South Australian Consolidated Acts

OCCUPATIONAL HEALTH, SAFETY AND WELFARE ACT 1986 - SECT 31

31—Health and safety committees

        (1)         At the request of—

            (a)         a health and safety representative; or

            (b)         a prescribed number of employees; or

            (c)         a majority of the employees at any workplace,

the employer must, within two months of the request, establish one or more health and safety committees.

        (1a)         An employer must also establish one or more health and safety committees if required to do so by or under the regulations.

        (2)         The composition of a health and safety committee must be determined by agreement between the employer, the health and safety representative and any interested employees.

        (3)         If an employee is a member of a registered association, that registered association must, at the request of the employee, be consulted in relation to the composition of a health and safety committee under this section.

        (4)         The membership of a committee should, so far as is reasonably practicable, represent a reasonable cross-section of the persons whose activities, work, or health, safety or welfare (whether as principal, manager, supervisor or employee) could be within the responsibilities of the committee subject however to the following qualifications:

            (a)         any relevant health and safety representative should be encouraged to be a member of the committee; and

            (b)         at least half of the members of the committee must be employees.

        (5)         If at any time agreement cannot be reached on any matter relating to the establishment or composition of a health and safety committee, an interested party may refer the matter to the Industrial Commission to resolve the disagreement.

        (6)         Where a matter is referred to the Industrial Commission under subsection (5), the Industrial Commission must attempt to resolve the matter by conciliation.

        (7)         If a matter cannot be resolved within a reasonable time by conciliation under subsection (6), the Industrial Commission must refer the matter to the President of the Industrial Court for determination by a review committee.

        (8)         The review committee may determine any matter relating to the establishment or composition of a health and safety committee and its decision is binding on all the parties.

        (9)         Subject to the regulations, the proceedings of a health and safety committee will be conducted in such manner as the committee may determine.

        (10)         A health and safety committee must hold at least one meeting in every 3 months.

        (11)         A meeting of a health and safety committee must be held—

            (a)         on the request of at least half of the members of the committee; or

            (b)         on the request of a health and safety representative; or

            (c)         on the request of the employer.

        (12)         The composition of a health and safety committee may be varied at any time by agreement between the employer, any relevant health and safety representative, and any interested employees who are within the responsibility of the committee.

        (13)         In addition to the other matters provided by this section, the regulations may make provision for—

            (a)         the term of office of a member of a health and safety committee;

            (b)         the disqualification of a person from acting, or continuing to act, as a member of a health and safety committee;

            (c)         the appointment of a person to a casual vacancy in the membership of a health and safety committee.

        (14)         This section does not apply to a prescribed employer or an employer of a prescribed class (if any).