Your questions answered: What is ‘a prescribed person’ and ‘a person of a prescribed class’?

By Portner Press on February 25th, 2020
  1. Work Health & Safety Act
  2. Workplace health & safety regulations

Q
The NSW Work Health & Safety Act 2011 and the federal Work Health & Safety Act 2011 refer to ‘a prescribed person’ and ‘a person of a prescribed class’?
These aren’t in the definitions. What does this mean?
A
The reference to ‘a prescribed person’ and ‘a person of a prescribed class’ is not defined because it is a legislative device that allows the Minister to make a regulation which will give it (or prescribe) a meaning.
If such a regulation is passed, it will prescribe a meaning for the particular section of the Act, or clause in the regulations. If you cannot find a regulation which prescribes a meaning for any particular section, then there has been nothing prescribed yet by the Minister.





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