Document ID: chunk:federal_register_of_legislation:C2024C00828:clause:3_43
Version: federal_register_of_legislation:C2024C00828
Segment Type: clause
Provision Reference: sch 3 cl 43
Character Range: 2265541–2267077

43  Duties of the operator and other employers in relation to health and safety committees

Duties
 (1) If there is a health and safety committee, the operator and any employer (other than the operator) of a member of the workforce must:
 (a) make available to the committee any information possessed by the operator or that employer relating to risks to health and safety to members of the workforce; and
 (b) permit any member of the committee who is a member of the workforce to take such time off work, without loss of remuneration or other entitlements, as is necessary for the member adequately to participate in the performance by the committee of its functions.
 (2) Paragraph (1)(a) has effect subject to subclauses (3) and (4).

Information
 (3) The operator or any employer (other than the operator) of a member of the workforce must not make available to a health and safety committee information of a confidential nature relating to a person who is or was a member of the workforce, unless:
 (a) the person has authorised the information to be made available to the committee; or
 (b) the information is in a form that does not identify the person or enable the identity of the person to be discovered.
 (4) The operator or any employer (other than the operator) of a member of the workforce is not required to make available to a health and safety committee any information in relation to which the operator or employer is entitled to claim, and does claim, legal professional privilege.

Division 5—Emergency procedures