Victorian Consolidated Legislation

Occupational Health and Safety Act 2004 - SECT 54

Election of health and safety representatives

54. Election of health and safety representatives



(1) A health and safety representative for a designated work group is to be
elected by the members of the designated work group.





(2) A person is-

   (a)  only eligible to be elected as a health and safety representative for
        a designated work group if he or she is a member of that group; and

   (b)  not eligible to be elected as a health and safety representative if he
        or she is disqualified under section 56 from acting as a health and
        safety representative.

(3) All members of the designated work group are entitled to vote in an
election.

(4) The members of the designated work group may determine how an election is
to be conducted (subject to subsection (5)) but, if they do not reach
agreement within a reasonable time, any member may ask the Authority to
arrange for an inspector to-

   (a)  conduct the election; or

   (b)  if the inspector considers it appropriate, appoint another person to
        conduct the election.

(5) An election must be conducted in accordance with the procedures (if any)
prescribed by the regulations.

(6) If the number of candidates for election as a health and safety
representative equals the number of vacancies, the election need not be
conducted and each candidate is to be taken to have been elected as a health
and safety representative for the designated work group.