South Australian Numbered Acts South Australian Numbered Acts10—Insertion of Part 4 Division 2A
Part 4—after section 31 insert:
Division 2A—Training
31A—Training of health and safety representatives, deputies and
committee members
(1) A
prescribed person is entitled to take such time off work as is authorised by
the regulations for the purposes of taking part in a course of training
relating to occupational health, safety or welfare approved by the Advisory
Committee for the purposes of this section.
(2)
Subsection (1) is subject to the following qualifications:
(a)
if—
(i)
the employer employs 20 or less employees; and
(ii)
the employer is not an employer in respect of whom a
supplementary levy has been imposed by WorkCover under Part 5 of the
Workers Rehabilitation and Compensation Act 1986 ,
a prescribed person may only take such time off work to take part in a course
of training as the employer reasonably allows;
(b) a
prescribed person must take reasonable steps to consult with the employer
before taking time off work to take part in a course of training under this
section.
(3) If a dispute
arises in relation to the entitlement of a prescribed person under this
section, the prescribed person or the employer may refer the dispute to the
Industrial Commission.
(4) The Industrial
Commission may determine the dispute and the decision of the Industrial
Commission is binding on the prescribed person and the employer.
(5) In this
section—
"prescribed person" means—
(a) a
health and safety representative; and
(b) a
deputy to a health and safety representative; and
(c) a
member of a health and safety committee.
31B—Maintenance of pay and reimbursement of expenses
(1) A person who takes
time off work for the purposes of any training under this Division—
(a) is
entitled to take that time without the loss of any remuneration (payable by
the employer) that the person would have received had he or she been at work
for the relevant time; and
(b) is
entitled to be reimbursed by the employer for any reasonable expenses
reasonably incurred by the person with respect to—
(i)
travelling; or
(ii)
obtaining meals or accommodation; or
(iii)
parking fees; or
(iv)
other matters (if any) prescribed by the regulations,
to the extent that these expenses are over and above, or additional to,
expenses that the person would have incurred in any event had he or she been
at work at the relevant time.
(2) If a dispute
arises in relation to the entitlement of a person under this section, the
person or the employer may refer the dispute to the Industrial Commission.
(3) The Industrial
Commission may determine the dispute and the decision of the Industrial
Commission is binding on the person and the employer.
31C—Guidelines
The Advisory Committee may prepare and publish guidelines in relation to the
operation of this Division.