South Australian Current Regulations South Australian Current Regulations (1) This regulation
sets out the default procedure for issue resolution for the purposes of
section 81(2) of the Act.
(2) Any party to the
issue may commence the procedure by informing each other party—
(a) that
there is an issue to be resolved; and
(b) the
nature and scope of the issue.
(3) As soon as parties
are informed of the issue, all parties must meet or communicate with each
other to attempt to resolve the issue.
(4) The parties must
have regard to all relevant matters, including the following:
(a) the
degree and immediacy of risk to workers or other persons involved in the
issue;
(b) the
number and location of workers and other persons affected by the issue;
(c) the
measures (both temporary and permanent) that must be implemented to resolve
the issue;
(d) who
will be responsible for implementing the resolution measures.
(5) A party may, in
resolving the issue, be assisted or represented by a person nominated by the
party.
(6) If the issue is
resolved, details of the issue and its resolution must be set out in a written
agreement if any party to the issue requests this.
Note—
Under the Act, "parties" to an issue include not only a person
conducting a business or undertaking, a worker and a health and safety
representative, but also representatives of these persons (see section 80
of the Act).
(7) If a written
agreement is prepared all parties to the issue must be satisfied that the
agreement reflects the resolution of the issue.
(8) A copy of the
written agreement must be given to—
(a) all
parties to the issue; and
(b) if
requested, to the health and safety committee for the workplace.
(9) To avoid doubt,
nothing in this procedure prevents a worker from bringing a work health and
safety issue to the attention of the worker's health and safety
representative.