Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) An application for the disqualification of a health and safety representative for a designated work group may be made to the Authority by the operator, or by an involved union in relation to the designated work group, on one or both of the following grounds:
(a) that action taken by the representative in the exercise or purported exercise of a power under subsection 48(1) or any other provision of this Act was taken:
(i) with the intention of causing harm to the operator or to an undertaking of the operator; or
(ii) unreasonably, capriciously or not for the purpose for which the power was conferred on the representative;
(b) that the representative intentionally used, or disclosed to another person, for a purpose that is not connected with the exercise of a power of a health and safety representative, information acquired from the operator.
(2) If, on an application by an operator or an involved union under subsection ( 1), the Authority is satisfied that the health and safety representative has acted in a manner referred to in paragraph ( 1)(a) or (b), the Authority may, after having regard to:
(a) the harm (if any) that was caused to the operator or to an undertaking of the operator as a result of the action of the representative; and
(b) the past record of the representative in exercising the powers of a health and safety representative; and
(c) the effect (if any) on the public interest of the action of the representative; and
(d) such other matters as the Authority thinks relevant;
disqualify the representative, for a specified period not exceeding 5 years, from being a health and safety representative for any designated work group.