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Contents (2011 - 10)
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Work Health and Safety Act 2011 No 10
Current version for 6 January 2017 to date (accessed 25 April 2017 at 20:31)
Part 5 Division 3 Subdivision 4
Subdivision 4 Election of health and safety representatives
60   Eligibility to be elected
A worker is:
(a)  eligible to be elected as a health and safety representative for a work group only if he or she is a member of that work group, and
(b)  not eligible to be elected as a health and safety representative if he or she is disqualified under section 65 from being a health and safety representative.
61   Procedure for election of health and safety representatives
(1)  The workers in a work group may determine how an election of a health and safety representative for the work group is to be conducted.
(2)  However, an election must comply with the procedures (if any) prescribed by the regulations.
(3)  If a majority of the workers in a work group so determine, the election may be conducted with the assistance of a union or other person or organisation.
(4)  The person conducting the business or undertaking to which the work group relates must provide any resources, facilities and assistance that are reasonably necessary or are prescribed by the regulations to enable elections to be conducted.
Maximum penalty:
(a)  in the case of an individual—$10,000, or
(b)  in the case of a body corporate—$50,000.
62   Eligibility to vote
(1)  A health and safety representative for a work group is to be elected by members of that work group.
(2)  All workers in a work group are entitled to vote for the election of a health and safety representative for that work group.
63   When election not required
If the number of candidates for election as a health and safety representative for a work group equals the number of vacancies, the election need not be conducted and each candidate is to be taken to have been elected as a health and safety representative for the work group.
64   Term of office of health and safety representative
(1)  A health and safety representative for a work group holds office for 3 years.
(2)  However a person ceases to hold office as a health and safety representative for a work group if:
(a)  the person resigns as a health and safety representative for the work group by written notice given to the person conducting the relevant business or undertaking, or
(b)  the person ceases to be a worker in the work group for which he or she was elected as a health and safety representative, or
(c)  the person is disqualified under section 65 from acting as a health and safety representative, or
(d)  the person is removed from that position by a majority of the members of the work group in accordance with the regulations.
(3)  A health and safety representative is eligible for re-election.
65   Disqualification of health and safety representatives
(1)  An application may be made to the Industrial Relations Commission to disqualify a health and safety representative on the ground that the representative has:
(a)  exercised a power or performed a function as a health and safety representative for an improper purpose, or
(b)  used or disclosed any information he or she acquired as a health and safety representative for a purpose other than in connection with the role of health and safety representative.
(2)  The following persons may make an application under this section:
(a)  any person adversely affected by:
(i)  the exercise of a power or the performance of a function referred to in subsection (1) (a), or
(ii)  the use or disclosure of information referred to in subsection (1) (b),
(b)  the regulator.
(3)  If the Industrial Relations Commission is satisfied that a ground in subsection (1) is made out, the Commission may disqualify the health and safety representative for a specified period or indefinitely.
66   Immunity of health and safety representatives
A health and safety representative is not personally liable for anything done or omitted to be done in good faith:
(a)  in exercising a power or performing a function under this Act, or
(b)  in the reasonable belief that the thing was done or omitted to be done in the exercise of a power or the performance of a function under this Act.
67   Deputy health and safety representatives
(1)  Each deputy health and safety representative for a work group is to be elected in the same way as a health and safety representative for the work group.
(2)  If the health and safety representative for a work group ceases to hold office or is unable (because of absence or any other reason) to exercise the powers or perform the functions of a health and safety representative under this Act:
(a)  the powers and functions may be exercised or performed by a deputy health and safety representative for the work group, and
(b)  this Act applies in relation to the deputy health and safety representative as if he or she were the health and safety representative.
(3)  Sections 64, 65, 66, 72 and 73 apply to deputy health and safety representatives in the same way as they apply to health and safety representatives.