Subdivision 3 General
22 Referral of disagreement to reviewing authority
(1) If, in the course of consultations under clause 18, 19, 20 or 21,
there is a disagreement between any of the parties to the
consultation about the manner of establishing or varying a
designated work group, any party may, for facilitating that
consultation, refer the matter of disagreement to the reviewing
authority.
(2) If the matter of a disagreement is referred to the reviewing
authority, the parties to the disagreement must complete the
consultation in accordance with the resolution of that matter by the
reviewing authority.
23 Manner of grouping members of the workforce
(1) Consultations about the establishment or variation of a designated
work group must be directed principally at the determination of the
manner of grouping members of the workforce:
(a) that best and most conveniently enables their interests relating
to occupational health and safety to be represented and
safeguarded; and
(b) that best takes account of the need for any health and safety
representative selected for that designated work group to be
accessible to each group member.
(2) The parties to the consultations must have regard, in particular, to:
(a) the number of members of the workforce at the facility to
which the consultation relates;
(b) the nature of each type of work performed by those members;
(c) the number and grouping of those members who perform the
same or similar types of work;
(d) the workplaces where each type of work is performed;
Petroleum (Submerged Lands) Act 1981 184
(e) the nature of any risks to health and safety at each of those
workplaces; and
(f) any overtime or shift working arrangement at the facility.
(3) The designated work groups must be established or varied in such
a way that, so far as practicable, each of the members of the
workforce at a facility is in a designated work group.
(4) All the members of the workforce at a facility may be in one
Division 3 Health and safety representatives
Subdivision 1 Selection of health and safety representatives
24 Selection of health and safety representatives
(1) One health and safety representative may be selected for each
(2) A person is not eligible for selection as the health and safety
representative for a designated work group unless the person is a
member of the workforce included in the group.
(3) A person is taken to have been selected as the health and safety
representative for a designated work group if:
(a) all the members of the workforce in the group unanimously
agree to the selection; or
(b) the person is elected as the health and safety representative
of the group in accordance with clause 25.
25 Election of health and safety representatives
(a) there is a vacancy in the office of health and safety
representative for a designated work group; and
(b) within a reasonable time after the vacancy occurs, a person
has not been selected under clause 24(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.
Petroleum (Submerged Lands) Act 1981 185
(2) 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 do so.
(3) If there is more than one 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.
(4) The election must be conducted in accordance with regulations
made for this subclause if this is requested by the lesser of:
(a) 100 members of the workforce normally in the designated
work group; or
(b) a majority of the members of the workforce normally in the
(5) If there is only one candidate for election at the close of the
nomination period, that person is taken to have been elected.
(6) A person cannot be a candidate in the election if he or she is
disqualified under clause 31.
(7) All the members of the workforce in the designated work group are
entitled to vote in the election.
(8) 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.
26 List of health and safety representatives
The operator of a facility must:
(a) prepare and keep up to date a list of all the health and safety
representatives of designated work groups comprising
members of the workforce performing work at the facility; and
(b) ensure the list is available for inspection, at all reasonable
times, by:
(i) the members of the workforce at the facility; and
(ii) OHS inspectors.
Petroleum (Submerged Lands) Act 1981 186
27 Members of designated work group must be notified of
selection etc. of health and safety representative
The operator of a facility must:
(a) notify members of a designated work group in relation to the
facility of a vacancy in the office of health and safety
representative for the designated work group within a
reasonable time after the vacancy arises; and
(b) notify those members of the name of any person selected
(whether under clause 24(3)(a) or (b)) as health and safety
representative for the designated work group within a
reasonable time after the selection is made.
28 Term of office
holds office:
(a) if, in consultations that took place under clause 18, 19, 20
or 21, the parties to the consultations agreed to the period for
which the health and safety representative for the group was
to hold office – for that period; or
(b) if paragraph (a) does not apply – for 2 years.
(2) The term of office of a health and safety representative begins at
the start of the day on which he or she was selected.
(3) This clause does not prevent a health and safety representative
from being selected for further terms of office.
29 Training of health and safety representatives
must undertake a course of training relating to occupational health
and safety that is accredited by the Safety Authority for this clause.
(2) The operator of the facility concerned must permit the
representative to take any time off work, without loss of
remuneration or other entitlements, that is necessary to undertake
the training.
(3) If a person other than the operator is the employer of the
representative, that person must permit the representative to take
any time off work, without loss of remuneration or other
entitlements, that is necessary to undertake the training.
