28Appointment of industry safety and health representatives

#### 28 Appointment of industry safety and health representatives 28 Appointment of industry safety and health representatives > > (1) In this section— > > > > eligible person means a person who— > > > > > (a) is a WHS entry permit holder, and > > > > > (b) has the qualifications (if any) prescribed by the regulations. > > > (2) The Minister may appoint a person as an industry safety and health representative if— > > > > > (a) the person is an eligible person, and > > > > > (b) the person is nominated by the Mining and Energy Union, and > > > > > (c) the person is, in the Minister’s opinion, a suitable person to be appointed as an industry safety and health representative. > > > (2AA) For the purpose of determining under subclause (2)(c) whether a person is suitable to be appointed as an industry safety and health representative, the Minister may make enquiries about the person the Minister considers appropriate, including— > > > > > (a) a nationwide criminal record check, and > > > > > (b) other relevant probity checks relating to the person’s previous employment or other activities. > > > (2A) The Minister must appoint a person under subsection (2) if there are fewer than 4 persons currently appointed as industry safety and health representatives. > > > (3) An appointment of an industry safety and health representative must be in writing. > > > (4) A person’s appointment as an industry safety and health representative is revoked if the person ceases to be an eligible person. > > > (5) The regulations may prescribe circumstances in which the Minister must suspend or revoke, or may not suspend or revoke, an appointment under this section. > > > > Note— > > > > Section 47 of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) provides incidental powers with respect to appointments including providing a power to suspend or revoke any such appointment. > > > (6) A person whose appointment is suspended or revoked by the Minister may apply for an external review under section 229 of the WHS Act as if the person were an eligible person and the decision of the Minister to suspend or revoke the appointment were a reviewable decision. For the purposes of the review any reference in that section to the regulator is taken to include a reference to the Minister. > > **s 28:** Am 2016 No 55, Sch 1.34; 2019 No 1, Sch 2.44; 2022 No 24, Sch 1\[8\] \[9\]; 2023 No 40, Sch 4\[1\].