This article outlines the application of South Australian Work Health and Safety (WHS) legislation to churches and parishes.
The Work Health and Safety Act 2012 (SA) applies to all workplaces in South Australia, includingchurches. The key principles of the Act are consistent with long-established and familiar occupational health and safety standards. It aims to promote the safety, health, and welfare of people at workplaces in South Australia.
Under the Act, churches are considered workplaces. Parish Councils, as those in charge, owe duties to:
The Synod’s WHS Policy is regularly reviewed. Template WHS policies for individual parishes are available upon request: support@adelaideanglicans.com.
Parish Councils are expected to implement appropriate steps to ensure compliance.
What is a ‘person conducting a business or undertaking’ (PCBU)?
A person conducting a business or undertaking is a broad concept designed to capture all types ofmodern working arrangements. A ‘person’ may be an organisation or an individual. A business or undertaking includes running a church.
Is the Parish Council a PCBU?
Yes. Parish Council is the body under the Parochial Administration Ordinance that manages parishproperty and affairs, making them responsible under WHS laws. They have the same responsibility as a management committee or a board of directors.
Is the church a workplace?
Yes. It’s where workers conduct work-related activities for the church.
Is the Parish Office a workplace?
Yes. Anyone working in the parish office, such as clergy, wardens, or volunteers, is considered to be in a workplace.
Is the parish priest a worker?
Yes. Under WHS laws, the parish priest/minister is a worker.
Are Parish Council members workers?
Yes. When attending council meetings or performing any other work for the parish.
What are the Parish Council members’ WHS responsibilities?
They must take all steps that are reasonably practicable to ensure the health and safety of parish workers while they are at work.
Are Parish Council members considered officers?
Yes, as decision-makers that affect the whole or a large part of the parish’s activities, they are likely to be classified as officers under the WHS act.
Are volunteers covered by the WHS laws?
Yes. Volunteers are considered workers and have both protections and responsibilities under WHS law. This means that volunteers may receive the same protection as paid workers.
Note: Volunteers also have a duty of care for their health and safety, as well as for that of others in the workplace.
