10Employees' safety representative

10 Employees' safety representative

(1)  A person who was elected as an employees' safety representative under the former Act and, immediately before the commencement day, holds that office –

(a) is taken to have been elected as a health and safety representative under Part 5 of the new Act; and

(b) is to hold that office for a period of 3 years from the date of that person's election as an employees' safety representative under the former Act, unless that person ceases to hold office under section 64(2) of the new Act.

(2)  If, immediately before the commencement day, an election process to appoint an employees' safety representative has been commenced but not completed in accordance with the former regulations –

(a) subject to subsection (3) , that election process may continue after the commencement day in accordance with the procedures under the former regulations; and

(b) the person elected under that process is to be taken to have been elected as a health and safety representative under the new Act.

(3)  If an election process under subsection (2) has not been completed within 3 months after the commencement day, that process must be discontinued and a new election process commenced under the new Act.

(4)  Section 85(6) of the new Act does not apply to an employees' safety representative referred to in subsection (1) for a period of 12 months from the commencement day.

(5)  If an employees' safety representative referred to in subsection (1) was, immediately before the commencement day, eligible to issue a written direction under regulation 36(2) of the former regulations, section 90(4) of the new Act does not apply to that representative for a period of 12 months from the commencement day.

(6)  If a person has been prohibited under regulation 38(4)(b) of the former regulations from being appointed as an employees' safety representative, that person is not, for the term determined by the Director under that regulation, eligible for election under of the new Act.