Petroleum (Submerged Lands) Act 1981 187
30 Resignation etc. of health and safety representatives
(1) A person ceases to be the health and safety representative for the
designated work group if:
(a) the person resigns as the health and safety representative;
(b) the person ceases to be a group member of that designated
work group;
(c) the person's term of office expires without the person having
been selected, under clause 24, to be the health and safety
representative for the designated work group for a further
term; or
(d) the person is disqualified under clause 31.
(2) A person may resign as the health and safety representative for a
designated work group by notice in writing delivered to the operator
and to each work group employer.
(3) If a person resigns as the health and safety representative for a
designated work group, the person must notify the resignation to
the group members.
(4) If a person has ceased to be the health and safety representative
for a designated work group because of subclause (1)(b), the
person must notify in writing:
(a) the group members; and
(b) the operator and each work group employer,
that the person has ceased to be the health and safety
representative for that designated work group.
31 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
Safety Authority by:
(a) the operator;
(b) a work group employer; or
(c) at the request of a group member of the designated work
group – a workforce representative in relation to the
Petroleum (Submerged Lands) Act 1981 188
(2) The application may be made on either or both of the following
grounds:
(a) that action taken by the representative in the exercise or
purported exercise of a power under clause 33(1) or any other
provision of this Schedule was taken:
(i) with the intention of causing harm to the operator or
work group employer or to an undertaking of the
operator or work group employer; or
(ii) unreasonably, capriciously or not 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 operator or work group
employer.
(3) On the application, the Safety Authority may disqualify the
representative, for a specified period not exceeding 5 years, from
being a health and safety representative for any designated work
group, if the Safety Authority is satisfied the representative has
acted in a manner mentioned in subclause (2).
(4) In making a decision under subclause (3), the Safety Authority must
have regard to:
(a) the harm (if any) that was caused to the operator or work
group employer or to an undertaking of the operator or work
group employer as a result of the action of the representative;
(b) the past record of the representative in exercising the powers
of a health and safety representative;
(c) the effect (if any) on the public interest of the action of the
representative; and
(d) any other matters the Safety Authority considers relevant.
32 Deputy health and safety representatives
(1) One deputy health and safety representative may be selected for
each designated work group for which a health and safety
representative has been selected.
(2) A deputy health and safety representative must be selected in the
same way as a health and safety representative under clause 24.
Petroleum (Submerged Lands) Act 1981 189
(3) If the health and safety representative for a designated work group:
(a) ceases to be the health and safety representative; or
(b) is unable (because of absence or for any other reason) to
exercise the powers of a health and safety representative,
then:
(c) the powers may be exercised by the deputy health and safety
representative (if any) for the group; and
(d) this Schedule (other than this clause) applies in relation to the
deputy health and safety representative accordingly.
Subdivision 2 Powers of health and safety representatives
33 Powers of health and safety representatives
may, for promoting or ensuring the health and safety at a workplace
of the group members:
(a) do all or any of the following:
(i) inspect the whole or any part of the workplace if there
has, in the immediate past, been an accident or
dangerous occurrence at the workplace or if there is an
immediate threat of such an accident or dangerous
occurrence;
(ii) inspect the whole or any part of the workplace if the
health and safety representative has given reasonable
notice of the inspection to the operator's representative
at the facility and to any other person having immediate
control of the workplace;
(iii) make a request to an OHS inspector or to the Safety
Authority that an inspection be conducted at the
workplace;
(iv) accompany an OHS inspector during any inspection at
the workplace by the OHS inspector (whether or not the
inspection is being conducted as a result of a request
made by the health and safety representative);
(v) if there is no health and safety committee in relation to
the members of the workforce at the facility – represent
group members in consultations with the operator and
any work group employer about the development,
Petroleum (Submerged Lands) Act 1981 190
implementation and review of measures to ensure the
health and safety of those members at the workplace;
(vi) if a health and safety committee has been established in
relation to the members of the workforce at the facility –
examine any of the records of that committee;
(b) investigate complaints made by any group member to the
health and safety representative about the health and safety of
any of the members of the workforce (whether in the group or
not);
(c) with the consent of a group member, be present at any
interview about health and safety at work between that
member and:
(i) an OHS inspector;
(ii) the operator or a person representing the operator; or
(iii) a work group employer or person representing the
employer;
(d) obtain access to any information under the control of the
operator or any work group employer:
(i) relating to risks to the health and safety of any group
member; and
(ii) relating to the health and safety of any group member;
and
(e) issue provisional improvement notices in accordance with
clause 37.
