Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The objects of this Bill are:

(a) to ensure that any person who is an authorised industrial officer within the
meaning of Part 7 (Entry and inspection by officers of industrial organisations)
of Chapter 5 of the Industrial Relations Act 1996 in respect of an industrial
organisation of employees is also an authorised representative of that
industrial organisation of employees for the purposes of Division 3 (Entry and
inspection powers of authorised employees’ representatives) of Part 5 of the
Occupational Health and Safety Act 2000, and

(b) to provide that a person who was an authorised industrial officer but not an
authorised representative before the commencement of the proposed Act is
taken to have been an authorised representative and to validate certain acts or
omissions of such a person.

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

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Explanatory note page 2

Occupational Health and Safety Amendment (Authorised Representatives) Bill 2009
Explanatory note
Clause 2 provides for the commencement of the proposed Act on the date of assent
to the proposed Act.

Schedule 1 Amendment of Occupational Health and
Safety Act 2000 No 40
Schedule 1 [1] substitutes the definition of authorised representative in section 76
of the Occupational Health and Safety Act 2000 (the Principal Act) to provide that,
for the purposes of Division 3 (Entry and inspection powers of authorised
employees’ representatives) of Part 5 of the Principal Act, an authorised
representative of an industrial organisation of employees means a person who is an
authorised industrial officer within the meaning of Part 7 (Entry and inspection by
officers of industrial organisations) of Chapter 5 of the Industrial Relations Act 1996
in respect of that industrial organisation of employees. This means that a person who
is an employee of an industrial organisation of employees and who is an authorised
industrial officer is now also an authorised representative who is able to carry out
entry and inspection functions under the Principal Act.

Schedule 1 [2] permits regulations under the Principal Act to contain provisions of
a savings or transitional nature consequent on the enactment of the proposed Act.

Schedule 1 [3] validates any previous entry and inspection carried out under the
Principal Act by a person who, at the time of the entry or inspection, was an
employee of an industrial organisation of employees and an authorised industrial
officer. This is done by providing that any such person is taken to have been an
authorised representative and that any act or omission of such a person is validated
if it would have been valid had Schedule 1 [1] commenced before the act or omission.

The validation applies for the purposes of the Principal Act or for any other Act or
law and will therefore flow through to other Acts that rely on the definition in the
Principal Act (for example, section 173 of the Coal Mine Health and Safety
Act 2002).

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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