Document ID: chunk:federal_register_of_legislation:C2011A00146:clause:2_9:p1
Version: federal_register_of_legislation:C2011A00146
Segment Type: clause
Provision Reference: sch 2 cl 9 (pt 1/2)
Character Range: 15780–18309

9  Work groups, health and safety representatives and health and safety committees continue as such
(1) On the commencing day:
 (a) a designated work group, as established under section 24 of the OHS Act or established and varied under that section, that is in operation immediately before the commencing day is taken to have been determined as a work group under the WHS Act; and
 (b) a person who held office immediately before the commencing day as a health and safety representative or deputy health and safety representative under the OHS Act is taken to hold the corresponding office under the WHS Act (with a term of office of 3 years beginning on the day on which the person was last selected under the OHS Act); and
 (c) a health and safety committee established under section 34 of the OHS Act that is in operation immediately before the commencing day is taken to be a health and safety committee under the WHS Act.
(2) If a process or proceeding:
 (a) to establish or vary a designated work group; or
 (b) to select a health and safety representative or deputy health and safety representative; or
 (c) to establish a health and safety committee;
has been started (but not completed) under the OHS Act before the commencing day, the process or proceeding (and any flow‑on process or proceeding) may be completed under the OHS Act as if the OHS Act were still in operation and will then have effect for the purposes of the WHS Act.
(3) Subitem (2) will cease to apply in relation to the selection of a health and safety representative or a deputy health and safety representative at the expiration of 3 months after the commencing day (and any process or proceeding not completed at the expiration of that period will need to be recommenced under the WHS Act).
(4) If, because of paragraph (1)(c), a health and safety committee established under the OHS Act is taken to be a health and safety committee under the WHS Act, then on the commencing day, the membership of the committee for the purposes of the WHS Act is made up as follows:
 (a) each person who is a member of the committee immediately before the commencing day is taken to be a member of the committee for the purposes of the WHS Act;
 (b) if, on the commencing day, there is a health and safety representative for a workplace in relation to which the committee is taken to be a health and safety committee under the WHS Act because of paragraph (1)(c), that representative, if he or she consents, is a member of the committee;
 (c) if, on the commencing