Domestic and family violence Bill 2007 (Serial 120);
Bonaparte Gas Pipeline (Special Provisions) Bill 2007 (Serial 119);
Justice Legislation Amendment Bill (No. 2) 2007 (Serial 122);
Treasurer's Annual Financial Report 2006/2007

health and safety representative means a person appointed by an employer as a health and safety representative under section 37.

(1) An employer with a workforce of at least 20 workers at a particular workplace must, if requested by a majority of the workers, establish a health and safety committee for the workplace within 3 weeks of the date of the request.

(2) A health and safety committee will consist of:
(a) workers working at the workplace elected by the workers working at the workplace; and
(b) persons appointed to the committee by the employer.

(3) The number of workers to be elected to the committee must be as agreed between the employer and the workers, but it must be at least equal to the number of persons appointed to the committee by the employer.

(4) An occupational health and safety committee must meet at least quarterly or at more frequent intervals approved by the employer.

(5) Subject to the regulations, an occupational health and safety committee may determine its own procedures.

The functions of a health and safety committee are as follows:
(a) to facilitate consultation and cooperation between the employer and workers in initiating, developing and implementing measures designed to ensure the health and safety of the workers at the workplace;

(b) to keep itself informed about standards of health and safety generally recommended for, or prevailing at, workplaces of a comparable nature, and to review and make recommendations to the employer on rules and procedures at the workplace affecting the health and safety of the workers;

(c) to recommend to the employer the establishment, maintenance and monitoring of programs, measures and procedures at the workplace relating to the health and safety of the workers;

(d) to keep, in an accessible place and form, information about the hazards to workers that exist or may arise at the workplace;

(e) to consider, and make recommendations about, changes to be made at the workplace that may affect the health and safety of the workers;

(f) to consider, and make recommendations about, training and education in, and promotion of, health and safety at the workplace;

(g) to consider, and make recommendations about, changes to be made at the workplace following an accident or reportable incident;

(h) to perform other functions assigned to the committee under the regulations or (with the committee's consent) by the employer.

If there is a health and safety committee for a workplace, the employer must:

(a) permit the committee, or a member of the committee nominated by the committee for the purpose, to inspect any part of the workplace at any reasonable time; and

(b) make available to the committee information reasonably available to the employer about:
(i) hazards that exist or may arise at the workplace; and
(ii) the health and safety of workers at the workplace; and
(c) consult with the health and safety committee on proposed changes at the workplace that may affect the health or safety of workers at the workplace; and

(d) where an accident or reportable incident occurs at the workplace – ensure the committee is notified as soon as possible; and

(e) provide the committee with reasonable facilities and assistance for carrying out its functions under this Act; and

(f) permit members of the committee to carry out their functions and to participate in relevant courses of training in occupational health and safety.

If the Authority is satisfied that an employer has implemented a health and safety management policy that gives effect to the objects of this Division, the Authority may, on conditions the Authority thinks appropriate, exempt the employer from the obligation to appoint a health and safety committee under this Division.

(1) An employer may appoint one or more members of a health and safety committee as health and safety representatives.

(2) A person cannot be appointed as a health and safety representative if disqualified from holding office as a health and safety representative.

(1) A health and safety representative is appointed for a term of 2 years.

(2) A person ceases to hold office as a health and safety representative if:
(a) the person's term of office comes to an end and the person is not re-appointed; or

(b) the Authority disqualifies the person from office as a health and safety representative; or

(c) the person resigns by notice given to the employer.

(3) The Authority may, on application by an employer, disqualify a person from office as a health and safety representative if satisfied that the person has misused powers as a health and safety representative.

(a) proceedings for an offence against the provision under which the requirement was made; or

(b) proceedings in the nature of perjury.".