(2) Subclause (1)(d)(ii) has effect subject to clause 35.
34 Assistance by consultant
(1) A health and safety representative for a designated work group is
entitled, in the exercise of his or her powers, to be assisted by a
consultant.
(2) A health and safety representative for a designated work group
may:
(a) be assisted by a consultant at a workplace at which work is
performed; or
Petroleum (Submerged Lands) Act 1981 191
(b) provide to a consultant information that has been provided to
the health and safety representative by a group member under
clause 33(1)(d),
only if the operator or the Safety Authority has, in writing, agreed to
the provision of that assistance at that workplace or the provision of
that information.
(3) The operator or a workplace employer does not become liable,
because of the agreement under subclause (2) to the provision of
assistance by a consultant, for any remuneration or other expenses
incurred in connection with the consultant's activities.
(4) If a health and safety representative for a designated work group is
being assisted by a consultant, the consultant is entitled to be
present with the representative at any interview, about health and
safety at work, between a group member and:
(a) an OHS inspector; or
(b) the operator or any work group employer or a person
representing the operator or that employer,
only if the group member consents to the presence of the
consultant.
35 Information
(1) A health and safety representative or consultant assisting a health
and safety representative is not entitled, under clause 33(1)(d)(ii), to
have access to information in respect of which a group member is
entitled to claim, and does claim, client legal privilege.
(2) A health and safety representative or consultant assisting a health
and safety representative is not entitled, under clause 33(1)(d)(ii), to
have access to information of a confidential medical nature relating
to a person who is or was a group member unless:
(a) the person has delivered to the operator or any work group
employer a written authority permitting the health and safety
representative, or the health and safety representative and the
consultant, as the case requires, to have access to the
information; or
(b) the information is in a form that does not identify the person or
Petroleum (Submerged Lands) Act 1981 192
36 Obligations and liabilities of health and safety representatives
This Schedule does not:
(a) impose an obligation on a person to exercise any power
conferred on the person because the person is a health and
safety representative; or
(b) render a person liable in a civil proceeding because of:
(i) a failure to exercise such a power; or
(ii) the way such a power was exercised.
37 Provisional improvement notices
(a) a health and safety representative for a designated work
group believes, on reasonable grounds, that a person:
(i) is contravening a provision of a listed OHS law; or
(ii) has contravened a provision of a listed OHS law and is
likely to contravene that provision again; and
(b) the contravention affects or may affect one or more group
members,
the representative must consult with the person supervising the
relevant activity in an attempt to reach agreement on rectifying the
contravention or preventing the likely contravention.
(2) If, in the health and safety representative's opinion, agreement is
not reached within a reasonable time, the health and safety
representative may issue a provisional improvement notice to any
or all of the persons (each of whom is in this clause called a
responsible person) responsible for the contravention.
(3) If a responsible person is the operator, the improvement notice may
be issued to the operator by giving it to the operator's
Petroleum (Submerged Lands) Act 1981 193
(4) If it is not practicable to issue the notice to a responsible person
(other than the operator or the supervisor) by giving it to that
responsible person:
(a) the notice may be issued to that responsible person by giving
it to the person who for the time being is, or may reasonably
be presumed to be, on behalf of the responsible person, in
charge of the activity to which the notice relates; and
(b) if the notice is so issued, a copy of the notice must be given to
the responsible person as soon as practicable afterwards.
(5) The notice must:
(a) specify the contravention that, in the health and safety
representative's opinion, is occurring or is likely to occur, and
specify the reasons for that opinion; and
(b) specify a period that:
(i) is not less than 7 days starting on the day after the
notice is issued; and
(ii) is, in the representative's opinion, reasonable,
within which the responsible person is to take action
necessary to prevent any further contravention or to prevent
the likely contravention.
(6) The notice may specify action that the responsible person is to take
during the period specified in the notice.
(7) If, in the health and safety representative's opinion, it is appropriate
to do so, the representative may, in writing and before the end of
the period, extend the period specified in the notice.
