Document ID: chunk:federal_register_of_legislation:C2011A00146:clause:2_12
Version: federal_register_of_legislation:C2011A00146
Segment Type: clause
Provision Reference: sch 2 cl 12
Character Range: 19831–21067

12  Disqualification
(1) If, immediately before the commencing day, a person is disqualified under section 32 of the OHS Act from being a health and safety representative for any designated work group, that person is taken to be disqualified from being a health and safety representative for the purposes of the WHS Act on the commencing day.
(2) The period of the disqualification under the WHS Act is the balance of the period of disqualification under the OHS Act.
(3) If an application is made under section 65 of the WHS Act to disqualify a health and safety representative:
 (a) the exercise of powers and the performance of functions as a health and safety representative under the OHS Act for an improper purpose are relevant in the determination of the application; and
 (b) the use or disclosure of information acquired as a health and safety representative under the OHS Act for a purpose other than in connection with the role of health and safety representative (either under that Act or the WHS Act) is relevant in the determination of the application.
(4) This item applies to a deputy health and safety representative in the same way as it applies to a health and safety representative.

Part 5—Comcare and inspectors