Work Health and Safety Act 2011

Subject to subsections (2)–(4), the constitution of a health and safety committee may be agreed between the person conducting the business or undertaking and the workers at the workplace.

If there is a health and safety representative at a workplace, that representative, if he or she consents, is a member of the committee.

If there are 2 or more health and safety representatives at a workplace, those representatives may choose one or more of their number (who consent) to be members of the committee.

At least half of the members of the committee must be workers who are not nominated by the person conducting the business or undertaking.

If agreement is not reached under this section within a reasonable time, any party may ask the regulator to appoint an inspector to decide the matter.

An inspector appointed on a request under subsection (5) may decide the constitution of the health and safety committee or that the committee should not be established.

A decision of an inspector under this section is taken to be an agreement under this section between the parties.