Australian Capital Territory Numbered Regulations

WORK SAFETY REGULATION 2009 (NO 45 OF 2009) - REG 38

    (1)     The chief executive may disqualify a work safety representative if—

        (a)     satisfied that there is a ground for disqualification under section 36 ; and

        (b)     a show cause notice has been given under section 37 in relation to the ground; and

        (c)     the time for the representative to respond to the notice has ended.

    (2)     In deciding whether to disqualify a work safety representative, the chief executive must consider the following:

        (a)     if a ground for disqualification is that the representative did something, or is doing something, in the exercise, or purported exercise, of the representative's functions, with the intention of causing harm to an employer, or undertaking of an employer—

              (i)     the harm caused or likely to be caused to the employer or undertaking because of the thing the representative did or is doing; and

              (ii)     the effect (if any) on the public interest of the thing the representative did or is doing;

        (b)     the representative's past record in exercising the representative's functions;

        (c)     any response by the representative given in accordance with the show cause notice.

    (3)     The chief executive may consider anything else the chief executive considers relevant.

    (4)     If the chief executive disqualifies a person from being a work safety representative, the chief executive must tell the following people in writing about the disqualification:

        (a)     the person;

        (b)     the person who applied under section 35 for the person to be disqualified;

        (c)     each employer of workers in the worker consultation unit the person represented.

    (5)     If an employer is given written notice under subsection (4) the employer must tell workers the employer engages to carry out work in the unit about the disqualification.

Examples—how to tell workers about disqualification

1     email

2     notice posted

3     staff handbook

Note     An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).