Western Australian Consolidated Acts Western Australian Consolidated Acts (1) There shall be a
Commission for Occupational Safety and Health.
(2) The Commission
shall consist of —
(a) a
person nominated by the Minister and appointed by the Governor as chairperson;
(b) the
Commissioner;
(c) 2
persons employed in the Public Service under Part 3 of the
Public Sector Management Act 1994 , of whom —
(i)
one shall be nominated by the Minister; and
(ii)
the other shall be an officer of the department, as
defined in section 4(1) of the Mines Safety and Inspection Act 1994
, nominated by the Minister to whom the administration of that Act is
committed;
and
(d) 9
persons appointed by the Governor of whom —
(i)
2 shall be persons nominated for appointment by the body
known as the Chamber of Commerce and Industry of Western Australia (Inc);
(ii)
3 shall be persons, of whom one shall be a person who has
knowledge of and experience in the mining industry in the State, nominated for
appointment by the body known as The Trades and Labor Council of Western
Australia;
(iii)
3 shall be persons having knowledge of or experience in
occupational safety and health who shall be nominated for appointment by the
Minister after consultation between the Minister and the bodies referred to in
subparagraphs (i) and (ii); and
(iv)
one shall be a person nominated by the Chamber of
Minerals and Energy of Western Australia Inc.
(3) Where any of the
bodies referred to in subsection (2)(d)(i), (ii) or (iv) fails to make a
nomination within 60 days after being requested in writing by the
Minister to do so the Governor may appoint any person who is suitably
qualified, and any person so appointed shall be deemed to have been nominated
pursuant to subsection (2)(d)(i), (ii) or (iv), as the case may be.
(4) A nomination for
the purposes of subsection (2)(c) may be made from time to time, may be
made by reference to the holder of a specified office and may be expressed to
operate for a period or in such circumstances as are specified in the
instrument of nomination.
(5) In addition to the
name mentioned in subsection (1), the Commission may use, and operate
under, the name “WorkSafe W A”.
(6) A person other
than the Commission that uses or operates under the name mentioned in
subsection (1) or (5), or any name that is so similar that it is likely
to be misunderstood as referring to the Commission, commits an offence.
(7) Nothing in
subsection (6) prevents the department of the Public Service principally
assisting the Minister in the administration of this Act from using or
operating under the name of “WorkSafe Western Australia” or a
similar name if that designation is given to it under section 35 of the
Public Sector Management Act 1994.
[Section 6 amended by No. 30 of 1995
s. 8; No. 74 of 2003 s. 87(5); No. 51 of 2004 s. 103 and 105.]