Western Australian Current Acts

WORK HEALTH AND SAFETY ACT 2020 - SECT 223A

223A .         Review applications by unions

        (1)         Subject to subsection (2), a union may make an application as referred to in section 223(3)(b) without —

            (a)         identifying the member or members on whose behalf the application is made; or

            (b)         providing evidence of the union’s authority to make the application on behalf of the member or members.

        (2)         The internal reviewer or Tribunal, as the case requires, may direct the union to provide the internal reviewer or Tribunal with any information or evidence of the kind referred to in subsection (1)(a) or (b) within the time specified in the direction.

        (3)         The internal reviewer or Tribunal must not disclose to any person any information or evidence provided by the union in accordance with the direction unless —

            (a)         the internal reviewer or Tribunal reasonably believes that the disclosure is necessary for the purpose of conducting the review; and

            (b)         the information or evidence is disclosed in a form that does not identify any member of the union.

        (4)         Despite subsection (3)(b), the internal reviewer or Tribunal —

            (a)         may ask a member of the union to consent to the disclosure of their identity; and

            (b)         if the member so consents, may disclose the information or evidence in a form that identifies the member.