Queensland Consolidated Acts

WORK HEALTH AND SAFETY ACT 2011 - SECT 48

48 Nature of consultation

(1) Consultation under this division requires—

(a) that relevant information about the matter is shared with workers; and

(b) that workers be given a reasonable opportunity—

(i) to express their views and to raise work health or safety issues in relation to the matter; and

(ii) to contribute to the decision-making process relating to the matter; and

(c) that the views of workers are taken into account by the person conducting the business or undertaking; and

(d) that the workers consulted are advised of the outcome of the consultation in a timely way.

(2) If the workers are represented by a health and safety representative, the consultation must involve that representative.

(3) Also, if 1 or more of the workers ask the person conducting the business or undertaking to consult with their representative, the consultation must involve that representative.

(4) Subsection (5) applies if—

(a) the consultation involves a representative under subsection (3) ; and

(b) the parties to the consultation agree that the consultation is to be carried out at a workplace where 1 or more of the workers work.

(5) The person conducting the business or undertaking must carry out the consultation only at the time and place agreed to by the parties.

(6) Subsection (1) (a) does not require the person conducting the business or undertaking to allow a representative to have access to—

(a) personal or medical information concerning a worker without the worker’s consent, unless the information is in a form that—

(i) does not identify the worker; and

(ii) could not reasonably be expected to lead to the identification of the worker; or

(b) information that is confidential commercial information.