Western Australian Current Acts

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WORK HEALTH AND SAFETY ACT 2020 - SECT 398

398 .         Elections in process before commencement day

        (1)         This section applies if, immediately before commencement day, an election is in process under a repealed enactment for a safety and health representative in relation to —

            (a)         workers at a workplace; or

            (b)         any other type of group of workers.

        (2)         The election must be continued and completed, and the repealed enactment continues to apply for that purpose.

        (3)         The election must be completed within the period of 3 months starting on commencement day.

        (4)         A person who is elected as a safety and health representative in the election is taken to have been elected as a health and safety representative under Part 5 Division 3 Subdivision 4 for a work group that corresponds to the group of workers referred to in subsection (1)(a) or (b).

        (5)         The person takes office when the person would have taken office under the repealed enactment.

        (6)         Subject to section 64(2), the person holds office until 1 of the following occurs —

            (a)         the period of 1 year starting on commencement day expires;

            (b)         a member of the work group referred to in subsection (4) makes a request under section 50 and, in consequence of that request, a person takes office as a health and safety representative under Part 5 Division 3 Subdivision 4.

        (7)         This section applies to an election for a deputy safety and health representative under a repealed enactment as it applies to an election for a safety and health representative under the repealed enactment, and, where this section applies to an election for a deputy safety and health representative, references to a health and safety representative under Part 5 Division 3 Subdivision 4 are to a deputy health and safety representative under that Subdivision (except in subsection (6)(b)).



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