Document ID: chunk:federal_register_of_legislation:C2023C00248:section:42
Version: federal_register_of_legislation:C2023C00248
Segment Type: section
Provision Reference: s 42
Character Range: 40337–42523

42  Decisions without meetings

General decisions
 (1) Safe Work Australia is taken to have made a decision at a meeting if:
 (a) without meeting, a two‑thirds majority of the voting members entitled to vote on the proposed decision indicate agreement with the decision; and
 (b) that agreement is indicated in accordance with the method determined by Safe Work Australia under subsection (3); and
 (c) all the voting members were informed of the proposed decision, or reasonable efforts were made to inform all the voting members of the proposed decision.

Decisions about model WHS legislative framework
 (2) However, if the decision relates to the model WHS legislative framework, Safe Work Australia is only taken to have made the decision at a meeting if:
 (a) without meeting:
 (i) a two‑thirds majority of the voting members entitled to vote on the proposed decision; and
 (ii) a majority of the votes of all the voting members who represent the Commonwealth, States and Territories;
  indicate agreement with the decision; and
 (b) that agreement is indicated in accordance with the method determined by Safe Work Australia under subsection (3); and
 (c) all the voting members were informed of the proposed decision, or reasonable efforts were made to inform all the voting members of the proposed decision.

When decisions can be made without meeting
 (3) Subsection (1) or (2) applies only if:
 (a) Safe Work Australia has determined that it may make decisions of that kind without meeting; and
 (b) Safe Work Australia has determined the method by which voting members are to indicate agreement with proposed decisions.

When voting members are not entitled to vote
 (4) For the purposes of paragraph (1)(a) and subparagraph (2)(a)(i), a voting member is not entitled to vote on a proposed decision if the member would not have been entitled to vote on that proposal if the matter had been considered at a meeting of Safe Work Australia.

Record of decisions
 (5) Safe Work Australia must keep a record of decisions made in accordance with this section.

Part 6—The CEO, staff and committees of Safe Work Australia, and others assisting

Division 1—What this Part is about