Health and Safety at Work (Health and Safety Representatives and Committees) Amendment Act 2023

1: Title
This Act is the Health and Safety at Work (Health and Safety Representatives and Committees) Amendment Act 2023.
2: Commencement
This Act comes into force on the day after the day on which it receives the Royal assent.
1: Amendments to Health and Safety at Work Act 2015
3: Principal Act
This Part amends the Health and Safety at Work Act 2015 2023-06-13 Health and Safety at Work Act 2015
4: Section 62 replaced (Election of health and safety representatives)
Replace section 62
62: Election of health and safety representatives
1: A worker who carries out work for a business or undertaking may request the PCBU to initiate the election of 1 or more health and safety representatives to represent workers who carry out work for that business or undertaking.
2: If a PCBU receives a request under subsection (1)
3: The PCBU’s obligation to initiate an election in response to a worker’s request applies only in relation to an election for the work group to which the worker belongs.
4: A PCBU may, on the PCBU’s own initiative, initiate the election of 1 or more health and safety representatives to represent workers who carry out work for that business or undertaking.
5: A person who contravenes subsection (2)
a: for an individual, to a fine not exceeding $5,000:
b: for any other person, to a fine not exceeding $25,000.
5: Section 66 replaced (Health and safety committees)
Replace section 66
66: Health and safety committees
1: The following persons may request the PCBU at a workplace to establish a health and safety committee for the business or undertaking or part of the business or undertaking:
a: a health and safety representative for a work group of workers carrying out work at that workplace; or
b: 5 or more workers at that workplace.
2: The PCBU must, as soon as practicable after receiving a request under subsection (1)
3: A PCBU at a workplace may establish a health and safety committee for the workplace or part of the workplace on the PCBU’s own initiative.
4: A person who contravenes subsection (2)
a: for an individual, to a fine not exceeding $5,000:
b: for any other person, to a fine not exceeding $25,000.
6: Section 214 amended (Regulations relating to worker engagement, participation, and representation)
Repeal section 214(1)﻿(b)﻿(v)
2: Consequential amendments to Health and Safety at Work (Worker Engagement, Participation, and Representation) Regulations 2016
7: Principal regulations
This Part amends the Health and Safety at Work (Worker Engagement, Participation, and Representation) Regulations 2016 2023-06-13 Health and Safety at Work (Worker Engagement, Participation, and Representation) Regulations 2016
8: Regulation 3 amended (Interpretation)
In regulation 3(1) ANZSIC classification code
9: Subpart 1 of Part 2 revoked
Revoke subpart 1
10: Regulation 13 amended (Elections)
In regulation 13(2)﻿(b) held conducted
11: Regulation 16 amended (Duty in relation to election)
In regulation 16(2) section 62(2) or (3) section 62(2) or (4)
12: Regulation 27 revoked (Duty to give notice of decision on health and safety committee)
Revoke regulation 27
13: Schedules 2 and 3 revoked
Revoke Schedules 2 3