Document ID: chunk:federal_register_of_legislation:C2024C00828:clause:3_26
Version: federal_register_of_legislation:C2024C00828
Segment Type: clause
Provision Reference: sch 3 cl 26
Character Range: 2238317–2240180

26  Election of health and safety representatives

Nominations
 (1) If:
 (a) there is a vacancy in the office of health and safety representative for a designated work group; and
 (b) within a reasonable time after the vacancy occurs, a person has not been selected under paragraph 25(3)(a) of this Schedule;
the operator of the facility must invite nominations from all group members for election as the health and safety representative of the group.
 (2) If the office of health and safety representative is vacant and the operator has not invited nominations within a further reasonable time that is no later than 6 months after the vacancy occurred, NOPSEMA may direct the operator to do so.

Election—more than one candidate
 (3) If there is more than one candidate for election at the close of the nomination period, the operator must conduct, or arrange for the conduct of, an election at the operator's expense.
 (4) An election conducted or arranged to be conducted under subclause (3) must be conducted in accordance with regulations made for the purposes of this subclause if this is requested by the lesser of:
 (a) 100 members of the workforce normally in the designated work group; or
 (b) a majority of the members of the workforce normally in the designated work group.

Election—only one candidate
 (5) If there is only one candidate for election at the close of the nomination period, that person is taken to have been elected.

Disqualified person cannot be a candidate
 (6) A person cannot be a candidate in the election if he or she is disqualified under clause 32.

Voting
 (7) All the members of the workforce in the designated work group are entitled to vote in the election.

Directions
 (8) An operator conducting or arranging for the conduct of an election under this clause must comply with any relevant directions issued by NOPSEMA.