Victorian Consolidated Legislation

Occupational Health and Safety Act 2004 - SECT 90

Limitations on exercise of powers

90. Limitations on exercise of powers



(1) Despite anything else in this Part, an authorised representative of a
registered employee organisation is not entitled to exercise a power under
this Part in respect of-

   (a)  any part of a place that is used for residential purposes except with
        the consent of the occupier for the time being of the place; or

   (b)  any part of a place to which access is limited to any extent, by or
        under another Act, to particular persons or circumstances the effect
        of which is that the authorised representative is precluded from
        entering the part of the place.

(2) Despite anything else in this Part but subject to subsection (3), an
authorised representative of a registered employee organisation is not
entitled to exercise a power under this Part in respect of a place, except
with the consent of the employer who has, or a person who on behalf of the
employer has, the management and control of the work, if the exercise of that
power would cause any work at the place to cease.

(3) Nothing in subsection (2) prevents an authorised representative who
reasonably believes that there is an immediate and significant risk of serious
injury or death to one or more employees from warning the employee or
employees of that risk.

(4) To avoid doubt, nothing in subsection (2) prevents an authorised
representative from consulting with an employee during his or her meal-time or
other breaks.

Division 4-Offences relating to authorised representatives