WORK HEALTH AND SAFETY ACT 2011 - SECT 61 Procedure for election of health and safety representatives

WORK HEALTH AND SAFETY ACT 2011 - SECT 61

    (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 regulation.

    (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 regulation 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.

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