South Australian Consolidated Acts South Australian Consolidated Acts28—Election of health and safety representatives
(1) The election of
health and safety representatives must be conducted in accordance with this
section.
(2) A person is
eligible to be a candidate for election as a health and safety representative
if the person is a recognised member of the work group that the
health and safety representative is to represent.
(3) The conduct of an
election of a health and safety representative will be carried out by a person
selected by agreement between at least one-half of the recognised members of
the work group or, failing the selection of such a person within a reasonable
time, on application to the Advisory Committee, by a person nominated by the
Advisory Committee.
(4) Every recognised
member of the work group is entitled to vote at the election to appoint the
health and safety representative to represent that group.
(5) Subject to
subsection (6), the election of a health and safety representative must
be carried out in accordance with procedures prescribed by regulations made
after the Minister has consulted with the Advisory Committee.
(6) The election must
be carried out by secret ballot if any recognised member of the work group so
requests.
(6a) The employer must
be consulted about when the election is to be carried out before the
arrangements for the election are finalised.
(7) If there is only
one candidate for election—
(a) a
ballot need not be held; and
(b) the
candidate is taken to have been duly elected.
(8) If a dispute
arises in relation to the election of a health and safety representative under
this section—
(a) a
person who is a recognised member of the work group; or
(b) if
any such person is a member of a registered association and requests the
registered association to act on his or her behalf—that
registered association,
may refer the dispute to the Industrial Commission.
(9) Where a dispute is
referred to the Industrial Commission under subsection (8), the
Industrial Commission must attempt to resolve the dispute by conciliation.
(10) If a dispute
cannot be resolved within a reasonable time by conciliation under
subsection (9), the Industrial Commission must refer the dispute to the
President of the Industrial Court for determination by a review committee.
(11) The
review committee may determine the dispute and the decision of the
review committee is binding on all the parties.
(12) On being elected
under this section, a health and safety representative must, in accordance
with the regulations, provide the prescribed information to the employer and
the Department.