Commonwealth Numbered Acts

OCCUPATIONAL HEALTH AND SAFETY (COMMONWEALTH EMPLOYMENT) ACT 1991 No. 30, 1991 - SECT 32

32. (1) An application for the disqualification of a health and safety
representative for a designated work group may be made to the Commission by
the employer of all the employees included in the designated work group, or by
an involved union in relation to the designated work group, on one or both of
the following grounds:

   (a)  that action taken by the representative in the exercise or purported
        exercise of a power under subsection 28 (1) or any other provision of
        this Act was taken:

        (i)    with the intention of causing harm to the employer or to an
               undertaking of the employer; or

        (ii)   unreasonably, capriciously or otherwise than for the purpose
               for which the power was conferred on the representative;

   (b)  that the representative has intentionally used, or disclosed to
        another person, for a purpose that is not connected with the exercise
        of a power of a health and safety representative, information acquired
        from the employer.

(2) Where, upon an application by an employer under subsection (1), the
Commission is satisfied that the health and safety representative has acted in
a manner referred to in paragraph (1) (a) or (b), the Commission may, after
having regard to:

   (a)  the harm (if any) that was caused to the employer or to an undertaking
        of the employer as a result of the action of the representative; and

   (b)  the past record of the representative in exercising the powers of a
        health and safety representative; and

   (c)  the effect (if any) on the public interest of the action of the
        representative; and

   (d)  such other matters as the Commission thinks relevant; disqualify the
        representative, for a specified period not exceeding 5 years, from
        being a health and safety representative for any
        designated work group.