NTIn ForceRegulation
WORK HEALTH AND SAFETY (NATIONAL UNIFORM LEGISLATION) REGULATIONS 2011
23Default procedure
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23 Default procedure
(1) This regulation sets out the default procedure for issue resolution
for the purposes of section 81(2) of the Act.
(2) Any party to the issue may commence the procedure by informing
each other party:
(a) that there is an issue to be resolved; and
(b) the nature and scope of the issue.
(3) As soon as parties are informed of the issue, all parties must meet
or communicate with each other to attempt to resolve the issue.
(4) The parties must have regard to all relevant matters, including the
(a) the degree and immediacy of risk to workers or other persons
affected by the issue;
(b) the number and location of workers and other persons
affected by the issue;
(c) the measures (both temporary and permanent) that must be
implemented to resolve the issue;
(d) who will be responsible for implementing the resolution
measures.
Work Health and Safety (National Uniform Legislation) Regulations 2011 44
(5) A party may, in resolving the issue, be assisted or represented by a
person nominated by the party.
(6) If the issue is resolved, details of the issue and its resolution must
be set out in a written agreement if any party to the issue requests
this.
Under the Act, parties to an issue include not only a person conducting a
business or undertaking, a worker and a health and safety representative, but
also representatives of these persons (see section 80 of the Act).
(7) If a written agreement is prepared all parties to the issue must be
satisfied that the agreement reflects the resolution of the issue.
(8) A copy of the written agreement must be given to:
(a) all parties to the issue; and
(b) if requested, to the health and safety committee for the
(9) To avoid doubt, nothing in this procedure prevents a worker from
bringing a work health and safety issue to the attention of the
worker's health and safety representative.