Australian Capital Territory Numbered Regulations

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WORK SAFETY REGULATION 2009 (NO 45 OF 2009) - REG 32

Work safety representative—exercising functions—Act, s 58 (3)

    (1)     In exercising a function, the work safety representative for a worker consultation unit may—

        (a)     access any information under the employer's control in relation to the work safety of a represented worker, other than information that the representative is not entitled to under section 33; and

Note     The Legislation Act , s 170 and s 171 deal with the application of the privilege against selfincrimination and client legal privilege.

        (b)     inspect all or part of a workplace where a represented worker works if—

              (i)     there has, in the immediate past, been an accident or dangerous occurrence at the workplace; or

              (ii)     the representative believes on reasonable grounds that there is an immediate threat of an accident or dangerous occurrence at the workplace; or

              (iii)     the representative gives the employer reasonable notice of the inspection; and

        (c)     for all or part of a workplace where a represented worker works—

              (i)     ask an inspector to carry out an inspection at the workplace; and

              (ii)     accompany an inspector during an inspection of the workplace.

    (2)     A work safety representative must not exercise the representative's functions until each represented worker's employer is given notice under section 28.



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