Western Australian Consolidated Acts

OCCUPATIONAL SAFETY AND HEALTH ACT 1984 - SECT 34

34 .         Disqualification of safety and health representatives

        (1)         A party mentioned in subsection (2) may refer to the Tribunal the question of whether a safety and health representative should be disqualified on the grounds that — 

            (a)         he or she has done anything under this Act with the intention only of causing harm to the representative’s employer or a commercial or business undertaking of the employer;

            (b)         he or she has used or disclosed any information acquired from the representative’s employer in his or her capacity as a safety and health representative for a purpose that is not connected with the performance of his or her functions under this Act with the intention of causing harm to the employer or a commercial or business undertaking of the employer; or

            (c)         he or she has failed adequately to perform his or her functions under this Act,

                or on any number of those grounds.

        (2)         A reference under subsection (1) relating to the disqualification of a safety and health representative may be made by — 

            (a)         his or her employer;

            (b)         a relevant employee; or

            (c)         the Commissioner.

        (3)         If, upon a reference under subsection (1), the Tribunal is satisfied that grounds for the disqualification of the safety and health representative exist, the Tribunal may disqualify him or her for a specified period, or permanently, from holding office as a safety and health representative.

        (4)         In determining what disqualification, if any, should be imposed under subsection (3), the Tribunal shall take into account — 

            (a)         the harm, if any, caused to the employer or a commercial or business undertaking of the employer;

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

            (c)         whether the safety and health representative acted contrary to the public interest,

                and may take into account any other matters that the Tribunal considers relevant.

        (5)         In subsection (2)(b) —

        relevant employee means —

            (a)         an employee who works at the workplace concerned;

            (b)         if the safety and health representative was elected for more than one workplace pursuant to a scheme established under section 30A, an employee who works at any such workplace; or

            (c)         if under a scheme referred to in paragraph (b) the safety and health representative was elected for a group of employees, an employee who is a member of the group.

        [Section 34 inserted by No. 43 of 1987 s. 13; amended by No. 30 of 1995 s. 26 and 47; No. 51 of 2004 s. 47, 69(1), (2), 88 and 102.]