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Contents (2011 - 10)
Work Health and Safety Act 2011 No 10
Current version for 21 March 2018 to date (accessed 26 May 2018 at 23:43)
Part 5 Division 2
Division 2 Consultation with workers
47   Duty to consult workers
(1)  The person conducting a business or undertaking must, so far as is reasonably practicable, consult, in accordance with this Division and the regulations, with workers who carry out work for the business or undertaking who are, or are likely to be, directly affected by a matter relating to work health or safety.
Maximum penalty:
(a)  in the case of an individual—$20,000, or
(b)  in the case of a body corporate—$100,000.
(2)  If the person conducting the business or undertaking and the workers have agreed to procedures for consultation, the consultation must be in accordance with those procedures.
(3)  The agreed procedures must not be inconsistent with section 48.
48   Nature of consultation
(1)  Consultation under this Division requires:
(a)  that relevant information about the matter is shared with workers, and
(b)  that workers be given a reasonable opportunity:
(i)  to express their views and to raise work health or safety issues in relation to the matter, and
(ii)  to contribute to the decision-making process relating to the matter, and
(c)  that the views of workers are taken into account by the person conducting the business or undertaking, and
(d)  that the workers consulted are advised of the outcome of the consultation in a timely manner.
(2)  If the workers are represented by a health and safety representative, the consultation must involve that representative.
49   When consultation is required
Consultation under this Division is required in relation to the following health and safety matters:
(a)  when identifying hazards and assessing risks to health and safety arising from the work carried out or to be carried out by the business or undertaking,
(b)  when making decisions about ways to eliminate or minimise those risks,
(c)  when making decisions about the adequacy of facilities for the welfare of workers,
(d)  when proposing changes that may affect the health or safety of workers,
(e)  when making decisions about the procedures for:
(i)  consulting with workers, or
(ii)  resolving work health or safety issues at the workplace, or
(iii)  monitoring the health of workers, or
(iv)  monitoring the conditions at any workplace under the management or control of the person conducting the business or undertaking, or
(v)  providing information and training for workers, or
(f)  when carrying out any other activity prescribed by the regulations for the purposes of this section.