> <strong>Victoria</strong>

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