Work Health and Safety Act 2011

The powers and functions of a health and safety representative for a work group are—

to represent the workers in the work group in matters relating to work health and safety; and

to monitor the measures taken by the person conducting the relevant business or undertaking, or that person’s representative, in compliance with this Act in relation to workers in the work group; and

to investigate complaints from members of the work group relating to work health and safety; and

to inquire into anything that appears to be a risk to the health or safety of workers in the work group, arising from the conduct of the business or undertaking.

A provision of a law that gives a person a function also gives the person powers necessary and convenient to exercise the function (see Legislation Act, s 196).

In exercising a power or performing a function, the health and safety representative may—

inspect the workplace or any part of the workplace at which a worker in the work group works—

at any time after giving reasonable notice to the person conducting the business or undertaking at that workplace; and

at any time, without notice, in the event of an incident, or any situation involving a serious risk to the health or safety of a person emanating from an immediate or imminent exposure to a hazard; and

accompany an inspector during an inspection of the workplace, or part of the workplace, at which a worker in the work group works; and

with the consent of a worker that the health and safety representative represents, be present at an interview concerning work health and safety between the worker and—

an inspector; or

the person conducting the business or undertaking at that workplace or the person’s representative; and

with the consent of 1 or more workers that the health and safety representative represents, be present at an interview concerning work health and safety between a group of workers, which includes the workers who gave the consent, and—

an inspector; or

the person conducting the business or undertaking at that workplace or the person’s representative; and

request the establishment of a health and safety committee; and

receive information concerning the work health and safety of workers in the work group; and

whenever necessary, request the assistance of any person.

A health and safety representative also has power under div 5.6 to direct work to cease in certain circumstances and under div 5.7 to issue provisional improvement notices.

Despite subsection (2) (f), a health and safety representative is not entitled to have access to any personal or medical information concerning a worker without the worker’s consent unless the information is in a form that—

does not identify the worker; and

could not reasonably be expected to lead to the identification of the worker.

Nothing in this Act imposes, or is taken to impose, a duty on a health and safety representative in that capacity.

A reference to an Act includes a reference to statutory instruments made or in force under the Act, including a regulation and any law or instrument applied, adopted or incorporated by the Act (see Legislation Act, s 104).