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Work Health and Safety (National Uniform Legislation) Act 2011
72Obligation to train health and safety representatives
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72 Obligation to train health and safety representatives
(1) The person conducting a business or undertaking must, if
requested by a health and safety representative for a work group
for that business or undertaking, allow the health and safety
representative to attend a course of training in work health and
safety that is:
(a) approved by the regulator; and
(b) a course that the health and safety representative is entitled
under the Regulations to attend; and
(c) subject to subsection (5), chosen by the health and safety
representative, in consultation with the person conducting the
(2) The person conducting the business or undertaking must:
(a) as soon as practicable within the period of 3 months after the
request is made, allow the health and safety representative
time off work to attend the course of training; and
(b) pay the course fees and any other reasonable costs
associated with the health and safety representative's
attendance at the course of training.
(3) If:
(a) a health and safety representative represents a work group of
the workers of more than one business or undertaking; and
(b) the person conducting any of those businesses or
undertakings has complied with this section in relation to the
representative;
each of the persons conducting those businesses or undertakings
is to be taken to have complied with this section in relation to the
representative.
Work Health and Safety (National Uniform Legislation) Act 2011 51
(4) Any time that a health and safety representative is given off work to
attend the course of training 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.
(5) If agreement cannot be reached between the person conducting the
business or undertaking and the health and safety representative
within the time required by subsection (2) as to the matters set out
in subsections (1)(c) and (2), either party may ask the regulator to
appoint an inspector to decide the matter.
(6) The inspector may decide the matter in accordance with this
section.
(7) A person conducting a business or undertaking must allow a health
and safety representative to attend a course decided by the
inspector and pay the costs decided by the inspector under
subsection (6).
Note for subsection (7)