Commonwealth Numbered Acts

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WORK HEALTH AND SAFETY ACT 2011 (NO. 137, 2011) - SECT 65

Disqualification of health and safety representatives

             (1)  An application may be made to a court to disqualify a health and safety representative on the ground that the representative has:

                     (a)  exercised a power or performed a function as a health and safety representative for an improper purpose; or

                     (b)  used or disclosed any information he or she acquired as a health and safety representative for a purpose other than in connection with the role of health and safety representative.

             (2)  The following persons may make an application under this section:

                     (a)  any person adversely affected by:

                              (i)  the exercise of a power or the performance of a function referred to in subsection (1)(a); or

                             (ii)  the use or disclosure of information referred to in subsection (1)(b);

                     (b)  the regulator.

             (3)  If the court is satisfied that a ground in subsection (1) is made out, the court may disqualify the health and safety representative for a specified period or indefinitely.



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