Victorian Current Acts

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OCCUPATIONAL HEALTH AND SAFETY ACT 2004 - SECT 54

Election of health and safety representatives

    (1)     A health and safety representative for a designated work group is to be elected by the members of the designated work group.

    (2)     A person is—

        (a)     only eligible to be elected as a health and safety representative for a designated work group if he or she is a member of that group; and

        (b)     not eligible to be elected as a health and safety representative if he or she is disqualified under section 56 from acting as a health and safety representative.

    (3)     All members of the designated work group are entitled to vote in an election.

    (4)     The members of the designated work group may determine how an election is to be conducted (subject to subsection (5)) but, if they do not reach agreement within a reasonable time, any member may ask the Authority to arrange for an inspector to—

        (a)     conduct the election; or

        (b)     if the inspector considers it appropriate, appoint another person to conduct the election.

    (5)     An election must be conducted in accordance with the procedures (if any) prescribed by the regulations.

    (6)     If the number of candidates for election as a health and safety representative equals the number of vacancies, the election need not be conducted and each candidate is to be taken to have been elected as a health and safety representative for the designated work group.



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