Health and Safety at Work Act 2015

Key terms

17 Meaning of PCBU

(1)

In this Act, unless the context otherwise requires, a person conducting a business or undertaking or PCBU—

(a)

means a person conducting a business or undertaking—

(i)

whether the person conducts a business or undertaking alone or with others; and

(ii)

whether or not the business or undertaking is conducted for profit or gain; but

(b)

does not include—

(i)

a person to the extent that the person is employed or engaged solely as a worker in, or as an officer of, the business or undertaking:

(ii)

a volunteer association:

(iii)

an occupier of a home to the extent that the occupier employs or engages another person solely to do residential work:

(iv)

a statutory officer to the extent that the officer is a worker in, or an officer of, the business or undertaking:

(v)

a person, or class of persons, that is declared by regulations not to be a PCBU for the purposes of this Act or any provision of this Act.

(2)

In this section, volunteer association means a group of volunteers (whether incorporated or unincorporated) working together for 1 or more community purposes where none of the volunteers, whether alone or jointly with any other volunteers, employs any person to carry out work for the volunteer association.

Compare: Model Work Health and Safety Act (Aust) s 5