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Work Health and Safety Act 2011
70General obligations of person conducting business or
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70 General obligations of person conducting business or
undertaking
(1) The person conducting a business or undertaking must—
(a) consult, so far as is reasonably practicable, on work health and
safety matters with any health and safety representative for a
work group of workers carrying out work for the business or
(b) confer with a health and safety representative for a work group,
whenever reasonably requested by the representative, for the
purpose of ensuring the health and safety of the workers in the
work group; and
(c) allow any health and safety representative for the work group to
have access to information that the person has relating to—
(i) hazards (including associated risks) at the workplace
affecting workers in the work group; and
(ii) the health and safety of the workers in the work group; and
(d) with the consent of a worker that the health and safety
representative represents, allow the health and safety
representative to be present at an interview concerning work
health and safety between the worker and—
(e) with the consent of 1 or more workers that the health and safety
representative represents, allow the health and safety
representative to be present at an interview concerning work
health and safety between a group of workers, which includes
the workers who gave the consent, and—
(f) provide any resources, facilities and assistance to a health and
safety representative for the work group that are reasonably
necessary or prescribed by regulation to enable the
representative to exercise his or her powers or perform his or her
functions under this Act; and
(g) allow a person assisting a health and safety representative for
the work group to have access to the workplace if that is
necessary to enable the assistance to be provided; and
(h) permit a health and safety representative for the work group to
accompany an inspector during an inspection of any part of the
workplace where a worker in the work group works; and
(i) provide any other assistance to the health and safety
representative for the work group that may be required by
(2) The person conducting a business or undertaking must allow a health
and safety representative to spend such time as is reasonably
necessary to exercise his or her powers and perform his or her
functions under this Act.
(3) Any time that a health and safety representative spends for the
purposes of exercising his or her powers or performing his or her
functions under this Act must be with the pay that he or she would
otherwise be entitled to receive for performing his or her normal
duties during that period.