Document ID: chunk:federal_register_of_legislation:C2024C00828:clause:3_32
Version: federal_register_of_legislation:C2024C00828
Segment Type: clause
Provision Reference: sch 3 cl 32
Character Range: 2243829–2245925

32  Disqualification of health and safety representatives

Application for disqualification
 (1) An application for the disqualification of a health and safety representative for a designated work group may be made to NOPSEMA by:
 (a) the operator; or
 (b) a work group employer; or
 (c) at the request of a group member of the designated work group—a workforce representative in relation to the designated work group.

Grounds for disqualification
 (2) An application under subclause (1) may be made on either or both of the following grounds:
 (a) that action taken by the health and safety representative in the exercise or purported exercise of a power under subclause 34(1) or any other provision of this Schedule was taken:
 (i) with the intention of causing harm to the operator or work group employer or to an undertaking of the operator or work group employer; or
 (ii) unreasonably, capriciously or not for the purpose for which the power was conferred on the health and safety representative;
 (b) that the health and safety representative has intentionally used, or disclosed to another person, for a purpose that is not connected with the exercise of a power of a health and safety representative, information acquired from the operator or work group employer.

Disqualification
 (3) If, on an application under subclause (1), NOPSEMA is satisfied that the health and safety representative has acted in a manner referred to in subclause (2), NOPSEMA may, after having regard to:
 (a) the harm (if any) that was caused to the operator or work group employer or to an undertaking of the operator or work group employer as a result of the action of the representative; and
 (b) the past record of the representative in exercising the powers of a health and safety representative; and
 (c) the effect (if any) on the public interest of the action of the representative; and
 (d) such other matters as the Authority thinks relevant;
disqualify the representative, for a specified period not exceeding 5 years, from being a health and safety representative for any designated work group.