Petroleum (Submerged Lands) Act 1982

This section applies if—

there is a vacancy in the office of health and safety representative for a designated work group; and

within a reasonable time after the vacancy occurs, a person has not been selected under section 22(3)(a).

The operator of the facility must invite nominations from all group members for election as the health and safety representative of the group.

If the office of health and safety representative is vacant and the operator has not invited nominations within a further reasonable time that is no later than 6 months after the vacancy occurred, the Safety Authority may direct the operator to invite nominations.

If there is more than 1 candidate for election at the close of the nomination period, the operator must conduct, or arrange for the conduct of, an election at the operator’s expense.

An election conducted or arranged to be conducted under subsection (4) must be conducted under a regulation made for the purposes of this subsection if this is requested by the lesser of—

100 members of the workforce normally in the designated work group; or

a majority of the members of the workforce normally in the designated work group.

If there is only 1 candidate for election at the close of the nomination period, the person is taken to have been elected.

A person can not be a candidate in the election if he or she is disqualified under section 29.

All the members of the workforce in the designated work group are entitled to vote in the election.

An operator conducting or arranging for the conduct of an election under this clause must comply with any relevant directions issued by the Safety Authority.