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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 23:42)
Part 5 Division 5
Division 5 Issue resolution
80   Parties to an issue
(1)  In this Division, parties, in relation to an issue, means the following:
(a)  the person conducting the business or undertaking or the person’s representative,
(b)  if the issue involves more than one business or undertaking, the person conducting each business or undertaking or the person’s representative,
(c)  if the worker or workers affected by the issue are in a work group, the health and safety representative for that work group or his or her representative,
(d)  if the worker or workers affected by the issue are not in a work group, the worker or workers or their representative.
(2)  A person conducting a business or undertaking must ensure that the person’s representative (if any) for the purposes of this Division:
(a)  is not a health and safety representative, and
(b)  has an appropriate level of seniority, and is sufficiently competent, to act as the person’s representative.
81   Resolution of health and safety issues
(1)  This section applies if a matter about work health and safety arises at a workplace or from the conduct of a business or undertaking and the matter is not resolved after discussion between the parties to the issue.
(2)  The parties must make reasonable efforts to achieve a timely, final and effective resolution of the issue in accordance with the relevant agreed procedure, or if there is no agreed procedure, the default procedure prescribed in the regulations.
(3)  A representative of a party to an issue may enter the workplace for the purpose of attending discussions with a view to resolving the issue.
82   Referral of issue to regulator for resolution by inspector
(1)  This section applies if an issue has not been resolved after reasonable efforts have been made to achieve an effective resolution of the issue.
(2)  A party to the issue may ask the regulator to appoint an inspector to attend the workplace to assist in resolving the issue.
(3)  A request to the regulator under this section does not prevent:
(a)  a worker from exercising the right under Division 6 of this Part to cease work, or
(b)  a health and safety representative from issuing a provisional improvement notice or a direction under Division 6 of this Part to cease work.
(4)  On attending a workplace under this section, an inspector may exercise any of the inspector’s compliance powers under this Act in relation to the workplace.