Document ID: chunk:federal_register_of_legislation:C2024C00828:clause:3_35
Version: federal_register_of_legislation:C2024C00828
Segment Type: clause
Provision Reference: sch 3 cl 35
Character Range: 2249274–2250804

35  Assistance by consultant

Assistance by consultant
 (1) A health and safety representative for a designated work group is entitled, in the exercise of his or her powers, to be assisted by a consultant.
 (2) A health and safety representative for a designated work group may:
 (a) be assisted by a consultant at a workplace at which work is performed; or
 (b) provide to a consultant information that has been provided to the health and safety representative by an operator or work group employer under paragraph 34(1)(d) of this Schedule;
only if the operator or NOPSEMA has, in writing, agreed to the provision of that assistance at that workplace or the provision of that information, as the case may be.

Operator etc. not liable for consultant's remuneration etc.
 (3) Neither the operator nor any workplace employer becomes, because of the agreement under subclause (2) to the provision of assistance by a consultant, liable for any remuneration or other expenses incurred in connection with the consultant's activities.

Consultant may be present at interviews
 (4) If a health and safety representative for a designated work group is being assisted by a consultant, the consultant is entitled to be present with the representative at any interview, about health and safety at work, between a group member and:
 (a) a NOPSEMA inspector; or
 (b) the operator or any work group employer or a person representing the operator or that employer;
if, and only if, the group member consents to the presence of the consultant.