32Disqualification of health and safety representatives

#### 32 Disqualification of health and safety representatives (1) An application for the disqualification of a health and safety representative for a designated work group may be made to the Commission by the employer of all the employees included in the designated work group, or, at the request of an employee in the designated work group, by an employee representative in relation to the designated work group, on one or both of the following grounds: (a) that action taken by the representative in the exercise or purported exercise of a power under subsection 28(1) or any other provision of this Act was taken: (i) with the intention of causing harm to the employer or to an undertaking of the employer; or (ii) unreasonably, capriciously or otherwise than for the purpose for which the power was conferred on the representative; (b) that the representative has intentionally used, or disclosed to another person, for a purpose that is not connected with the exercise of a power of a health and safety representative, information acquired from the employer. (2) Where, upon an application by an employer under subsection (1), the Commission is satisfied that the health and safety representative has acted in a manner referred to in paragraph (1)(a) or (b), the Commission may, after having regard to: (a) the harm (if any) that was caused to the employer or to an undertaking of the employer as a result of the action of the representative; and (b) the past record of the representative in exercising the powers of a health and safety representative; and (c) the effect (if any) on the public interest of the action of the representative; and (d) such other matters as the Commission thinks relevant; disqualify the representative, for a specified period not exceeding 5 years, from being a health and safety representative for any designated work group.