WORK HEALTH AND SAFETY ACT 2011 - SECT 47 Duty to consult workers

WORK HEALTH AND SAFETY ACT 2011 - SECT 47

    (1)     The person conducting a business or undertaking must, so far as is reasonably practicable, consult, in accordance with this division and the regulation, 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.

Note     Strict liability applies to each physical element of this offence (see  s 12A).

    (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.