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February 06, 2020 on chapter Duties of managers

Who is a prescribed person?

The Work Health and Safety Act refers to a ‘prescribed person’ and ‘person of a prescribed class’. There are no definitions for these terms in the legislation. Who do these terms refer to?

The references to ‘a prescribed person’ and ‘person of a prescribed class’ are not defined because this is a legislative device to allow the Minister to make a regulation to give them (or prescribe) meanings. If such a regulation is passed, it will prescribe meanings for the particular section of the Act, or clause in the regulations. If you cannot find a regulation that prescribes a meaning for any particular section, then there has been nothing prescribed yet by the Minister.

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