South Australian Numbered Acts

OCCUPATIONAL HEALTH, SAFETY AND WELFARE (SAFEWORK SA) AMENDMENT ACT 2005 (NO 41 OF 2005) - SECT 12

12—Amendment of section 34—Responsibilities of employers

        (1)         Section 34(3), (4) and (5)—delete subsections (3), (4) and (5) and substitute:

        (3)         A health and safety representative is entitled to take such time off work as is reasonably necessary for the purposes of performing the functions of a health and safety representative under this Act.

        (4)         A health and safety representative who takes time off work under subsection (3)—

            (a)         is entitled to take that time without the loss of any remuneration (payable by the employer) that the health and safety representative 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 health and safety representative 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 health and safety representative would have incurred in any event had he or she been at work at the relevant time.

        (5)         A health and safety representative must take reasonable steps to obtain the agreement of the employer before incurring any expenses that he or she intends to claim under subsection (4)(b) (and that agreement must not be unreasonably withheld).

        (5a)         The Advisory Committee may prepare and publish guidelines in relation to the operation of subsections (3), (4) and (5).

        (2)         Section 34(6)—after "subsection (3)" insert:

or (4)