(8) On issuing the notice, the health and safety representative must
give a copy of the notice to:
(a) if the operator is not a responsible person – the operator;
(b) each work group employer other than a work group employer
who is a responsible person;
(c) if the supervisor is not a responsible person – the supervisor;
and
Petroleum (Submerged Lands) Act 1981 194
(d) if the notice relates to any plant, substance or thing that is
owned by a person other than a responsible person or a
person to whom a copy of the notice is given under
paragraph (a), (b) or (c) – that owner.
38 Effect of provisional improvement notice
(1) Within 7 days after a notice is issued under clause 37:
(a) the responsible person; or
(b) any other person to whom a copy of the notice has been given
under clause 37(8),
may request the Safety Authority or an OHS inspector for an
inspection of the matter to be conducted.
(2) On the request being made, the operation of the notice is
suspended pending the determination of the matter by an OHS
inspector.
(3) As soon as possible after a request is made, an inspection must be
conducted of the work that is the subject of the disagreement and
the OHS inspector conducting the inspection must:
(a) confirm, vary or cancel the notice and notify the responsible
person and any person to whom a copy of the notice has been
given under clause 37(8) accordingly; and
(b) make decisions, and exercise powers, under Part 4 as the
OHS inspector considers necessary in relation to the work.
(4) If the OHS inspector varies a notice, the notice as so varied has
effect:
(a) so far as the notice concerns obligations imposed on the
responsible person that are unaffected by the variation – as if
the notice as so varied resumed effect on the day of the
variation; and
(b) so far as the notice concerns new obligations imposed by
virtue of the variation – as if the notice as so varied were a
new notice issued on the day of the variation.
(5) If the notice is issued to a responsible person, the responsible
person must:
(a) notify each group member who is affected by the notice of the
fact of the issue of the notice; and
Petroleum (Submerged Lands) Act 1981 195
(b) until the notice ceases to have effect, cause a copy of the
notice to be displayed at or near each workplace at which the
work that is the subject of the notice is being performed.
(6) The notice ceases to have effect if:
(a) it is cancelled by an OHS inspector or the health and safety
representative; or
(b) the responsible person:
(i) takes the action specified in the notice; or
(ii) if no action is so specified – takes the action necessary
to prevent the further contravention, or likely
contravention, concerned.
(7) The responsible person:
(a) must ensure, to the extent the notice relates to any matter
over which the person has control, the notice is complied with;
and
(b) must take reasonable steps to inform the health and safety
representative who issued the notice of the action taken to
(8) For clause 65, if the OHS inspector confirms or varies the notice,
the OHS inspector is taken to have decided, under clause 61, to
issue an improvement notice in those terms.
Subdivision 3 Duties of the operator and other employers in
relation to health and safety representatives
39 Duties of operator and other employers in relation to health
and safety representatives
(1) The operator of a facility, in relation to which a designated work
group having a health and safety representative has been
established, must:
(a) on being requested to do so by the representative, consult
with the representative on the implementation of changes at
any workplace at which some or all of the group members
perform work, being changes that may affect their health and
safety;
Petroleum (Submerged Lands) Act 1981 196
(b) in relation to a workplace at which some or all of the group
members perform work:
(i) permit the representative to make any inspection of the
workplace that the representative is entitled to make in
accordance with clause 33(1)(a)(i) and to accompany an
OHS inspector during an inspection at the workplace by
the OHS inspector; and
(ii) if there is no health and safety committee in respect of
the members of the workforce – on being requested to
do so by the representative, consult with the
representative about the development, implementation
and review of measures to ensure the health and safety
of group members;
(c) permit the representative to be present at any interview at
which the representative is entitled to be present under
clause 33(1)(c);
(d) provide to the representative access to any information to
which the representative is entitled to obtain access under
clause 33(1)(d)(i) or (ii) and to which access has been
requested;
(e) permit the representative to take any time off work, without
loss of remuneration or other entitlements, that is necessary to
exercise the powers of a health and safety representative; and
(f) provide the representative with access to any facilities that
are:
(i) prescribed by the regulations; or
(ii) necessary for exercising the powers of a health and
safety representative.
(2) Subclause (1)(d) has effect subject to subclauses (3) and (4).
(3) The operator must not permit a health and safety representative in
relation to a designated work group to have access to information
that:
(a) is of a confidential medical nature under the control of the
operator; and
(b) relates to a person who is or was a group member,
Petroleum (Submerged Lands) Act 1981 197
(c) the person has delivered to the employer a written authority
permitting the representative to have access to the
information; or
(d) the information is in a form that does not identify the person or
(4) The operator is not required to give a health and safety
representative access to any information in respect of which the
operator is entitled to claim, and does claim, client legal privilege.
