South Australian Consolidated Acts

OCCUPATIONAL HEALTH, SAFETY AND WELFARE ACT 1986 - SECT 30

30—Term of office of a health and safety representative

        (1)         Subject to this section, a health and safety representative will hold office for a term of three years.

        (2)         A person ceases to be a health and safety representative for a work group if that person—

            (a)         completes a term of office and is not re-elected; or

            (b)         ceases to belong to the relevant work group; or

            (c)         resigns as a health and safety representative; or

            (ca)         is removed from office by a resolution of at least two-thirds of the recognised members of the group on the ground that they consider that the person has ceased to be a suitable person to act as their representative; or

            (d)         is disqualified by a review committee.

        (3)         Where there is a substantial change in the circumstances surrounding the constitution of a work group and it is agreed at that time by at least one-half of the recognised members of the group that a fresh election should be held to elect a health and safety representative, the health and safety representative who was representing that group must resign and a fresh election must be held.

        (4)         An application for the disqualification of a health and safety representative may be made to the President of the Industrial Court for determination by a review committee by—

            (a)         the employer; or

            (b)         a registered association of which any recognised member of the work group that the health and safety representative represents is a member; or

            (c)         a majority of the employees who at any particular time are the members of the work group that the health and safety representative represents.

        (5)         The grounds upon which a health and safety representative may be disqualified are—

            (a)         that the health and safety representative has on repeated occasions neglected to carry out the functions of a health and safety representative under this Act; or

            (b)         that the health and safety representative has—

                  (i)         exercised or performed powers or functions under this Act for an improper purpose; or

                  (ii)         disclosed information (being information acquired from the employer) for an improper purpose.

        (6)         If a review committee is satisfied that a ground for disqualification exists, the review committee may, if it thinks fit, disqualify the health and safety representative for a specified period.

        (7)         In determining what action (if any) should be taken under subsection (6), the review committee must take into account—

            (a)         the harm (if any) that has been caused by the health and safety representative;

            (b)         the past record of the health and safety representative in exercising or performing powers or functions under this Act;

            (c)         whether the actions of the health and safety representative were contrary to the public interest;

            (d)         any other relevant consideration.

        (8)         For the purposes of this section, a reference to a health and safety representative includes a deputy to a health and safety representative.