Australian Capital Territory Numbered Regulations

WORK SAFETY REGULATION 2009 (NO 45 OF 2009) - REG 42

    (1)     The employer of a work safety representative has a duty to allow the representative to take the time off work, without loss of pay or other entitlements, that is reasonably necessary for the representative—

        (a)     to exercise the functions of a work safety representative; and

        (b)     to undertake an approved training course, or an approved refresher training course, within 3 months after the day the representative is elected.

    (2)     An employer commits an offence if the employer fails to comply with the duty in subsection (1).

Maximum penalty: 30 penalty units.

    (3)     An employer commits on offence if—

        (a)     a work safety representative, or deputy work safety representative, engaged by the employer, undertakes an approved training course or approved refresher training course; and

        (b)     the employer fails to do 1 or both of the following:

              (i)     pay the fees for the course;

              (ii)     reimburse the reasonable expenses incurred by the representative in undertaking the course.

Maximum penalty: 20 penalty units.

    (4)     For the avoidance of doubt, the obligation to pay the fees for the course and reimburse reasonable expenses does not apply if the work safety representative is a suitably qualified person who is not a worker engaged by the employer.

    (5)     An offence against this section is a strict liability offence.