(5) The duties imposed by this clause on the operator in relation to the
health and safety representative for a designated work group apply
equally, to the extent that the matters to which the duties relate are
within the control of a work group employer or of a supervisor of
particular work, to that employer and to that supervisor.
Division 4 Health and safety committees
40 Health and safety committees
(1) A health and safety committee must be established in relation to the
members of the workforce at a facility if:
(a) the number of those members normally present at the facility
is not less than 50 (whether or not those members are all at
work at the facility at the same time);
(b) the members of the workforce are included in one or more
designated work groups; and
(c) the operator is requested to establish the committee by the
health and safety representative for the designated work
group or for one of the designated work groups.
(2) The health and safety committee consists of:
(a) the number of members specified in an agreement reached
between the operator and the members of the workforce; or
(b) if there is no such agreement, an equal number of:
(i) members, chosen by the members of the workforce, to
represent the interests of members of the workforce; and
(ii) members, chosen by the operator, to represent the
interests of the operator and the employer (other than
the operator) of members of the workforce.
Petroleum (Submerged Lands) Act 1981 198
(3) The agreement mentioned in subclause (2)(a) may:
(a) specify the persons who are to be members to represent the
interests of the operator and employers (other than the
operator) of members of the workforce; and
(b) provide for the way in which persons who are to be members
to represent the interests of members of the workforce are to
be chosen.
(4) If regulations made for this clause specify procedures for the
selection of persons as members of health and safety committees
to represent the interests of members of the workforce, an
agreement mentioned in subclause (2)(a) must not provide for
members to be chosen in a way inconsistent with the regulations.
(5) A health and safety committee must hold a meeting at least once
every 3 months.
(6) The procedure at meetings of a health and safety committee must,
except to the extent provided for by the regulations, be the
procedure agreed on by the committee.
(7) A health and safety committee must cause minutes of its meetings
to be kept and must retain those minutes for not less than 3 years.
(8) This clause does not prevent an operator from establishing, in
consultation with registered unions or any other persons,
committees concerned with occupational health and safety in
relation to undertakings carried on by the operator.
41 Functions of health and safety committee
(1) A health and safety committee has the following functions:
(a) to assist the operator of the facility concerned:
(i) to develop and implement measures designed to protect;
and
(ii) to review and update measures used to protect the
health and safety at work of members of the workforce;
(b) to facilitate cooperation between the operator of the facility,
employers (other than the operator) of members of the
workforce, and members of the workforce, in relation to
occupational health and safety matters;
Petroleum (Submerged Lands) Act 1981 199
(c) to assist the operator to disseminate among members of the
workforce, in appropriate languages, information relating to
health and safety at work;
(d) any functions prescribed by the regulations;
(e) any other functions that are agreed between the operator and
the health and safety committee.
(2) A health and safety committee has power to do all things necessary
or convenient to be done for or in connection with the performance
of its functions.
(3) This Schedule does not:
(a) impose an obligation on a person to do any act, because the
person is a member of a health and safety committee, in
connection with the performance of a function conferred on
the committee; or
(b) render such a person liable in a civil proceeding because of:
(i) a failure to do such an act; or
(ii) the manner in which such an act was done.
42 Duties of the operator and other employers in relation to health
and safety committees
(1) If there is a health and safety committee, the operator and any
employer (other than the operator) of a member of the workforce
must:
(a) make available to the committee any information possessed
by the operator or that employer relating to risks to health and
safety to members of the workforce; and
(b) permit any member of the committee who is a member of the
workforce to take time off work, without loss of remuneration
or other entitlements, as is necessary for the member
adequately to participate in the performance by the committee
of its functions.
(2) Subclause (1)(a) has effect subject to subclauses (3) and (4).
Petroleum (Submerged Lands) Act 1981 200
(3) The operator or any employer (other than the operator) of a
member of the workforce must not make available to a health and
safety committee information of a confidential nature relating to a
person who is or was a member of the workforce unless:
(a) the person has authorised the information to be made
available to the committee; or
(b) the information is in a form that does not identify the person or
(4) The operator or any employer (other than the operator) of a
member of the workforce is not required to make available to a
health and safety committee any information in respect of which the
operator or employer is entitled to claim, and does claim, client
legal privilege.