South Australian Consolidated Acts

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OCCUPATIONAL HEALTH, SAFETY AND WELFARE ACT 1986 - SECT 31A

31A—Training of health and safety representatives, deputies and committee members

        (1)         A prescribed person is entitled to take such time off work as is authorised by the regulations for the purposes of taking part in a course of training relating to occupational health, safety or welfare approved by the Advisory Committee for the purposes of this section.

        (2)         Subsection (1) is subject to the following qualifications:

            (a)         if—

                  (i)         the employer employs 20 or less employees; and

                  (ii)         the employer is not an employer in respect of whom a supplementary levy has been imposed by WorkCover under Part 5 of the Workers Rehabilitation and Compensation Act 1986 ,

a prescribed person may only take such time off work to take part in a course of training as the employer reasonably allows;

            (b)         a prescribed person must take reasonable steps to consult with the employer before taking time off work to take part in a course of training under this section.

        (3)         If a dispute arises in relation to the entitlement of a prescribed person under this section, the prescribed person or the employer may refer the dispute to the Industrial Commission.

        (4)         The Industrial Commission may determine the dispute and the decision of the Industrial Commission is binding on the prescribed person and the employer.

        (5)         In this section—

"prescribed person" means—

            (a)         a health and safety representative; and

            (b)         a deputy to a health and safety representative; and

            (c)         a member of a health and safety committee.



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