Work Health and Safety (Mines and Petroleum Sites) Regulation 2022
168Membership of Board—the WHS (MPS) Act, s 65
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168 Membership of Board—the WHS (MPS) Act, s 65
168 Membership of Board—the WHS (MPS) Act, s 65
(1) Each member of the Board appointed by the Minister to represent the interests of employers in the mining industry must be selected from persons nominated by—
(a) the NSW Minerals Council, or
(b) Cement Concrete & Aggregates Australia.
(2) Each member of the Board appointed by the Minister to represent the interests of workers in the mining industry must be selected from persons nominated by—
(a) the Mining and Energy Union, or
(b) the Australian Workers Union, New South Wales Branch.
(3) Each member of the Board appointed by the Minister to represent the interests of employers in the petroleum industry must be selected from persons nominated by the Australian Petroleum Production and Exploration Association.
(4) Each member of the Board appointed by the Minister to represent the interests of employees in the petroleum industry must be selected from persons nominated by a union selected by the Minister, being a union the Minister is satisfied has at least 50 members employed in the petroleum industry.
(5) The Minister may refuse to accept the nomination of a candidate.
(6) The Minister may appoint a person the Minister considers suitable to represent the interests of a body referred to in subsections (1)–(4) as a member of the Board if the body—
(a) fails to nominate a candidate within 60 days after being requested to do so by the Minister, or
(b) nominates a candidate within the 60-day period but the candidate’s nomination is not accepted by the Minister.
(7) A member may be represented at a meeting by a delegate of the member who is taken to have all the functions of the member at the meeting.
(8) A member may, by written instrument, appoint a person to be the member’s delegate if—
(a) the person’s nomination was not refused by the Minister, or
(b) if the person’s nomination was refused by the Minister—the member has obtained the written consent of the Minister to appoint the person.